Federal Register-02-23801

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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68242 Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations
ENVIRONMENTAL PROTECTION producing engines and equipment except on government holidays. You
AGENCY meeting the new standards. Many can reach the Reading Room by
engines will substantially reduce their telephone at (202) 566–1742, and by
40 CFR Parts 89, 90, 91, 94, 1048, 1051, fuel consumption, partially or facsimile at (202) 566–1741. The
1065, and 1068 completely offsetting any costs telephone number for the Air Docket is
associated with the emission standards. (202) 566–1742. You may be charged a
[AMS–FRL–7380–2]
Overall, the gasoline-equivalent fuel reasonable fee for photocopying docket
RIN 2060–AI11 savings associated with the anticipated materials, as provided in 40 CFR part 2.
changes in technology resulting from For further information on electronic
Control of Emissions From Nonroad this rule are estimated to be about 800 availability of this action, see
Large Spark-Ignition Engines, and million gallons per year once the SUPPLEMENTARY INFORMATION below.
Recreational Engines (Marine and program is fully phased in. Health and
Land-Based) environmental benefits from the FOR FURTHER INFORMATION CONTACT: U.S.
controls included in today’s rule are EPA, Office of Transportation and Air
AGENCY: Environmental Protection Quality, Assessment and Standards
estimated to be approximately $8 billion
Agency (EPA). Division hotline, (734) 214–4636,
per year once the controls are fully
ACTION: Final rule. phased in. There are also several asdinfo@epa.gov; Alan Staut, (734) 214–
provisions to address the unique 4805.
SUMMARY: In this action, we are adopting
limitations of small-volume SUPPLEMENTARY INFORMATION:
emission standards for several groups of
manufacturers.
nonroad engines that have not been Regulated Entities
subject to EPA emission standards. DATES: This final rule is effective
These engines are large spark-ignition January 7, 2003. This action will affect companies that
engines such as those used in forklifts The incorporation by reference of manufacture or introduce into
and airport ground-service equipment; certain publications listed in this commerce any of the engines or vehicles
recreational vehicles using spark- regulation is approved by the Director of subject to emission standards. These
ignition engines such as off-highway the Federal Register as of January 7, include: spark-ignition industrial
motorcycles, all-terrain vehicles, and 2003. engines such as those used in forklifts
snowmobiles; and recreational marine ADDRESSES: Materials relevant to this and compressors; recreational vehicles
diesel engines. Nationwide, these rulemaking are contained in Public such as off-highway motorcycles, all-
engines and vehicles cause or contribute Docket Numbers A–98–01 and A–2000– terrain vehicles, and snowmobiles; and
to ozone, carbon-monoxide, and 01 at the following address: EPA Docket recreational marine diesel engines. This
particulate-matter nonattainment, as Center (EPA/DC), Public Reading Room, action will also affect companies buying
well as other types of pollution Room B102, EPA West Building, 1301 engines for installation in nonroad
impacting human health and welfare. Constitution Avenue, NW., Washington equipment. There are also requirements
We expect that manufacturers will be DC. The EPA Docket Center Public that apply to those who rebuild any of
able to maintain or even improve the Reading Room is open from 8:30 a.m. to the affected nonroad engines. Regulated
performance of their products when 4:30 p.m., Monday through Friday, categories and entities include:
NAICS
Category SIC Codes b Examples of potentially regulated entities
Codes a
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 available electronically from the EPA 2. http://www.epa.gov/otaq/ (look in
exhaustive, but rather provides a guide Internet web site. This service is free of What’s New or under the specific
regarding entities likely to be regulated charge, except for any cost incurred for rulemaking topic)
by this action. To determine whether internet connectivity. The electronic Please note that due to differences
this action regulates particular version of this final rule is made between the software used to develop
activities, you should carefully examine available on the day of publication on the documents and the software into
the regulations. You may direct the primary web site listed below. The which the document may be
questions regarding the applicability of EPA Office of Transportation and Air downloaded, format changes may occur.
this action to the person listed in FOR Quality also publishes Federal Register Table of Contents
FURTHER INFORMATION CONTACT. notices and related documents on the I. Introduction
Obtaining Electronic Copies of the secondary web site listed below. A. Overview
Regulatory Documents 1. http://www.epa.gov/docs/fedrgstr/ B. How Is This Document Organized?
EPA-AIR/ (either select desired date C. What Categories of Vehicles and Engines
The preamble, regulatory language, Are Covered in This Final Rule?
Final Regulatory Support Document, or use Search feature) D. What Requirements Are We Adopting?
and other rule documents are also E. Why Is EPA Taking This Action?
Federal Register / Vol. 67, No. 217 / Friday, November 8, 2002 / Rules and Regulations 68243
II. Nonroad: General Provisions G. Executive Order 13045: Protection of contribute significantly to ozone and CO
A. Scope of Application Children From Environmental Health concentrations in more than one
B. Emission Standards and Testing and Safety Risks
nonattainment area (59 FR 31306, June
C. Demonstrating Compliance H. Executive Order 13211: Actions That
D. Other Concepts Significantly Affect Energy Supply, 17, 1994). Given this determination,
III. Recreational Vehicles and Engines Distribution, or Use section 213(a)(3) of the Act requires us
A. Overview I. National Technology Transfer and to establish (and from time to time
B. Engines Covered by This Rule Advancement Act revise) emission standards for those
C. Emission Standards J. Congressional Review Act classes or categories of new nonroad
D. Testing Requirements K. Plain Language
engines, vehicles, and equipment that in
E. Special Compliance Provisions
F. Technological Feasibility of the I. Introduction our judgment cause or contribute to
Standards A. Overview such air pollution. We have determined
IV. Permeation Emission Control that the engines covered by this final
A. Overview Emissions from the engines regulated rule cause or contribute to such air
B. Vehicles Covered by This Provision in this rule contribute to serious air- pollution (see the final finding for
C. Permeation Emission Standards pollution problems, and will continue
recreational vehicles and nonroad
D. Testing Requirements to do so in the future absent regulation.
E. Special Compliance Provisions spark-ignition engines over 19 kW
These air pollution problems include
F. Technological Feasibility exposure to carbon monoxide (CO), published on December 7, 2000 (65 FR
V. Large Spark-ignition (SI) Engines ground-level ozone, and particulate 76790), the final rule for marine diesel
A. Overview engines published on December 29,
matter (PM), which can cause serious
B. Large SI Engines Covered by This Rule 1999 (64 FR 73301)2, Section II of the
C. Emission Standards health problems, including premature
mortality and respiratory problems. Fine preamble to the proposed rule (66 FR
D. Testing Requirements and Supplemental
Emission Standards PM has also been associated with 51098, October 5, 2001), this preamble,
E. Special Compliance Provisions cardiovascular problems, such as heart and the Final Regulatory Support
F. Technological Feasibility of the rate variability and changes in Document).
Standards fibrinogen (a blood clotting factor) Where we determine that other
VI. Recreational Marine Diesel Engines levels, and hospital admissions and
A. Overview
emissions from new nonroad engines,
mortality related to cardiovascular vehicles, or equipment significantly
B. Engines Covered by This Rule diseases. These emissions also
C. Emission Standards for Recreational contribute to air pollution that may
contribute to other serious
Marine Diesel Engines reasonably be anticipated to endanger
D. Testing Equipment and Procedures environmental problems, including
public health or welfare, section
E. Special Compliance Provisions visibility impairment and ecosystem
damage. In addition, many of the 213(a)(4) of the Act authorizes EPA to
F. Technical Amendments
hydrocarbon (HC) pollutants emitted by establish (and from time to time revise)
G. Technological Feasibility
VII. General Nonroad Compliance Provisions these engines are air toxics. emission standards from those classes or
A. Miscellaneous Provisions (Part 1068, This rule addresses these air-pollution categories of new nonroad engines,
Subpart A) concerns by adopting national emission vehicles, and equipment that cause or
B. Prohibited Acts and Related standards for several types of nonroad contribute to such air pollution.
Requirements (Part 1068, Subpart B) engines and vehicles that are currently Pursuant to section 213(a)(4) of the Act,
C. Exemptions (Part 1068, Subpart C) unregulated. These include large spark- we are finalizing a finding that
D. Imports (Part 1068, Subpart D)
ignition engines used in industrial and emissions from new nonroad engines,
E. Selective Enforcement Audit (Part 1068,
Subpart E) commercial applications such as those including construction equipment, farm
F. Defect Reporting and Recall (Part 1068, used in forklifts and airport equipment; tractors, boats, locomotives, marine
Subpart F) recreational spark-ignition vehicles such engines, nonroad spark-ignition engines
G. Hearings (Part 1068, Subpart G) as off-highway motorcycles, all-terrain over 19 kW, recreational vehicles
VIII. General Test Procedures vehicles, and snowmobiles; and (including off-highway motorcycles, all-
A. General Provisions recreational marine diesel engines.1 terrain-vehicles, and snowmobiles),
B. Laboratory Testing Equipment These new standards are a continuation
C. Laboratory Testing Procedures significantly contribute to regional haze
of the process of establishing emission and visibility impairment in federal
D. Other Testing Procedures
standards for nonroad engines and Class I areas and where people live,
IX. Projected Impacts
A. Environmental Impact vehicles, under Clean Air Act section work and recreate. These engines,
B. Cost Estimates 213(a). particularly recreational vehicles such
C. Cost Per Ton of Emissions Reduced We conducted a study of emissions
as snowmobiles, are significant emitters
D. Economic Impact Analysis from nonroad engines, vehicles, and
equipment in 1991, as directed by the of pollutants that are known to impair
E. Do the Benefits Outweigh the Costs of
the Standards? Clean Air Act, section 213(a) (42 U.S.C. visibility in federal Class I areas (see
X. Public Participation 7547(a)). Based on the results of that Section I.E of this preamble and the
XI. Statutory and Executive Order Reviews study, we determined that emissions of Final Regulatory Support Document).
A. Executive Order 12866: Regulatory oxides of nitrogen (NOX), volatile We have also determined that engines
Planning and Review covered by this final rule, particularly
organic compounds, and CO from
B. Paperwork Reduction Act recreational vehicles including
C. Regulatory Flexibility Act (RFA), as nonroad engines and equipment
snowmobiles, contribute to such
Amended by the Small Business
Regulatory Enforcement Fairness Act of 1 Diesel-cycle engines, referred to simply as pollution. Thus, we are finalizing HC
1996 (SBREFA), 5 U.S.C. 601 et seq. ‘‘diesel engines’’ in this document, may also be standards for snowmobiles to reduce
referred to as compression-ignition (or CI) engines. PM-related visibility impairment.
D. Unfunded Mandates Reform Act These engines typically operate on diesel fuel, but
E. Executive Order 13132: Federalism other fuels may also be used. Otto-cycle engines
F. Executive Order 13175: Consultation (referred to here as spark-ignition or SI engines) 2 This rule also found that PM emissions from
and Coordination With Indian Tribal typically operate on gasoline, liquefied petroleum marine diesel engines contribute to PM
Governments gas, or natural gas. nonattainment.
B. How Is This Document Organized? marine engines, but does not include emissions based on a mixture of
This final rule covers engines and propulsion marine engines or engines technologies ranging from clean
vehicles that vary in design and use, used in recreational vehicles. For carburetion and engine modifications to
and many readers may be interested in purposes of this rule, we refer to this direct fuel injection two-stroke
only one or two of the applications. We category as ‘‘Large SI engines.’’ technology and some conversion to
• Recreational marine diesel engines. four-stroke engines, and second and
have grouped engines by common This final rule covers new engines
application (for example, recreational third phases of emission standards for
that are used in the United States, snowmobiles that will involve
land-based engines, marine diesel whether they are made domestically or significant use of direct fuel injection
recreational engines, large spark- imported.3 A more detailed discussion two-stroke technology and conversion to
ignition engines used in commercial of the meaning of the terms ‘‘new’’ and four-stroke engines. For off highway
applications). This document is ‘‘imported’’ that help define the scope of motorcycles and all-terrain vehicles, we
organized in a way that allows each application of this rule is in Section II are adopting standards based mainly on
reader to focus on the applications of of this preamble. moving these engines from two-stroke to
particular interest.
D. What Requirements Are We four-stroke technology with the use of
Section II describes general provisions
Adopting? some secondary air injection. We are
that are relevant to all of the nonroad
also adopting requirements to address
engines covered by this rulemaking. The fundamental requirement for permeation emissions from all three
Section III through VI present nonroad engines and vehicles is meeting types of recreational vehicles.
information specific to each of the EPA’s emission standards. Section The emission standards for
affected nonroad applications, including 213(a)(3) of the Act requires that recreational marine diesel engines are
standards, effective dates, testing standards to control emissions related to comparable to those already established
information, and other specific ozone or CO achieve the greatest degree for commercial marine diesel engines.
requirements. of emission reduction achievable Manufacturers generally have additional
Sections VII and VIII describe a wide through the application of technology time to meet emission standards for the
range of compliance and testing that will be available, giving appropriate recreational models and several specific
provisions that apply generally to consideration to cost, noise, energy, and rulemaking provisions are tailored to
engines and vehicles from all the safety factors. Section 213 (a)(4) of the the unique characteristics of these
nonroad engine and vehicle categories Act requires that standards for engines.
included in this rulemaking. Several of emissions related to other air pollution We are also adopting more stringent
these provisions apply not only to problems be appropriate and take into voluntary Blue Sky Series emission
manufacturers, but also to equipment account costs, noise, safety, and energy standards for recreational marine diesel
manufacturers installing certified impacts of applying technology that will engines and Large SI engines. Blue Sky
engines, remanufacturing facilities, be available. Other requirements such as Series emission standards are more
operators, and others. Therefore, all applying for certification, labeling stringent than the mandatory emission
affected parties should read the engines, and meeting warranty standards and are intended to encourage
information contained in these sections. requirements define a process for the introduction and more widespread
Section IX summarizes the projected implementing the program in an use of low-emission technologies.
impacts and a discussion of the benefits effective way. Manufacturers may be motivated to
of this rule. Finally, Sections X and XI With regard to Large SI engines, we exceed emission requirements either to
contain information about public are adopting a two-phase program. The gain early experience with certain
participation and various administrative first phase of the standards go into effect technologies or as a response to market
requirements. in 2004 and are the same as those demand or local government programs.
The remainder of this section adopted in October 1998 by the For recreational vehicles, we are not
summarizes the new requirements and California Air Resources Board for 2004. adopting voluntary standards but rather
the air quality need for the rulemaking. These standards will reduce combined providing consumers with consumer
HC and NOX emissions by nearly 75 labeling, which will provide
C. What Categories of Vehicles and
percent, based on emission information and opportunity to buy
Engines Are Covered in This Final Rule?
measurements during steady-state lower-emissions models.
This final rule establishes regulatory operation. In 2007, we supplement these We have also conducted extensive
programs for new nonroad vehicles and standards by setting limits that will analysis on the costs and benefits of this
engines not yet subject to EPA emission require optimizing the same rulemaking effort, with specific details
standards, including the following technologies and will base emission found in Section IX below and in the
engines: measurements on a transient test cycle. Final Regulatory Support Document. In
• Land-based spark-ignition New requirements for evaporative summary, we estimate that annually, the
recreational engines, including those emissions and engine diagnostics also cost to manufacturers is approximately
used in snowmobiles, off-highway start in 2007. $210 million, the social gain is
motorcycles, and all-terrain vehicles. For recreational vehicles, we are approximately $550 million, and the
For the purpose of this rule, we are adopting separate emission standards quantified benefits are approximately $8
calling this group of engines for snowmobiles, off-highway billion. Social gain is defined as the
‘‘recreational vehicles,’’ even though all- motorcycles, and all-terrain vehicles. economic cost of the rule minus the
terrain vehicles can be used for For snowmobiles, we are adopting a first estimated fuels savings. Quantified
commercial purposes. phase of standards for HC and CO benefits reflect the health benefits
• Land-based spark-ignition engines primarily associated with particulate
rated over 19 kW, including engines 3 For this final rule, we consider the United States
matter controls.
used in forklifts, generators, airport to include the States, the District of Columbia, the
baggage tow trucks, and various farm, Commonwealth of Puerto Rico, the Commonwealth E. Why Is EPA Taking This Action?
of the Northern Mariana Islands, Guam, American
construction, and industrial equipment. Samoa, the U.S. Virgin Islands, and the Trust There are important public health and
This category also includes auxiliary Territory of the Pacific Islands. welfare reasons supporting the new
emission standards. As described below reductions will reduce ambient can increase susceptibility to respiratory
and in the Final Regulatory Support concentrations of CO, ozone, and PM infection and lung inflammation. It can
Document, these engines contribute to fine; fine particles are a public health aggravate preexisting respiratory
air pollution that causes public health concern and contributes to visibility diseases, such as asthma. Prolonged (6
and welfare problems. impairment. The standards will also to 8 hours), repeated exposure to ozone
Nationwide, these engines and reduce exposure for people who operate can cause inflammation of the lung,
vehicles are a significant source of or who work with or are otherwise in impairment of lung defense
mobile source air pollution. As close proximity to these engines and mechanisms, and possibly irreversible
described below, of all mobile source vehicles. changes in lung structure, which over
emissions in 2000 they accounted for We believe technology can be applied time could lead to premature aging of
about 9 percent of HC emissions, 4 to these engines that will reduce the lungs and/or chronic respiratory
percent of CO emissions, 3 percent of emissions of these harmful pollutants. illnesses such as emphysema and
NOX emissions, and 2 percent of direct Manufacturers can reduce two-stroke chronic bronchitis. Children, the
PM emissions. The emissions from engine emissions by improving fuel elderly, asthmatics and outdoor workers
Large SI engines contributed 2 to 3 management and calibration. This can are most at risk from ozone exposure.
percent of the HC, NOX, and CO be achieved by making improvements to Evidence also exists of a possible
emissions from mobile sources in 2000. carbureted fuel systems and/or relationship between daily increases in
Recreational vehicles by themselves converting to electronic and direct fuel ozone levels and increases in daily
account for about 6 percent of national injection. In addition, many of the mortality levels. In addition to human
mobile source HC emissions and about existing two-stroke engines in these health effects, ozone adversely affects
2 percent of national mobile source CO categories can be converted to four- crop yield, vegetation and forest growth,
emissions. By reducing these emissions, stroke technology. Finally, there are and the durability of materials.
the standards will aid states facing modifications that can be made to four- PM, like ozone, has been linked to a
ozone and CO air quality problems, stroke engines, often short of requiring range of serious respiratory health
which can cause a range of adverse catalysts, that can reduce emissions problems.5 The key health effects
health effects, especially in terms of even further. associated with ambient particulate
respiratory disease and related illnesses. matter include premature mortality,
The engine categories subject to this 1. Health and Welfare Effects aggravation of respiratory and
rule contribute to regional haze and Exposure to CO, ground-level ozone, cardiovascular disease (as indicated by
visibility impairment in Class I areas and PM can cause serious respiratory increased hospital admissions and
and near where people live, work and problems, including premature emergency room visits, school absences,
recreate. Within national parks, mortality and respiratory problems. Fine work loss days, and restricted activity
emissions from snowmobiles in PM has also been associated with days), aggravated asthma, acute
particular contribute to ambient cardiovascular problems, such as heart respiratory symptoms, including
concentrations of fine PM, a leading rate variability and fibrinogen (a blood aggravated coughing and difficult or
cause of visibility impairment. States clotting factor) levels, and hospital painful breathing, chronic bronchitis,
are required to develop plans to address admissions and mortality related to and decreased lung function that can be
visibility impairment in national parks, cardiovascular diseases. These experienced as shortness of breath.
and the reductions required in this rule emissions also contribute to other Observable human non-cancer health
would assist states in those efforts. serious environmental problems, effects associated with exposure to
The standards will also help reduce including visibility impairment and diesel PM include some of the same
acute exposure to CO and air toxics for ecosystem damage. In addition, some of health effects reported for ambient PM
forklift operators, equipment users or the HC pollutants emitted by these such as respiratory symptoms (cough,
riders, national and state park engines are air toxics. (The health and labored breathing, chest tightness,
attendants, and other people who may welfare effects are described in more wheezing), and chronic respiratory
be at particular risk because they detail in the Final Regulatory Support disease (cough, phlegm, chronic
operate or work or are otherwise in Document.) bronchitis and suggestive evidence for
close proximity to this equipment due CO enters the bloodstream through decreases in pulmonary function).
to their occupation or as riders. the lungs and reduces the delivery of Symptoms of immunological effects
Emissions from these vehicles and oxygen to the body’s organs and tissues. such as wheezing and increased
equipment can be very high on a per- The health threat from CO is most allergenicity are also seen.
engine basis. In addition, the equipment serious for those who suffer from PM also causes adverse impacts to the
using these engines (especially forklifts) cardiovascular disease, particularly environment. Fine PM is the major
is often operated in enclosed areas. those with angina or peripheral vascular cause of reduced visibility in parts of
Similarly, exposure to CO and air toxics disease. Healthy individuals also are the United States, including many of
can be intensified for snowmobile riders affected, but only at higher CO levels. our national parks and in places where
who follow a group of other riders along Exposure to elevated CO levels is people live and work. Visibility effects
a trail, since those riders are exposed to are manifest in two principal ways: (1)
associated with impairment of visual
the emissions of all the other as local impairment (for example,
perception, work capacity, manual
snowmobiles riding ahead.
dexterity, learning ability and
When the emission standards are fully Paper. EPA–452/R–96–007. June 1996. A copy of
performance of complex tasks. this document can be found in Docket A–99–06,
implemented in 2030, we expect a 75-
Exposures to ozone has been linked to Document II–A–22.
percent reduction in HC emissions, 82-
increased hospital admissions and 5 U.S. EPA Review of the National Ambient Air
percent reduction in NOX emissions, Quality Standards for Particulate Matter: Policy
emergency room visits for respiratory
and 61-percent reduction in CO Assessment of Scientific and Technical Information
problems.4 Repeated exposure to ozone OAQPS Staff Paper. EPA–452/R–96–013. 1996.
emissions, and a 60-percent reduction
Docket Number A–99–06, Documents Nos. II–A–18,
in direct PM emissions from these 4 U.S. EPA Review of the National Ambient Air 19, 20, and 23. The particulate matter air quality
engines, equipment, and vehicles (see Quality Standards for Ozone: Policy Assessment of criteria documents are also available at http://
Section IX below). These emission Scientific and Technical Information OAQPS Staff www.epa.gov/ncea/partmatt.htm.
localized hazes and plumes) and (2) as Baseline emission inventory estimates expected to increase over time if left
regional haze. The emissions from for the year 2000 for the categories of uncontrolled. The projections for 2020
engines covered by this rule can engines and vehicles covered by this and 2030 are summarized in Tables I.E–
contribute to both types of visibility rule are summarized in Table I.E–1. 2 and I.E–3, respectively. The
impairment. This table shows the relative projections for 2020 and 2030 indicate
The engines covered by this rule also contributions of the different mobile that the categories of engines and
emit air toxics that are known or source categories to the overall national vehicles covered by this rule are
suspected human or animal mobile source inventory. Of the total expected to contribute approximately 25
carcinogens, or have serious non-cancer emissions from mobile sources, the percent, 10 percent, 5 percent, and 5
health effects. These include benzene, categories of engines and vehicles percent of mobile source HC, NOX, CO,
1,3-butadiene, formaldehyde, covered by this rule contribute about 9 and PM emissions, respectively, if left
acetaldehyde, and acrolein. percent, 3 percent, 4 percent, and 2 uncontrolled. Engine population growth
2. What Is the Inventory Contribution percent of HC, NOX, CO, and PM and the effects of other regulatory
From the Nonroad Engines and Vehicles emissions, respectively, in the year control programs are factored into these
That Would Be Subject to This Rule? 2000. The results for Large SI engines projections. The relative importance of
indicate they contribute approximately uncontrolled nonroad engines in 2020
The contribution of emissions from
2 to 3 percent to HC, NOX, and CO and 2030 is higher than the projections
the nonroad engines and vehicles that
emissions from mobile sources. The for 2000 because there are already
will be subject to this final rule to the
results for land-based recreational emission-control programs in place for
national inventories of pollutants is
engines reflect the impact of the the other categories of mobile sources
considerable. To estimate nonroad
engine and vehicle emission significantly different emissions which are expected to reduce their
contributions, we used the latest version characteristics of two-stroke engines. emission levels. The effectiveness of all
of our NONROAD emissions model, These engines are estimated to control programs is offset by the
updated with information received contribute about 6 percent of HC anticipated growth in engine
during the public comment period. This emissions and 2 percent of CO from populations.
model computes nationwide, state, and mobile sources. Recreational marine Regarding PM specifically, this
county emission levels for a wide diesel engines contribute less than 1 information and information in Section
variety of nonroad engines, and uses percent to NOX mobile source I.3(ii) below show that the engines being
information on emission rates, operating inventories. When only nonroad regulated in this rule, snowmobiles and
data, and population to determine emissions are considered, the engines other recreational vehicles in particular,
annual emission levels of various and vehicles that will be subject to the contribute to PM concentrations that
pollutants. A more detailed description standards account for a larger share. may reasonably be anticipated to
of the model and our estimation Our draft emission projections for endanger public health and welfare both
methodology can be found in the 2020 and 2030 for the nonroad engines because of the health effects associated
Chapter 6 of the Final Regulatory and vehicles subject to this rule show with PM and because of the effects on
Support Document. that emissions from these categories are visibility discussed below.
TABLE I.E–1.—MODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2000
[Thousand short tons]
NOX HC CO PM
Category Percent Percent Percent Percent

1000 tons of mobile 1000 tons of mobile 1000 tons of mobile 1000 tons of mobile
source source source 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 ................ 23
TABLE I.E–2.—MODELED ANNUAL BASELINE EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2020
[thousand short tons]
NOX HC CO PM

Total for engines subject to this final rule* ...... 547 8.8 1,305 24.1 4,866 5.6 34.1 5.2
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
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 Man-Made Sources ................................ 16,190 ................ 15,475 ................ 109,905 ................ 3,039 ................

Sources ........................................................ 38 ................ 35 ................ 79 ................ 22 ................
TABLE I.E–3.—MODELED ANNUAL EMISSION LEVELS FOR MOBILE SOURCE CATEGORIES IN 2030
NOX HC CO PM

Total for engines subject to this final rule* ...... 640 10.0 1,411 23.5 5,363 5.4 36.5 4.8
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
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 Man-Made Sources ................................ 16,639 — 17,020 — 123,983 — 3,319 —

Sources ........................................................ 39 — 35 — 80 — 23 —
3. Why are Controls to Protect against nonattainment areas because of lack of ISMA commented that it agreed with
CO Nonattainment and to Protect snow (although they may be stored in EPA that there is a snowmobile trail
Visibility Needed From the Nonroad those areas). The commenters also within the Spokane, WA, CO
Engines and Vehicles That Would Be contended that northern areas have nonattainment area, although they noted
Subject to This Rule? experienced improved CO air quality. that snowmobile operation alone would
i. Why are We Controlling CO Many areas are making progress in not result in CO nonattainment.
Emissions from Nonroad Engines and improving their air quality. However, an However, emissions from regulated
Vehicles that Would be Subject to this area cannot be redesignated to categories need only contribute to, not
Rule? attainment until it can show EPA that it themselves cause, nonattainment.
Engines subject to this rule has had air quality levels within the Concentrations of NAAQS-related
contributed about 3.8 percent of CO level required for attainment and that it pollutants are by definition a result of
from mobile sources in 2000. Over 22.4 has a plan in place to maintain such multiple sources of pollution.
million people currently live in the 13 levels. Until areas have been Several states that contain CO
nonattainment areas for the CO National redesignated, they remain nonattainment areas also have large
Ambient Air Quality Standard nonattainment areas.7 Snowmobiles populations of registered snowmobiles
(NAAQS). Industry association contribute to CO nonattainment in more and nearby snowmobile trails in
comments questioned the need for CO than one of these areas. adjoining counties, which are an
control and snowmobile contribution, in indication of where they are operated
Snowmobiles have relatively high
particular. First, the statute envisions (see Table I.E–4). EPA requested
per-engine CO emissions, and they can comment on the volume and nature of
that categories should be considered in
be a significant source of ambient CO snowmobile use in these and other CO
determining contribution because
levels in CO nonattainment areas. nonattainment areas. ISMA commented
otherwise, it would be possible to
Despite the fact that snowmobiles are on the proximity of trails to northern CO
continue to arbitrarily divide
subcategories until the contribution largely banned in CO nonattainment nonattainment areas, assuming that
from any subcategory becomes minimal areas by the state of Alaska, the state snowmobiles are operated only on trails.
while the cumulative effect of the air estimated (and a National Research A search of the available literature
pollution remains. EPA previously Council study confirmed) that indicates that snowmobiles are ridden
determined that the category of Large SI snowmobiles contributed 0.3 tons/day in areas other than trails. For example,
engines and recreational vehicles cause in 2001 to Fairbanks’ CO nonattainment a 1998 report by the Michigan
or contribute to ambient CO and ozone area or 1.2 percent of a total inventory Department of Natural Resources
in more than one nonattainment area of 23.3 tons per day in 2001.8,9 While indicates that from 1993 to 1997, of the
(65 FR 76790, December 7, 2000). EPA Fairbanks has made significant progress 146 snowmobile fatalities studied, 46
also examined recreational vehicles in reducing ambient CO concentrations, percent occurred on a state or county
separately and found that recreational existing climate conditions make roadway (another 2 percent on roadway
vehicles subject to this rule contribute achieving and maintaining attainment shoulders) and 27 percent occurred on
to CO nonattainment in areas such as challenging. Anchorage, AK, reports a private lands. Furthermore, accident
Los Angeles, Phoenix, Anchorage, and similar contribution of snowmobiles to reports in CO nonattainment area
Las Vegas (see RSD chapter 2). Thus, if their emissions inventories (0.34 tons Fairbanks, AK, demonstrate that
considered as a category, recreational per day in 2000). Furthermore, a recent snowmobiles driven on streets have
vehicles contribute to CO National Academy of Sciences report collided with motor vehicles. On certain
nonattainment.6 Moreover, when we concludes that ‘‘Fairbanks will be days there may be concentrations of
examined snowmobiles separately, they susceptible to violating the CO health snowmobiles operated in nonattainment
met the contribution criteria. standards for many years because of its areas due to public events such as
The International Snowmobile severe meteorological conditions. That snowmachine races (such as the Iron
Manufacturers Association (ISMA) point is underscored by a December Dog Gold Rush Classic, which finishes
stated in its public comments that 2001 exceedance of the standard in in Fairbanks, AK), during which
snowmobiles in particular are not Anchorage which had no violations over snowmobiles will be present and
operated in many of the CO the last 3 years.’’10 operated.
TABLE I.E–4.—SNOWMOBILE USE IN SELECTED CO NONATTAINMENT AREAS

2001 State snow-
City and state CO nonattainment classification mobile populationa
Anchorage, AK
Fairbanks, AK ........................................................................................... Serious ................................................................... b 35576
Spokane, WA ............................................................................................ Serious ................................................................... 31532

Fort Collins, CO ........................................................................................ Moderate ................................................................ 32500
Medford, OR ............................................................................................. Moderate ................................................................ 16809
6 Likewise, Large SI equipment and recreational emissions from nonroad engines can help to avoid 9 National Research Council. The Ongoing
marine diesel engines also contribute to CO in potential future air quality problems. Challenge of Managing Carbon Monoxide Pollution
nonattainment areas. 8 Draft Anchorage Carbon Monoxide Emission in Fairbanks, AK. May 2002. Docket A–2000–01,
7 There are important reasons to focus on
Inventory and Year 2000 Attainment Projections, Document No. IV–A–115.
redesignation status, as compared to just current air
Air Quality Program, May 2001, Docket Number A– 10 National Research Council. The Ongoing
quality. Areas with a few years of attainment data
can and often do have exceedances following such 2000–01, Document II–A–40; Draft Fairbanks 1995– Challenge of Managing Carbon Monoxide Pollution
years of attainment because of several factors 2001 Carbon Monoxide Emissions Inventory, June in Fairbanks, AK. May 2002. Docket A–2000–01,
including different climatic events during the later 1, 2001, Docket Number A–2000–01, Document II– Document IV–A–115.
years, increases in inventories, etc. Control of A–39.
TABLE I.E–4.—SNOWMOBILE USE IN SELECTED CO NONATTAINMENT AREAS—Continued

2001 State snow-
City and state CO nonattainment classification mobile 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 Visibility can be defined as the degree limiting the distance that one can see,
standard were recorded in three of to which the atmosphere is transparent the scattering and absorption of light
seven CO nonattainment areas located to visible light.13 Visibility degradation caused by air pollution can also degrade
in the northern portion of the country is an easily noticeable effect of fine PM the color, clarity, and contrast of scenes.
over the five year period from 1994 to present in the atmosphere, and fine PM Visibility effects are manifest in two
1999: Fairbanks, AK; Medford, OR; and is the major cause of reduced visibility main ways: as local impairment (for
Spokane, WA.11 Given the variability in in parts of the United States, including example, localized hazes and plumes)
CO ambient concentrations due to many of our national parks and in and as regional haze. In addition,
weather patterns such as inversions, the places across the country where people visibility impairment has a time
absence of recent exceedances for some live, work, and recreate. Fine particles dimension in that it might relate to a
of these nonattainment areas should not with significant light-extinction short-term excursion or to longer
be viewed as eliminating the need for efficiencies include organic matter, periods (for example, worst 20 percent
further reductions to consistently attain sulfates, nitrates, elemental carbon of days or annual average levels).
and maintain the standard. A review of (soot), and soil. Local-scale visibility degradation is
CO monitor data in Fairbanks from 1986 Visibility is an important effect commonly seen as a plume resulting
to 1995 shows that while median because it has direct significance to from the emissions of a specific source
concentrations have declined steadily, people’s enjoyment of daily activities in or small group of sources, or it is in the
unusual combinations of weather and all parts of the country. Individuals form of a localized haze such as an
emissions have resulted in elevated value good visibility for the well-being urban ‘‘brown cloud.’’ Plumes are
ambient CO concentrations well above it provides them directly, both in where comprised of smoke, dust, or colored
the 8-hour standard of 9 ppm. they live and work, and in places where gas that obscure the sky or horizon
Specifically, a Fairbanks monitor they enjoy recreational opportunities. relatively near sources. Impairment
recorded average 8-hour ambient Visibility is highly valued in significant caused by a specific source or small
concentrations at 16 ppm in 1988, natural areas such as national parks and group of sources has been generally
around 9 ppm from 1990 to 1992, and wilderness areas, because of the special termed as ‘‘reasonably attributable.’’
then a steady increase in CO ambient emphasis given to protecting these lands The second type of impairment,
concentrations at 12, 14 and 16 ppm now and for future generations. regional haze, results from pollutant
during some extreme cases in 1993, To quantify changes in visibility, we
emissions from a multitude of sources
1994 and 1995, respectively.12 compute a light-extinction coefficient,
located across a broad geographic
which shows the total fraction of light
In addition, there are 6 areas that have region. It impairs visibility in every
that is decreased per unit distance.
not been classified as nonattainment direction over a large area, in some
Visibility can be described in terms of
where air quality monitoring indicated cases over multi-state regions. Regional
PM concentrations, visual range, light
a need for CO control. For example, CO haze masks objects on the horizon and
extinction or deciview.14 In addition to
monitors in northern locations such as reduces the contrast of nearby objects.
Des Moines, IA, and Weirton, WV/ 13 National Research Council, 1993. Protecting
The formation, extent, and intensity of
Steubenville, OH, registered levels Visibility in National Parks and Wilderness Areas. regional haze is a function of
above the level of the CO standards in National Academy of Sciences Committee on Haze meteorological and chemical processes,
1998. in National Parks and Wilderness Areas. National which sometimes cause fine particulate
Academy Press, Washington, DC. This document is
ii. Why are Controls Needed From the available on the internet at http://www.nap.edu/
loadings to remain suspended in the
Nonroad Engines and Vehicles That books/0309048443/html/. See also U.S. EPA Air atmosphere for several days and to be
Would Be Subject to this Rule to Protect Quality Criteria Document for Particulate Matter transported hundreds of kilometers from
Visibility? (1996) and Review of the National Ambient Air their sources.
Quality Standards for Particulate Matter: Policy
(1) Visibility is Impaired by Fine PM Assessment of Scientific and Technical On an annual average basis, the
and Precursor Emissions From Nonroad Information. These documents can be found in concentrations of non-anthropogenic
Engines and Vehicles That Would Be Docket A–99–06, Documents No. II–A–23 and IV– fine PM are generally small when
Subject to This Rule. A–130–32. compared with concentrations of fine
14 Visual range can be defined as the maximum
distance at which one can identify a black object

particles from anthropogenic sources.
11 Technical Memorandum to Docket A–2000–01
against the horizon sky. It is typically described in Anthropogenic contributions account
from Drew Kodjak, Attorney-Advisor, Office of miles or kilometers. Light extinction is the sum of for about one-third of the average
Transportation and Air Quality, ‘‘Air Quality light scattering and absorption by particles and extinction coefficient in the rural West
Information for Selected CO Nonattainment Areas,’’ gases in the atmosphere. It is typically expressed in
July 27, 2001, Docket Number A–2000–01, terms of inverse megameters (Mm-1), with larger
and more than 80 percent in the rural
Document Number II–B–18. values representing worse visibility. The deciview East. Because of significant differences
12 Air Quality Criteria for Carbon Monoxide, U.S. metric describes perceived visual changes in a related to visibility conditions in the
EPA, EPA 600/P–99/001F, June 2000, at 3–38, linear fashion over its entire range, analogous to the eastern and western U.S., we present
Figure 3–32 (Federal Bldg, AIRS Site 020900002). decibel scale for sound. A deciview of 0 represents
Air Docket A–2000–01, Document Number II–A–29. pristine conditions. Under many scenic conditions,
information about visibility by region.
This document is also available at http:// a change of 1 deciview is considered perceptible by Furthermore, it is important to note that
www.epa.gov/ncea/coabstract.htm. the average person. even in those areas with relatively low
concentrations of anthropogenic fine visibility if the PM2.5 annual standard Thus, these populations (plus those who
particles, such as the Colorado plateau, were attained. For example, in travel to those areas) could be
small increases in anthropogenic fine Washington, DC, where the IMPROVE experiencing visibility impairment that
particle concentrations can lead to monitoring network shows annual mean is unacceptable, and emissions of PM
significant decreases in visual range. PM2.5 concentrations at about 19 µg/m3 and its precursors from engines in these
This is one of the reasons Class I areas during the period of 1992 to 1995, categories contribute to this
have been given special consideration approximate annual average visibility unacceptable impairment.16
under the Clean Air Act. would be expected to improve from 21 Because the chemical composition of
Nonroad engines that are subject to km (29 deciview) to 27 km (27 the PM affects visibility impairment, we
this final rule contribute to ambient fine deciview), a change of 2 deciviews. The used EPA’s Regulatory Model System
PM levels in two ways. First, they PM2.5 annual average in Washington, for Aerosols and Deposition
contribute through direct emissions of DC, was 18.9 µg/m3 in 2000. (REMSAD)17 model to project visibility
fine PM. As shown in Table I.E–1, these The updated monitored data and air conditions in 2030 accounting for the
engines emitted 14,600 tons of PM (over quality modeling presented in the RSD chemical composition of the particles
2 percent of all mobile source PM) in confirm that the visibility situation and to estimate visibility impairment
2000. Second, these engines contribute identified during the NAAQS review in directly as changes in deciview. Our
to indirect formation of PM through 1997 is still likely to exist. Thus, the projections included anticipated
their emissions of gaseous precursors determination in the NAAQS emissions from the engines subject to
which are then transformed in the rulemaking about broad visibility this rule, and although our emission
atmosphere into particles. For example, impairment and related benefits from predictions reflected our best estimates
these engines emitted over 8 percent of NAAQS compliance are still relevant. of emissions projections at the time the
the HC tons from mobile sources. Levels above the fine PM NAAQS cause modeling was conducted, we now have
Furthermore, recreational vehicles, such adverse welfare impacts, such as new estimates, as discussed in the RSD
as snowmobiles and all-terrain vehicles visibility impairment (both regional and Chapter 1. Based on public comment for
emit high levels of organic carbon (as localized impairment). this rule and new information, we have
HC) on a per-engine basis. Some organic Furthermore, in setting the PM revised our emissions estimates in some
emissions are transformed into particles NAAQS, EPA acknowledged that levels categories downwards and other
in the atmosphere and other volatile of fine particles below the NAAQS may categories upwards; however, on net, we
organics can condense if emitted in cold also contribute to unacceptable believe the modeling underestimates the
temperatures, as is the case for visibility impairment and regional haze PM air quality levels that would have
emissions from snowmobiles, for problems in some areas, and Clean Air been predicted if new inventories were
example. Organic carbon accounts for Act Section 169 provides additional used.
between 27 and 36 percent of ambient authorities to remedy existing The most reliable information about
fine particle mass depending on the area impairment and prevent future the future visibility levels would be in
of the country. impairment in the 156 national parks, areas for which monitoring data are
forests and wilderness areas labeled as available to evaluate model performance
(A) Visibility Impairment Where People Class I areas. for a base year (e.g., 1996). Accordingly,
Live, Work and Recreate In making determinations about the we predicted that in 2030, 49 percent of
The secondary PM NAAQS is level of protection afforded by the the population will be living in areas
designed to protect against adverse secondary PM NAAQS, EPA considered where fine PM levels are above 15 µg/
welfare effects such as visibility how the Section 169 regional haze m3 and monitors are available.18 This
impairment. In 1997, the secondary PM program and the secondary NAAQS can be compared with the 1996 level of
NAAQS was set as equal to the primary would function together. Regional 37 percent of the population living in
(health-based) PM NAAQS (62 Federal strategies are expected to improve areas where fine PM levels are above 15
Register No. 138, July 18, 1997). EPA visibility in many urban and non-Class µg/m3 and monitors are available. Thus,
concluded that PM can and does I areas as well. The following a substantial percent of the population
produce adverse effects on visibility in recommendation for the National would experience unacceptable
various locations, depending on PM Research Council, Protecting Visibility visibility impairment in areas where
concentrations and factors such as in National Parks and Wilderness Areas they live, work and recreate.
chemical composition and average (1993), addresses this point: As shown in Table I.E–5, in 2030, we
relative humidity. In 1997, EPA Efforts to improve visibility in Class I expect visibility in the East to be about
demonstrated that visibility impairment areas also would benefit visibility
is an important effect on public welfare outside these areas. Because most 16 These populations would obviously also be
and that visibility impairment is visibility impairment is regional in exposed to PM concentrations associated with the
adverse health impacts related to PM2.5.
experienced throughout the U.S., in scale, the same haze that degrades 17 Additional information about the Regulatory
multi-state regions, urban areas, and visibility within or looking out from a Model System for Aerosols and Deposition
remote Federal Class I areas. national park also degrade visibility (REMSAD) and our modeling protocols can be
In many cities having annual mean outside it. found in our Regulatory Impact Analysis: Heavy-
PM2.5 concentrations exceeding 17 µg/ The 1999–2000 PM2.5 monitored Duty Engine and Vehicle Standards and Highway
Diesel Fuel Sulfur Control Requirements, document
m3, improvements in annual average values, which cover about a third of the EPA420–R–00–026, December 2000. Docket No. A–
visibility resulting from the attainment nation’s counties, indicate that at least 2000–01, Document No. A–II–13. This document is
of the annual PM2.5 standard are 82 million people live in areas where also available at http://www.epa.gov/otaq/
long-term ambient fine particulate disel.htm#documents.
expected to be perceptible to the general 18 Technical Memorandum, EPA Air Docket A–
population (e.g., to exceed 1 deciview). matter levels are at or above 15 µg/m3.15 99–06, Eric O. Ginsburg, Senior Program Advisor,
Based on annual mean monitored PM2.5 Emissions Monitoring and Analysis Division,
15 Memorandum to Docket A–99–06 from Eric O. OAQPS, Summary of Absolute Modeled and Model-
data, many cities in the Northeast,
Ginsburg, Senior Program Advisor, ‘‘Summary of Adjusted Estimates of Fine Particulate Matter for
Midwest, and Southeast as well as Los 1999 Ambient Concentrations of Fine Particulate Selected Years, December 6, 2000, Table P–2.
Angeles would be expected to Matter,’’ November 15, 2000. Air Docket A–2000– Docket Number 2000–01, Document Number II–B–
experience perceptible improvements in 01, Document No. II–B–12. 14.
19 deciviews (or visual range of 60 ambient concentrations in a neighboring impairment that is caused by the
kilometers) on average, with poorer county.20, 21 emission of air pollutants by numerous
visibility in urban areas, compared to emission sources located across a broad
the visibility conditions without man- TABLE I.E–5—SUMMARY OF 2030 NA- geographic region. At that time, EPA
made pollution of 9.5 deciviews (or TIONAL VISIBILITY CONDITIONS acknowledged that the regulations were
visual range of 150 kilometers). BASED ON REMSAD MODELING only the first phase for addressing
Likewise, we expect visibility in the [Deciviews] visibility impairment. Regulations
West to be about 9.5 deciviews (or dealing with regional haze were
visual range of 150 kilometers) in 2030, Predicted deferred until improved techniques
compared to the visibility conditions 2030 Natural were developed for monitoring, for air
Regions a visibility b background
without man-made pollution of 5.3 (annual aver- visibility quality modeling, and for understanding
deciviews (or visual range of 230 age) the specific pollutants contributing to
kilometers). regional haze.
Eastern
Nonroad engines contribute U.S. ....... 18.98 9.5 In the 1990 Clean Air Act
significantly to these effects. As shown Urban 20.48 amendments, Congress provided
in Tables I.E–1 through I.E–3, nonroad Rural .. 18.38 additional emphasis on regional haze
engines emissions contribute a large Western issues (see CAA section 169B). In 1999
portion of the total PM emissions from U.S. ....... 9.54 5.3 EPA finalized a rule that calls for States
Urban 10.21
mobile sources and anthropogenic Rural .. 9.39
to establish goals and emission
sources, in general. These emissions reduction strategies for improving
a Eastern and Western Regions are sepa-
occur in and around areas with PM visibility in all 156 mandatory Class I
rated by 100 degrees north longitude. Back-
levels above the annual PM2.5 NAAQS. ground visibility conditions differ by region. national parks and wilderness areas. In
The engines subject to the final rule will b The results incorporate earlier emissions this rule, EPA established a ‘‘natural
contribute to these effects. They are estimates from the engines subject to this rule, visibility’’ goal. In that rule, EPA also
estimated to emit 36,500 tons of direct as discussed in the Final Regulatory Support encouraged the States to work together
Document. We have revised our estimates
PM in 2030, which is 1.1 percent of the both upwards for some categories and down- in developing and implementing their
total anthropogenic PM emissions in wards for others based on public comment air quality plans. The regional haze
2030. Similarly, for PM precursors, the and updated information; however, we believe program is focused on long-term
that the net results would underestimate future
engines subject to this rule will emit PM emissions. emissions decreases from the entire
640,000 tons of NOX and 1,411,000 tons regional emissions inventory comprised
HC in 2030, which are 3.8 and 8.3 (B) Visibility Impairment in Class I of major and minor stationary sources,
percent of the total anthropogenic NOX Areas area sources and mobile sources. The
and HC emissions, respectively, in 2030. The Clean Air Act establishes special regional haze program is designed to
Recreational vehicles in particular goals for improving visibility in many improve visibility and air quality in our
contribute to these levels. In Table I.E– national parks, wilderness areas, and most treasured natural areas from these
1 through I.E–3, we show that international parks. In the 1977 broad sources. At the same time, control
recreational vehicles emitted about 1.7 amendments to the Clean Air Act, strategies designed to improve visibility
percent of mobile source PM emissions Congress set as a national goal for in the national parks and wilderness
in 2000. Similarly, recreational vehicles visibility the ‘‘prevention of any future, areas will improve visibility over broad
are modeled to emit over 4 percent of and the remedying of any existing, geographic areas. In the 1997 PM
mobile source PM in 2020 and 2030. impairment of visibility in mandatory NAAQS rulemaking, EPA also
Thus, the emissions from these sources class I Federal areas which impairment anticipated the need in addition to the
results from manmade air pollution’’
contribute to the visibility impairment NAAQS and Section 169 regional haze
(CAA section 169A(a)(1)). The
modeled for 2030 summarized in the program to continue to address
Amendments called for EPA to issue
table. localized impairment that may relate to
regulations requiring States to develop
Furthermore, for 20 counties across implementation plans that assure unique circumstances in some Western
nine states, snowmobile trails are found ‘‘reasonable progress’’ toward meeting areas. For mobile sources, there is a
within or near counties that registered the national goal (CAA Section need for a Federal role in reduction of
ambient PM2.5 concentrations at or 169A(a)(4)). EPA issued regulations in those emissions, particularly because
above 15 µg/m3, the level of the PM2.5 1980 to address visibility problems that mobile source vehicles are regulated
NAAQS.19 Fine particles may remain are ‘‘reasonably attributable’’ to a single primarily at the federal level.
suspended for days or weeks and travel source or small group of sources, but Visibility impairment is caused by
hundreds to thousands of kilometers, deferred action on regulations related to pollutants (mostly fine particles and
and thus fine particles emitted or regional haze, a type of visibility precursor gases) directly emitted to the
created in one county may contribute to atmosphere by several activities (such as
20 This information also shows that snowmobiles
electric power generation, various
contribute to concentrations of fine PM that are
above the primary health-related NAAQS, which industry and manufacturing processes,
indicates that emissions from snowmobiles also truck and auto emissions, construction
contribute to primary and secondary PM pollution activities, etc.). These gases and
that may reasonably be anticipated to endanger
19 Memo to file from Terence Fitz-Simons,
public health and welfare.
particles scatter and absorb light,
OAQPS, Scott Mathias, OAQPS, Mike Rizzo, Region 21 Review of the National Ambient Air Quality removing it from the sight path and
5, ‘‘Analyses of 1999 PM Data for the PM NAAQS Standards for Particulate Matter: Policy Assessment creating a hazy condition. Visibility
Review,’’ November 17, 2000, with attachment B, for Scientific and Technical Information, OAQPS
1999 PM2.5 Annual Mean and 98th Percentile 24-
impairment is caused by both regional
Staff Paper, EPA–452\R–96–013, July, 1996, at IV–
Hour Average Concentrations. Docket No. A–2000– 7. This document is available from Docket A–99– haze and localized impairment. As
01, Document No. II–B–17. 06, Document II–A–23. described above, regional haze is caused
by the emission from numerous sources whether or how much emissions from goals toward natural visibility
located over a wide geographic area.22 sources in a given state affect visibility conditions. Under the regional haze
Because of evidence that fine particles in a downwind Class I area. program, States can take credit for
are frequently transported hundreds of The regional haze program calls for improvements in air quality achieved as
miles, all 50 states, including those that states to establish goals for improving a result of other Clean Air Act programs,
do not have Class I areas, participate in visibility in national parks and including national mobile source
planning, analysis, and, in many cases, wilderness areas to improve visibility programs.23
emission control programs under the on the haziest 20 percent of days and to
regional haze regulations. Even though ensure that no degradation occurs on In the PM air quality modeling
a given State may not have any Class I the clearest 20 percent of days (64 FR described above, we also modeled
areas, pollution that occurs in that State 35722. July 1, 1999). The rule requires visibility conditions in the Class I areas,
may contribute to impairment in Class states to develop long-term strategies and we summarize the results by region
I areas elsewhere. The rule encourages including enforceable measures in Table I.E–6.
states to work together to determine designed to meet reasonable progress
TABLE I.E–6—SUMMARY OF 2030 VISIBILITY CONDITIONS IN CLASS I AREAS BASED ON REMSAD MODELING
[Annual Average Deciview]
Predicted Natural
Region a 2030 background
visibility b 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 Regionsare 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 Docu-
ment. We have revised our estimates both upwards for some categories and downwards for others based on public comment and updated infor-
mation; however, we believe that the net results underestimate future PM emissions.
Nonroad engines represent a sizeable Class I areas where snowmobiles are these 104 days with monitored values
portion of the total inventory of commonly used. These are: Acadia, constitute the set of 20-percent worst
anthropogenic emissions related to Boundary Waters, Denali, Mount visibility days during a year which are
PM2.5, as shown in the tables above. Rainier, Rocky Mountain, Sequoia and tracked as the primary focus of
Numerous types of nonroad engines Kings Canyon, Voyageurs, and regulatory efforts.26 With the exception
may operate near Class I areas (e.g., Yellowstone.25 Fine particle monitoring of Denali in Alaska, we defined the
mining equipment, recreational data for these parks are set out in Table snowmobile season as January 1 through
vehicles, and agricultural equipment). I.E–7. This table shows the number of March 15 and December 15 through
We have reviewed contributions from monitored days in the winter that fell December 31 of the same calendar year,
snowmobile in particular. within the 20-percent worst visibility
consistent with the methodology used
Emissions from nonroad engines, in days for each of these eight parks.
in the Regional Haze Rule, which is
particular snowmobiles, contribute Monitors collect data 2 days a week for
significantly to visibility impairment in a total of about 104 days of monitored calendar-year based. For Denali in
Class I areas.24 Visibility and PM values. Thus, for a particular site, a Alaska, the snowmobile season is
monitoring data are available for eight maximum of 21 worst possible days of October 1 to April 30.
22 U.S. EPA Review of the National Ambient Air reasonable progress towards achieving natural information; however, we believe that the net
Quality Standards for Particulate Matter: Policy visibility conditions in national parks and results would underestimate future PM emissions.
Assessment of Scientific and Technical Information wilderness areas and the ‘‘no degradation’’ 25 No data were available at five additional parks
OAQPS Staff Paper. EPA–452/R–96–013. 1996. requirement. Industry did not challenge
where snowmobiles are also commonly used: Black
Docket Number A–99–06, Documents Nos. II–A–18, requirements to improve visibility on the haziest 20
19, 20, and 23. The particulate matter air quality percent of days. A copy of this decision can be Canyon of the Gunnison, CO, Grand Teton, WY,
criteria documents are also available at http:// found in Docket A–2000–01, Document IV–A–113. Northern Cascades, WA, Theodore Roosevelt, ND,
www.epa.gov/ncea/partmatt.htm. 24 The results incorporate earlier emissions and Zion, UT.
23 In a recent case, American Corn Growers estimates from the engines subject to this rule, as 26 Letter from Debra C. Miller, Data Analyst,
Association v. EPA, 291 F. 3d 1 (D.C. Cir 2002), the discussed in the Final Regulatory Support National Park Service, to Drew Kodjak, August 22,
court vacated the BART provisions of the Regional Document. We have revised our estimates both 2001. Docket No. A–2000–01, Document Number
Haze rule, but the court denied industry’s challenge upwards for some categories and downwards for II–B–28.
to EPA’s requirement that state’s SIPs provide for others based on public comment and updated
TABLE I.E–7—WINTER DAYS THAT FALL WITHIN THE 20 PERCENT WORST VISIBILITY DAYS AT NATIONAL PARKS USED BY
SNOWMOBILES
Number of sampled wintertime days within 20
percent worst visibility days
NPS unit States (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 MN ........................................... 2 5 1 5
Voyaguers with recent data).
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, Docu-
ment Number II–B–28.
According to the National Park 115–170 km.’’ 27 We examined future air these Class I areas in addition to
Service, ‘‘[s]ignificant differences in quality predictions to whether the inventory and air quality measurements.
haziness occur at all eight sites between emissions from recreational vehicles, Specifically, in Table I.E–8, we
the averages of the clearest and haziest such as snowmobiles, contribute to summarize the expected future visibility
days. Differences in mean standard regional visibility impairment in Class I conditions in these areas without these
visual range on the clearest and haziest areas. We present results from the future regulations.
days fall in the approximate range of air quality modeling described above for
TABLE I.E–8—ESTIMATED 2030 VISIBILITY IN SELECTED CLASS I AREAS a,b

Natural back-
Predicted ground visi-
2030 visibility
Class I area County State bility
(annual aver- (annual aver-
age deciview) age 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 back-
ground 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 kilo-
meters).
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 Rocky Mountain National Park in such as hydrocarbons contributed to
I.E–7 shows that visibility data support Colorado was frequented by about visibility impairment.
a conclusion that there are at least 8 27,000 snowmobiles during the 1998– The information in Table I.E–8 shows
Class I Areas (7 national parks and one 1999 winter. Of the monitored days that these areas also are predicted to
wilderness area) frequented by characterized as within the 20-percent have high annual average deciview
snowmobiles with one or more worst visibility monitored days, 2 of levels in the future. Emissions from
wintertime days within the 20-percent those days occurred during the snowmobiles and other recreational
worst visibility days of the year, and in wintertime when snowmobile emissions vehicles, as well as other nonroad
many cases several days. For example, engines contributed to these levels.28
27 Letter from Debra C. Miller, Data Analyst, 28 See Chapter 1 in the RSD for a discussion or Quality Modeling Analyses December 2000. Docket
National Park Service, to Drew Kodjak, August 22, U.S. EPA Technical Support Document for Heavy- No. A–2000–01, Docket Number IV–A–218. This
2001. Docket No. A–2000–01, Document Number duty Engine and Vehicle Standards and Highway document is also avaiable at www.epa.gov/otaq/
II–B–28. Diesel Fuel Sulfur Control Requirements—Air hdmodels.htm.
Ambient concentrations of fine Rocky Mountain National Park, to 13 also impacted although to a lesser extent
particles are the primary pollutant percent in Acadia National Park.29 by these HC emissions.31
responsible for visibility impairment. In the winter months, HC emissions Table I.E–9 shows estimated tons of
The classes of fine particles principally from snowmobiles can be significant, four pollutants during the winter season
responsible for visibility impairment are and these HC emissions can be more in five Class I national parks for which
sulfates, nitrates, organic carbon than half of the organic carbon fraction we have estimates of snowmobile use.
particles, elemental carbon, and crustal of fine particles which are largely The national park areas outside of
material. Hydrocarbon emissions from responsible for visibility impairment. In Denali in Alaska are open to
automobiles, trucks, snowmobiles, and Yellowstone, a park with high snowmobile operation in accordance
other industrial processes are common snowmobile usage during the winter with special regulations (36 CFR part 7).
sources of organic carbon. The organic months, snowmobile HC emissions can Denali National Park permits
carbon fraction of fine particles ranges exceed 500 tons per year, as much as snowmobile operation by local rural
from 47 percent in Western areas such several large stationary sources.30 Other residents engaged in subsistence uses
as Denali National Park, to 28 percent in parks with less snowmobile traffic are (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 (C) Regulation of HC Is a Good Proxy for the atmosphere. As discussed above,
National Park Service for Yellowstone Regulation of Fine PM Emissions From fine particles can cause a variety of
National Park suggests that snowmobile Current Snowmobile Engines adverse health and welfare effects,
emissions are a significant source of We believe the best way to regulate including visibility impairment.
total annual mobile source emissions for the contribution to ambient We believe measurements of HC
the park year round. The proportion of concentrations of fine PM from current emissions will serve as a reasonable
snowmobile emissions to emissions snowmobile engines is to set standards surrogate for measurement of fine
from other sources affecting air quality to control HC emissions. The current particles for snowmobiles for several
in these parks is likely to be similar to fleet of snowmobiles consists almost reasons. First, emissions of PM and HC
that in Yellowstone. exclusively of two-stroke engines. Two- from these engines are related. Test data
stroke engines inject lubricating oil into show that over 70 percent of the average
Furthermore, public comments from
the air intake system where it is volatile organic fraction of PM from a
an industry-initiated study contained typical two-stroke snowmobile engine is
combusted with the air and fuel mixture
modeling showing a 4 to 8 percent organic hydrocarbons, largely from
in the combustion chamber. This is
contribution to perceptible impairment lubricating oil components.32 The HC
done to provide lubrication to the piston
from snowmobile exhaust in and crankshaft, since the crankcase is measurements (which use a 191° C
Yellowstone National Park. Although used as part of the fuel delivery system heated flame-ionization detector (FID))
we believe the modeling technique may and cannot be used as a sump for oil would capture the volatile component,
not be fully appropriate, the study still storage as in four-stroke engines. As a which in ambient temperatures would
indicates a significant contribution from result, in addition to products of be particles (as droplets).
snowmobiles. EPA conducted incomplete combustion, two-stroke Second, many of the technologies that
independent modeling using a more engines also emit a mixture of will be employed to reduce HC
appropriate visibility model, and we uncombusted fuel and lubricant oil. HC- emissions are expected to reduce PM
confirmed that snowmobiles would be related emissions from snowmobiles (four-stroke engines, pulse air, and
creating perceptible plumes at all park increase PM concentrations in two direct fuel injection techniques for
entrances, impairing visibility. This ways. Snowmobile engines emit HC example). The organic emissions are a
evidence shows that snowmobiles directly as particles (such as droplets of mixture of fuel and oil, and reductions
contribute significantly to visibility lubricant oil). Snowmobile engines also in the organic emissions will likely
impairment in several Class I areas. emit HC gases, as well as raw unburned yield both HC and PM reductions. HC
HC from the fuel which either measurements would capture the
condenses in cold temperatures to reduction from both the gas and particle
particles or reacts chemically to (at ambient temperature) phases. For
transform into particles as it moves in example, the HC emission factor for a
29 Letter from Debra C. Miller, Data Analyst, snowmobiles are considerably less than HC or 32 Memo to Docket, Mike Samulski.
National Park Service, to Drew Kodjak, August 22, direct PM emissions from these engines. ‘‘Hydrocarbon Measurements as an Indicator for
2001. Docket No. A–2000–01, Document Number 31 Technical Memorandum, Aaron Worstell,
Particulate Matter Emissions in Snowmobiles,’’
II–B–28. Environmental Engineer, National Park Service, Air with attachments. September 6, 2002, Docket A–
30 Emissions of NO from snowmobiles Resources Division, Denver, Colorado, particularly
X 2000–01; Document No. IV–B–42.
contribute to the total amount of particulate nitrate, Table 1. Docket No. A–2000–01, Document Number
although the total NOX emissions from II–G–178.
typical two-stroke snowmobile is 111 g/ causes NOX emissions to increase. nonroad vehicles. Refer to the
hp-hr. The HC emission factor for a These increases are minor, however, discussions of specific programs,
direct fuel injection engine is 21.8, and compared to the reductions of HC (and contained in Sections III through VI, to
for a four-stroke is 7.8 g/hp-hr, therefore PM) that result from these determine whether the regulations are
representing a 80-percent and 99- techniques. being applied to the entire vehicle or
percent reduction, respectively. On the other hand, substantial control just the engine, as well as for more
Similarly, the PM emission factor for a of NOX emissions may have the counter- information about specific requirements
typical two-stroke snowmobile is 2.7 g/ effect of increasing HC emissions and for different categories of nonroad
hp-hr. The corresponding PM emission the greater PM emissions associated engines and vehicles.
factor for a direct fuel injection engine with those HC emissions. The only way This section describes general
is 0.57, and for a four-stroke is 0.15 g/ to reduce NOX emissions from four- nonroad provisions related to
hp-hr, representing a 75 percent and 93 stroke engines (at the same time as certification prior to sale or introduction
percent reduction, respectively. reducing HC and CO levels) would be to into commerce. Section VII describes
Thus, manufacturers will generally use a three-way catalytic converter. We several compliance provisions that
reduce PM emissions as a result of do not have enough information at this apply generally to nonroad engines, and
reducing HC emissions, making separate time on the durability or safety Section VIII similarly describes general
PM standards less necessary. Moreover, implications of using a three-way testing provisions.
PM standards would cover only the PM catalyst with a four-stroke engine in
directly emitted at the tailpipe. It would snowmobile applications. Three-way A. Scope of Application
not measure the gaseous or semi-volatile catalyst technology is well beyond the This final rule covers recreational
organic emissions which would technology reviewed for this rule and marine diesel engines, nonroad spark-
condense or be converted into PM in the would need substantial additional ignition engines rated over 19 kW, and
atmosphere. The HC measurements review before being contemplated for recreational spark-ignition vehicles
would also include the gaseous HC snowmobiles. Thus, given the introduced into commerce in the United
which would condense or be converted overwhelming level of HC compared to States. The following sections describe
into PM in the atmosphere. NOX, and the secondary PM expected to generally when emission standards
Consequently, the HC measurement result from these levels, it would be apply to these products. These
would be a more comprehensive premature and possibly provisions are generally consistent with
measurement. Also, HC standards counterproductive to promulgate NOX prior nonroad and motor-vehicle
actually will reduce secondary PM standards that require significant NOX rulemakings. Refer to the specific
emissions that would not necessarily be reductions from snowmobiles at this program discussion below for more
reduced by PM standards. time. We have therefore decided to information about the scope of
Finally, from an implementation structure our long term HC+NOX application and timing of new
point of view, PM is not routinely standard for 2012 and later model year standards.
measured in snowmobiles. There is no snowmobiles to require only a cap on
currently established protocol for NOX emissions from the advanced 1. What Engines and Vehicles Are
measuring PM and substantial technical technology engines which will be the Subject to the Standards?
issues would need to be overcome to dominant technology in the new The scope of this rule is broadly set
create a new method. Establishing snowmobiles certified at that time. by Clean Air Act section 213(a), which
additional PM test procedures would instructs us to set emission standards
also entail additional costs for II. Nonroad: General Provisions
for new nonroad engines and new
manufacturers. HC measurements are This section describes general nonroad vehicles. Generally speaking,
more routinely performed on these provisions concerning the emission
this rule is intended to cover all new
types of engines, and these standards adopted in this final rule and
engines and vehicles in the categories
measurements currently serve as a more the ways in which a manufacturer
listed above (including any associated
reliable basis for setting a numeric shows compliance with these standards.
equipment or vessels) for their entire
standard. Thus, we believe that Clean Air Act section 213(a)(3) requires
useful lives, as defined in the
regulation of HC is the best way to us to set standards that achieve the
regulations.33 Once the emission
reduce PM emissions and PM greatest degree of emission reduction
standards apply to a group of engines or
contributions from current snowmobile achievable through the application of
vehicles, manufacturers of a new engine
engines. technology that will be available, giving
must have an approved certificate of
We included a NOX standard for appropriate consideration to cost, noise,
conformity from us before selling them
snowmobiles. This standard will energy, and safety factors. Section
in the United States.34 This also applies
essentially cap NOX emissions from 202(a)(4) provides further authority to
to importation by any person and any
these engines to prevent backsliding. adopt standards for pollution beyond
We are not promulgating standards that other means of introducing new engines
that regulated under section 202(a)(3).
would require substantial reductions in and vehicles into commerce. We also
In addition to emission standards, this
NOX because we believe that standards require equipment manufacturers that
document describes a variety of other
which force substantial NOX reductions install engines from other companies to
provisions necessary for implementing
would likely not lead to reductions in install only certified engines into new
the proposed emission-control program
PM and may in fact increase PM levels. equipment once emission standards
in an effective way, such as applying for
NOX emissions from snowmobiles are certification, labeling engines, and 33 For recreational vehicles, we are adopting
very small, particularly compared to meeting warranty requirements. vehicle-based standards. For these applications, the
levels of HC. In fact, technologies that The discussions in this section are term ‘‘engine’’ in this document applies equally to
reduce HC and CO are likely to increase general and are meant to cover all the the vehicles.
34 The term ‘‘manufacturer’’ includes any
levels of NOX and vice versa, because nonroad engines and vehicles subject to
individual or company that manufactures any new
technologies to reduce HC and CO the new standards. In this Section II, the engine for sale or otherwise introduces a new
emissions would result in leaner term engine is sometimes used to engine into commerce in the United States. It also
operation. A lean air and fuel mixture include both nonroad engines and includes importers for resale.
apply. The information we require of • Imported (freshly manufactured or certificate of conformity. For example,
manufacturers applying for certification used) and was originally manufactured this would occur when a foreign
(with the corresponding engine labels) after the effective date of our standards company purchases engines
provides assurance that manufacturers manufactured in the United States for
3. When Do Imported Engines Need To
have met their obligation to make Meet Emission Standards? installation on a marine vessel,
engines that meet emission standards recreational vehicle, or other nonroad
over the useful life we specify in the The emission standards apply to all equipment for export back to the United
regulations. new engines sold in the United States. States. Those engines would be subject
Consistent with Clean Air Act section to the emission standards that apply on
2. How Do I Know if My Engine or 216, engines that are imported by any the date the engine was originally
Equipment Is New? person, whether freshly manufactured manufactured. If the engine is later
We are defining ‘‘new’’ consistent or used are considered ‘‘new’’ engines.35 modified and certified (or recertified),
with previous rulemakings. We will Thus, we include engines that are the engine is subject to emission
consider a nonroad engine (or nonroad imported for use in the United States, standards that apply on the date the
equipment) to be new until its title has whether they are imported as loose modification is complete. So, for
been transferred to the ultimate engines or if they are already installed example, foreign boat builders buying
purchaser or the engine has been placed on a marine vessel, recreational vehicle, U.S.-made engines without recertifying
or other piece of nonroad equipment, the engines will need to make sure they
into service. This definition applies to
built elsewhere. All imported engines purchase complying engines for the
both engines and equipment, so the
manufactured after our standards begin products they sell in the U.S. We also
nonroad equipment using these engines,
to apply need an EPA-issued certificate do not exempt engines exported to
including all-terrain vehicles,
of conformity to clear customs, with countries that share our emission
snowmobiles, off-highway motorcycles,
limited exemptions (as described standards.
and other land-based nonroad
below).
equipment will be considered new until An engine or marine vessel, 5. Are Any New Engines or Vehicles in
their title has been transferred to an recreational vehicle, or other piece of the Applicable Categories Not Subject to
ultimate buyer. In Section II.B.1 we nonroad equipment that was built after Emission Standards of This Rule?
describe how to determine the model emission standards take effect cannot be
year of individual engines and vehicles. We are extending our basic nonroad
imported without a currently valid exemptions to the engines and vehicles
To further clarify the definition of certificate of conformity. We would covered by this rulemaking. These
new nonroad engine, we specify that a consider it to be a new engine, vehicle, include the testing exemption, the
nonroad engine, vehicle, or equipment or vessel, which would trigger a manufacturer-owned exemption, the
is placed into service when it is used for requirement to comply with the display exemption, and the national-
its intended purpose. An engine subject applicable emission standards. Thus, for security exemption. These exemptions
to emission standards is used for its example, a marine vessel manufactured are described in more detail in Section
functional purpose when it is installed in a foreign country in 2007, then
VII.C.
in an all-terrain vehicle, snowmobile, imported into the United States in 2010, In addition, the Clean Air Act does
off-highway motorcycle, marine vessel, would be considered ‘‘new.’’ The not consider stationary engines or
or other piece of nonroad equipment. engines on that vessel would have to
engines used solely for competition to
We need to make this clarification comply with the requirements for the
be nonroad engines, so the emission
because some engines are made by 2007 model year, assuming no other
standards do not apply to them. Refer to
modifying a highway or land-based exemptions apply. This provision is
the program discussions below for a
nonroad engine that has already been important to prevent manufacturers
description of how these exclusions or
installed on a vehicle or other piece of from avoiding emission standards by
exemptions apply for different
equipment. For example, someone can building vessels or vehicles abroad,
categories of engines.
install an engine in a recreational transferring their title, and then
marine vessel after it has been used for importing them as used vessels or B. Emission Standards and Testing
its functional purpose as a land-based vehicles.
Imported engines are generally subject 1. Which Pollutants Are Covered by
highway or nonroad engine. We believe
to emission standards. However, we are Emission Standards?
our approach is reasonable because the
practice of adapting used highway or not adopting a definition of ‘‘import’’ in Engines subject to the exhaust
land-based nonroad engines may this regulation. We will defer to the U.S. emission standards must meet standards
become more common if these engines Customs Service for determinations of based on measured levels of specified
are not subject to emission standards. when an engine or vehicle is imported pollutants, such as NOX, HC, or CO,
In summary, an engine may be subject into the U.S. though not all engines have standards
to emission standards if it is: 4. Do the Standards Apply to Exported for each pollutant. Diesel engines
generally must also meet a PM emission
• Freshly manufactured, whether Engines or Vehicles?
standard. In addition, there may be
domestic or imported; this may include Engines or vehicles intended for standards or other requirements for
engines produced from engine block export are generally not required to crankcase, evaporative, or permeation
cores meet the emission standards or other emissions, as described below.
• Installed for the first time in requirements adopted in this rule. The emission standards are effective
nonroad equipment after having However, engines that will be exported on a model-year basis. We define model
powered an automobile or a category of and subsequently re-imported into the year much like we do for passenger cars.
nonroad equipment subject to different United States must be covered by a It generally means either the calendar
emission standards year or some other annual production
• Installed in new nonroad
35 The definition in Clean Air Act section 216
applies specifically to ‘‘new motor vehicles,’’ but

period based on the manufacturer’s
equipment, regardless of the age of the we have interpreted ‘‘new nonroad engine’’ production practices. A model year may
engine consistently with the definition in section 216. include January 1 from only one year.
For example, manufacturers could start modified consistent with the alternate conditions, such as varying fuel quality,
selling 2006 model year engines as early language suggested in the proposal. This high altitude, or engine wear. Examples
as January 2, 2005, as long as the alternate language implements sections of adjustable parameters include spark
production period extends until at least 202(a)(4) and 206(a)(3) of the Act and timing, idle-speed setting, and fuel-
January 1, 2006. All of a manufacturer’s clarifies that the purpose of this injection timing. While we recognize the
engines from a given model year must requirement is to prevent control need for this practice, we are also
meet emission standards for that model technologies that would cause concerned that engines maintain an
year. For example, manufacturers unreasonable risks, rather than to appropriate level of emission control for
producing new engines in the 2006 prevent trace emissions of any noxious the whole range of adjustability.
model year need to comply with the compounds. For example, this Manufacturers must therefore show that
2006 standards. The model year of a requirement would prevent the use of their engines meet emission standards
particular engine is determined based emission-control technologies that over the full adjustment range.
on the date that the engine is fully produce high levels of pollutants for Manufacturers must also provide a
assembled. In the case of recreational which we have not set emission physical stop to prevent adjustment
vehicles, this generally applies to the standards, but nevertheless pose a risk outside the established range. Operators
final assembly of the whole vehicle, to the public. However, it should be are then prohibited by the anti-
since the emission standards apply to noted that this would generally not tampering provisions from adjusting
the vehicle. Refer to the individual apply to exhaust gas recirculation engines outside this range.
program discussions below or the systems on gasoline- or diesel-fueled
5. What Are Voluntary Low-Emission
regulations for additional information engines.
Engines and Blue Sky Standards?
about model year periods, including
3. What Duty Cycles Is EPA Adopting Several state and environmental
how to define what model year means
for Emission Testing? groups and manufacturers of emission
in less common scenarios, such as
installing used engines in new Testing an engine for exhaust controls have supported our efforts to
equipment. emissions typically consists of develop incentive programs to
exercising it over a prescribed duty encourage engine technologies that go
2. What Standards Apply to Crankcase, cycle of speeds and loads, typically beyond federal emission standards.
Evaporative, Permeation, and Other using an engine or chassis Some companies have already
Emissions? dynamometer. The duty cycle used to significantly developed these
Blow-by of combustion gases and the measure emissions for certification, technologies. In the final rule for land-
reciprocating action of the piston can which is generally derived from typical based nonroad diesel engines, we
cause exhaust emissions to accumulate operation from the field, is critical in included a program of voluntary
in the crankcase of four-stroke engines. evaluating the likely emissions standards for low-emitting engines,
Uncontrolled engine designs route these performance of engines designed to referring to these as ‘‘Blue Sky Series’’
vapors directly to the atmosphere, emission standards. Testing for engines (63 FR 56967, October 23,
where they contribute to ambient levels recreational marine diesel engines and 1998). We included similar programs for
of hydrocarbons. We have long required Large SI engines may also include commercial marine diesel engines. The
that automotive engines prevent additional operation not included in the general purposes of such programs are
emissions from their crankcases. specific duty cycles. to provide incentives to manufacturers
Manufacturers typically do this by Steady-state testing consists of engine to produce clean products, as well as to
routing crankcase vapors through a operation for an extended period at create market choices and opportunities
valve into the engine’s air intake system. several speed-load combinations. for environmental information for
We generally require in this rulemaking Associated with these test points are consumers regarding such products.
that engines control crankcase weighting factors that allow calculation We are adopting voluntary Blue Sky
emissions. of a single weighted-average steady-state Series standards for some of the engines
Vehicles with spark-ignition engines emission level in g/kW. Transient subject to this final rule. Creating a
use fuel that is volatile and the testing involves a continuous trace of program of voluntary standards for low-
unburned fuel can be released into the specified engine or vehicle operation; emitting engines, including testing and
ambient air. We are adopting standards emissions are collected over the whole durability provisions to help ensure
to limit evaporative emissions from the testing period for a single mass adequate in-use performance, will be a
fuel. Evaporative emissions result from measurement. step forward in advancing emission-
heating gasoline or other volatile fuels See Section VIII.C for a discussion of control technologies. While these are
in a tank that is vented to the how we define maximum test speed and voluntary standards, they become
atmosphere or from permeation through intermediate speed for engine testing. binding once a manufacturer chooses to
plastic fuel tanks and rubber hoses. Refer to the program discussions below participate. EPA certification will
Section IV describes the permeation for more information about the type of therefore provide protection against
standards for recreational vehicles. duty cycle required for testing the false claims of environmentally
Section V provides additional various engines and vehicles. Those beneficial products.
information on the evaporative emission sections also include information
standards for Large SI engines. C. Demonstrating Compliance
regarding testing provisions that do not
We are also adopting a general rely on specific operating cycles (i.e., We are adopting a compliance
requirement that all engines subject to field-testing, not-to exceed testing, and program to accompany the final
this final rule may not cause or evaporative testing). emission standards. This consists first of
contribute to an unreasonable risk to a process for demonstrating that new
public health, welfare, or safety, 4. How Do Adjustable Engine engine models comply with the
especially with respect to noxious or Parameters Affect Emission Testing? emission standards. In addition to new-
toxic emissions that may increase as a Many engines are designed with engine testing, several provisions ensure
result of emission-control technologies. components that can be adjusted for that emission-control systems will
The regulatory language has been optimum performance under changing continue to function over long-term
operation in the field. Most of these within the engine family and the range engine labels is specified in the
certification provisions are consistent of installed options allowed. Requiring regulations.
with previous rulemakings for other the worst-case engine to be tested helps
2. What Warranty Requirements Apply
nonroad engines. Refer to the discussion the manufacturer be sure that all
to Certified Engines?
of the specific programs below for engines within the engine family are
additional information about these complying with emission standards. Consistent with our current emission-
requirements for each engine category. Manufacturers estimate the rate of control programs, manufacturers must
deterioration for each engine family provide a design and defect warranty
1. How Do I Certify My Engines? covering emission-related components
over its useful life and show that
We are adopting a certification engines continue to meet standards after for a minimum period specified in the
process similar to that already incorporating the estimated regulations. This minimum period is
established for other nonroad engines. deterioration. We may also test the generally half of the useful life period.
Manufacturers generally test engines ourselves. The regulations also provide that the
representative prototype engines and Manufacturers must include in their manufacturer’s emission warranty
submit the emission data along with application for certification the results period could be adjusted to a value
other information to EPA in an of emission tests showing that the higher than the minimum period for
application for a Certificate of engine family meets emission standards. those cases where the manufacturer
Conformity. If we approve the In addition, we may ask the provides a longer mechanical warranty
application, EPA issues a Certificate of manufacturer to include any additional for the engine or any of its components;
Conformity which allows the data from their emission-data engines, this includes extended warranties that
manufacturer to produce and sell the including any diagnostic-type are available for an extra price. Any
engines described in the application in measurements (such as ppm testing) and such adjustment would be dependent
the U.S. invalidated tests. This complete set of on the average service life of the vehicle
Manufacturers certify their engine test data ensures that the valid tests as well. The manufacturer generally
models by grouping them into engine forming the basis of the manufacturer’s does not need to include scheduled
families that have similar emission application are a robust indicator of maintenance or other routine
characteristics. The engine family emission-control performance, rather maintenance under the emission
definition is fundamental to the than a spurious or incidental test result. warranty. See the regulation language
certification process and to a large We are adopting test-fuel for a detailed description of the
degree determines the amount of testing specifications intended to represent in- components that are considered to be
required for certification. The use fuels. Engines must be able to meet emission-related.
regulations include specific engine the standards on fuels with properties If an operator makes a valid warranty
characteristics for grouping engine anywhere in the specified ranges. The claim for an emission-related
families for each category of engines. To test fuel is generally to be used for all component during the warranty period,
address a manufacturer’s unique testing associated with the regulations, the engine manufacturer is generally
product mix, we may approve using including certification, production-line obligated to replace the component at
broader or narrower engine families. testing, and in-use testing. Refer to the no charge to the operator. The engine
Engine manufacturers are responsible program discussions below related to manufacturer may deny warranty
to build engines that meet the emission test fuel specifications. claims, however, if the operator caused
standards over each engine’s useful life. We require engine manufacturers to the component failure by misusing the
The useful life we adopt by regulation give engine buyers instructions for engine or failing to do necessary
is intended to reflect the period during properly maintaining their engines. We maintenance.
which engines are designed to properly are including limitations on the We are also adopting a defect
function without being remanufactured frequency of scheduled maintenance reporting requirement that applies
or the average service life. Useful life that a manufacturer may specify for separate from the emission-related
values, which are expressed in terms of emission-related components to help warranty (see Section VII.F). In general,
years or amount of operation (in hours ensure that emission-control systems defect reporting applies when a
or kilometers), vary by engine category, don’t depend on an unreasonable manufacturer discovers a pattern of
as described in the following sections. expectation of maintenance in the field. component failures, whether that
Consistent with other recent EPA These maintenance limits also apply information comes from warranty
programs, we generally consider this during any service accumulation that a claims, voluntary investigation of
useful life value in amount of operation manufacturer may do to establish product quality, or other sources.
to be a minimum value, requiring deterioration factors. This approach is
manufacturers to comply for a longer common to all our engine programs. It 3. Can I Use Emission Averaging To
period in those cases where their is important to note, however, that these Show That I Meet Emission Standards?
engines operate longer than the provisions don’t limit the maintenance Many of our mobile source emission-
minimum useful life. an operator may perform; it merely control programs include voluntary use
The emission-data engine is the limits the maintenance that operators of emission credits to facilitate
engine from an engine family that will can be expected to perform on a implementation of emission controls.
be used for certification testing. To regularly scheduled basis. Refer to the An emission-credit program is an
ensure that all engines in the family discussion of the specific programs important factor we take into
meet the standards, manufacturers must below for additional information about consideration in setting emission
select the engine most likely to exceed the allowable maintenance intervals for standards that are appropriate under
emission standards in a family for each category of engines. Clean Air Act section 213. An emission-
certification testing. In selecting this Once an engine family is certified, we credit program can improve the
‘‘worst-case’’ engine, the manufacturer require every engine a manufacturer technological feasibility and reduce the
uses good engineering judgment. produces from the engine family to have cost of achieving standards, allowing us
Manufacturers consider, for example, all a label with basic identifying to consider a more stringent emission
engine configurations and power ratings information. The design and content of standard than might otherwise be
appropriate, including a compliance participating in the emission-credit methodology). Each manufacturer

date for the standards earlier than program is a zero balance or a net generally selects engines randomly at
would otherwise be appropriate. positive balance of credits. A the beginning of each new quarter.36 If
Manufacturers gain flexibility in manufacturer may generally choose to engines must be tested at a facility
product planning and introduction of include only a single pollutant from an where final assembly is not yet
product lines meeting a new standard. engine family in the emission-credit completed, manufacturers must
Emission-credit programs also create an program or, alternatively, to establish a randomly select engine components and
incentive for the early introduction of Family Emission Limit for each of the assemble the test engine according to
new technology, which allows certain regulated pollutants. Refer to the their established assembly instructions.
engine families to act as trailblazers for program discussions below for more The Cumulative Sum program uses the
new technology. This can help provide information about emission-credit emission results to calculate the number
valuable information to manufacturers provisions for individual engine of tests required for the remainder of the
on the technology before they apply the categories. year to reach a pass or fail
technology throughout their product determination for production-line
4. What Are the Production-Line Testing
line. This early introduction of clean testing. If tested engines have emissions
Requirements?
technology improves the feasibility of close to the standard, the statistical
achieving the standards and can provide We are adopting production-line sampling method calls for an increased
valuable information for use in other testing requirements for recreational number of tests to show whether to
regulatory programs that may benefit marine diesel engines, recreational make a pass or fail determination for the
from similar technologies. vehicles, and Large SI engines. engine family. The remaining number of
Emission-credit programs may Manufacturers must routinely test tests is recalculated after the
involve averaging, banking, or trading. production-line engines to help ensure manufacturer tests each engine. Engines
Averaging allows a manufacturer to that newly assembled engines control selected should cover the broadest range
certify one or more engine families at emissions at least as well as the of production configurations possible.
emission levels above the applicable emission-data engines tested for Tests should also be distributed evenly
emission standards, as long as the certification. Production-line testing throughout the sampling period to the
increased emissions from that engine serves as a quality-control step, extent possible.
family are offset by one or more engine providing information to allow early If an engine family fails the
families certified below the applicable detection of any problems with the production-line testing criteria, we may
standards. The over-complying engine design or assembly of freshly suspend the Certificate of Conformity.
families generate credits that are used manufactured engines. This is different Under the CumSum approach,
by the under-complying engine families. than selective enforcement auditing, in individual engines can exceed the
Compliance is determined taking into which we would give a test order for emission standards without causing the
account differences in production more rigorous testing for a small subset whole engine family to exceed the
volume, power and useful life among of production-line engines in a production-line testing criteria. The
engine families. The average of all the particular engine family (see Section production-line testing criteria are
engine families for a particular VII.E). Production-line testing designed to determine if there is a
manufacturer’s production must be at or requirements are already common to problem that applies broadly across the
below the level of the applicable several categories of nonroad engines as engine family. Whether or not the
emission standards. This calculation part of their emission-control program. production-line testing criteria are met,
generally factors in sales-weighted If an engine fails to meet an emission manufacturers must adjust or repair
average power, production volume, and standard, the manufacturer must modify every failing engine and retest it to show
useful life. Banking allows a it to bring that specific engine into that it meets the emission standards.
manufacturer to generate emission compliance. Manufacturers may adjust Note also that all production-line
credits and bank them for future use in the engine family’s Family Emission emission measurements must be
its own averaging program in later years. Limit to take into account the results included in the periodic reports to us.
Trading allows transfer of credits to from production-line testing (if This includes any type of screening or
another company. applicable). If too many engines exceed surveillance tests (including ppm
In general, a manufacturer choosing to emission standards, this indicates it is measurements), all data points for
participate in an emission-credit more of a family-wide problem and the evaluating whether an engine controls
program certifies each participating manufacturer must correct the problem emissions ‘‘off-cycle,’’ and any engine
engine family to a Family Emission for all affected engines. The remedy may tests that exceed the minimum required
Limit. In its certification application, a involve changes to assembly procedures level of testing.
manufacturer determines a separate or engine design, but the manufacturer The regulations allow us to reduce
Family Emission Limit for each must, in any case, do sufficient testing testing requirements for engine families
pollutant included in the emission- to show that the engine family complies that consistently pass the production-
credit program. The Family Emission with emission standards before line testing criteria. For engine families
Limit selected by the manufacturer producing more engines. The remedy that pass all of the production-line test
becomes the emission standard for each may also need to address engines requirements for two consecutive years,
engine in that engine family. Emission already produced since the last showing the manufacturer may request a reduced
credits are based on the difference that production-line engines met testing rate. The minimum testing rate is
between the emission standard that emission standards. one test per engine family for one year.
applies to the family and the Family The production-line testing programs Our approval for a reduced testing rate
Emission Limit. Manufacturers must for Large SI engines and for recreational may be limited to a single model year,
meet the Family Emission Limit for all vehicles depend on the Cumulative Sum
emission testing of any engine in that (CumSum) statistical process for 36 We consider an engine to be randomly selected
family. At the end of the model year, determining the number of engines a if it undergoes normal assembly and manufacturing
procedures. An engine is not randomly selected if
manufacturers must show that the net manufacturer needs to test (see the it has been built with any kind of special
effect of all their engine families regulations for the specific calculation components or procedures.
but manufacturers may continue to mobile source regulations or emission regulations on small
request reduced testing rates. certification process. Some of these businesses.
As we have concluded in other engine manufacturers are small businesses,
1. What Are Recreational Vehicles and
programs, some manufacturers may with unique concerns relating to the
Who Makes Them?
have unique circumstances that call for compliance burden from the general
different methods to show that regulating program. The sections We are adopting new exhaust
production engines comply with describing the emission-control program emission standards for off-highway
emission standards. A manufacturer include discussion of special motorcycles, ATVs, and snowmobiles.
may therefore suggest an alternate plan compliance provisions designed to Eight large manufacturers dominate the
for testing production-line engines, as address this for the different engine sales of these recreational vehicles. Of
long as the alternate program is as categories. these eight manufacturers, seven of
effective at ensuring that the engines them manufacture two or more of the
III. Recreational Vehicles and Engines three main types of recreational
will comply. A manufacturer’s petition
to use an alternate plan should address A. Overview vehicles. For example, there are four
the need for the alternative and should companies that manufacture both off-
justify any changes from the regular We are adopting new exhaust highway motorcycles and ATVs. There
testing program. The petition must also emission standards for snowmobiles, are three companies that manufacture
describe in detail the equivalent off-highway motorcycles, and all-terrain ATVs and snowmobiles; one company
thresholds and failure rates for the vehicles (ATVs). The engines used in manufactures all three. These eight
alternate plan. If we approve the plan, these vehicles are a subset of nonroad SI companies represent approximately 95
we will use these criteria to determine engines.37 In our program to set exhaust percent of all domestic sales of
when an engine family passes or fails emission standards for nonroad spark- recreational vehicles.
the production-line testing criteria. It is ignition engines below 19 kW (Small a. Off-highway motorcycles.
important to note that this allowance is SI), we excluded recreational vehicles Motorcycles are two-wheeled, self-
intended only as a flexibility, and is not because they have different design powered vehicles that come in a variety
characteristics and usage patterns than of configurations and styles. Off-
intended to affect the stringency of the
certain other engines in the Small SI highway motorcycles are similar in
standards or the production-line testing
category. For example, engines typically appearance to highway motorcycles, but
program.
found in the Small SI category are used there are several important distinctions
Refer to the specific program
in lawn mowers, chainsaws, trimmers, between the two types of machines. Off-
discussions below for additional
and other lawn and garden applications. highway motorcycles are not street-legal
information about production-line
These engines tend to have low power and are primarily operated on public
testing for different types of engines.
outputs and operate at constant loads and private lands over trails and open
D. Other Concepts and speeds, whereas recreational areas. A significant number are used in
vehicles can have high power outputs competition events. Off-highway
1. What Are Emission-Related
with highly variable engine loads and motorcycles tend to be much smaller,
Installation Instructions?
speeds. This suggests that these engines lighter and more maneuverable than
Manufacturers selling loose engines to should be regulated differently than their larger highway counterparts. They
equipment manufacturers must develop Small SI engines. In the same way, we are equipped with relatively small-
a set of emission-related installation treat snowmobiles, off-highway displacement single-cylinder two- or
instructions. These instructions include motorcycles, and ATVs separately from four-stroke engines ranging from 48 to
anything the installer needs to know to our Large SI engine program, which is 650 cubic centimeters (cc) in size. The
ensure that the engine operates within described in Section V. Recreational exhaust systems for off-highway
its certified design configuration. For vehicles that are not snowmobiles, off- motorcycles are distinctively routed
example, the installation instructions highway motorcycles, or ATVs, will be high on the frame to prevent damage
could specify a total capacity needed subject to the standards that otherwise from brush, rocks, and water. Off-
from the engine cooling system, apply to small nonroad spark-ignition highway motorcycles are designed to be
placement of catalysts after final engines (see Section III.B.2). operated over varying surfaces, such as
assembly, or specification of parts We are adopting exhaust emission dirt, sand, or mud, and are equipped
needed to control evaporative or standards for HC and CO from all with knobby tires to give better traction
permeation emissions. We approve recreational vehicles. We are adopting in off-road conditions. Unlike highway
emission-related installation an additional requirement to control motorcycles, off-highway motorcycles
instructions as part of the certification NOX from off-highway motorcycles and have fenders mounted far from the
process. If equipment manufacturers fail ATVs. We believe that vehicle and wheels and closer to the rider to keep
to follow the established emission- engine manufacturers will be able to use dirt and mud from spraying the rider
related installation instructions, we will technology already established for other and clogging between the fender and
consider this tampering, which may types of engines, such as highway tire. Off-highway motorcycles are also
subject them to significant civil motorcycles, small spark-ignition equipped with more advanced
penalties. Refer to the program engines, and marine engines, to meet suspension systems than those for
discussions below for more information these standards. We recognize that some highway motorcycles. This allows the
about specific provisions related to small businesses manufacture operator to ride over obstacles and make
installation instructions. recreational vehicles; we are therefore jumps safely.
Five companies dominate sales of off-
2. Are There Special Provisions for adopting several special compliance
highway motorcycles. They are long-
Small Manufacturers of These Engines provisions to reduce the burden of
established, large corporations that
and Vehicles? manufacture several different products
37 Almost all recreational vehicles are equipped
The scope of this rule includes many with spark-ignition engines. Any diesel engines
including highway and off-highway
engine and vehicle manufacturers that used in these applications must meet our emission motorcycles. These five companies
have previously not been subject to our standards for nonroad diesel engines. account for 90 to 95 percent of all
domestic sales of off-highway As discussed below, we are requiring types of small recreational engines not
motorcycles. There are also several utility vehicles capable of speeds above covered by the Small SI rule are those
relatively small companies that 25 mph to comply the regulations for engines under 19 kW that aren’t
manufacture off-highway motorcycles, ATVs. governed and have maximum engine
many of which specialize in c. Snowmobiles. Snowmobiles, also speed of at least 5,000 rpm. There are
competition machines. referred to as ‘‘sleds,’’ are tracked relatively few such vehicles with
b. All-terrain vehicles. The earliest vehicles designed to operate over snow. recreational engines not covered by the
ATVs were three-wheeled off-highway Snowmobiles have some similarities to Small SI regulations. The best example
models with large balloon tires that off-highway motorcycles and ATVs. A of vehicles that fit in this category are
existed in the early 1970’s. Due to safety snowmobile rider sits on and rides a stand-on scooters and skateboards that
concerns, the three-wheeled ATVs were snowmobile similar to an ATV. have been equipped with very small
phased-out in the mid-1980s and Snowmobiles use high-powered two- gasoline spark-ignition engines. The
replaced by the current and more and three-cylinder two-stroke engines engines used on these vehicles are
popular four-wheeled vehicle known as that look similar to off-highway typically the same as those used in
‘‘quad runners’’ or simply ‘‘quads.’’ motorcycle engines. Rather than wheels, string trimmers or other lawn and
Quads resemble the earlier three- snowmobiles are propelled by a track garden equipment, which are covered
wheeled ATVs except that the single system similar to what is used on a under the Small SI regulations. Because
front wheel was replaced with two bulldozer. The snowmobile is steered by these engines are generally already
wheels. The ATV steering system uses two skis at the front of the sled. covered by the Small SI regulations and
motorcycle handlebars, rather than a Snowmobiles use handlebars similar to are the same as, or very similar to,
steering wheel. The operator sits on and off-highway motorcycles and ATVs. The engines as those used in lawn and
rides the quad much like a motorcycle. typical snowmobile seats two riders garden applications, we are revising the
The engines used in quads tend to be comfortably. Over the years, Small SI rules to cover these engines
very similar to those used in off- snowmobile performance has steadily under the Small SI regulations. To avoid
highway motorcycles—relatively small, increased to the point that many any problems in transitioning to meet
single-cylinder two- or four-stroke snowmobiles currently have engines
emission standards, we are applying
engines. Quads are typically divided over 100 horsepower and are capable of
these standards beginning in 2006. We
into utility and sport models. The utility exceeding 100 miles per hour. The
quads are designed for multi-function did not receive any comments on this
definition for snowmobiles includes a
use and have the ability to perform approach.
limit of 1.5-meter width to differentiate
many utility functions, such as plowing conventional snowmobiles from ice- 2. What Is the Regulatory History for
snow, tilling gardens, and mowing grooming machines and snow coaches, Recreational Vehicles?
lawns in addition to use for recreational which use very different engines.
riding. They are typically heavier and There are four major snowmobile The California Air Resources Board
equipped with relatively large four- manufacturers, accounting for more (California ARB) established standards
stroke engines and automatic than 99 percent of all domestic sales. for off-highway motorcycles and ATVs,
transmissions with a reverse gear. Sport The remaining sales come from very which took effect in January 1997 (1999
quads are smaller and lighter and small manufacturers who tend to for vehicles with engines of 90 cc or
designed primarily for recreational specialize in high-performance designs. less). California has not adopted
purposes. They are equipped with two- d. Other recreational vehicles. standards for snowmobiles. The
or four-stroke engines and manual Currently, our Small SI nonroad engine standards, shown in Table III.A–1, are
transmissions. Presently utility ATVs regulations cover all recreational based on the highway motorcycle
comprise about 75 percent of the market engines that are under 19 kW (25 hp) chassis test procedures. Manufacturers
and sport models about 25 percent. and have either an installed speed may certify ATVs to optional standards,
Of all of the types of recreational governor or a maximum engine speed also shown in Table III.A–1, which are
vehicles, ATVs have the largest number less than 5,000 revolutions per minute based on the utility engine test
of major manufacturers. All but one of (rpm). Recreational vehicles currently procedure.38 This is the test procedure
the companies noted above for off- covered by the Small SI standards over which Small SI engines are tested.
highway motorcycles and below for include go-carts, golf carts, and small The stringency level of the standards
snowmobiles are significant ATV mini-bikes. Although some off-highway was based on the emission performance
producers. These seven companies motorcycles, ATVs and snowmobiles of small four-stroke engines and
represent over 95 percent of total have engines with rated horsepower less advanced two-stroke engines with a
domestic ATV sales. The remaining 5 than 19 kW, they all have maximum catalytic converter. California ARB
percent of sales come from importers, engine speeds greater than 5,000 rpm. anticipated that the standards would be
which tend to import less expensive, Thus they have not been included in the met initially by using high-performance
youth-oriented ATVs. Small SI regulations. The only other 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 ........................
38 Notice to Off-Highway Recreational Vehicle Regarding Alternate Emission Standards for All- California ARB (Docket A–2000–01, document II–
Manufacturers and All Other Interested Parties Terrain Vehicles, Mail Out #95–16, April 28, 1995, D–06).
HC + NOX CO PM
Optional standards for ATV engines below 225 cc (g/bhp–hr) ................................................... a 12.0 300 ........................
Optional standards for ATV engines at or above 225 cc (g/bhp–hr) .......................................... a 10.0 300 ........................
a Corporate-average standard.
California revisited the program distinct designs: two-stroke and four- increasing temperature and pressure
because a lack of certified off-highway stroke. The distinction between two- cause the piston to move back down the
motorcycles from manufacturers was stroke and four-stroke engines is cylinder. This is referred to as the
reportedly creating economic hardship important for emissions because two- ‘‘power’’ stroke. At the bottom of the
for dealerships. The number of certified stroke engines tend to emit much greater power stroke, an exhaust valve opens in
off-highway motorcycle models was amounts of unburned HC and PM than the combustion chamber and as the
particularly inadequate.39 In 1998, four-stroke engines of similar size and piston moves back up the cylinder, the
California revised the program, allowing power. Two-stroke engines have lower burnt gases are pushed out through the
the uncertified products in off-highway NOX emissions than do four-stroke exhaust valve to the exhaust manifold,
vehicle recreation areas with regional/ engines because they experience a and the cycle is complete.
seasonal use restrictions. Currently, significant amount of internal exhaust In a four-stroke engine, combustion
noncomplying vehicles may be sold in gas recirculation resulting from exhaust and the resulting power stroke occur
California and used in attainment areas gases being drawn back into the only once every two revolutions of the
year-round and in nonattainment areas combustion chamber on the piston’s crankshaft. In a two-stroke engine,
during months when exceedances of the downward stroke while the exhaust port combustion occurs every revolution of
state ozone standard are not expected. is uncovered. Exhaust gas is inert and the crankshaft. Two-stroke engines
For enforcement purposes, certified and displaces fresh fuel and air that could eliminate the intake and exhaust
uncertified products are identified with otherwise be combusted, which creates strokes, leaving only compression and
green and red stickers, respectively. lower in-cylinder temperatures and thus power strokes. This is due to the fact
Only about one-third of off-highway less NOX. Two-stroke engines also have that two-stroke engines do not use
motorcycles selling in California are greater fuel consumption than four- intake and exhaust valves. Instead, they
certified. All certified products have stroke engines, but they also tend to have intake and exhaust ports in the
four-stroke engines. have higher power output per-unit sides of the cylinder walls. With a two-
displacement, lighter weight, and better stroke engine, as the piston approaches
B. Engines Covered by This Rule the bottom of the power stroke, it
cold-starting performance. These, and
We are adopting new emission other characteristics, tend to make two- uncovers exhaust ports in the wall of
standards for new off-highway stroke engines popular as a power unit the cylinder. The high pressure
motorcycles, ATVs, and snowmobiles. for recreational vehicles. With the combustion gases blow into the exhaust
(We are also applying existing Small SI exception of a few youth and touring manifold. As the piston gets closer to
emission standards to other recreational models, almost all snowmobiles use the bottom of the power stroke, the
equipment, as described above.) The two-stroke engines. Currently, about 63 intake ports are uncovered, and fresh
engines used in recreational vehicles percent of all off-highway motorcycles mixture of air and fuel are forced into
tend to be small, air- or liquid-cooled, (predominantly in high-performance, the cylinder while the exhaust ports are
reciprocating Otto-cycle engines that youth, and entry-level bikes) and 20 still open. Exhaust gas is ‘‘scavenged’’ or
operate on gasoline.40 Engines used in percent of all ATVs sold in the United forced into the exhaust by the pressure
vehicle applications experience engine States use two-stroke engines. of the incoming charge of fresh air and
performance that is characterized by fuel. In the process, however, some
The basis for the differences in engine mixing between the exhaust gas and the
highly transient operation, with a wide
performance and exhaust emissions fresh charge of air and fuel takes place,
range of engine speed and load
between two-stroke and four-stroke so that some of the fresh charge is also
capability. Maximum engine speed are
engines can be found in the emitted in the exhaust. Losing part of
typically well above 5,000 rpm. Also,
fundamental differences in how two- the fuel out of the exhaust during
with the exception of snowmobiles, the
stroke and four-stroke engines operate. scavenging causes very high
vehicles are typically equipped with
Four-stroke operation takes place in four hydrocarbon emission characteristics of
transmissions rather than torque
distinct steps: intake, compression, two-stroke engines. The other major
converters to ensure performance under
power, and exhaust. Each step reason for high HC emissions from two-
a variety of operating conditions.41
corresponds to one up or down stroke stroke engines is their tendency to
1. Two-Stroke vs. Four-Stroke Engines of the piston or 180° of crankshaft misfire under low-load conditions due
The engines used by recreational rotation. The first step of the cycle is for to greater combustion instability.
vehicles can be separated into two an intake valve in the combustion
chamber to open during the intake 2. Applicability of Small SI Regulations
39 Initial
Statement of Reasons, Public Hearing to stroke, allowing a mixture of air and In our regulations for Small SI
Consider Amendments to the California Regulations fuel to be drawn into the cylinder while engines, we established criteria, such as
for New 1997 and Later Off-highway Recreational the piston moves down the cylinder. rated engine speed at or above 5,000
Vehicles and Engines, California ARB, October 23,
1998 (Docket A–2000–01, document II–D–08).
The intake valve then closes and the rpm and the use of a speed governor,
40 Otto-cycle is another name for a reciprocating, momentum of the crankshaft causes the that excluded engines used in certain
internal-combustion engine that uses a spark to piston to move back up the cylinder, types of recreational vehicles (see 40
ignite a homogeneous air and fuel mixture, in compressing the air and fuel mixture. At CFR 90.1(b)(5)). Engines used in some
which air-fuel mixing may occur inside or outside the very end of the compression stroke, other types of recreational vehicles may
the combustion chamber.
41 Snowmobiles use continuously variable the air and fuel mixture is ignited by a be covered by the Small SI standards,
transmissions, which tend to operate like torque spark from a spark plug and begins to depending on the characteristics of the
converters. burn. As the air and fuel mixture burns, engines. For example, lawnmower-type
engines used in go carts are typically We received comments from the as it is currently designed may not be
covered by the Small SI standards Outdoor Power Equipment Institute completely appropriate either. Since we
because they don’t operate above 5000 (OPEI) that the definition should be did not propose changes for the Small
rpm. Similarly, engines used in golf clarified to exclude utility vehicles. SI program which currently applies to
carts are included in the Small SI Most utility vehicles are equipped with utility vehicles and need to further
program. As discussed above, we are engines that are currently required to study the issues, we are not finalizing
revising the Small SI regulations to meet EPA Small SI standards. OPEI such changes to the Small SI program in
include all recreational engines except commented that utility vehicles are this Final Rule. We plan to continue to
those in off-highway motorcycles, designed specifically for work related study the issue and, if necessary,
ATVs, snowmobiles, and hobby engines. tasks and are equipped with seating for address it through a future rulemaking
Golf cart and go-cart engines will passengers, a bed for cargo, and riding- for the Small SI program.
remain in the Small SI program because mower-style controls. In addition to test cycle, there are
the vehicles are not designed for The industry differentiates between other reasons we plan to continue to
operation over rough terrain and do not utility vehicles based on vehicle speed. examine the appropriateness of the
meet the definition of ATV. We are The vast majority of utility vehicles are Small SI program for large ride-on
accordingly removing the 5,000 rpm and considered ‘‘low-speed utility vehicles’’ equipment. With respect to useful life,
speed governor criteria from the (LUVs) and are vehicle speed governed we are concerned that off-highway
applicability provisions of the Small SI with maximum speed of less than 25 utility vehicles may be designed to last
regulations. mph. The engines used in such vehicles significantly longer than the typical
are generally below 25 hp and are lawnmower. 40 CFR 90.105 specifies
3. Utility Vehicles typically used in other lawn and garden useful life values that vary by
or utility applications such as generators application with the longest useful life
We proposed to define ATV as a
or lawn tractors. The engines differ being 1000 hours. It is not clear that this
‘‘nonroad vehicle with three or more
significantly from those used in maximum value is high enough to
wheels and a seat designed for operation
recreational products which are address the expected life of in-use off-
over rough terrain and intended
designed for higher rpm operation with highway utility vehicles, especially
primarily for transportation’’, and that it
an emphasis on higher performance. those that are used commercially.
would include ‘‘both land-based and
OPEI also provided comment on a Finally, with respect to the level of the
amphibious vehicles’’. We requested newer type of utility vehicle, which
comment on the proposed definition standards, we are concerned about the
uses a more powerful (over 19kW) ATV- relative stringency of the Small SI
and based on comments, we are based engine and is capable of speeds of
modifying the definition to clearly standards relative to the long-term
up to 40 mph. standards for ATVs and other nonroad
exclude utility vehicles not capable of We are finalizing the approach
reaching 25 mph. Utility vehicles differ vehicles. Nevertheless, given the low-
described. The engines used in low-
from ATVs in several ways. As stated speed operation of these vehicles, and
speed utility vehicles are more similar
earlier, an ATV is operated and ridden other differences, we do not believe that
in design and use to utility engines than
very similar to a motorcycle, with the they should be treated the same as
ATVs. The engines used to power these
rider straddling the seat and using higher speed ATVs. We did not propose
vehicles are often used in other utility
handlebars to steer the vehicle. The applications, such as lawn and garden changes for the Small SI program to
throttle and brakes are located on the tractors and generators and are typically address the above issues and need to
handle bars, similar to a motorcycle and produced by companies that specialize study them further. However, these
snowmobile. Utility vehicles look and in utility and lawn equipment rather vehicles are unique in many ways, and
operate very similarly to golf carts. The than power sport vehicles. These should be addressed in a future
operator sits on a bench seat with a back products are already certified to the rulemaking.
support that holds two or more Small SI standards. Given the utility nature of the low-
passengers. Rather than handlebars, However, we have some concerns speed vehicles, we believe that at least
utility vehicles use a steering wheel and with continuing to use the Small SI for now, it is appropriate to continue to
have throttle and brake pedals on the program test cycle for engines used in certify them under 40 CFR part 90. For
floor, similar to an automobile. Utility applications that operate at broad vehicles capable of higher speeds (e.g.,
vehicles also typically have a cargo box engine speeds. The cycle was developed greater than 25 mph), the engine designs
or bed (similar to that found on a pick- primarily for push lawnmowers and and vehicle in-use operation is likely to
up truck) used for hauling cargo. We other equipment that operates in a be more like ATVs. The test procedures
define an off-highway utility vehicle as narrow band of engine speeds. The and standards for ATVs will better fit
a ‘‘nonroad vehicle that has four or more Small SI test cycle measures emissions these high speed vehicles than those in
wheels, seating for two or more persons, only at a single high engine speed. We the Small SI program. For regulatory
is designed for operation over rough are concerned that the Small SI test purposes, we are defining an off-
terrain, and has either a rear payload of cycle may not achieve the same highway utility vehicle as a nonroad
350 pounds or more or seating for six or emission reductions for off-highway vehicle that has four or more wheels,
more passengers.’’ We are requiring utility vehicles in use as it would for seating for two or more persons, is
utility vehicles capable of high speed lawnmowers, especially as more designed for operation over rough
operation (speeds greater than 25 mph) stringent standards go into effect. The terrain, and has either a rear payload
to meet ATV standards. For utility concern also applies to other large ride- capacity of 350 pounds or more or total
vehicles that are permanently governed on equipment in the Small SI program, seating for six or more passengers.
and not capable of reaching 25 mph, such as riding lawn mowers, where 4. Hobby Engines
manufacturers must either continue to engine speed is inherently variable.
certify them to the Small SI standards While the ATV program may not be The Small SI rule categorized spark-
(or Large SI standards, if applicable) or appropriate for these low-speed utility ignition engines used in model cars,
optionally certify them to the new ATV applications due to operating and boats, and airplanes as recreational
standards. design differences, the Small SI program engines and exempted them from the
Small SI program.42 We are continuing engines used in other recreational or minuscule (we estimate that spark-
to exclude hobby engines from the utility engine applications. While some ignition hobby engines as a whole
Small SI program because of significant of the basic components such as pistons account for less than 30 tons of HC
engine design and use differences. We may be similar, the materials, airflow, nationally per year, much less than 0.01
also believe that hobby engines are cooling, and fuel delivery systems are percent of mobile source HC
substantially different than engines used considerably different.46 47 Some spark- emissions).48
in recreational vehicles and, as ignition model engines are scale replicas In addition, hobby engines differ
proposed, we are not including spark- of multi-cylinder aircraft or automobile significantly in their in-use operating
ignition hobby engines in this final rule. engines and are fundamentally different characteristics compared to small utility
We received no comment on our than spark-ignition engines used in engines and other recreational vehicle
proposed treatment of hobby engines or other applications. Model-engine engines. It is unclear if the test
any additional information on their manufacturers often select lighter- procedures developed and used for
design or use. weight materials and simplified designs other types of spark-ignition engine
There are about 8,000 spark-ignition to keep engine weight down, often at the applications would be sufficiently
engines sold per year for use in scale- expense of engine longevity. Hobby representative or even technically
model aircraft, cars, and boats.43 This is engines use special ignition systems practical for hobby engines. We are not
a very small subsection of the overall designed specifically for the application aware of any efforts to develop an
model engine market, most of which are to be lighter than those used in other emission test cycle or conduct any
glow-plug engines that run on a mix of applications. To save weight, hobby emission testing of these engines. Also,
castor oil, methyl alcohol, and nitro engines typically lack pull starters that because installing, optimizing,
methane.44 A typical spark-ignition are found on other engines. Hobby maintaining, and repairing the engines
hobby engine is approximately 25 cc engines must be started by spinning the are as much a part of the hobby as
with a horsepower rating of about 1–3 propeller. In addition, the models operating the engine, emission
hp, though larger engines are available. themselves vary significantly in their standards could fundamentally alter the
These spark-ignition engines are design, introducing packaging issues for hobby itself. Engines with emission-
specialty products sold in very low engine manufacturers. control systems would be more complex
volumes, usually not more than a few We are not including spark-ignition and the operator would need to be
hundred units per engine line annually. hobby engines in the recreational careful not to make changes that would
Many of the engines are used in model vehicles program. The engines differ cause the engine to exceed emission
airplanes, but they are also used in other significantly from other recreational standards. EPA will continue to review
types of models such as cars and boats. engines in their design and use, as noted these issues, as necessary, in the future
These engines, especially the larger above. Emission-control strategies and reconsider adoption of regulations
displacement models, are frequently envisioned for other recreational if appropriate.
used in competitive events by vehicles may not be well suited for
5. Competition Exemptions
experienced operators. The racing hobby engines because of their design,
weight constraints, and packaging a. Off-Highway motorcycles.
engines sometimes run on methanol Currently, a large portion of off-highway
instead of gasoline. In addition, the limitations. Approaches such as using a
four-stroke engine, a catalyst, or fuel motorcycles are designed as
engines are usually installed and competition/racing motorcycles. These
adjusted by the hobbyist who selects an injection all would involve increases in
weight, which would be particularly models often represent a manufacturer’s
engine that best fits the particular model high-performance offerings in the off-
being constructed. problematic for model airplanes. The
feasibility of these approaches for these highway market. Most such motorcycles
The average annual hours of operation are of the motocross variety, although
has been estimated to be about 12.2 engines is questionable. Reducing
emissions, even if feasible, would likely some high-performance enduro models
hours per year.45 The usage rate is very are marketed for competition use.49 50
low compared to other recreational or involve fundamental engine redesign
and substantial R&D efforts. The costs of These high-performance motorcycles are
utility engine applications due to the
nature of their use. Much of the hobby achieving emission reductions are likely 48 For further information on the feasibility,
revolves around building the model and to be much higher per engine than for emission inventories, and costs, see ‘‘Analysis of
preparing the model for operation. The other recreational applications because Spark Ignition Hobby Engines’’, Memorandum from
engine and model must be adjusted, the R&D costs would be spread over Chris Lieske to Docket A–2000–01, document II–G–
very low sales volumes. The cost of 144.
maintained, and repaired between uses. 49 A motocross bike is typically a high-
Spark-ignition model engines are fundamentally redesigning the engines
performance off-highway motorcycle that is
highly specialized and differ could double the cost of some engines. designed to be operated in motocross competition.
By contrast, because of their very low Motocross competition is defined as a circuit race
significantly in design compared to
sales volumes, annual usage rates, and around an off-highway closed-course. The course
relatively short engine life cycle, spark- contains numerous jumps, hills, flat sections, and
42 80FR 24292, April 25, 2000. bermed or banked turns. The course surface usually
43 Comments submitted by Hobbico on behalf of ignition hobby engine emission consists of dirt, gravel, sand, and mud. Motocross
Great Plains Model Distributors and Radio Control contributions are extremely small bikes are designed to be very light for quick
Hobby Trade Association, February 5, 2001, Docket compared to recreational vehicles. The handling and easy maneuverability. They also come
A–2000–01, document II–D–58. with large knobby tires for traction, high fenders to
44 Hobby engines with glow plugs are considered
emission reductions possible from
protect the rider from flying dirt and rocks,
compression-ignition (diesel) engines because they regulating such engines would be aggressive suspension systems that allow the bike
lack a spark-ignition system and a throttle (see the to absorb large amounts of shock, and are powered
definition of compression-ignition, 40 CFR 89.2). 46 E-mail from Carl Maroney of the Academy of by high-performance engines. They are not
The nonroad diesel engine regulations 40 CFR part Model Aeronautics to Christopher Lieske, of EPA, equipped with lights.
89 generally do not apply to hobby engines, so these June 4, 2001, Docket A–2000–01, document II–G– 50 An enduro bike is very similar in design and
engines are unregulated. 144. appearance to a motocross bike. The primary
45 Comments submitted by Hobbico on behalf of 47 Comments submitted by Hobbico on Behalf of difference is that enduros are equipped with lights
Great Plains Model Distributors and Radio Control Great Plains Model Distributors and Radio Control and have slightly different engine performance that
Hobby Trade Association, February 5, 2001, Docket Hobby Trade Association, February 5, 2001, Docket is more geared towards a broader variety of
A–2000–01, document II–D–58. A–2000–01, document II–D–58. operation than a motocross bike. An enduro bike
largely powered by two-stroke engines, competition bikes for recreational participants. We are therefore confident
though some four-stroke models have operation.52 We believe these features that, although we are excluding a high
been introduced in recent years. are sufficient in distinguishing percentage of off-highway motorcycles
Competition events for motocross competition motorcycles from as being competition machines, the
motorcycles mostly involve closed- recreational motorcycles. Therefore, we criteria laid out above are indicative of
course or track racing. Other types of are specifically adopting the following motorcycles used solely for competition.
off-highway motorcycles, such as features as indicative of motorcycles However, we do recognize that it is
enduros and trials bikes, are usually used solely for competition: absence of possible that some competition
marketed for trail or open-area use. a headlight or other lights; the absence motorcycles will be used for
When used for competition, these of a spark arrester; suspension travel recreational purposes. We are therefore
models are likely to be involved in greater than 10 inches; an engine adopting a provision within the
point-to-point competition events over displacement greater than 50 cc; regulations that allows the Agency to
trails or stretches of open land. There absence of a manufacturer warranty; deny a manufacturer’s claim for
are also specialized off-highway and the absence of a functional seat. exemption from the standards for any
motorcycles that are designed for Manufacturers must specifically models, including models that meet the
competitions such as ice racing, drag request and receive an exemption from six specified criteria, where other
racing, and observed trials competition. EPA to sell off-highway motorcycles information is available that indicates
A few races involve professional without a certificate under the these off-highway motorcycle models
manufacturer-sponsored racing teams. competition exemption. Vehicles not are not used solely for competition. This
Amateur competition events for off- meeting the applicable criteria listed same provision allows the Agency to
highway motorcycles are also held above will be exempted only in cases deny claims for exemptions in later
frequently in many areas of the U.S. where the manufacturer has clear and years even if they had been granted
Clean Air Act subsections 216 (10) convincing evidence that the vehicles previously. Examples of this type of
and (11) exclude engines and vehicles for which the exemption is being sought information can be state registration
‘‘used solely for competition’’ from will be used solely for competition. data that indicate a significant number
nonroad engine and nonroad vehicle Examples of this type of evidence may of competition exempt models being
regulations. In the proposal we stated be technical rationale explaining the registered to operate on public lands.
that in previous nonroad engine differences between a competition and Off-highway competition motorcycles
emission-control programs, we have non-competition motorcycle, marketing designed for motocross competition are
generally defined the term as follows: and sales information indicating the not typically required to be registered
Used solely for competition means intent of the motorcycle for competition with states, since most motocross
exhibiting features that are not easily purposes, and survey data from users competitions occur on closed-circuit
removed and that would render its use indicating the competitive nature of the courses on private, not public land, and
other than in competition unsafe, motorcycle. motocross machines lack spark arresters
impractical, or highly unlikely. Although there are several features which are required to operate on public
Most motorcycles marketed for that generally distinguish competition land. We believe the possibility of
competition do not appear to have motorcycles from recreational losing an exemption for competition
obvious physical characteristics that motorcycles, several parties have motorcycles will encourage
constrain their use solely to commented that they believe manufacturers to take proper actions in
competition. In fact, they are usually motorcycles designed for competition promoting, marketing, and guaranteeing
sold by dealers from the showroom use are also used for recreational that competition machines are sold to
floor. Upon closer inspection, however, purposes, rather than solely for those individuals who will use them
there are several features and competition. This is of particular solely for competition.
characteristics for many competition concern because competition b. Snowmobiles and ATVs.
motorcycles that make recreational use motorcycles represent about 29 percent Snowmobiles and ATVs are also used in
unlikely. For example, motocross bikes of total off-highway motorcycle sales or competition events; however, the
are not equipped with lights or a spark approximately 43,000 units per year. percentage of snowmobiles or ATVs
arrester, which prohibits them from However, a study on the used solely for competition is not nearly
legally operating on public lands (such characterization of off-highway as large as that for off-highway
as roads, parks, state land, and federal motorcycle usage found that there are motorcycles. Since snowmobile and
land).51 Vehicle performance of modern numerous—and increasingly popular— ATV competition have typically not
motocross bikes is so advanced (for amateur off-highway motorcycle been as popular as off-highway
example, with extremely high power-to- competitions across the country, motorcycle competitions, there has not
weight ratios and advanced suspension especially motocross.53 The estimated been the demand for competition
systems) that it is highly unlikely that number of off-highway motorcycle machines that exists with off-highway
these machines will be used for competitors is as high as 80,000. Since motorcycles. As a result, manufacturers
recreational purposes. In addition, it is very common for competitive riders have not manufactured and sold directly
motocross and other competition off- to replace their machines every one to from their dealers competition
highway motorcycles typically do not two years, the sale of 43,000 off- snowmobiles and ATVs like they have
come with a warranty, which further highway competition motorcycles off-highway motorcycles. Most
deters purchasing and using appears to be a reasonable number, snowmobiles and ATVs used in
considering the number of competitive competition events are modified
needs to be able to cruise at high speeds as well recreational vehicles, rather than stock
as operate through tight woods or deep mud. 52 Most manufacturers of motocross racing racing machines bought directly from
51 A spark arrester is a device located in the end motorcycles do not offer a warranty. Some the dealer, as is the case with off-
of the tailpipe that catches carbon sparks coming manufacturers do, however, offer very limited (1 to highway motorcycles. As a result, there
from the engine before they get out of the exhaust 3 months) warranties under special conditions.
system. This is important when a bike is used off- 53 ‘‘Characterization of Off-Road Motorcycle Use,’’ isn’t the same concern over potential
highway, where hot carbon sparks falling in grassy ICF Consulting, September 2001, A–2000–1 misuse of competition snowmobiles and
or wooded areas could result in fires. document II–A–81. ATVs for recreational purposes.
Competition snowmobiles and ATVs manufacturers choose to employ to meet Two-stroke engines emit extremely low
aren’t currently sold directly at the emission standards overall. HC levels of NOX. Four-stroke engines, on
dealership. Therefore, manufacturers emissions can be reduced substantially the other hand, have higher NOX
can receive a competition exemption by switching from two-stroke to four- emission levels, in the range of 0.3 g/km
from EPA for snowmobiles and ATVs stroke engines. Four-stroke engines are on average. This is part of the reason
meeting all of the following criteria: the very common in off-highway motorcycle why we proposed a somewhat higher
vehicle or engine may not be displayed applications. Approximately 55 percent numeric standard compared to
for sale in any public dealership; sale of of non-competition off-highway California.
the vehicle must be limited to motorcycles are four-stroke. The California standards, which were
professional racers or other qualified Certification results from California adopted in 1994, were stringent enough
racers; and the vehicle must have ARB’s emission-control program for off- that manufacturers were unable to
performance characteristics that are highway motorcycles, combined with certify several models of off-highway
substantially superior to noncompetitive our own baseline emission testing, motorcycles, even some with four-stroke
models. provides ample data on the emission- engine technology. The result was a
As with off-highway motorcycles, control capability of four-stroke engines substantial shortage of products for
snowmobiles and ATVs not meeting the in off-highway motorcycles. Off- dealers to sell in California. The
applicable criteria listed above will be highway motorcycles certified to shortage led California to change their
exempted only in cases where the California ARB standards for the 2000 program to allow manufacturers to sell
manufacturer has clear and convincing model year have HC certification levels noncompliant off-highway motorcycles
evidence that the vehicles for which the ranging from 0.4 to 1.0 g/km. These under some circumstances. As a result,
exemption is being sought will be used motorcycles have engines ranging in approximately a third of the off-highway
solely for competition. We are also size from 48 to 650 cc; none of these use motorcycles sold in California are
adopting the same provision as for off- catalysts. compliant with the standards. The
highway motorcycles within the The emission standards for off- uncertified models being sold in
regulations that allows the Agency to highway motorcycles take effect California include both two-stroke and
deny a manufacturer’s claim for beginning in the 2006 model year. We four-stroke machines.
exemption from the standards for any will allow a phase-in of 50-percent EPA received comments from dealers
models where other information is implementation in the 2006 model year and consumers concerned that a similar
available that indicates these with full implementation in 2007. These shortage could arise nationwide if EPA
snowmobiles and ATVs models are not standards apply to testing with the adopted the California standards. EPA
used solely for competition. As with off- highway motorcycle Federal Test shared this concern and proposed
highway motorcycles, this same Procedure (FTP) test cycle. For HC+NOX standards that were somewhat less
provision allows the Agency to deny emissions, the standard is 2.0 g/km (3.2 stringent than that of California, based
claims for exemptions in later years g/mi). For CO emissions, the standard is on test data from high-performance four-
even if they had been granted 25.0 g/km (40.5 g/mi). Both of these stroke machines. We are finalizing this
previously. standards are based on averaging with a approach to ensure the four-stroke
cap on the Family Emission Limit (FEL) technology can be implemented broadly
C. Emission Standards of 20 g/km for HC+NOX and 50 g/km for across the product line in the 2006 time-
1. What Are the Emission Standards and CO. Banking and trading provisions are frame. Although the approach we are
also included in the program, as finalizing contains somewhat less
Compliance Dates?
described in Section III.C.2. These stringent standards than the California
a. Off-highway motorcycles. We are emission standards allow us to set near- program, we believe it will achieve
adopting HC plus NOX and CO term requirements to introduce the low- reductions beyond that of the California
standards for off-highway motorcycles. emission technologies for substantial program because more products will be
We expect the largest benefit to come emission reductions with minimal lead certified (even when the competition
from reducing HC emissions from two- time. We expect manufacturers to meet exemption is taken into account). The
stroke engines. Two-stroke engines have these standards using four-stroke vast majority of the HC reductions
very high HC emission levels. Baseline engines with some low-level achieved by the program come from
NOX levels are relatively low for engines modifications to fuel-system shifting away from conventional two-
used in these applications and therefore calibrations. These systems are similar stroke engines which have HC
including NOX in the standard serves to those used for many years in highway emissions levels in the range of 35 g/km.
only to cap NOX emissions for these motorcycle applications, but with less The 2.0 g/km standard represents about
engines. Comparable CO reductions can overall sophistication for off-highway a 95-percent reduction in emissions for
be expected from both two-stroke and applications. these vehicles.
four-stroke engines, as CO levels are We received comments from several If we were to go beyond this level of
similar for the two engine types. We are states and environmental groups reduction, manufacturers would need to
also adopting averaging, banking and encouraging us to harmonize our off- employ on a widespread basis
trading provisions for off-highway highway motorcycle standards with additional technology that presents
motorcycles, as discussed below. California. The comments focused on significant technical issues concerning
In the current off-highway motorcycle the perceived difference in stringency their application to off-highway
market, consumers can choose between between the two programs. For motorcycles given their extreme usage
two-stroke and four-stroke models in California, the standard is an HC-only patterns and issues such as safety,
most sizes. Each engine type offers standard of 1.2 g/km. Our standard is a packaging, and weight. For example,
unique performance characteristics. HC+NOX standard of 2.0 g/km. We technologies such as electronic fuel
Some manufacturers specialize in two- believe it is prudent to set a HC+NOX injection and secondary air injection
stroke or four-stroke models, while standard in lieu of a HC-only standard raise concerns about their durability and
others offer a mix of models. The HC since the main emission-control strategy reliability in the harsh operating
standard is likely to be a primary is expected to be the use of four-stroke environments to which off-highway
determining factor for what technology engines in lieu of two-stroke engines. motorcycles are sometimes exposed.
The use of catalytic converters poses standards for non-handheld Class I baseline HC and CO emissions in excess
concerns over packaging, durability and engines. These youth-oriented models of 50 g/km and 40 g/km, respectively.
safety. Off-highway motorcycles are may not be able to operate over the FTP We believe it is appropriate to provide
very light and narrow. These attributes due to the higher speeds of the test an avenue for the development and
are necessary for operating through tight cycle. We did not receive comment on voluntary certification of clean
forest trails and other harsh conditions. this provision. competition motorcycles. Therefore, we
This leaves little room for packaging a are finalizing an optional set of
Optional Standards
catalyst so that it won’t be damaged standards for off-highway motorcycles
from engine vibration, shock resulting During the comment period, we of 4.0 g/km HC+NOX and 35.0 g/km CO.
from jumps and hopping logs, and received several comments expressing For manufacturers to utilize this option,
falling over and hitting objects, such as concern that our proposed standard of however, they must certify all of their
trees and rocks. These technologies may 2.0 g/km HC+NOX for off-highway models, including their competition
become compatible for off-highway motorcycles would effectively prohibit models, to the optional standards. To
motorcycles in the future, but we do not the use of two-stroke engines in non- qualify for this option, a manufacturer
believe that it is appropriate to competition applications. These engines must show that ten percent or more of
promulgate emission standards based on currently have typical HC+NOX levels of their sales would otherwise meet the
these technologies at this time, given the about 35 g/km. The commenters argued competition definition.
technical problems currently associated that two-stroke engines possess several
The optional standard was derived
with their use. Four-stroke engine unique attributes, such as high power
and light weight, that make two-stroke from the fact that non-competition four-
technology has advanced considerably stroke engines can meet a 2.0 g/km level
since the California regulations went powered off-highway motorcycles more
desirable to some operators, especially and competition two-stroke machines
into effect. Manufacturers are now with advanced direct fuel-injection
capable of offering four-stroke engines smaller, lighter riders, than heavier four-
stroke powered off-highway technology could meet a 8.0 g/km level.
that provide excellent performance. Since approximately one-third of the
This performance can be achieved only motorcycles.
We also received comments from total off-highway motorcycle fleet are
as long as manufacturers are allowed to competition machines and the other
operate four-stroke engines with a several states and environmental
organizations expressing strong concern two-thirds would be non-competition
slightly rich air and fuel mixture, which
over the number of competition off- four-stroke recreational machines, the
can result in somewhat higher HC and
highway motorcycles that would be weighting of the 2.0 g/km level by two-
CO emissions. Although the standards
exempt from our regulations as a result thirds and the 8.0 g/km level by one-
we are setting are higher than those in
of our competition exemption. They felt third results in a weighted standard of
California, we believe they will require
that people purchasing exempt 4.0 g/km. This presumes that emissions
four-stroke engines that are well
competition motorcycles would use from four-stroke engines will not
calibrated for emissions control without
them for recreational purposes instead increase under this option and that non-
significantly sacrificing performance.
of solely for competition. competition engines will be almost
For these reasons, we believe the
standards we are establishing are One manufacturer indicated that they exclusively four-stroke engines. These
appropriate. were planning on building high- assumptions are discussed below. The
As discussed above in Section III.B.5, performance off-highway motorcycles significant reductions in otherwise
the Clean Air Act requires us to exempt equipped with direct fuel-injection two- unregulated competition engines means
from emission standards off-highway stroke engines that would potentially be that this option should produce even
motorcycles used for competition. We capable of meeting a HC+NOX standard greater overall reductions than the base
expect several competition two-stroke of 4.0 g/km. To enable use of this 2.0 g/km standard. We recognize that for
off-highway motorcycle models to technology, they suggested that we some manufacturers this program will
continue to be available. We are should adopt a standard of 4.0 g/km increase opportunities to make a limited
concerned that setting standards as instead of the proposed standard of 2.0 number of non-competition recreational
stringent as California’s would result in g/km. The commenter believes that two-stroke machines; however, we
a performance penalty for some four- direct injection could be used to make believe that the number of two-stroke
stroke engines that would be clean competition machines and also non-competition engines developed
unacceptable to the consumers. This argued that the technology is robust and under this program will be limited by
could encourage consumers who want not as susceptible to user modifications the fact that the required technology
performance-oriented off-highway as other technologies such as catalysts. (direct fuel-injection) would be too
motorcycles to purchase competition The commenter wanted an opportunity expensive and complex for the
vehicles (and use them recreationally) to develop and certify their product recreational motorcycle market. The
in lieu of purchasing compliant because it perceives a benefit to the majority of non-competition recreational
machines that don’t provide the desired purchaser not only in performance but off-highway motorcycles that use two-
performance. We believe that our also in the ability for the owner to resell stroke engines are entry-level and youth
emission standards will allow the the competition vehicle into the motorcycles, where cost and simplicity
continued advancement of four-stroke secondary market without concerns are important factors. There is also the
technology and properly considers about potential misuse. In addition, the fact that for every two stroke non-
available emission-control technology owner would be able to use the vehicle competition engine manufactured under
while taking vehicle performance into both for competition and recreation. this program, a manufacturer must make
consideration and avoiding significant It is clear that if manufacturers were one less competition engine or must
adverse impacts on performance. able to certify and bring to market clean make more four-stroke engines. Further,
As proposed, we are also finalizing an competition machines as described by we believe that any increase in the
option allowing off-highway the commenter, significant reductions in number of non-competition two-stroke
motorcycles with an engine emissions would be gained over engines is justified given the fact that
displacement of 50 cc or less to be conventional two-stroke technology. this program will overall bring levels
certified using the Small SI emission Some competition models we tested had from off-highway engines down
considerably and the fact that the are convinced that there will be no way of taking advantage of the averaging
technology needed to reduce emissions backsliding of emissions control for program in this way would be for a
from competition machines will only be motorcycles using four-stroke engines, manufacturer to maximize its sales of
made available and used if, under this because the dirtiest of the four-stroke four-stroke models as part of its sales
optional approach, manufacturers have models tend to be competition mix, and average the emissions from
an incentive to use the technologies. machines, and our emissions testing these engines against the higher
One major incentive in using this indicates that competition four-stroke emissions of the two-stroke competition
approach is the fact that once these off-highway motorcycles have HC+NOX engines which still would need to be
machines are certified, a consumer will emission levels below 2.0 g/km. Since much cleaner than if they were
be able to use these machines legally for these motorcycles are optimized for unregulated. This approach therefore
non-competition uses, which increases power and racing conditions, there is no requires the substantial use of cleaner
the value of the competition machines. incentive for manufacturers to increase four-stroke technologies while at the
This approach thus will also reduce the HC+NOX emissions from their current same time encouraging manufacturers to
incentive for manufacturers to levels. In fact, increasing the emission substantially reduce emissions from
manufacturer all of their two-stroke levels would mean increasing the air-to- motorcycles that would otherwise be
machines as competition machines to fuel mixture, which would tend to unregulated competition motorcycles.
avoid regulation, and thus reduce the reduce the engines performance. We have capped the emissions levels at
incentive for users to circumvent the As with the primary program, these 8.0 g/km HC+NOX because we want to
regulations. This may mean that any optional standards would take effect in ensure that products certified under this
increase in two-stroke non-competition 2006 with 50-percent implementation option provide large emissions
engines under this approach would not and full implementation in 2007 and reductions compared to baseline levels
lead to an increase in total two-stroke manufacturers could switch between the and that the option provides
sales, because manufacturers will not options from model year to model year. environmental benefits in all cases.
have an incentive to increase the The HC+NOX standard can be met Competition motorcycles certified to the
number of two-stroke competition through averaging with some families 8.0 g/km level would continue to
vehicles to avoid regulation. certified above the standards and some provide over a 75-percent reduction in
We believe this approach is below. If averaging is used, the FEL cap HC emissions over baseline levels.
responsive to all of the above comments. would be 8.0 g/km. One of the challenges facing
It directly addresses the concerns of the We are retaining the averaging manufacturers selecting this option is
manufacturer developing the new approach for this option because it may the potentially high CO emissions from
competition motorcycle and also helps be a critical flexibility for manufacturers competition machines. We tested
address the concerns of users, states, pursuing clean competition products. competition models and found CO
and environmental groups. The The commenter based its emissions to be in the range 25 to 50 g/
successful development and recommendation for a 4.0 g/km standard km. Although this option contains a
certification of clean competition on their projections for a single somewhat higher CO standard (35 g/km
models increases the choices for prototype model equipped with a compared to 25 g/km) than the base
consumers in the marketplace. Offered medium sized engine. This engine is in program, manufacturers are still
the option of a certified high- the early stages of development and expected to need to control CO
performance two-stroke off-highway there is some uncertainty as to what emissions through tight engine
motorcycle that can be used both for emissions level the final product can calibrations. We are not including
competition and recreation, consumers achieve. Also, manufacturers may want averaging for the less stringent CO
may not feel the need to purchase to apply their approach to other engines standard. As noted by the manufacturer
exempt competition motorcycles. This that may not be able to achieve this supporting the 4.0 g/km option, direct
option has the potential to significantly same level of control. Manufacturers injection technology is likely to reduce
decrease the number of conventional could find that they can produce CO from two-stroke engines. We believe
two-stroke competition machines sold competition products that are very clean that through proper calibration, the 35
under the competition exemption and is relative to the baseline but with higher g/km standard will be achievable and
likely to decrease the potential for emissions than 4.0 g/km. For example, will not significantly impede
misuse of competition machines. larger engine sizes could have emissions manufacturers in selecting this option.
Conventional competition two-stroke levels somewhat higher than the 4.0 g/ b. ATVs. We are adopting HC plus
motorcycles generate extremely high km suggested by the commenter. We are NOX and CO standards for ATVs. We
levels of HC emissions, as noted above. not satisfied at this time that two-stroke expect the largest benefit to come from
For every conventional two-stroke off-highway motorcycles, particularly reducing HC emissions from two-stroke
competition machine replaced by a those used in competition could meet engines. Two-stroke engines have very
certified competition machine, HC the 4.0 g/km standard, especially high HC emission levels. Baseline NOX
emissions would be reduced by 80 considering the special performance levels are relatively low for engines
percent, or more. needs of competition motorcycles. used in these applications and therefore
While the 4.0 g/km standard is higher Therefore, rather than keeping a 2.0 g/ including NOX in these standards serves
than the 2.0 g/km standard contained in km standard for four-stroke engines and only to cap NOX emissions for these
the base program, we do not expect any having a standard higher than 4.0 g/km engines. Comparable CO reductions can
loss in emissions reductions from four- for two-stroke engines (a standard as be expected from both two-stroke and
stroke models. We continue to believe high as 8.0 g/km might be appropriate), four-stroke engines, as CO levels are
most off-highway motorcycles will we are using a 4.0 g/km standard that similar for the two engine types. We are
continue to be powered by four-stroke permits averaging. Averaging provides also adopting averaging, banking and
engines. Most non-competition off- flexibility for manufacturers to bring trading provisions for ATVs, as
highway motorcycles are already four- cleaner two-stroke, particularly cleaner discussed below.
stroke motorcycles, and the trend competition two-stroke, engines to In the current ATV market, consumers
towards four-stroke is continuing even market without creating a disincentive can choose between two-stroke and
in the absence of these regulations. We to building four-stroke engines. One four-stroke models, although the
majority, approximately eighty-percent impediment to meeting the HC+NOX California requirements is valued by
of sales, are four-stroke. Each engine standard. They suggested a level of 50.0 industry because it allows the
type offers unique performance g/km. development and production of one
characteristics. Some manufacturers We have decided to finalize only one emission-control technology per model/
specialize in two-stroke or four-stroke set of HC+NOX emission standards for family. However, in a few cases, we
models, but most manufacturers offer a the 2006 model year that are essentially expect emissions reductions under the
mix of models. The HC standard is equivalent to the California standard. EPA program that go beyond that of the
likely to be a primary determining factor The emission standards for ATVs take California program because California
for which technology manufacturers effect beginning in the 2006 model year. allows the sale of uncertified ATVs,
choose to employ to meet emission We will allow a phase-in of 50-percent including two-stroke models, under
standards overall. HC emissions can be implementation in the 2006 model year their red sticker provisions. With the
reduced substantially by switching from with full implementation in 2007. These exception of competition exempt ATVs,
two-stroke to four-stroke engines. standards apply to testing with the all ATV models subject to the EPA
Certification results from California highway motorcycle Class I FTP test program will need to be certified. We
ARB’s emission-control program for cycle. For HC+NOX emissions, the expect manufacturers to meet these
ATVs, combined with our own baseline standard is 1.5 g/km (2.4 g/mi). The standards using four-stroke engines with
emission testing, provides ample data California program has a HC-only some modifications to fuel-system
on the emission-control capability of standard of 1.2 g/km. We have made the calibrations and some limited use of
four-stroke engines in ATVs. standard 1.5 g/km to account for NOX secondary air systems. These systems
In the proposal we included two emissions. For CO emissions, we agree are similar to those used for many years
phases of ATV standards. The first with manufacturers that CO standards in highway applications, but will likely
phase of standards, 2.0 g/km HC+NOX can make it more difficult to meet the require lesser sophistication than used
and 25 g/km CO, was proposed to be HC+NOX standard. Based on our in highway motorcycle applications.
phased in at 50 percent of production in emission test data, we feel that a In addition to being consistent with
2006 with the remainder phased-in for standard of 35.0 g/km (56.4 g/mi) is the California standards, we feel the 1.5
2007. We proposed a second set of more appropriate than the 25.0 g/km g/km HC+NOX standard is more
standards that included a more stringent standard we proposed or the 50.0 g/km appropriate than the proposed 2.0 g/km
1.0 g/km HC+NOX standard with no standard suggested by the standard because our testing has shown
change to the CO standards. It was to be manufacturers. A standard of 35.0 g/km that emission levels from four-stroke
met in 2009/2010 using the same 50- will still result in an overall reduction ATVs can vary considerably. We stated
percent and 100-percent phase-in in CO emissions from high emitting in the proposed rule that a standard of
scheme as Phase 1. We proposed that ATVs, but will also allow manufacturers 2.0 g/km HC+NOX would be a four-
both phases of HC+NOX standards could to balance CO control with the need to stroke enforcing standard, which would
be met through averaging. meet stringent NOX levels. The HC+NOX most likely result in the elimination of
We received comments from several standard may be met through averaging. any two-stroke engines, but not
environmental groups stating that we Banking and trading provisions for necessarily require any additional
should harmonize our Phase 1 standards HC+NOX are also being included in the control from the four-stroke engines. As
with the California FTP-based program, as discussed in C.2., below. stated above, a standard of 1.5 g/km
standards. Manufacturers did not Our decision to finalize a 1.5 g/km HC+NOX will require the use of engine
comment on the level of our proposed value rather than the 2.0 g/km value is technology changes and add-on devices
Phase 1 HC+NOX standards. However, consistent with the manufacturers such as secondary air systems, which
in a letter sent to the Agency in August technical capability in the 2006/2007 are clearly available for ATV application
6, 2001, just before we published the time-frame. The 1.5 g/km HC+NOX and in this time frame.
proposal, the Motorcycle Industry 35 g/km CO standards require the use of At this point, we do not believe it is
Council stated that the most cost- engine technology changes and add-on appropriate to promulgate Phase 2
effective approach to setting standards devices such as secondary air systems, standards. In the proposal, we projected
for ATVs would be to adopt the which are clearly available for ATV significant use of secondary air systems
California HC standards of 1.2 g/km. application in this time frame. We and catalysts for meeting the Phase 2
They did comment on the fact that proposed a 1.0 g/km HC+NOX standard standards. Since that time, we have
almost all of the CO nonattainment for a 2009/2010 phase-in which could been conducting testing on ATVs with
areas identified in the Draft Regulatory require use of catalytic converter the type of catalysts and secondary air
Support Document are now in technology in many models of ATVs. As systems we envisioned for the Phase 2
compliance and that ATV activity is discussed below, we are not finalizing standards to demonstrate feasibility.
typically so far removed from congested that proposal now, and thus find it However, the testing we have done to
urban areas, that we should delete the appropriate to finalize more stringent date has not been sufficient to reach an
proposed CO standard.54 Manufacturers Phase 1 standards which are affirmative conclusion on the feasibility
stated generally that CO standards will technologically feasible and otherwise of the Phase 2 standards. Testing with
make it more difficult to meet the consistent with statutory criteria related secondary air systems and catalysts
HC+NOX standards but did not provide to cost, safety, noise, and energy have not shown consistent results and
additional specific comments on the considerations. we have had only partial success in
feasibility or costs of the CO level Aligning our emission standards with
demonstrating the feasibility of the
proposed. In subsequent meetings with those currently in place in California
proposed Phase 2 standards using these
manufacturers, they suggested that if we allows us to set requirements to
technologies. In testing on a utility-type
were not going to delete the CO introduce the low-emission technologies
ATV, these technologies have provided
standard, it should be set sufficiently for substantial emission reductions with
only small emissions reductions.55 The
high so that it would not be an reasonable lead time and will for the
most part allow manufacturers to sell 55 Utility-type ATVs, it should be noted, are not
54 We
respond to these comments in Section II of one model in all fifty states. This the same as utility vehicles. Utility vehicles are not
the Summary and Analysis of Comments. ‘‘harmonization’’ between federal and Continued
results of our preliminary testing are projections for ATVs have been reduced emissions from these modes were
discussed further in Section III.F and in by more than 75 percent in response to comparable to FTP emissions. Although
the Final Regulatory Support Document. the significant new information we a good correlation was not found
It is unclear if the level of technology received after publishing the proposal. between the two test cycles, California
we projected in the proposal would be Our analysis of the appropriate allowed this option because the goal of
sufficient to meet the Phase 2 standards. standards for 2006/2007 described their program was to encourage four-
We have not done enough research or above was made using this new stroke engine technology in ATVs.
testing on other potential technologies, information, and future analysis of As described above, we are finalizing
such as electronic or direct fuel Phase 2 standards would also use these standards based on vehicle testing over
injection, to finalize a decision based on revised inventory numbers. However, it the FTP that are essentially harmonized
these technologies. We plan to continue is important to note that the revised with the California FTP standards. We
to evaluate the technologies that would inventories still show that these did not propose a permanent option of
be needed to meet the Phase 2 levels vehicles contribute to nonattainment. engine testing using J1088 due to strong
and determine if those levels can be met concerns that the test cycle misses
Engine-based Standards
with the level of technology we substantial portions of ATV operation
projected in the proposal or with other California allows ATVs to be because it contains test points at only
technology. We also received comments optionally tested using the California one engine speed. We understand that
that we underestimated costs for Phase ARB utility engine test cycle (SAE vehicle testing would be a significant
2 and we will continue to evaluate costs J1088) and procedures. In California, change for manufacturers who currently
as well. manufacturers using the J1088 engine conduct emissions testing on the engine
In addition, we received comments test cycle option must meet the rather than the vehicle for California.
that the emissions inventories we California Small Off-Road Engine Due to the costs and lead-time
projected for ATVs were too large, and emission standards. Some requirements associated with switching
that if we adjusted them appropriately, manufacturers do not have chassis to vehicle-based testing, we proposed a
we would see that Phase 2 was not testing facilities and at the time transitional program to allow the J1088
needed. This is provided in detail in the California finalized its program were option for models years 2006 through
public docket.56 We have studied and concerned about the cost of doing FTP 2008. To facilitate the phase-in of ATV
evaluated in-depth the new and testing for California-only requirements. standards, we proposed to allow
additional information provided by the To use this option, manufacturers were manufacturers to optionally certify
commenters after we published the required by California to submit some ATVs using the California utility cycle
proposal. As is shown in our revised emission data from the various modes of and standards, shown in Table III.C–1,
analysis, the emissions inventory the J1088 test cycles to show that 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 ................................................................... 300 g/hp-hr

(16.1 g/kW-hr) ............................................................... (400 g/kW-hr)
Greater than 225 cc ............................................................................ 10.0 g/hp-hr ................................................................... 300 g/hp-hr
(13.4 g/kW-hr) ............................................................... (400 g/kW-hr)
We are finalizing this approach, but because the cycle is transient, emissions term, we could not justify retaining the
will eliminate the J1088 option are measured at a variety of speeds and J1088 option.
(including both the test cycle and the it is more likely to result in robust For small displacement ATVs of 70 cc
utility engine emission standards) for emission-control designs that reduce or less, we proposed that they would
certification in model year 2009. The emissions in-use. We continue to be have the permanent option to certify to
last model year to use the J1088 cycle very concerned that the vast majority of the proposed FTP-based ATV standards
and emission standards is 2008. We ATV operation is missed with the J1088 discussed above or meet the Phase 1
received comments that the FTP is also test because the engine is tested at only Small SI emission standards for non-
not representative of ATV operation and one engine speed. ATV operation is handheld Class 1 engines. These
that the J1088 option should remain inherently transient in nature because standards are 16.1 g/kW-hr HC+NOX
available until a new test cycle and the user controls the throttle position to and 610 g/kW-hr CO. Manufacturers
accompanying standards can be vary vehicle speed. We believe the argued that ATVs with engine
developed and made available to J1088 test is not sufficient to ensure displacements between 70 cc and 99 cc
manufacturers. Although it may not be robust emissions control development also should be allowed to certify to the
completely representative of ATV and use for ATVs. Given the choice of Small SI standards, since the differences
operation, we believe the FTP to be available test procedures for the long- between a 70 cc and 99 cc engine is very
greatly superior to the J1088 test cycle small and the ATVs equipped with 99
considered ATVs due to fundamental differences in somewhat larger and bulkier than sport models and 56 Comments of the Motorcycle Industry Council,
the vehicle characteristics. Most utility vehicles are may have transmissions geared more for work Inc., and the Specialty Vehicle Institute of America
currently regulated by the Small SI program, with related tasks rather than for high performance. on the Notice of Proposed Rulemaking to Establish
a small subset of utility vehicles required by the However, they have ATV features such as four low Mandatory Emission Standards for Nonroad Large
Final Rule to meet ATV standards. See section
pressure tires, a seat designed to be straddled by the Spark-Ignition Engines and Recreational Engines
III.B.3. above, for a complete discussion of utility
vehicles. When we say utility-type ATV, we are operator, handlebars for steering controls, and are (Marine and Land-Based), Air Docket A–2000–01,
referring to ATVs that have features that are work intended for use by a single operator. These vehicle IV–D–214.
related such as cargo racks. These ATVs are often must meet ATV requirements.
cc engines face the same obstacles with recognize that this approach is a for snowmobiles which includes
the FTP test cycle as the 70 cc and significant deviation from their current provisions for the early generation of
below ATVs. They also argued that the practice in the California program. credits prior to the effective date of the
Phase 1 Small SI standards are too Throughout the development of the standards. We are not adopting PM
stringent for these engines and final rule, we have met with standards for snowmobiles at this time,
recommended that EPA adopt the Phase manufacturers and the State of because limits on HC emissions will
2 standards for Class 1B engines of 40 California and have discussed the serve to simultaneously reduce PM and
g/kW-hr for HC+NOX and 610 g/kW-hr possibility of developing a new test because there are significant
for CO. cycle for ATVs. We intend to work complications in accurately measuring
We recognize that the vast majority of further with all interested parties to PM that make requiring PM standards
engine families, including 4-stroke determine whether a new test cycle and difficult in this time frame. Finally, we
engines, below 100 cc are not certified accompanying standards is appropriate. are not adopting limits for NOX for the
to the California standards, which is an The standards, if developed for the new first two phases of standards, but
indication to us that the standards test cycle, would be of equivalent manufacturers are required to measure
proposed may not be feasible for most stringency to the FTP standards NOX emissions and report them in the
engines in this size range given the lead discussed above. If we do propose a new application for certification. However,
time provided. However, manufacturers test cycle and accompanying standards we have included NOX in the Phase 3
did not provide supporting data and we for ATVs, it is likely that we would do standards to effectively cap NOX
do not have data to confirm that the so in concert with a decision on emissions from snowmobiles.
level recommended by the whether a second phase of standards is The three phases of standards we are
manufacturers would result in an appropriate for ATVs. We are now adopting will require progressively
appropriate level of control. We developing a Memorandum of broader application of advanced
examined the 2002 model year Understanding with manufacturers technologies such as direct injection
certification data for non-handheld which describes in detail the steps that two-stroke technology, and four stroke
Small SI engines certified to the Phase will be taken in furtherance of this engines. Only about two percent of
2 Class I–A and I–B engine standards task.57 Other interested parties current snowmobile production utilizes
(engines below 100 cc). We found that including the state of California will these advanced technologies. We expect
the five engine families certified to these also be invited to participate in this that about seven percent of new
standards had average emissions for process. snowmobiles will have them by 2005.
HC+NOX of about 25 g/kW-hr. All of By finalizing the temporary With the Phase 1 standards we expect
these engine families had CO emissions availability of J1088, we are providing that ten percent of snowmobiles will
below 500 g/kW-hr and well below the time to develop, and if appropriate, require advanced technologies (in
610 g/kW-hr level recommended by finalize and implement an alternative to addition to less advanced emissions
manufacturers. We believe these levels the FTP that meets both the needs of the controls on most other snowmobiles).
are more representative of the levels that Agency, manufacturers and other We project that the Phase 2 and Phase
can be achieved with the lead time parties. This allows for our program to 3 standards will require the application
provided through the use of 4-stroke remain harmonized with California of advanced technology on 50 and 70
engines than the standards during the transition to the new test percent of new snowmobiles,
recommended by the manufacturers. procedure. However, we do not support respectively.
Therefore, we are finalizing a 25.0 g/ allowing the use of J1088 for a period
Phase 1 Standards
kW-hr HC+NOX standard and a 500 g/ any longer than necessary to make this
kW-hr CO standard for ATVs with transition. We expect that developing a We are adopting Phase 1 standards
engine displacements of 99 cc or less. new test cycle will be relatively largely as proposed for snowmobiles to
These standards will be optional to the straightforward and that the MOU take effect for all models starting in the
FTP-based standards and, unlike the J– process cited above will provide a road 2006 model year. However, given that
1088 standards option for larger map of how we will proceed. We expect the manufacturers will effectively have
displacement engines, the option will to initiate this effort next year and only three years to design and certify
not expire. We are retaining averaging conclude the work on the new test cycle snowmobiles prior to the 2006 model
for the HC+NOX standard but do not in enough time to promulgate it through year, as well as the fact that
believe averaging would be appropriate rulemaking and to provide industry snowmobiles are currently unregulated,
for the CO standard. This is consistent adequate lead time to implement it in an we believe that requiring 100 percent of
with the approach outlined above for J– orderly manner (nominally three years models to certify in 2006 is not
1088 standards for engines above 100 lead time). If we encounter unforeseen reasonable. Thus, we are including a
cc. and unavoidable delays or phase in of the Phase 1 standards with
The ATV standards are phased in at complications in this process, we will 50 percent of sales required to comply
50% of a manufacturer’s production in consider extending the J1088 with the 30 percent reduction standards
2006 and 100% in 2007. This phase-in temporarily as part of our process of in 2006 and 100 percent compliance
applies to a manufacturer’s overall ATV adopting changes to the ATV test cycle required in 2007. The standards of 275
production regardless engine size or through rulemaking. We would expect g/kW-hr (205 g/hp-hr) for CO and 100 g/
which option a manufacturer chooses such an extension to be at most for one kW-hr (75 g/hp-hr) for HC are to be met
for standards for particular models. model year. on average by each manufacturer. As
c. Snowmobiles. We are adopting CO described in the proposal, these
New Test Procedure for ATVs and HC emission standards for standards represent a 30-percent
We are comfortable with retaining the snowmobiles, effective in three phases, reduction from the baseline CO and HC
FTP as the basis of the long-term ATV as discussed below. As discussed below, emission rates for uncontrolled
program. However, EPA understands we are also adopting an emissions snowmobiles. We expect manufacturers
the manufacturers’ concerns regarding averaging banking and trading program to meet these standards using a variety
the additional facility costs associated of technologies and strategies across
with FTP testing for ATVs. We also 57 See item IV–G–114, docket A–2000–01. their product lines. For the reasons
described below, we believe these are snowmobiles. Snowmobiles must, on percent relative to current technology
the most stringent standards feasible average and according to the phase in two-stroke snowmobile engines.
beginning in the 2006 model year. schedule, meet the first phase of However, CO reductions from four
Snowmobiles pose some unique emission standards beginning with the stroke engines vary quite a bit. For four-
challenges for implementing emission- 2006 model year. Given the relative stroke engines used in low-power
control technologies and strategies. inexperience this industry has with applications, CO reductions of 50 to 80
Snowmobiles are very sensitive to designing effective snowmobile engines percent from baseline levels have been
weight, power, and packaging with advanced emissions controls and reported. However, the majority of the
constraints. Current snowmobile in certifying to EPA requirements, it is snowmobile market is for higher-
designs have very high power-to-weight unlikely that any manufacturer could powered performance machines, and
ratios, to address performance market enough of these advanced CO reductions from higher powered
considerations. The desire for low snowmobiles for model year 2006 to four stroke engines are lower than those
weight has been stated to be a concern, enable it to meet significantly more from low powered four strokes, with
since weight (and weight distribution) stringent standards. Due to the unique expected reductions of 20 to 50 percent
affects handling and operators performance requirements for from baseline levels. As discussed
occasionally have to drag their sleds out snowmobiles and the relatively short further in the RSD and Summary and
of deep snow. This has especially been lead time to modify current engines or
Analysis of Comments document, we
mentioned as a concern in the context design new products, we believe our
expect that many of the four-stroke
of four-stroke engines given that they 2006/2007 standards will be
snowmobile models offered in the
are heavier than their two-stroke technologically challenging for
manufacturers and will result in cleaner future will not be current two-stroke
counterparts of similar power. However,
snowmobiles. models which have been modified to
four-stroke engines have significantly
utilize a four-stroke engine, but rather
better fuel economy than two-stroke Phase 2 and Phase 3 Standards new models designed specifically to
engines, and for identical fuel tank
We believe the two most viable take advantage of the unique
sizes, would have significantly greater
advanced technologies for use in characteristics of four-stroke engines.
range. This of course would be a
positive attribute. The size of a fuel tank snowmobiles are two-stroke direct (or Thus, we expect that the lead time
on a four-stroke powered snowmobile semi-direct) injection technology and associated with the conversion to four-
could be reduced to provide similar four-stroke engines. All four major stroke engines and optimized sleds is
range to that of a similarly powered two- snowmobile manufacturers either even longer than that needed for
stroke snowmobile, resulting in currently offer or are planning to offer conversion to direct injection two-stroke
offsetting weight savings from both the in the next year or two one or more of technology.
smaller fuel tank and less fuel on board. these technologies on a limited number It is not obvious to us that either of
However, this could still represent a of snowmobile models. With sufficient these advanced technologies is better
change in the distribution of weight resources and lead time for than the other or more suited to broad
compared to current sleds. manufacturers, we believe it would be application in the snowmobile market.
The approach used to control technologically possible to eventually Each has its strong points regarding
emissions in compliance with the Phase apply such advanced technology emissions performance, power, noise,
1 standards will vary according to a broadly across most or all of the cost, etc. For example, two-stroke
given manufacturers product line, snowmobile fleet. engines equipped with direct fuel
technological capability, long term Manufacturers have indicated that injection have the potential to have
plans, and other factors. However, we with enough investment and sufficient greater CO emission reductions than a
expect all manufacturers to pursue a time to design and implement direct comparably powered four-stroke engine,
mix of technologies. Some injection technology for snowmobile although they would have less HC
manufacturers may focus more on clean use, two-stroke engines equipped with reductions. For those applications
carburetion and associated engine direct fuel injection systems can reduce where a light, powerful, compact engine
modifications and apply those widely HC emissions by 70 to 75 percent and
is desired, a direct injection two-stroke
across their entire product line with reduce CO emissions by 50 to 70
engine may be preferred. However, for
more limited implementation of percent. These projections are based
applications where pure power and
advanced technology such as four-stroke largely on laboratory prototypes and
speed is desired, a high-performance
and semi direct injection engines. generally do not account for in-use
four-stroke engine may be preferred.
Others may choose to be more deterioration or the need for production
Given the broad range of snowmobile
aggressive in applying advanced compliance margins in the ultimate
model designs and applications it is
technologies in their more expensive, certification levels. Certification results
apparent that one of these technologies
high-performance sleds and be less for 2002 model year outboard engines
could be preferable to the other in some
aggressive in pursuing emission and personal water craft support these
situations. Further, given the broad
reductions from their lower-priced projections.59
In addition to the direct injection two- range of snowmobile types offered, a
offerings to optimize the fit of different mix of advanced technologies would
technologies (and their associated costs) stroke, a few four-stroke models are
currently available, and more are provide the best opportunity for
to the various product offerings in the substantial average emission reductions
near term. As can be seen on their expected to be introduced in the next
few years. Based on testing of while still maintaining customer
websites58, all large manufacturers now satisfaction across the entire range of
have limited product offerings of prototypes and other low-hour engines
it appears that advanced four-stroke snowmobile types. Thus, we believe it
advanced emissions technology is most appropriate to set emission
snowmobiles are capable of HC
58 http://www.arcticcat.com, http:// reductions ranging from 70 to 95 standards for snowmobiles that are not
www.polarisindustries.com, http://
based entirely on the use of either direct
www.skidoo.com, and http://www.yamaha- 59 See the snowmobile feasibility discussion in injection two-stroke technology or four-
motor.com. the Final Regulatory Support Document. stroke engines, but rather a mix of the
two, along with some other technologies groomed trails), and entry level new set of Phase 2 standards, effective
in certain applications. snowmobiles (lower-powered and lower with the 2010 model year, which will
It is our belief that with sufficient priced snowmobiles which utilize require 50 percent HC reductions and 30
resources and lead time, manufacturers simpler technology and are specifically percent CO reductions from average
can successfully implement designed to appeal to first time buyers). baseline levels. The Phase 2 standards
technologies such as two-stroke direct Some snowmobile manufacturers also are 275 g/kW-hr (205 g/hp-hr) for CO
injection and four-stroke engines in offer snowmobile models specifically and 75 g/kW-hr (56 g/hp-hr) for HC.
many models in their respective for youth, and utility models for work These Phase 2 standards will be
snowmobile fleets. The question at hand in cold climates or to facilitate winter followed by Phase 3 standards in 2012
is how broadly this technology can be sports such as hauling winter camping which will effectively require the
practically applied across the gear, or hunting and fishing equipment. equivalent of 50 percent reductions in
snowmobile fleet in the near term, It is not surprising that some of these both HC and CO as compared to average
taking into account factors such as the snowmobile models are much more baseline levels.
number of engine and snowmobile popular than others. Thus, there can be We believe that the 2010 and 2012
models currently available, and the quite a difference in the production model years are appropriate for the
capacity of the industry to perform the volumes of the different snowmobile second and third phases of snowmobile
research and development efforts types, with performance models standards because they allow an
required to optimally apply advanced typically having large sales volumes, additional four to six years beyond the
technology to each of these models. and more unique models such as utility Phase 1 standards for the further
Currently there are only four major and youth models selling far fewer development and application of
snowmobile manufacturers, and each units. advanced emissions control technology.
has different technological capabilities. Considering the number of
Of these four, only two currently We expect that the manufacturers will
snowmobile types, and the fact that
manufacturer all of their own engines, utilize some level of advanced
each engine model is typically used in
one has limited in-house engine technology in compliance with the
several different snowmobile models,
manufacturing operations, the other has Phase 1 standards, and this will give the
each manufacturer has potentially
none. Beyond this, there are only two manufacturers some time to evaluate
dozens of different engine/snowmobile
advanced technologies (direct injection how the advanced technology they have
combinations that it offers. An analysis
two-stroke, and four stroke) that at this already applied works in the field as
of the manufacturers current product
time appear to be feasible to provide offerings shows that while one well as give them several years to work
significant reductions in snowmobile manufacturer has only about twelve with the certification and compliance
emissions. Further, given the small unique engine/snowmobile model programs before more stringent Phase 2
volume of snowmobile sales compared combinations, the other three offer standards take effect in 2010. We
to other vehicles and equipment which significantly more—from around 30 to believe that by the 2010/2012 time
use similar sized engines, these over 50. Each of these different frame manufacturers could, at least in
manufacturers may have difficulty in snowmobile models is designed with theory, apply advanced technology
working with their engine suppliers to specific power needs in mind, with the across essentially their entire product
develop and optimize four-stroke or engine and clutching specifically suited lines. However, the manufacturers are
direct injection two-stroke technology for the application style for which the resource constrained, and they will
quickly. Clearly, the nature of the snowmobile was intended. This means need to focus their efforts on
relationship between these snowmobile that a given engine model may require compliance with the Phase 1 and Phase
manufacturers and their suppliers slightly different calibrations for each 2 standards prior to the 2010 model
would result in a less efficient use of different snowmobile model in which it year. There is a need for significant
available lead time as compared to the is used. While the advanced technology development and
manufacturers that have both technologies are known, they are not manufacturing learning to occur, and
technology and engine manufacturing ‘‘one size fits all’’ technologies. These there is concern that in this time frame
available in-house. Thus, there is technologies need to be optimized not such technology could not be
varying capability within the only for the specific engine model, but performance, emissions, and safety
snowmobile industry to develop and in some cases for the snowmobile the optimized for each application given the
implement advanced technology in the engine will be used in as well, as just number of engine and snowmobile
next five to ten years. described. model combinations that would require
The amount of engine redesign or For all of the reasons just discussed, optimization. This would be especially
development work is another factor. we believe that it is necessary to allow challenging for those manufacturers
While one snowmobile manufacturer two additional years of lead time for who rely on outside suppliers for their
currently offers four different engine compliance with the proposed Phase 2 engines. Rather, we expect that by the
models, the other three, including the standards, and are therefore adopting 2012 model year the manufacturers
two that do not manufacture their own the ultimate phase of snowmobile could both apply and optimize
engines, currently offer eight to twelve standards effective for the 2012 model advanced technology to their larger
engine models each. Additionally, each year rather than the 2010 model year as volume families while applying clean
of these engine models typically goes proposed. However, we expect that carburetion and electronic fuel injection
into more than one type of snowmobile. between the 2006 and 2012 model years technology to the rest of their
There are a variety of basic snowmobile there can and will be substantial production. Under this scenario we
types specifically designed for a variety development and application of expect that the manufacturers could
of riding styles and terrains including advanced technologies on snowmobiles apply optimized advanced technology
high-performance trail riding, high- beyond that required in compliance on around 50 percent of their
performance off-trail riding (including with the Phase 1 standards. We believe production by the 2010 model year, and
designs specifically for deep snow), that it is important to capture the an additional 20 percent of their
mountain riding, touring (two person emission benefits that these advances production by the 2012 model year. We
snowmobiles designed for use on present, and are therefore adopting a do not believe that having only two
years lead time between the Phase 2 and significantly reduce the weight of four- the development and use of such
Phase 3 standards presents any stroke snowmobiles. The use of new technologies on snowmobiles before
problems because compliance with the light-weight materials can also reduce requiring these technologies for the
Phase 3 standards will be achieved weight for four-stroke designs. entire fleet. Thus, we chose not to set
through the broader application of Manufacturers have raised concerns standards at this time based on the
technologies which will already be over cold starting for four-stroke engines optimized application of advanced
applied in compliance with the Phase 2 because the typical four-stroke design technology to all snowmobiles.
standards, rather than through the uses an oil distribution system where Nevertheless, we will monitor the
introduction of new technologies the pump and oil are located in the development and application of the
altogether. crankcase (referred to as a ‘‘wet’’ sump). advanced technology as manufacturers
As was previously discussed, four- During extremely cold temperatures, the work to comply with the Phase 3
stroke technology has the potential to oil becomes thick and provides an standards in 2012 and will consider a
significantly reduce HC emissions, even additional load the engine must fourth phase of snowmobile standards
below levels expected from direct overcome when starting. However, by to take effect sometime after the 2012
injection two-stroke technology. using a ‘‘dry’’ sump, where the oil and model year.
However, higher powered four-stroke pump are located in a separate tank (not We have not included a NOX standard
engines are not currently capable of CO in the crankcase), the concern over cold for the first two phases of the
reductions on the order of those temperature starting loads due to snowmobile regulations because NOX
expected from direct injection two- thickened oil in the crankcase are gone. emissions from snowmobiles,
stroke technology. This is significant The new Yamaha RX–1 four-stroke particularly two-stroke engines, are very
given that a very large segment of the snowmobile uses a smaller fuel tank and small compared to levels of HC, CO and
snowmobile market is in higher lighter materials to reduce weight and a PM and we believe that stringent NOX
powered performance sleds. We are dry sump to help cold starting, so standards may require the use of
concerned that a straight 50 percent clearly these issues can be addressed. technologies that will lead to increases
reduction in CO in the Phase 3 in HC, PM and CO levels. Technologies
We believe that, given enough
standards may deter technology that reduce NOX are likely to increase
resources and lead time, it is ultimately
development and constrain the use of levels of HC, PM and CO and vice versa,
feasible at some point beyond the 2012
four-stroke technology in this key because technologies to reduce HC, PM
model year to apply advanced
portion of the snowmobile market. As and CO emissions would result in
the emissions standards become more technology successfully to all leaner operation. A lean air and fuel
stringent we believe that it is important snowmobiles and perhaps to even mixture causes NOX emissions to
to provide additional flexibility to resolve current design and operating increase. These increases are minor,
assure compliance in a manner which issues with regard to the use of however, compared to the reductions of
minimizes costs and is consistent with aftertreatment devices such as catalytic HC, CO and PM that result from these
the availability of technology and the converters. However, it is difficult to techniques. On the other hand, any
realities of the snowmobile marketplace. predict at this point when this would be attempt to control the NOX emissions
Thus, to allow snowmobile feasible, especially given the number of may have the counter-effect of
manufacturers the flexibility to base smaller volume snowmobile models that increasing HC, CO, and PM emissions,
their future product lines on higher would need development effort once the as well as causing the greater secondary
percentages of four-stroke models, we larger volume models were optimized in PM concentrations associated with
are adopting a flexible Phase 3 compliance with the Phase 3 standards increased HC emissions. This is
standards scheme that will allow in 2012. We did consider standards especially critical for HC and PM,
manufacturers to certify their based on the full application of because NOX would be regulated
production to levels which nominally optimized advanced technology to all primarily for its effect on secondary PM
represent 50 percent reductions in HC snowmobiles, for example by setting the levels.
and CO. This overall reduction could be Phase 3 standards at a level that would We are promulgating a NOX standard
met by other combinations summing to require the full application of advanced (actually an HC plus NOX standard) as
100 percent such as 70 percent technology to all snowmobiles. part of the third phase of the
reductions in HC and 30 percent However, we believe that such snowmobile standards. This standard
reductions in CO, or any level between standards are not feasible by 2012 and, will essentially cap NOX emissions from
these two points (for example, 60 we are not confident that we could these engines. The reason we are
percent reductions in HC and 40 percent choose the appropriate model year including such standards in the final
reductions in CO). However, in no case beyond 2012 for such standards given phase of the rule as that the third phase
may a manufacturer’s corporate average how far in the future such a requirement of the rule will result in increases in the
for the individual pollutants for Phase 3 would be. Such an approach would also use of four-stroke engines. While four-
be less than 50 percent on HC and 30 serve to eliminate the benefits stroke engines greatly reduce HC and
percent on CO (the Phase 2 standards). associated with the Phase 3 standards in direct PM levels, they increase levels of
Some manufacturers have raised 2012. There are diverse capabilities and NOX. While NOX levels remain
safety concerns regarding the use of limiting factors within the industry, and substantially lower than HC and CO
advanced technologies on snowmobiles, time is needed for an orderly levels, they are higher than levels for
particularly four-stroke engines used in development and prove out of this two-stroke engines.
high-performance and mountain sleds. advanced technology across the various Thus, it is appropriate to place a cap
In particular, they raised issues models and applications before on such levels to ensure that levels do
regarding weight and the ability to start standards are set which require its use not become so high as to become a
the snowmobile in cold weather. in all models. Additionally, as these substantial concern.
However, we believe these issues can be engines have never previously been While we are promulgating an
overcome with sufficient time and regulated or used advanced emission effective cap on such emissions, the
technology. For example, as noted control technologies in large numbers, standard will not mandate substantial
above, smaller fuel tanks can we believe it is appropriate to monitor reductions in NOX. This is because the
emissions effect on reducing NOX from ATVs and Off-highway Motorcycles who have several engine families with
four-stroke engines is the same as for Emission credits from off-highway which to average. The engine-based (J–
two-stroke engines; that is, technologies motorcycle and ATVs will be averaged 1088) standards for CO also do not
that substantially reduce NOX will separately because there are differing represent levels of stringency where we
increase levels of other pollutants of degrees of stringency in the standards believe averaging would be appropriate
concern. The only way to reduce NOX for ATVs and off-highway motorcycles or necessary. California certification test
emissions from four-stroke engines (at long-term and we do not want off- data shows that the engine-based (J–
the same time as reducing HC and CO highway motorcycle credits to dilute the 1088) CO standards can be achieved
levels) would be to use a three-way effectiveness of the ATV standards. This with reasonable compliance margins.
catalytic converter. We don’t have For the primary off-highway
also avoids providing an advantage in
enough information at this time on the motorcycle program, we are retaining
the market to companies that offer both
durability or safety implications of the proposed 25 g/km CO standard. We
types of products over those that
using a three-way catalyst with a four- are providing the option of averaging for
produce only one type. Also, ATVs
stroke engine in snowmobile the 25 g/km CO standard, to help
certified to the chassis-based standards
applications. Three-way catalyst manufacturers balance the need to
or engine-based standards are control CO while meeting stringent NOX
technology is well beyond the
considered separate averaging groups requirements. We believe that the final
technology reviewed for this rule and
with no credit exchanges between the program with averaging for CO will
would need substantial additional
two. We are not allowing credit enable manufacturers to develop a
review before being contemplated for
exchanges between engine and chassis- unified emission-control strategy to
snowmobiles. Thus, given the
based testing because there is little, if control HC, NOX, and CO, rather than
overwhelming level of HC and CO
any, correlation between the two test requiring them to develop unique
compared to NOX, and the secondary
cycles. Without a strong correlation, it is control strategies driven by the need to
PM expected to result from these levels,
it would be premature and possibly not possible to establish an exchange meet the CO standards.
counterproductive to require substantial rate between the two programs. For the We are adopting FEL caps where we
NOX reductions from snowmobiles at engine-based (J–1088) ATV standards, are allowing averaging standards. For
this time. the standards vary by engine size (less ATVs certified to the 1.5 g/km FTP
than 100 cc, 100 cc up to 225 cc, and standard, there will be an FEL cap of 20
2. Are There Opportunities for 225 cc and greater). We are allowing g/km HC+NOX. This cap will also apply
Averaging, Emission Credits, or Other averaging, banking, and trading for each to off-highway motorcycles certified to
Flexibilities? of the separate engine-based HC+NOX the 2.0 g/km NOX+HC standard. For off-
a. Averaging, banking and trading. standards with no credit exchanges or highway motorcycles certified to the 25
Historically, voluntary emission-credit averaging between the engine size g/km CO standard, the CO cap will be
programs have allowed a manufacturer categories. 50 g/km. For off-highway motorcycles,
to certify one or more engine families at We did not propose an averaging, we are also finalizing an option that
emission levels above the applicable banking, and trading program for CO for allows manufacturers to certify to an
emission standards, provided that the ATVs and off-highway motorcycles average HC+NOX standard of 4.0 g/km,
increased emissions are offset by one or because it was not clear if such if the manufacturer certifies all off-
more engine families certified below the provisions would be needed to highway motorcycles including
applicable standards. With averaging implement the expected technologies or competition machines. Under this
alone, the average of all engine families if the need would warrant the additional option, we are limiting FELs to 8.0 g/
for a particular manufacturer’s complexity of an averaging program. We km. The goal of the option is to
production must be at or below that received comments that the 25 g/km CO encourage the development and
level of the applicable emission standard could be technologically certification of clean competition
standards. We are adopting separate limiting in some instances. products. Without a reasonable FEL
emission-credit programs for Manufacturers recommended that EPA limit, manufacturers could certify two-
snowmobiles, off-highway motorcycles, drop CO the standard from the program stroke machines at, or close to, baseline
and ATVs. We are adopting an and provided no comments regarding levels. This is a concern because the
emission-credit program for the optional CO averaging. In addition, our recent majority of manufacturers’ product
ATV engine-based standards as well as testing indicates that the level of the offerings are likely to be certified below
the chassis-based standards. standards may represent a significant the 4.0 g/km level and significant
In addition to the averaging program technological challenge to the credits could be available. We believe
just described, the emission-credit manufacturers in some cases. the 8.0 g/km limit ensures significantly
program contains banking and trading We are retaining CO standards in the cleaner products compared to baseline
provisions, which allow manufacturers final program, and are establishing levels for competition machines, while
to generate emission credits and bank different CO standards for off-highway providing manufacturers with the
them for future use in their own motorcycles and ATVs, as discussed in incentive and flexibility to pursue
averaging program or sell them to Section III.C.1. For ATVs, we are innovative technologies for their
another entity. We are not adopting a addressing the feasibility issues by competition products.
credit life limit or credit discounting for finalizing a standard of 35 g/km. We are As noted above, we have also
these credits. Unlimited credit life and not including averaging or a credits included engine-based J–1088 standards
no discounting increases the incentive program at this level. We are also for ATVs. The HC+NOX portion of the
to introduce the clean technologies adopting the 35 g/km CO standard for J–1088 standards can be met through
needed to gain credits. To generate the optional off-highway motorcycle averaging and we have included
credits, the engine family’s emissions program with no averaging or credits reasonable emissions caps for these
level must be below the standard, so any program. At the 35 g/km level, we standards as well. For engines certified
credits will result from reducing believe averaging is unnecessary and to the permanent optional J–1088
emissions more than necessary to meet would greatly reduce the need to control standards for ATV engines below 100
the standards. CO, especially for larger manufacturers cc, the emissions cap is 40.0 g/kW-hr.
The NOX+HC emissions cap is 32.2 g/ caps ensure a minimum level of control A manufacturer can choose to certify
kW-hr for engine certified to the for each snowmobile certified under the one or more engine families early for
temporary J–1088 standards which are long-term program. We believe this is purposes of credit generation. An engine
available for all engine sizes. appropriate due to the potential for family must at least meet the Phase 1
personal exposure to very high levels of standards for both HC and CO to qualify
Snowmobiles
emissions as well as the potential for for early credits, and the credits will be
For snowmobiles, we are adopting an high levels of emissions in areas where calculated based on the difference
emissions averaging and credit program several snowmobiles are operated in a between the certification FEL and the
for all three phases of standards. group. We proposed that these limits Phase 1 standards. Credits generated
Averaging is available for each phase of would be effective beginning in 2006. under this option can be used only in
standards. Once the program begins in We received comments from compliance with the Phase 1 standards.
2006, manufacturers will make a manufacturers recommending that we Thus, such early credits will expire at
demonstration of compliance with the drop the FEL limits because they would the end of the 2009 model year.
applicable corporate average standards create a tremendous near term workload The above discussion of early credits
at the end of the model year. If a burden. They commented that primarily addresses those snowmobiles
manufacturer has achieved a corporate manufacturers would need to modify all that will meet the Phase 1 standards
average level below the corporate product lines for 2006 just to meet the early. However, we also expect that
average standards, then the FEL limit. EPA recognizes that this there will be some engine families
manufacturer may bank credits. could be a significant issue in the early introduced prior to the 2006 model year
Manufacturers may bank credits for use years of the program and could detract which could meet Phase 2 standards.
in a current phase of standards based on from manufacturers’ efforts to develop For such engines, a manufacturer may
the difference between their corporate much cleaner technologies. Thus, we elect to split credits between Phase 1
average and the standards. In order to are finalizing the FEL limits only for and Phase 2. A manufacturer may save
bank credits for future use under a Phase 3 and later, beginning in 2012. credits generated between the
subsequent phase of standards, We believe this helps resolve the lead- certification FELs and the actual Phase
manufacturers may pull engines from time and workload issues while 2 standards for use in Phase 2. Credits
their corporate average for the current maintaining the integrity of the long- generated between the Phase 1 and
phase of standards and certify them term program. Phase 2 standards could be used for
early to a future phase of standards. The Phase 1 only. Credits generated prior to
credits must be generated based on the b. Early credits. We believe that the start of the program in 2006 may not
difference between the FEL for those allowing manufacturers to generate be used for Phase 3.
engines and the phase of standards for credits prior to 2006 has some merit in EPA did not receive comments on
which they are intended to be used. The that it encourages them to produce such programs for off-highway
credits may not be carried forward for cleaner snowmobiles earlier than they motorcycle or ATVs and we are not
use to meet a subsequent phase of otherwise might and provides early finalizing any additional provisions.
standards. environmental benefits. It would also The majority of products currently
For example, manufacturers may bank allow for a smoother transition to new offered for sale are equipped with four-
Phase 2 credits in 2007 by removing emission standards in a previously stroke engines which raises concerns
engines from their 2007 corporate unregulated industry. However, in the over the potential for windfall credits.
average for one or both pollutants and proposal we expressed concern that an Due to this issue and the lack of
certifying the engines to the Phase 2 early-credit program could result in the suggestions or input on the part of
standards early. These Phase 2 credits generation of windfall credits, commenters, we are not finalizing early
may then be saved for Phase 2, but may especially if the credits were generated credits or other types of flexibilities for
not be used for Phase 3. Manufacturers relative to the average baseline these programs.
may also remove only part of an engine emissions rates. A manufacturer could c. Nonconformance penalties for
family for purposes of banking credits. choose those engine families that recreational vehicles. Section 206(g) of
Manufacturers may bank credits after already emit below the average baseline the Act, 42 U.S.C. 7525(g), authorizes
the end of the model year when they levels and certify those families for EPA to establish nonconformance
have completed their demonstration of credit generation purposes without penalties (NCPs) for motorcycles and
compliance for that year. The Final Rule doing anything to actually reduce their heavy-duty engines which exceed the
includes provisions for banking credits emissions. Clearly this would applicable emission standard, provided
for a single pollutant, with the other undermine any environmental that their emissions do not exceed an
pollutant remaining in the averaging advantages of an early-credit program. appropriate upper limit. NCPs allow
program for the current model year. For However, we believe that it is possible manufacturers that are technological
Phase 3, if a manufacturer chooses to to design an early-credit program which laggards to temporarily sell their
bank credits for only one pollutant, the provides incentive for the early vehicles by payment of a penalty, rather
manufacturer must use an assigned introduction of cleaner snowmobiles than being forced out of the
value for the other pollutant in the and also helps ease the transition into marketplace. One manufacturer
Phase 3 standards formula. We are the first ever phase of snowmobile suggested that we consider establishing
specifying a value of 90 g/kW-hr for standards while preventing the NCPs for recreational vehicles. Section
HC+NOX and 275 g/kW-hr for CO. generation of windfall credits. The 213(d) of the Act makes nonroad
These levels ensure no windfall credits early-credit program described in the standards subject to the provisions of
using the Phase 3 formula for the credit- following paragraphs will be available section 206, and directs EPA to enforce
generating engines. beginning with the 2003 model year. As nonroad standards in the same manner
Starting with Phase 3, Family with the standard snowmobile as highway vehicles. We therefore
Emission Limits may be set up to the emissions averaging, banking and believe that the Act authorizes us to
current average baseline emission levels trading program, credits generated establish NCPs in appropriate
of 400 g/kW-hr (300 g/hp-hr) CO and under the early-credit program will be circumstances for nonroad engines and
150 g/kW-hr (110 g/hp-hr) HC. These calculated on a power-weighted basis. vehicles. Recreational vehicles are
similar technologically to highway choices for consumers to purchase these vehicle, while the dirtiest vehicle would
motorcycles, and NCPs might be products.60 For all three recreational get a rating of 10.0.
appropriate for recreational vehicles vehicle categories, but especially for
4. What Durability Provisions Apply?
under certain circumstances. snowmobiles, we are expecting a variety
We will consider the need for NCPs of emission-control technologies to be We are adopting several additional
two or three years before compliance used to meet the standards. In all three provisions to ensure that emission
with these standards is required. categories we expect consumers to have controls will be effective throughout the
Manufacturers that determine in that a choice of which technologies to life of the vehicle. This section
time frame that they are likely to be purchase and that they will base that discusses these provisions for
unable to comply with the standards purchase on an understanding of key recreational vehicles. More general
should notify us. If we determine that attributes such as cost, performance, certification and compliance provisions,
NCPs are appropriate for recreational noise levels, safety, and emissions. which apply across different vehicle
vehicles, we would establish regulations Thus, an important factor for informing categories, are discussed in Sections II
that would specify how to calculate the consumer decision is to provide them and VII, respectively.
penalties. While we have not information on the relative emissions a. How long do my engines have to
determined the content of such attributes of a given model. We believe comply. Manufacturers must produce
regulations, it is likely that they would this can be achieved through a off-highway motorcycle and ATV
be similar to our existing NCP temporary consumer labeling program engines that comply over a useful life of
regulations for heavy-duty engines, without voluntary standards. Therefore, 5 years or until the vehicle accumulates
which are set forth in 40 CFR part 86, we are not finalizing a voluntary 10,000 kilometers, or for ATVs 1,000
subpart L. standard program for recreational hours, whichever occurs first. We
vehicles at this time. We will consider consider the 10,000-kilometer and 1,000
3. Are There Voluntary Low-Emission hour values to be minimum values for
Standards for These Engines? this issue again in the future, once
experience is gained under this useful life, with the requirement that
In the proposal we included a program. In addition, given the manufacturers must comply for a longer
Voluntary Low-Emission Standards manufacturer’s opposition, it is not clear period if the average life of their
program for recreational vehicles. We that voluntary standards by themselves vehicles is longer than this minimum
did this for two reasons: to encourage would be an effective incentive for value.
new emission-control technology and to manufacturers. The values being finalized will
aid the consumer in choosing clean Instead, we will be adopting a harmonize EPA’s useful life intervals
technologies. We received numerous consumer labeling program. A label with those contained in the California
comments on this proposed program. must be fixed securely to the product program. We proposed a significantly
The environmental community was prior to arriving at the dealership but longer useful life intervals of 30,000
supportive of voluntary standards and does not have to be permanent and may kilometers based on our understanding
encouraged us to adopt permanent be removed by the consumer when of usage rates for the vehicles at the time
labels which identify the emission placed into use. The label can be in the of the proposal. We received comments
performance of the vehicle in a form of a removable sticker or decal, or from manufacturers that we
simplistic manner that would be easily a hang tag affixed to the handlebars or overestimated vehicle usage and
understood by the initial purchaser and fuel cap. If a hang tag is used, it must commenters recommended that we
any purchases of used recreational be attached by a cable tie that cannot be harmonize the useful life intervals with
vehicles. Manufacturers of recreational easily removed, except by the ultimate California’s. We have lowered our
vehicles ATVs, off-highway retail consumer. The label, at a estimate of usage rates based on
motorcycles, and snowmobiles), on the minimum, must include the following available data, including new data
other hand, did not support voluntary information: U.S. EPA; Clean Air Index provided during the comment period.
standards. They were supportive of (appropriate pollutant, e.g., HC+NOX, Based on our current estimates of
providing initial purchasers with etc.); manufacturer name; vehicle model usage, we concur with manufacturers
emission performance information via with engine description (e.g., 500 cc that harmonization with California is
temporary consumer labeling, but were two-stroke with direct fuel injection); the best approach for establishing
opposed to voluntary standards. Their emission performance rating scale; minimum useful life intervals.
concern was that voluntary standards or explanation of scale; and notice stating Generally, this will allow the same
permanent labels could be used by that label must be on vehicle prior to emission test data to be used for
federal, state, local or any other sale and can be removed only by the certification under both programs.
jurisdictions to limit the use of ultimate retail consumer. In section However, this remains the minimum
recreational vehicles from public lands 1051.135(g) of the regulations, titled useful life and longer useful life
by allowing access only to recreational ‘‘How must I label and identify the intervals could be required in cases
vehicles that meet certain emission vehicles I produce?,’’ we have where the basic mechanical warranty of
criteria. Manufacturers further argued developed several equations that the engine or the advertised operating
that our proposed mandatory emission determine what the emission life is longer than the minimum
standards were stringent enough that performance rating scale will be for each interval. Average service life
they would encourage and result in the category. The scale is based on a rating information will help in making such a
use of advanced emission-control system of 1.0 through 10.0. A value of determination. The manufacturer can
technology and that the voluntary 1.0 would be assigned for the cleanest alternatively base the longer useful life
standards would provide no additional on the average service life of the
incentives. 60 The snowmobile industry (see docket item II– vehicles where necessary data are
As stated above, the general purpose G–221) and a group of public health and available.
of the Voluntary Low-Emission environmental organizations (see docket item II–G– For snowmobiles, the minimum
139) have both expressed their general support for
Standards program is to provide labeling programs that can provide information on
useful life is 5 years, 8,000 km, or 400
incentives to manufacturers to produce the environmental performance of various products hours of operation, whichever occurs
clean products and thus create market to consumers. first. We based these values on
discussions with manufacturers responsible for the emission warranty locomotives, and passenger cars. We
regarding typical snowmobile life, and for such vehicles. have data from California ARB showing
on emission-modeling data regarding c. How do I demonstrate emission that a performance-based four-stroke off-
typical snowmobile usage rates.61 As durability during certification. highway motorcycle experienced
with ATVs and off-highway Durability demonstration for off- considerably higher tailpipe emission
motorcycles, longer useful life intervals highway motorcycles, ATVs, and results when crankcase emissions were
are required where the basic mechanical snowmobiles includes a requirement to routed back into the intake of the
warranty of the engine or the advertised run the engines long enough to develop engine, illustrating the potentially high
operating life is longer than the and justify the full life deterioration levels of crankcase emissions that
minimum interval and the manufacturer factor. This allows manufacturers to exist.63
may alternatively base the longer useful generate a deterioration factor that helps New snowmobiles must also have
life on the average service life of the ensure that the engines will continue to closed crankcases, beginning in 2006.
vehicles where necessary data are control emissions over a lifetime of This requirement is relevant only for
available. operation. Snowmobiles also must run four-stroke snowmobiles, however,
b. What are the minimum warranty out to the end of the useful life for since two-stroke engines, by virtue of
periods for emission controls. For off- purposes of durability demonstration their operation, have closed crankcases.
highway motorcycle, ATVs, and and generating deterioration factors. Information on the costs and benefits of
snowmobiles, manufacturers must d. What maintenance is allowed this action can be found in the Final
provide an emission-related warranty during service accumulation. For Regulatory Support Document.
for at least half of the minimum useful vehicles certified to the minimum
useful life, emission-related D. Testing Requirements
life period. These periods could be
longer if the manufacturer offers a maintenance is generally not allowed 1. What Duty Cycles Are Used To
longer mechanical warranty for the during service accumulation. The only Measure Emissions?
engine or any of its components; this maintenance that may be done must be Testing a vehicle or engine for
includes extended warranties that are (1) regularly scheduled, (2) unrelated to emissions typically consists of
available for an extra price. See emissions, and (3) technologically exercising it over a prescribed duty
§ 1051.120 for a description of which necessary. This typically includes cycle of speeds and loads, typically
components are emission-related. changing engine oil, oil filter, fuel filter, using a chassis or engine dynamometer.
and air filter. The nature of the duty cycle used for
We have included in our final rule an
optional set of standards for off-highway 5. Do These Standards Apply to determining compliance with emission
motorcycles that would require the Alternative-Fueled Engines? standards during the certification
certification of competition motorcycles. process is critical in evaluating the
These standards apply to all spark-
However, for those individual vehicles likely emission performance of engines
ignited recreational vehicles, without
actually used in organized competition designed to those standards. Duty cycles
regard to the type of fuel used. However,
events, it may be appropriate to exclude must be relatively comparable to the
because we are not aware of any
competition motorcycles from warranty way equipment is actually used because
alternative-fueled recreational vehicles
coverage. Machines used in if they are not, then compliance with
sold into the U.S. market, we are not
competition, even part of the time, may emission standards would not assure
adopting extensive special provisions to
be subject to usage that can cause that emissions from the equipment are
address them at this time.
premature degradation of the engine and actually being reduced in use as
related components. Competition riders 6. Is EPA Controlling Crankcase intended.
may place a premium on winning at the Emissions? a. Off-highway Motorcycles and
expense of engine durability or could We are requiring that new off- ATVs. For testing off-highway
otherwise damage the vehicle during the highway motorcycles and ATVs not motorcycles and ATVs, we specify the
competition events. In fact, most emit crankcase vapors directly to the current highway motorcycle test
manufacturers do not offer any atmosphere. This requirement will procedure be used for measuring
mechanical warranty on vehicles used phase in beginning in 2006 and be fully emissions. The highway motorcycle test
in competition. In addition, motorcycles phased in by 2007. California’s procedure is very similar to the test
used only for competition may be regulations for off-highway motorcycles procedure as used for light-duty
modified by the user in ways that alter and ATVs, which has been in effect vehicles (i.e., passenger cars and trucks)
the emissions characteristics of the since 1997, also prohibits the venting of and is referred to as the Federal Test
vehicle.62 We do not believe it is crankcase vapors into the atmosphere. Procedure (FTP). The FTP for a
reasonable to hold manufacturers The major ATV manufacturers sell particular class of engine or equipment
many of their California certified ATV is actually the aggregate of all of the
61 EPA memorandum, ‘‘Emission Modeling for models federally as 50-state emission tests that the engine or
Recreational Vehicles,’’ from Linc Wehrly to Docket applications. Thus, many ATVs sold equipment must meet to be certified.
A–2000–01, November 13, 2000 (document II–B–
federally already control crankcase However, the term FTP has also been
19). used traditionally to refer to the exhaust
62 While it is possible that the user could make emissions. The only exceptions could be
some of the small youth ATV models emission test based on the Urban
modifications to their competition off-highway
motorcycle that alter the emissions characteristics that are imported from Asia. Dynamometer Driving Schedule
of the vehicle, we do not expect tampering to be a The typical control strategy used to (UDDS), also referred to as the LA–4
problem for those competition vehicles certifying to
control crankcase emissions is to route (Los Angeles Driving Cycle #4). The
our voluntary standard of 4.0 g/km HC+NOX UDDS is a chassis dynamometer driving
because the technologies required to meet this the crankcase vapors back to the engine
standard, four-stroke engines and direct fuel intake. This is consistent with our cycle that consists of numerous ‘‘hills’’
injection two-stroke engines, are inherent to the previous regulation of crankcase
engine and will be optimized for maximum engine 63 ‘‘Closed Crankcase Exhaust Emissions from
performance as well as emissions performance.

emissions from such diverse sources as Four-Stoke Competition Off-highway Motorcycle,’’
Thus, any modifications would actually reduce highway motorcycles, outboard and EPA memo from L. Wehrly to Docket A–2000–01,
rather than improve engine performance. personal water craft marine engines, September 10, 2001 (document II-B–25).
which represent a driving event. Each California FTP testing is based on the manufacturers. As discussed in Section
hill includes accelerations, steady-state use of the Class I cycle for all ATVs and III.C.1.b, we are allowing the use of the
operation, and decelerations. There is that the EPA program would need to be J1088 engine test cycle as a transitional
an idle between each hill. The FTP changed allow for harmonization. option through model year 2008. The
consists of a cold start UDDS, a 10- Manufacturers did not raise these same J1088 option expires after 2008 and the
minute soak, and a hot start. The concern for off-highway motorcycles FTP becomes the required test cycle in
emissions from these three separate which are tested in accordance with the 2009. As noted above, EPA is currently
events are collected into three unique highway motorcycle classifications for in discussions with ATV manufacturers
bags. Each bag represents one of the California. to determine whether a new test cycle
events. Bag 1 represents cold transient After considering this issue further, is appropriate. The J1088 may be
operation, Bag 2 represents cold we concur with the manufacturer’s discontinued earlier than 2009 if
stabilized operation, and Bag 3 comments and are finalizing the Class I another test procedure is implemented.
represents hot transient operation. cycle for all ATVs. One of the objectives
For highway motorcycles, we have of the final program is to allow b. Snowmobiles. We are adopting the
three classes based on engine harmonization with California and this snowmobile duty cycle developed by
displacement, with Class I (50 to 169 cc) change is fundamental in the Southwest Research Institute (SwRI) in
being the smallest and Class III (280 cc manufacturers’ ability to use the same cooperation with the International
and over) being the largest. The highway FTP test data for both programs. Also, Snowmobile Manufacturers Association
motorcycle regulations allow Class I the average speeds of in-use ATVs (ISMA) for all snowmobile emission
motorcycles to be tested on a less severe appear to be significantly lower than we testing.64 The test procedure consists of
UDDS cycle than the Class II and III estimated in the analysis for the two main parts; the duty cycle that the
motorcycles. This is accomplished by proposal (8–13 mph compared to 20 snowmobile engine operates over during
reducing the acceleration and mph). The new data on ATV usage testing and other testing protocols
deceleration rates on some the more alleviates concerns that the lower surrounding the measurement of
aggressive ‘‘hills.’’ We proposed to use speeds of the Class I test cycle might emissions (sampling and analytical
this same class/cycle distinction for off- miss significant high-speed ATV equipment, specification of test fuel,
highway motorcycles and ATVs. In operation. The change in the test atmospheric conditions for testing, etc.).
other words, we proposed that off- procedure is directionally consistent While the duty cycle was developed
highway motorcycles and ATVs with an with this new data. In addition, the specifically to roughly approximate
engine displacement at or below 169 cc change in test procedure will enable snowmobile operation, many of the
would be tested over the FTP test cycle ATVs in general to be tested over the testing protocols are well established in
for Class I highway motorcycles. We FTP with fewer issues concerning the other EPA emission-control programs
proposed that off-highway motorcycles ability of the vehicles to operate over and have been simply adapted where
and ATVs with engine displacements the driving cycle. We are finalizing the appropriate for snowmobiles.
greater than 169 cc would be tested over test procedure requirements as proposed
the FTP test cycle for Class II and Class for off-highway motorcycles. We believe The snowmobile duty cycle was
III highway motorcycles. We requested that the manufacturer’s concerns developed by instrumenting several
comment on the appropriateness of regarding the FTP are also addressed by snowmobiles and operating them in the
allowing the use of the Class I test cycle the option to test the smallest ATVs (up field in a variety of typical riding styles,
for all ATVs. to 100 cc) to J–1088 standards including aggressive (trail), moderate
Manufacturers have expressed permanently. These vehicles are (trail), double (trail with operator and
concerns over the appropriateness of typically governed to top speeds below one passenger), freestyle (off-trail), and
testing ATVs using the FTP and the the 36 mph contained in the Class I FTP lake driving. A statistical analysis of the
ability of some ATVs to be run on the cycle. Also, the small displacement collected data produced the five mode
test cycle. Manufacturers recommended ATVs may be most strenuously tested steady-state test cycle is shown in Table
for FTP testing, that all ATVs be tested (i.e., more operation at high loads) on III.D–1. This duty cycle is the one that
over the Class I cycle. Manufacturers the FTP due to their lower horsepower was used to generate the baseline
stated that the Class I cycle top speed of output. emissions levels for snowmobiles, and
36 mph would be ‘‘much more We acknowledge that chassis we believe it is the most appropriate for
representative’’ of ATV operation than dynamometers for ATVs could be costly demonstrating compliance with the
the 57 mph top speed of the Class III to purchase and difficult to put in place snowmobile emission standards at this
cycle. Manufacturers also noted that in the near term, especially for smaller time.
TABLE III.D–1.—SNOWMOBILE ENGINE TEST CYCLE

Mode
Engine parameter
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 marine outboard and personal water SwRI/ISMA test cycle development
largely derived from our regulations for craft engines, as recommended in the work (61 FR 52088, October 4, 1996).
64 ‘‘Development and Validation of a Snowmobile Southwest Research Institute and Christopher W. Engineers paper 982017, September, 1998. (Docket
Engine Emission Test Procedure,’’ Jeff J. White, Wright, Arctic Cat, Inc., Society of Automotive A–2000–1; document II–D–05).
The testing equipment and procedures induced test inlet air. These emission ATVs in general, their adoption by any
from that regulation are generally reductions would not occur in real manufacturer is still a significant
appropriate for snowmobiles, including operation since actual inlet air would be business challenge. Small
the provisions for raw exhaust gas warmer. Therefore, to use the colder manufacturers of these engines may face
sampling which are being adopted here inlet temperature option, a additional challenges in certifying
for snowmobiles. manufacturer must demonstrate that for engines to emission standards, because
Unlike marine engines, however, the given engine family, the temperature the cost of certification would be spread
snowmobiles tend to operate in cold of the inlet air within the air box is over the relatively few engines they
ambient temperatures. Thus, some consistent with the inlet-air temperature produce. These higher per-unit costs
provision needs to be made in the test conditions. may place small manufacturers at a
snowmobile test procedure to account competitive disadvantage without
for the colder ambient temperatures 2. What Fuels Will Be Used During specific provisions to address this
typical of snowmobile operation. Since Exhaust Emission Testing? burden.
snowmobile carburetors are jetted for We are adopting fuel specifications as We are applying the flexibilities
specific ambient temperatures and proposed for all recreational vehicles described below to engines produced or
pressures, appropriate accounting for that we have specified for 2004 and later imported by small entities with
typical operating temperatures is light-duty vehicles. combined off-highway motorcycle and
important to assure that anticipated ATV annual sales of fewer than 5,000
emissions reductions actually occur in 3. Are There Production-Line Testing units. The inter-agency panel
use. We proposed that snowmobile Provisions for These Engines? recommended these provisions to
engine inlet air temperature be between Recreational vehicle or engine address the potentially significant
¥15° C and ¥5° C (5° F and 23° F), but manufacturers must perform emission adverse effects on small entities of an
that the ambient temperature in the test tests on a small percentage of their emission standard that may require
cell not be required to be refrigerated. production as it leaves the assembly line conversion to four-stroke engines. The
We received comments stating that this to ensure that production vehicles 5,000-unit threshold is intended to
approach would be expensive due to the operate at certified emission levels. The focus these flexibilities on those
need for refrigeration equipment, broad outline of this program is segments of the market where the need
pointing out that the snowmobile discussed in Section II.C.4 above. is likely to be greatest and to ensure that
manufacturers do not currently have the Production-line testing must be the flexibilities do not result in
capacity for cold testing. Further, we performed using the same test significant adverse environmental
received comments that accurate procedures as for certification testing. effects during the period of additional
emissions results can be obtained using lead-time recommended below.65 In
E. Special Compliance Provisions
appropriate jetting determined by addition, we are limiting some or all of
extrapolating from the manufacturer’s As described in Section XI.B, the these flexibilities to companies that are
jet chart (if necessary). report of the inter-agency Small in existence or have product sales at the
We agree that emissions can be Business Advocacy Review Panel time we proposed emission standards to
accurately measured at higher ambient addresses the concerns of small-volume avoid creating arbitrary opportunities in
temperatures provided that the proper manufacturers of recreational vehicles. the import sector, and to guard against
compensation be made in the fueling We proposed to adopt the provisions the possibility of corporate
system. For carbureted engines this recommended by the panel and received reorganization, entry into the market, or
means jetting the engine appropriately comments on the proposals. We are other action for the sole purpose of
for the test temperature. For finalizing the provisions below as circumventing emission standards.
electronically controlled engines this proposed, with the modifications as
doesn’t tend to be an issue because such Snowmobiles
noted.
technology generally includes There are only a few small
Off-Highway Motorcycles and ATVs snowmobile manufacturers and they sell
temperature compensation in its control
algorithms. However, one manufacturer To identify representatives of small only a few hundred sleds a year, which
stated that for snowmobiles that have businesses for this process, we used the represents less than 0.5 percent of total
electronically controlled engines, it definitions provided by the Small annual production. Therefore, the per-
would be preferable and Business Administration for unit cost of regulation may be
environmentally appropriate to test with motorcycles, ATVs, and snowmobiles significantly higher for these small
colder inlet temperatures. Thus, we are (fewer than 500 employees). Eleven entities because they produce very low
adopting the option to allow small businesses agreed to serve as volumes. Additionally, these companies
snowmobile testing using either cold small-entity representatives. These do not have the design and engineering
engine inlet air temperatures between companies represented a cross-section resources to tackle compliance with
¥15° C and ¥5° C (5° F and 23° F) or of off-highway motorcycle, ATV, and emission standard requirements at the
warm engine inlet air temperatures snowmobile manufacturers, as well as same time as large manufacturers and
between 20° C and 30° C (68° F and 86° importers of off-highway motorcycles tend to have limited ability to invest the
F). However, depending on the location and ATVs. capital necessary to conduct emission
of the air box where inlet air enters the As discussed above, our emission testing related to research, development,
engine intake system, the inlet standards for off-highway motorcycles and certification. Finally, the
temperature could be considerably and ATVs will likely necessitate the requirements of the snowmobile
warmer than ambient conditions. For a widespread use of four-stroke engines. program may be infeasible or highly
snowmobile that does not have Most small-volume off-highway impractical because some small-volume
temperature compensating capabilities, motorcycle and ATV importers—and to
it could be possible to get a moderate a lesser degree, small-volume 65 For example, importers may have access to
emission reduction due to the increase manufacturers—currently use two- large supplies of vehicles from major overseas
manufacturers and potentially could substantially
in air density that results at colder stroke engines. While four-stroke increase their market share by selling less expensive
temperatures from the artificially engines are common in motorcycles and noncomplying products.
manufacturers may have typically design (for example, the use a four- and related provisions rather than those
produced engines with unique designs stroke engine, advanced fuel injection, adopted in this document for
or calibrations to serve niche markets or any other particular technology or recreational vehicles. Small businesses
(such as mountain riding). The new calibration) to that of a previously tested using these engines will not have to
snowmobile emission standards may engine. The design criteria might recertify them, as long as they do not
impose significant economic hardship include specifications for engine type, alter the engines in a way that might
on these few manufacturers whose calibrations (spark timing, air /fuel ratio, cause it to exceed the emission
market presence is small. We therefore etc.), and other emission-critical standards it was originally certified to
believe significant flexibility is features, including, if appropriate, meet. Also, the recreational vehicle
necessary and appropriate for this catalysts (size, efficiency, precious application may not be the primary
category of small entities, as described metal loading). Manufacturers submit intended application for the engine.
below. adequate engineering and other Additionally, a certified snowmobile
information about their individual engine produced by a large snowmobile
Flexibilities manufacturer may be used by a small
designs showing that they will meet
1. Additional lead time. We are emission standards for the useful life. snowmobile manufacturer, as long as
adopting a delay of two years beyond 3. Broaden engine families. Small the small manufacturer did not change
the date larger businesses must comply businesses may define their engine the engine in a way that might cause it
to ease the burden for small businesses. families more broadly, putting all their to exceed the snowmobile emission
This will provide extra time to develop models into one engine family (or more) standards. This provides a reasonable
technology and, in the case of importers, for certification purposes. degree of emission control. For example,
extra time to resolve supplier issues that Manufacturers may then certify their if a manufacturer changed a certified
may arise. The two-year delay also engines using the ‘‘worst-case’’ engine only by replacing the stock
applies to the timing of the Phase 2 configuration within the family. exhaust pipes with pipes of similar
standards for snowmobiles. A small manufacturer might need to configuration or the stock muffler and
In addition, for small snowmobile conduct certification emission testing air intake box with a muffler and air box
manufacturers, the emission standards rather than pursuing design-based of similar air flow, the engine would
phase in over an additional two years at certification. Such a manufacturer still be eligible for this flexibility option,
a rate of 50 percent, then 100 percent. would likely find broadened engine subject to our review. The manufacturer
Phase 1 phases in at 50/50/100 percent families useful. may also change the carburetor to have
in 2008/2009/2010 and Phase 2 phases 4. Production-line testing waiver. As a leaner air-fuel ratio without losing
in at 50/50/100 percent in 2012/2013/ discussed above, manufacturers must eligibility. The manufacturer in such
2014. test a small sampling of production cases could establish a reasonable basis
2. Design-based certification. The engines to ensure that production for knowing that emissions performance
process of certification is a business cost engines meet emission standards. We is not negatively affected by the
and lead time issue that may place a are waiving production-line testing changes. However, if the manufacturer
disproportionate burden on small requirements for small manufacturers. changed the bore or stroke of the engine,
entities, particularly importers. This will eliminate or substantially it would no longer qualify, as emissions
Certification is a fixed cost of doing reduce production-line testing might increase beyond the level of the
business, which is potentially more requirements for small businesses. standard.
burdensome on a unit-cost basis for 5. Use of assigned deterioration 7. Averaging, banking, and trading.
small entities. It is potentially an even factors for certification. Small For the overall program, we are
greater challenge, since some small manufacturers may use deterioration adopting corporate-average emission
entities will either contract emission factors assigned by EPA. Rather than standards with opportunities for
testing to other parties or, in the case of performing a durability demonstration banking and trading of emission credits.
importers, perhaps rely on off-shore for each family for certification, We expect the averaging provisions to
manufacturers to develop and certify manufacturers may elect to use be most helpful to manufacturers with
imported engines. deterioration factors determined by us broad product lines. Small
Small-volume manufacturers may use to demonstrate emission levels at the manufacturers and small importers with
design-based certification, which allows end of the useful life, thus reducing the only a few models might not have as
us to issue a certificate to a small development and testing burden. This much opportunity to take advantage of
business for the emission-performance might be a very useful and cost- these flexibilities. However, we received
standard based on a demonstration that beneficial option for a small comment from one small manufacturer
engines or vehicles of a similar design manufacturer opting to perform supporting these types of provisions as
criteria meet the standards of the certification emission testing instead of a critical component of the program.
individual engine family. The small design-based certification. Therefore, we are adopting corporate-
vehicle manufacturer must demonstrate 6. Using emission standards and average emission standards with
that their engine uses a design similar certification from other EPA programs. opportunities for banking and trading of
to or superior to one that is being used A wide array of engines certified to emission credits for small
by other manufacturers that has been other EPA programs may be used in manufacturers.
shown through prior emission testing to recreational vehicles. For example, there 8. Hardship provisions. We are
meet the standards. The demonstration is a large variety of engines certified to adopting provisions to address hardship
must be based in part on emission test EPA lawn and garden standards (Small circumstances, as described in Section
data from engines of a similar design. SI). Manufacturers of recreational VII.C.
Under a design-based certification vehicles may use engines certified to 9. Unique snowmobile engines. Even
program, a manufacturer provides any other EPA standards for five years. with the broad flexibilities described
evidence in the application for Under this approach, engines certified above, there may be a situation where a
certification that an engine or vehicle to the Small SI standards may be used small snowmobile manufacturer cannot
meets the applicable standards for its in recreational vehicles. These engines comply. Therefore, we are adopting an
useful life based on comparing its would then meet the Small SI standards additional provision to allow a small
snowmobile manufacturer to petition us California, most of these engines are are considerably quieter than their two-
for relaxed standards for one or more unregulated and thus have no emission stroke counterparts. Fuel injection has
engine families. The manufacturer must controls. For ATVs, approximately 80- no impact on safety and four-stroke
justify that the engine has unique percent use four-stroke engines while engines often have a more ‘‘forgiving’’
design, calibration, or operating only 55 percent of off-highway power band which means the typical
characteristics that make it atypical and motorcycles use four-stroke engines. operator may find the performance of
infeasible or highly impractical to meet The average HC emissions for two- the machine to be more reasonable and
the emission-reduction requirements, stroke engines are about 35 g/km, while safe. Fuel injection, the enleanment of
considering technology, cost, and other the average for four-stroke engines are the air and fuel mixture and four-stroke
factors. At our discretion, we may then 1.5 g/km. CO emissions levels are very technology all can result in significant
set an alternative standard at a level similar between the types of engines reductions in fuel consumption.
between the prescribed standard and the with two-stroke levels of approximately c. What technologies are most likely
baseline level, which would likely 34 g/km and four-stroke levels of 30 g/ to be used to meet emission standards?
apply until the engine family is retired km. For performance and durability Four-Stroke Engines
or modified in a way that might alter reasons, off-highway motorcycle and
emissions. These engines will be ATV engines all tend to operate with a Most manufacturers have experience
excluded from averaging calculations. ‘‘rich’’ air and fuel mixture. That is, they with four-stroke engine technology and
We proposed that this provision be operate with excess fuel, which currently have several models powered
limited to 300 snowmobiles per year. enhances performance and allows by four-stroke engines. This is
However, we received comment that engine cooling to promote longer engine especially true in the ATV market where
this limit is too restrictive to be of much life. However, rich operation results in four-stroke engines account for 80
assistance to small businesses. Based on high levels of HC, CO, and PM percent of sales. Because four-stroke
this comment we are adopting a limit emissions. Also, two-stroke engines engines have been so prevalent over the
for this provision of 600 snowmobiles tend to have high scavenging losses, last 10 years in the off-highway
per year. where up to a third of the unburned air motorcycle and ATV industry,
and fuel mixture goes out of the exhaust manufacturers have developed a high
F. Technological Feasibility of the resulting in high levels of HC emissions. level of confidence in four-stroke
Standards b. What technology approaches are technology and its application.
1. Off-highway Motorcycles and ATVs available to control emissions? Several Manufacturers of off-highway
approaches are available to control motorcycles and ATVs utilizing four-
We believe the new emission stroke engines will need to make some
emissions from off-highway motorcycles
standards are technologically feasible minor calibration changes and
and ATVs. The simplest approach
given the availability of emission- improvements to the carburetor to meet
consists of modifications to the base
control technologies, as described emission standards for the 2006 model
engine, fuel system, cooling system, and
below. year. Some of these modifications may
recalibration of the air and fuel mixture.
a. What are the baseline technologies have already been incorporated in
These changes may include adjusting
and emission levels? As discussed response to California requirements.
valve timing for four-stroke engines,
earlier, off-highway motorcycles and The calibration changes will most likely
changing from air-to liquid-cooling, and
ATVs are equipped with relatively small consist of reducing the amount of fuel
using advanced carburetion techniques
(48 to 650 cc) high-performance two-or in the air-fuel mixture. This is
or electronic fuel injection instead of
four-stroke single cylinder engines that commonly referred to as leaning out the
traditional carburetion systems. Other
are either air-or liquid-cooled.66 Since air-fuel ratio. Although four-stroke
approaches may include secondary air
these vehicles are unregulated outside engines produce considerably lower
injected into the exhaust, an oxidation
of the state of California, the main or three-way catalyst, or a combination levels of HC than two-stroke engines,
emphasis of engine design is on of secondary air and a catalyst. The the four-stroke engines used in off-
performance, durability, and cost and engine technology that may have the highway motorcycles and ATVs all tend
thus they generally have no emission most potential for maximizing emission to be calibrated to operate with a rich
controls. The fuel systems used on these reductions from two-stroke engines is air-fuel ratio for performance and
engines are almost exclusively direct fuel injection. Direct fuel durability benefits. This rich operation
carburetted. Two-stroke engines injection is able to reduce or even results in high levels of CO, since CO is
lubricate the piston and crankshaft by eliminate scavenging losses by pumping formed in the engine when there is a
mixing oil with the air and fuel mixture. only air through the engine and then lack of oxygen to complete combustion.
This is accomplished by most injecting fuel into the combustion We believe that many of these engines
contemporary two-stroke engines with a chamber after the intake and exhaust are calibrated to operate richer than
pump that sends two-cycle oil from a ports have closed. Using oxidation needed, because they have either never
separate oil reserve to the carburetor catalysts with direct injection may had to consider emissions when
where it is mixed with the air and fuel reduce emissions even further. Finally, optimizing air-fuel ratio or those that are
mixture. Some less expensive two- converting from two-stroke to four- certified to the California standards can
stroke engines require that the oil be stroke engine technology will operate richer because the California
mixed with the gasoline in the fuel tank. significantly reduce HC emissions. All ATV CO standards are fairly lenient.
Four-stroke engines inject oil via a of these technologies have the capability Carburetors with tighter tolerances
pump throughout the engine as the to reduce HC and CO emissions. ensure more precise flow of fuel and air,
means of lubrication. With the We expect none of these technologies resulting in better fuel atomization (i.e.,
exception of those vehicles certified in to negatively affect noise, safety, or smaller fuel droplets), better
energy factors. Fuel injection can combustion, and lower emissions.
66 The engines are small relative to automotive
improve the combustion process which In addition to converting to four-
engines. For example, automotive engines typically
range from one liter to well over five liters in
can result in lower engine noise. The stroke technology and making some
displacement, whereas off-highway motorcycles vast majority of four-stroke engines used minor calibration and carburetion
range from 0.05 liters to 0.65 liters. in off-highway motorcycles and ATVs improvements to meet the 2006
emission standards, manufacturers may greater challenge for compliance with likely to be very challenging. This is one
need to use secondary air injection on emission standards. Since baseline HC reason EPA is also allowing averaging,
some models. Secondary air has been and CO emission levels are so high for banking, and trading for this option.
used by passenger cars and highway two-stroke engines, it would be very Averaging will provide flexibility to
motorcycles for many years as a means difficult for any two-stroke engine to manufacturers who have some models
to help control HC and CO. The hot meet our standards with current that, while very clean relative to
exhaust gases coming from the production technologies. Although baseline levels, are above the 4.0 g/km
combustion chamber contain significant catalysts have been used for two-stroke standard. Manufacturers will be able to
levels of unburned HC and CO. If powered mopeds, scooters, and small use credits, for example, from the sale
sufficient oxygen is present, these gases displacement highway motorcycles in of four-stroke machines with emissions
will continue to react in the exhaust Europe and Asia, the standards and test below 4.0 g/km to achieve the 4.0 g/km
system, reducing the amount of cycles are significantly different from standard on average.
pollution emitted into the atmosphere. ours and there is no way to make
2. Snowmobiles
To assure that sufficient oxygen is reasonable comparisons. We have not
present in the exhaust, air is injected performed any testing, nor are we aware a. What are the baseline technologies
into the exhaust system. For off- of any emission test data on the use of and emission levels? As discussed
highway motorcycles and ATVs, the catalysts on ATV and off-highway earlier, snowmobiles are equipped with
additional air can be injected into the motorcycle two-stroke engines. relatively small high-performance two-
exhaust manifold using a series of check Therefore, we do not believe that stroke two and three cylinder engines
valves which use the normal pressure catalysts would be available for two- that are either air-or liquid-cooled.
pulsations in the exhaust manifold to stroke engines that would meet our Since these vehicles are currently
draw air from outside, commonly standards in the time frame necessary to unregulated, the main emphasis of
referred to as pulse air injection. We comply with our program. Direct fuel engine design is on performance,
have tested several four-stroke ATVs injection has been successfully applied durability, and cost and thus they have
with secondary air injected into the to two-stroke engines used in marine no emission controls. The fuel system
exhaust manifold and found that the HC personal water craft, outboard engines, used on these engines are almost
and CO emission levels were below the and small mopeds and scooters and is exclusively carburetors, although some
standards (further details of our just now being looked at for off-highway have electronic fuel injection. Two-
secondary air testing are described in motorcycle applications. However, as stroke engines lubricate the piston and
the Final Regulatory Support discussed below, even this advanced crankshaft by mixing oil with the air
Document). technology cannot meet our standards and fuel mixture. This is accomplished
A small number of models in alone. by most contemporary two-stroke
California have been equipped with As described in Section III.C.1.a, we engines with a pump that sends two-
secondary air technology. It is likely are including an optional standard for cycle oil from a separate oil reserve to
that some manufacturers will opt to use off-highway motorcycles of 4.0 g/km HC the carburetor where it is mixed with
secondary air systems to reduce + NOX, for manufacturers willing to the air and fuel mixture. Some less
emissions in addition to enleanment certify competition motorcycles that expensive two-stroke engines require
strategies to meet EPA standards. We would otherwise be exempt from that the oil be mixed with the gasoline
believe this may be especially true for emission standards. We received in the fuel tank. Snowmobiles currently
ATVs meeting the 1.5 g/km HC+NOX comment from REV! Motorcycles in operate with a ‘‘rich’’ air and fuel
standard. Using these systems would support of this level. Rev! plans to mixture. That is, they operate with
also provide manufacturers with more manufacture two-stroke off-highway excess fuel, which enhances
flexibility within the averaging scheme motorcycles equipped with direct performance and allows engine cooling
and would allow them to avoid any injection. Based on an early analysis of which promotes longer lasting engine
negative affects on performance that the technology, REV! requested that life. However, rich operation results in
could accompany excessive enleanment. EPA consider establishing a 4.0 g/km high levels of HC, CO, and PM
Also, several models are not certified to standard to allow them to pursue the emissions. Also, two-stroke engines
California standards, including some technology and have a realistic tend to have high scavenging losses,
four-stroke models. Manufacturers may opportunity to meet emission standards. where up to a third of the unburned air
use secondary air on a more widespread According to their comments, they and fuel mixture goes out of the exhaust
basis to bring all models into believe that their engines will be resulting in high levels of raw HC.
compliance. capable of meeting the 4.0 g/km Current average snowmobile emission
Since the emission standards address standard without the use of a catalyst. rates are 400 g/kW-hr (296 g/hp-hr) CO
HC + NOX, as well as CO, manufacturers Perhaps most importantly, REV! and 150 g/kW-hr (111 g/hp-hr) HC.
will have to use an emission-control believes that this is a viable technology There are however, at least two
strategy or technology that doesn’t cause approach for competition models, snowmobile models that use four-stroke
NOX emissions to increase which have very high baseline engines. Two companies currently have
disproportionately. However, since all emissions. a moderate-powered four-stroke touring
of these vehicles operate with rich air- REV! shared their plans and model that has very low emissions. One
fuel ratios, as discussed above, NOX emissions projections for a single sled uses a small advanced automotive
levels from these engines are generally prototype model of competition engine, while the other uses a modified
low and strategies designed to focus on motorcycle. Production units, additional ATV engine. Both engines are very
HC reduction allow manufacturers to models, or motorcycles produced by sophisticated, using electronic fuel
meet emission standards with no other manufacturers using similar injection and computer-based closed-
significant increase in NOX levels. technologies may not be able to achieve loop control. The other snowmobile
the 4.0 g/km level. The 4.0 g/km level manufacturers are planning to release
Two-Stroke Engines represents an HC reduction of 90 four-stroke models for the 2003 model
Off-highway motorcycles and ATVs percent or more from baseline levels for year, but are focusing on higher
using two-stroke engines will present a some competition motorcycles, which is performing models that, according to
the manufacturers, may not have as application to snowmobiles. In fact, one enleanment), these emissions can be
good of emissions control as the company is offering a snowmobile with reduced. Because manufacturers use the
production four-stroke touring models. a semi-direct injection two-stroke extra fuel in the air and fuel mixture to
b. What technology approaches are engine for the 2003 model year. help cool the engine, some
available to control emissions? We Manufacturers must address a variety of modifications such as the use of more
believe the new emission standards are technical design issues for adapting the robust materials, may be necessary.
technologically feasible. A variety of technology to snowmobile operation, Manufacturers have indicated to us that
technologies are currently available or such as operating in colder ambient direct injection strategies can result in
in stages of development to be available temperatures and at variable altitude. emission reductions of 70 to 75 percent
for use on two-stroke snowmobiles. The averaging approach and the several for HC and 50 to 70 percent for CO.
These include improvements to years of lead time give manufacturers Certification results from 2000 model
carburetion (improved fuel control and time to incorporate these development year outboard engines and personal
atomization, as well as improved efforts into their overall research plan as water craft (PWC) support such
production tolerances), enleanment they apply these technologies to reductions. We believe that as
strategies for both carbureted and fuel snowmobiles. manufacturers learn to apply direct
injected engines, and semi-direct and In addition to the two-stroke injection strategies they may choose to
direct fuel injection. In addition to these technologies just discussed, using four- implement those technologies on some
two-stroke technologies, converting to stroke engines in snowmobiles is of their more expensive sleds and use
four-stroke engines is also feasible. Each another feasible approach to reduce less aggressive technologies, such as
of these is discussed in the following emissions. Since they do not scavenge improved carburetion and enleanment
paragraphs. the exhaust gases with the incoming air- on their lower performance models.
There are several ways to improve fuel mixture, four-stroke engines have It appears that the use of four-stroke
carburetion in snowmobile engines. inherently lower HC emissions engines in snowmobiles will be more
First, strategies to improve fuel compared to two-stroke engines. Four- prevalent than we initially anticipated.
atomization promote more complete stroke engines have a lower power-to- For the 2003 model year, all four of the
combustion of the fuel/air mixture. displacement ratio than two-stroke major snowmobile manufacturers will
Additionally, improved production engines and are heavier. Thus, initially offer a four-stroke engine. Two
tolerances enable more consistent fuel they may be more appropriate for manufacturers have already sold limited
metering. Both of these changes allow snowmobile models where extreme quantities of their four-stroke
more accurate control of air-fuel ratios. power and acceleration are not the snowmobiles in 2002. All of these
Snowmobile engines are currently primary selling points. Such models engines will be appearing in at least two
calibrated with rich air-fuel ratios for include touring and sport trail sleds. different models and in some cases up
durability reasons. Leaner calibrations However, one company has developed a to three or four models. The size and
to CO and HC emissions pose a four-stroke engine based off one of their design of these engines is quite varied.
challenge for maintaining engine sport highway motorcycle engines that All of the engines range in size from 650
durability, but many engine produces 150 horsepower and will be cc to 1000 cc. There are two cylinder
improvements are available to prevent used in their high-performance and four cylinder engines, fuel injected
problems. These include changes to the snowmobiles in the 2003 model year. and carbureted, moderate horsepower
cylinder head, pistons, ports and pipes c. What technologies are most likely and high horsepower. Manufacturers
to reduce knock. In addition critical to be used to meet emission standards? have indicated that depending on their
engine components can be made more success, four-stroke engines will play a
2006 Standards
robust to improve durability. large role in meeting our standards.
The same calibration changes to the We expect that, in the context of an
air-fuel ratio just discussed for emissions averaging program, 2010 Standards
carbureted engines can also be manufacturers might choose to take As with the 2006 standards, we
employed, possibly with more accuracy, different paths to meet the 2006 expect that manufacturers will use a
by using fuel injection. At least one emission standards. We expect mix of technologies to meet our 2010
major snowmobile manufacturer manufacturers to use a mix of standards. To meet the 2010 standards,
currently employs electronic fuel technologies that will include improved manufacturers will need to employ the
injection on several of its snowmobile carburetion and enleanment strategies, use of advanced technologies such as
models. combined with engine modifications, direct fuel-injection and four-stroke
In addition to rich air-fuel ratios, one the use of direct injection, and the use engines on a larger portion of their
of the main reasons that two-stroke of four-stroke engine technology. For production. As noted above,
engines have such high HC emission example, depending on their emission manufacturers are beginning to
levels is that they release a substantial rates, one scenario for meeting our introduce these technologies and will be
amount of unburned fuel into the standards could be a mixture of 60 gaining experience with them over the
atmosphere as a result from scavenging percent using improved carburetion, next several years. Because we are
losses, as described above. One way to enleanment strategies, and engine offering manufacturers the option to
reduce or eliminate such losses is to modifications, 15 percent using direct choose between two sets of standards in
inject the fuel into the cylinder after the injection, and another 15 percent using 2010, the mixture of technologies will
exhaust port has closed. This can be four-stroke engines. Manufacturers can be very manufacturer and engine family
done by injecting the fuel into the expect moderate emission reductions specific. For example, direct injection
cylinder through the transfer port (semi- from engine modifications and typically reduces CO significantly but
direct injection) or directly into the enleanment strategies. Most two-stroke does not reduce HC to the same extent
cylinder (direct injection). Both of these snowmobile engines are designed to as four-stroke engines. Engine families
approaches are currently being used operate with a rich air and fuel mixture, that manufacturers believe will be most
successfully in two-stroke personal which result in high levels of HC, CO, compatible with direct injection
water craft engines. We believe these and PM. By reducing the amount of fuel technology would likely meet the 75 g/
technologies hold promise for in the air and fuel mixture (i.e., kW-hr HC and 200 g/kW-hr CO
standards. A potential scenario for This section describes the provisions We are extending our basic nonroad
meeting these standards could be a for 40 CFR part 1051, which would exemptions to the engines and vehicles
mixture of 50 percent direct injection, apply only to recreational vehicle covered by this rule. These include the
20 percent four-stroke engines, and 30 manufacturers. This section also testing exemption, the manufacturer-
percent with engine modifications. discusses test equipment and owned exemption, the display
Engine families that manufacturers procedures (for anyone who tests fuel exemption, and the national security
believe will be more compatible with tanks and hoses to show they meet exemption. These exemptions are
four-stroke technology, which typically emission standards) and general described in more detail under Section
has superior HC emissions levels but do compliance provisions. VII.C. In addition, vehicles used solely
not necessarily have exceptionally good We are adopting performance for competition are not considered to be
CO performance, will likely meet the 45 standards intended to reduce nonroad vehicles, so they are exempt
g/kW-hr HC and 275 g/kw-hr CO permeation emissions from recreational from meeting the emission standards
standards. Under either option, it is vehicles. The standards, which apply to (but see discussion in Section III.C.1.a
possible that manufacturers will new vehicles starting in 2008, are regarding the voluntary program for
continue to sell two-stroke models with nominally based on manufacturers certification of all off-highway
lesser levels of technology. reducing these permeation emissions motorcycles).
Manufacturers are likely to reduce from new vehicles by about 90 percent
overall.67 We also recognize that there C. Permeation Emission Standards
emissions where possible from at least
a portion of the remaining two-stroke are many small businesses that 1. What Are the Emission Standards and
engines through the use of engine manufacture recreational vehicles. We Compliance Dates?
are therefore adopting several special
modifications, calibration optimization, We are finalizing new standards that
compliance provisions to reduce the
and secondary air systems. In some will require an 85-percent reduction in
burden of permeation emission
cases this will be necessary just to meet plastic fuel tank permeation and a 95-
regulations on small businesses. These
the FEL cap. A potential scenario for percent reduction in fuel system hose
special provisions are the same as for
meeting these standards could be a permeation from new recreational
the exhaust emission standards, as
mixture of 70 percent four-stroke vehicles beginning in 2008. These
applicable, and are discussed in Section
engines, 10 percent direct fuel injection, standards and their implementation
III.E.
and 20 percent with engine dates are presented in Table IV.C–1.
modifications. B. Vehicles Covered by This Provision Section IV.D presents the test
IV. Permeation Emission Control We are adopting new permeation procedures associated with these
emission standards for new off-highway standards. Test temperatures are
A. Overview motorcycles, all-terrain vehicles, and presented in Table IV.C–1 because they
snowmobiles. These provisions apply represent an important parameter in
In the proposal we specified only even if the recreational vehicle defining the emission levels.
exhaust emission controls for manufacturer exercises the option to use We will base the permeation
recreational vehicles. However, several an engine certified under another standards on the inside surface areas of
commenters raised the issue of control program such as the small spark ignition the hoses and fuel tanks. We sought
of evaporative emissions related to requirements in 40 CFR part 90. These comment on whether the potential
permeation from fuel tanks and fuel standards would require these vehicle permeation standards for fuel tanks
hoses. The commenters stated that work manufacturers to use low permeability should be expressed as grams per gallon
done by California ARB on permeation fuel tanks and hoses. We include of fuel tank capacity per day or as grams
emissions from plastic fuel tanks and vehicles and fuel systems that are used per square meter of inside surface area
rubber fuel line hoses for various types in the United States, whether they are per day. Although volume is generally
of nonroad equipment as well as made domestically or imported. used to characterize fuel tank emission
portable plastic fuel containers raised a Even though snowmobiles do not rates, we base the standard on inside
new emissions concern. Our own usually experience year around use, as surface area because permeation is a
investigation into the hydrocarbon is the case with ATVs and off-highway function of surface area. In addition, the
emissions related to permeation of fuel motorcycles, we are including surface to volume ratio of a fuel tank
tanks and fuel hoses from recreational snowmobiles in this standard because it changes with capacity and geometry of
land-based and marine applications is common practice among snowmobile the tank. Two similar shaped tanks of
supports the concerns raised by the owners to store their snowmobiles in different volumes or two different
commenters. Therefore, on May 1, 2002, the off-season with fuel in the tank shaped tanks of the same volume could
we reopened the comment period and (typically half full to full tank). A fuel have different g/gallon/day permeation
requested comment on possible stabilizer is typically added to the fuel rates even if they were made of the same
approaches to regulating permeation to prevent gum, varnish, and rust from material and used the same emission-
emissions from recreational vehicles. As occurring in the engine as a result of the control technology. Therefore, we
a result of our investigations and the fuel sitting in the fuel tank and fuel believe that using a g/m2/day form of
comments received, we have system for an extended period of time; the standard more accurately represents
determined that it is appropriate to however, this does not reduce the emissions characteristics of a fuel
promulgate standards regulating permeation. Thus, snowmobiles tank and minimizes complexity. This
permeation emissions from these experience fuel permeation losses just approach was supported by the
vehicles. like off-highway motorcycles and ATVs. commenters.
67 Estimated reductions in permeation are 95
percent when not considering competition vehicles,

which are exempt from the standard.
TABLE IV.C–1.—PERMEATION STANDARDS FOR RECREATIONAL VEHICLES

Implementa- Test tempera-
Emission component Standard
tion date ture
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 planning flexibility, and reduce costs Specifically, if a manufacturer certifies
to the values we sought comment on in which allows us to consider emission fuel tanks early to a standard of 3.0 g/
the notice. In the reopening of the standards with the most appropriate m2/day, they can delay the 1.5 g/m2/day
comment period, we identified the need level of stringency and lead time, as standard for these fuel tanks by 1 tank-
to accommodate variability and well as providing an incentive for the year for every tank-year of early
deterioration in setting the fuel tank early introduction of new technology. certification. As an alternative, this
permeation standard. Since the notice, We are finalizing ABT for fuel tanks delay could be applied to other fuel
we have received test information that to facilitate the implementation of the tanks provided that these tanks have an
suggests that a tank permeation standard standard across a variety of tank designs equal or smaller inside surface area and
representing an 85 rather than a 95- which include differences in wall meet a level of 3.0 g/m2/day. As an
percent reduction would fully thickness, tank geometry, material example, suppose a manufacturer were
accommodate these factors. quality, and pigment in plastic fuel to sell 50 vehicles in 2006 and 75
Nonetheless, we continue to believe that tanks. To meet the standard on average, vehicles in 2007 with fuel tanks that
manufacturers will target control manufacturers would be able to divide meet a level of 3.0 g/m2/day. This
technologies and strategies focused on their fuel tanks into different emission manufacturer would then be able to sell
achieving reductions of 95 percent in families and certify each of their 125 vehicles with fuel tanks that meet
production tanks. With regard to the emission families to a different Family a level of 3.0 g/m2/day in 2008 and later
permeation standard for hoses, we have Emissions Level (FEL). The emission years. No uncontrolled tanks could be
adjusted the standard slightly to give the families would include fuel tanks with sold after 2007. In addition to providing
manufacturers more freedom in similar characteristics, including wall implementation flexibility to
selecting their hose material and to thickness, material used (including manufacturers, this option, if used,
accommodate the fact that we selected additives such as pigments, plasticizers, would result in additional and earlier
a certification test fuel based on a 10- and UV inhibitors), and the emission- emission reductions.
percent ethanol blend, which would be control strategy applied. The FELs For hoses, we do not believe that ABT
prone to greater permeation than would then be weighted by sales provisions would result in a significant
straight gasoline. volume and fuel tank inside surface area technological benefit to manufacturers.
Cost-effective technologies exist to to determine the average level across a We believe that all fuel hoses can meet
significantly reduce permeation manufacturer’s total production. An the permeation standards using straight
emissions. Because essentially all of additional benefit of a corporate-average forward technology as discussed in
these vehicles use high density approach is that it provides an incentive Section IV.F. From EPA’s perspective,
polyethylene (HDPE) fuel tanks, for developing new technology that can including an ABT program in the rule
manufacturers would be able to choose be used to achieve even larger emission creates a long-term administrative
from several technologies for providing reductions or perhaps to achieve the burden that is not worth taking on since
a permeation barrier in HDPE tanks. The same reduction at lower costs or to it does not provide the industry with
use of metal fuel tanks would also meet achieve some reductions early. useful flexibility.
the standards, because metal tanks do Any manufacturer could choose to
not experience any permeation losses. certify each of its evaporative emission 3. How Do I Certify My Products?
The hose permeation standard can be control families at levels which would We are finalizing a certification
met using barrier hose technology or meet the standard. Some manufacturers process similar to our existing program
through using low permeation may choose this approach as the could for other mobile sources. Manufacturers
automotive-type tubing. These see it as less complicated to implement. test representative prototype designs
technologies are discussed in Section We are also finalizing a voluntary and submit the emission data along with
IV.F. The implementation dates give program intended to give an other information to EPA in an
manufacturers three to four years to opportunity for manufacturers to prove application for a Certificate of
comply. This will allow manufacturers out technologies earlier than 2008. Conformity. As discussed in Section
time to implement controls in their Manufacturers will be able to use IV.D.3, we will allow manufacturers to
tanks and hoses in an orderly business permeation control strategies early, and certify based on either design (for which
manner. even if they do not meet the standard, there is already data) or by conducting
they can earn credit through partial its own emissions testing. If we approve
2. Will I Be Able to Average, Bank, or emission reduction that will give them the application, then the manufacturer’s
Trade Emissions Credits? more lead time to meet the standard. Certificate of Conformity allows the
Averaging, banking, and trading This program will allow a manufacturer manufacturer to produce and sell the
(ABT) refers to the generation and use to certify fuel tanks early to a less vehicles described in the application in
of emission credits based on certified stringent standard and thereby delay the the U.S.
emission levels relative to the standard. fuel tank permeation standard. Manufacturers certify their fuel
The general ABT concept is discussed Therefore, a manufacturer can earn systems by grouping them into emission
in detail in Section II.C.3. In many more time to meet the 1.5 g/m2/day families that have similar emission
cases, an ABT program can improve standard if they have an alternative characteristics. The emission family
technological feasibility, provide approach that will reduce permeation definition is fundamental to the
manufacturers with additional product by a lesser amount earlier than 2008. certification process and to a large
degree determines the amount of testing slosh, pressure-vacuum cycling, for fuel tanks with low permeation rates.
required for certification. The temperature cycling, and ultra-violet Permeation loss is determined by
regulations include specific light exposure, are described in more measuring the weight of the fuel tank
characteristics for grouping emission detail in Section IV.D.1. The purpose of before and after testing and taking the
families for each category of tanks and these preconditioning steps is to help difference. Once the mass change is
hoses. For fuel tanks, key parameters demonstrate the durability of the fuel determined it is divided by the
include wall thickness, material used tank permeation control under manufacturer provided tank surface area
(including additives such as pigments, conditions that may occur in use. For and the number of days of soak to get
plasticizers, and UV inhibitors), and the fuel hoses, the only preconditioning the emission rate. As an option,
emission-control strategy applied. For step that we are requiring is a fuel soak permeation may be measured using
hoses, key parameters include material, to ensure that the permeation rate is alternative methods that will provide
wall thickness, and emission-control stabilized prior to testing. Data from equivalent or better accuracy. Such
strategy applied. To address a before and after the durability tests methods include enclosure testing as
manufacturer’s unique product mix, we would be used to determine described in 40 CFR part 86. The fuel
may approve using broader or narrower deterioration factors for the certified used for this testing will be a blend of
engine families. The certification fuel tanks. The durability factors would 90-percent gasoline and 10-percent
process for vehicle permeation is similar be applied to permeation test results to ethanol. This fuel is consistent with the
as for the process for certifying engines determine the certification emission test fuel used for highway evaporative
(see Section II.C.1). level of the fuel tank at full useful life. emission testing.
The manufacturer would still be To determine permeation emission
4. What Durability Provisions Apply?
responsible for ensuring that the fuel deterioration factor, we are specifying
We are adopting several additional tank and hose meet the permeation three durability tests: slosh testing,
provisions to ensure that emission standards throughout the useful life of pressure-vacuum cycling, and ultra-
controls will be effective throughout the the vehicle. violet exposure. The purpose of these
life of the vehicle. This section We recognize that vehicle deterioration tests is to help ensure that
discusses these provisions for manufacturers will likely depend on the technology is durable and the
permeation from recreational vehicles. suppliers/vendors for treated tanks and measured emissions are representative
More general certification and fuel hoses. We believe that, in addition of in-use permeation rates. For slosh
compliance provisions, which apply to normal business practices, our testing testing, the fuel tank is filled to 40-
across different vehicle categories, are requirements will help assure that percent capacity with E10 fuel and
discussed in Sections II and VII, suppliers/vendors consistently meet the rocked for 1 million cycles. The
respectively. performance specifications laid out in
a. How long do my vehicles have to pressure-vacuum testing contains
the certificate. 10,000 cycles from ¥0.5 to 2.0 psi.
comply? Manufacturers would be
required to build fuel systems that meet D. Testing Requirements These two durability tests are based on
the emission standards over each To obtain a certificate allowing sale of draft recommended SAE practice.68 The
vehicle’s useful life. For the permeation products meeting EPA emission third durability test is intended to assess
standards, we use the same useful life standards, manufacturers generally must potential impacts of UV sunlight (0.2
as discussed in Section III.C.4.a for show compliance with such standards µm—0.4 µm) on the durability of the
exhaust emissions from recreational through emission testing. The test surface treatment. In this test, the tank
vehicle engines based on the belief that procedures for determining permeation must be exposed to a UV light of at least
fuel system components and engines are emissions from fuel tanks and hoses on 0.40 W-hr/m2 /min on the tank surface
intended to have the same design life. recreational vehicles are described for 15 hours per day for 30 days.
Further, we are applying the same below. This section also discusses Alternatively, it can be exposed to direct
warranty period for permeation design-based certification as an natural sunlight for an equivalent period
emission related components of the fuel alternative to performing specific of time.
system as for exhaust emission-related testing. We originally sought comment on
components of the vehicle (See Section applying the procedures in 49 CFR part
1. What Are the Test Procedures for 173, appendix B, but upon further
III.C.4.b).
b. How do I demonstrate emission Measuring Permeation Emissions From evaluation and receipt of additional
durability? We are adopting several Fuel Tanks? information found these inadequate for
additional provisions to ensure that Prior to testing the fuel tanks for our purposes. The 49 CFR part 173 test
emission controls will be effective permeation emissions, the fuel tank procedure is designed for testing plastic
throughout the life of the vehicle. must be preconditioned by allowing the receptacles for transporting hazardous
Vehicle manufacturers must tank to sit with fuel in it until the chemicals. This test focus on
demonstrate that the permeation hydrocarbon permeation rate has temperatures and durability procedures
emission-control strategies will last for stabilized. Under this step, the fuel tank that do not represent recreational
the useful life of the vehicle. Any must be filled with a 10-percent ethanol vehicle use.
deterioration in performance would blend in gasoline (E10), sealed, and 2. What Are the Test Procedures for
have to be included in the family soaked for 20 weeks at a temperature of Measuring Permeation Emissions From
emissions limit. This section discusses 28 ± 5°C. Once the soak period has Fuel System Hoses?
durability provisions for fuel tanks and ended, the fuel tank is drained, refilled
hoses. with fresh fuel, and sealed. The The permeation rate of fuel from
For plastic fuel tanks, we are permeation rate from fuel tanks is hoses would be measured at a
specifying a preconditioning and four measured at a temperature of 28 ± 2°C temperature of 23 ± 2°C using SAE
durability steps that must be performed over a period of at least 2 weeks. 68 Draft SAE Information Report J1769, ‘‘Test
in conjunction with the permeation Consistent with good engineering Protocol for Evaluation of Long Term Permeation
testing for certification to the standard. judgment, a longer period may be Barrier Durability on Non-Metallic Fuel Tanks,’’
These steps, which include fuel soaking, necessary for an accurate measurement (Docket A–2000–01, document IV–A–24).
method J3069 with E10. The hose must under ASTM D814.72 A metal fuel tank F. Technological Feasibility
be preconditioned with a fuel soak to with seals that meet this design criteria We believe there are several strategies
ensure that the permeation rate has would readily pass the standard. that manufacturers can use to meet our
stabilized. The fuel to be used for this Fuel hoses can be certified by design permeation emission standards. This
testing would be a blend of 90-percent as being manufactured in compliance section gives an overview of this
gasoline and 10-percent ethanol. This technology. See Chapters 3 and 4 of the
with certain accepted SAE
fuel is consistent with the test fuel used Final Regulatory Support Document for
specifications. Specifically, a fuel hose
for highway evaporative emission more detail on the technology discussed
testing. Alternatively, for purposes of meeting the SAE J30 R11–A or R12
requirements could be design-certified here.
submission of data at certification,
permeation could be measured using to the standard. In addition, fuel line 1. Implementation Schedule
alternative equipment and procedures meeting the SAE J226073 Category 1
requirements could be design-certified The permeation emission standards
that provide equivalent results. To use for fuel tanks become effective in the
these alternative methods, to the standard. These fuel hoses and
2008 model year. Several technologies
manufacturers would have to apply to fuel line specifications are based on 15-
are available that could be used to meet
us and demonstrate equivalence. percent methanol fuel and higher
this standard. Surface treatments to
Examples of alternative approaches that temperatures. We believe that fuel hoses
reduce tank permeation are widely used
we anticipate manufacturers may use and lines that are tested and meet these
today in other container applications,
are the recirculation technique requirements would also meet our hose and the technology and production
described in SAE J1737,70 enclosure- permeation standards because both are facilities needed to conduct this process
type testing such as in 40 CFR part 86, generally acknowledged as representing exist. Selar is used by at least one
or weight loss testing such as described more stringent test parameters. In the portable fuel tank manufacturer and has
in SAE J1527.71 future, if new SAE specifications are also been used in automotive
3. Can I Certify Based on Engineering developed which are consistent with applications. Plastic tanks with
Design Rather Than Through Testing? our hose permeation standards, we coextruded barriers have been used in
would consider including hoses meeting automotive applications for years.
In general, test data would be required
the new SAE requirements as being able However, fuel tanks used in recreational
to certify fuel tanks and hoses to the
to certify by design. vehicles are primarily (but not
permeation standards. Test data could
be carried over from year to year for a At certification, manufacturers will exclusively) high-density polyethylene
given emission-control design. We do have to submit an engineering analysis tanks with no permeation control. We
not believe the cost of testing tanks and showing that the tank or hose designs received comments from manufacturers
hose designs for permeation would be will meet the standards throughout their that they would not be able to comply
burdensome especially given that the full useful life. The tanks and hoses will with permeation standards until 2008 or
data could be carried over from year to remain subject to the emission 2009. They stated that, especially for
year, and that there is a good possibility standards throughout their useful lives. fuel tanks, they would need this extra
that the broad emission family concepts The design criteria relate only to the lead time to ensure that the useful life
would lead to minimum testing. issuance of a certificate. requirement can be met on their
However, there are some specific cases products. At the same time, others
where we would allow certification E. Special Compliance Provisions commented that the technology is
based on design. These special cases are already available and that the
We believe that the permeation permeation standards should apply in
discussed below.
We would consider a metal fuel tank control requirements will be relatively 2004. We believe it is appropriate to
to meet the design criteria for a low easy for small businesses to meet, given give manufacturers until the 2008 model
permeation fuel tank because fuel does the relatively low cost of the year for the fuel tank permeation
not permeate through metal. However, requirements and the availability of standards. Manufacturers will need lead
we would not consider this design to be materials and treatment support by time to allow for durability testing and
any more effective than any other low outside vendors. Low permeation fuel other development work associated with
permeation fuel tank for the purposes of hoses are available from vendors today, applying this technology to recreational
any sort of credit program. Although and we would expect that surface vehicles. This is especially true for
metal is impermeable, seals and gaskets treatment would be applied through an manufacturers or vendors who choose to
used on the fuel tank may not be. The outside company. However, to minimize set up their own sulfonation or
design criteria for the seals and gaskets any additional burden these fluorination facilities in-house.
would be that either they would not requirements may impose on small We believe that the low permeation
have a total exposed surface area manufacturers, we are implementing, hose technology can also be applied in
exceeding 1000 mm2, or the seals and where they are applicable to the 2008 time frame. A lower
gaskets would have to be made of a permeation, the same options we permeation fuel hose exists today
material with a permeation rate of 10 g/ proposed for the exhaust emission known as the SAE R9 hose that is as
m2/day or less at 23°C as measured standards. These options for small flexible as the SAE R7 hose used in
recreational vehicle manufacturers are most recreational applications today.
69 SAE Recommended Practice J30, ‘‘Fuel and Oil
described in detail in Section III.E. These SAE hose specifications are
Hoses,’’ June 1998, (Docket A–2000–01, document contained in SAE J30 cited above. This
IV–A–92).
70 SAE Recommended Practice J1737, ‘‘Test 72 ASTM Standard Test Method D 814–95 hose would meet our permeation
Procedure to Determine the Hydrocarbon Losses (Reapproved 2000), ‘‘Rubber Property—Vapor standard on gasoline, but probably not
from Fuel Tubes, Hoses, Fittings, and Fuel Line Transmission of Volatile Liquids,’’ (Docket A– on a 10-percent ethanol blend. As noted
Assemblies by Recirculation,’’1997, (Docket A– 2000–01, document IV–A–95). in Chapter 4 of the Final Regulatory
2000–01, document, IV–A–34). 73 SAE Recommended Practice J2260,
71 SAE Recommended Practice J1527, ‘‘Marine ‘‘Nonmetallic Fuel System Tubing with One or
Support Document, barrier materials
Fuel Hoses,’’1993, (Docket A–2000–01, document More Layers,’’1996, (Docket A–2000–01, document typically used in R9 hose today may
IV–A–19). IV–A–18). have permeation rates 3 to 5 times
higher on a 10-percent ethanol blend 3. Technological Approaches replaced by larger fluorine atoms which
than on straight gasoline. However, a. Fuel tanks. Blow molding is widely creates a barrier on the surface of the
there are several lower permeability used for the manufacture of small fuel fuel tank. In this process, a batch of fuel
barrier materials that can be used in tanks of recreational vehicles. Typically, tanks are generally processed post
rubber hose that will comply with the blow molding is performed by creating production by stacking them in a steel
hose permeation requirement on a 10- a hollow tube, known as a parison, by container. The container is then voided
percent ethanol blend and still be pushing high-density polyethylene of air and flooded with fluorine gas. By
flexible enough for use in recreational (HDPE) through an extruder with a pulling a vacuum in the container, the
vehicles. This hose is available for screw. The parison is then pinched in fluorine gas is forced into every crevice
automotive applications at this time, but a mold and inflated with an inert gas. in the fuel tanks. As a result of this
some lead time may be required to In highway applications, non-permeable process, both the inside and outside
plastic fuel tanks are produced by blow surfaces of the fuel tank would be
apply these hoses to recreational
treated. As an alternative, fuel tanks can
vehicles if hose connection fitting molding a layer of ethylene vinyl
be fluorinated on-line by exposing the
changes were required. For these alcohol (EVOH) or nylon between two
inside surface of the fuel tank to
reasons, we are implementing the hose layers of polyethylene. This process is
fluorine during the blow molding
permeation standard on the same called coextrusion and requires at least
process. However, this method may not
schedule as the tank permeation five layers: the barrier layer, adhesive
prove as effective as off-line fluorination
standards. layers on either side of the barrier layer,
which treats the inside and outside
and HDPE as the outside layers which
2. Standard Levels surfaces.
make up most of the thickness of the Sulfonation is another surface
fuel tank walls. However, multi-layer treatment technology where sulfur
We have identified several strategies
construction requires two additional trioxide is used to create the barrier by
for reducing permeation emissions from extruder screws which significantly
fuel tanks and hoses. We recognize that reacting with the exposed polyethylene
increases the cost of the blow molding to form sulfonic acid groups on the
some of these technologies may be more process. Multi-layer fuel tanks can also
desirable than others for some surface. Current practices for
be formed using injection molding. In sulfonation are to place fuel tanks on a
manufacturers, and we recognize that this method, a low viscosity polymer is
different strategies for equal emission small assembly line and expose the
forced into a thin mold to create each inner surfaces to sulfur trioxide, then
reductions may be better for different side of the fuel tank. The two sides are rinse with a neutralizing agent.
applications. A specific example of then welded together. To add a barrier However, sulfonation can also be
technology that could be used to meet layer, a thin sheet of the barrier material performed using a batch method. Either
the fuel tank permeations would be is placed inside the mold prior to of these processes can be used to reduce
surface barrier treatments such as injection of the poleythylene. The gasoline permeation by more than 95
sulfonation or fluorination. With these polyethylene, which generally has a percent.
surface treatments, more than a 95- much lower melting point than the Over the first month or so of use,
percent reduction in permeation barrier material, bonds with the barrier polyethylene fuel tanks can expand by
emissions from new fuel tanks is material to create a shell with an inner as much as three percent due to
feasible. However, variation in material liner. saturation of the plastic with fuel.
tolerances and in-use deterioration can A less expensive alternative to Manufacturers have raised the concern
reduce this effectiveness. Given the lead coextrusion is to blend a low permeable that this hydrocarbon expansion could
time for the standards, manufacturers resin in with the HDPE and extrude it affect the effectiveness of surface
will be able to provide fuel tanks with with a single screw. The trade name treatments like fluorination or
consistent material quality, and the typically used for this permeation sulfonation. We believe this will not
surface treatment processes can be control strategy is Selar. The low have a significant effect on the
optimized for a wide range of material permeability resin, typically EVOH or effectiveness of these surface treatments.
qualities and additives such as nylon, creates non-continuous platelets California ARB has performed extensive
pigments, plasticizers, and UV in the HDPE fuel tank which reduce permeation testing on portable fuel
inhibitors. We do not expect a large permeation by creating long, tortuous containers with and without these
deterioration in use; however, data on pathways that the hydrocarbon surface treatments. Prior to the
slosh testing suggest that some molecules must navigate to pass through permeation testing, the tanks were
the fuel tank walls. Although the barrier prepared by first performing a durability
deterioration may occur. To
is not continuous, this strategy can still procedure where the fuel container is
accommodate variability and
achieve greater than a 90-percent cycled a minimum of 1000 times
deterioration, we are finalizing a
reduction in permeation of gasoline. between ¥1 psi and 5 psi. In addition,
standard that represents about an 85- EVOH has much higher permeation the fuel containers are soaked with fuel
percent reduction in permeation resistance to alcohol than nylon; for a minimum of four weeks prior to
emissions from plastic fuel tanks. It is therefore, it would be the preferred testing. Their test data, presented in
our expectation that manufacturers will material to use for meeting our standard Chapter 4 of the Final Regulatory
aim for a surface treatment effectiveness which is based on testing with a 10- Support Document show that
rate as near to 100 percent a practical for percent ethanol fuel. fluorination and sulfonation are still
new tanks. Therefore, even with Another type of low permeation effective after this durability testing.
variability and deterioration in use, technology for fuel tanks would be to Manufacturers have also commented
control rates are likely to exceed 85 treat the surfaces of a plastic fuel tanks that fuel sloshing in the fuel tank, under
percent. Several materials are available with a barrier layer. Two ways of normal in-use operation, could wear off
today that could be used as a low achieving this are known as fluorination the surface treatments. However, we do
permeation barrier in rubber hoses. We and sulfonation. The fluorination not believe that this is likely. These
present more detail on these and other process causes a chemical reaction surface treatments actually result in an
technological approaches below. where exposed hydrogen atoms are atomic change in the structure of the
outside surface of the fuel tank. To wear their many designs, resist vibration, and help reduce ozone and CO
off the treatment, the plastic would need to simplify the hose connections and concentrations and will also be valuable
to be worn away on the outside surface. fittings. to individuals operating these engines
In addition, testing by California ARB An alternative approach to reducing in areas with limited fresh air
shows that the fuel tank permeation the permeability of fuel hoses would be circulation. The cost of applying the
standard can be met by fuel tanks that to apply a surface treatment such as anticipated emission-control technology
have been sloshed for 1.2 million cycles. fluorination or sulfonation. This process to these engines is offset by much
Test data on an sulfonated automotive would be performed in a manner similar greater cost savings from reduced fuel
HDPE fuel tank after five years of use to discussed above for fuel tanks. consumption over the engines’
showed no deterioration in the operating lifetime, as described in the
permeation barrier. This data are 4. Conclusions Final Regulatory Support Document.
presented in Chapter 4 of the Final The standards for permeation This section describes the
Regulatory Support Document. emissions from recreational vehicles requirements that apply to engine
Permeation can also be reduced from reasonably reflect what manufacturers manufacturers. See Section II for a
fuel tanks by constructing them out of can achieve through the application of description of our general approach to
a lower permeation material than HDPE. available technology. Manufacturers regulating nonroad engines and how
For instance, metal fuel tanks would not will have several years of lead time to manufacturers show that they meet
permeate. In addition, there are grades select, design, and produce permeation emission standards. See Section VII for
of plastics other than HDPE that could emission-control strategies that will additional requirements for engine
be molded into fuel tanks. One work best for their product lines. We manufacturers, equipment
commenter suggested nylon; however, expect that meeting these requirements manufacturers, and others. See Section
although nylon has excellent will pose a challenge, but one that is VIII for general provisions related to
permeation resistance on gasoline, it has feasible taking into consideration the testing equipment and procedures.
poor chemical resistance to alcohol- availability and cost of technology, lead B. Large SI Engines Covered by This
blended fuels. Other materials, which time, noise, energy, and safety. The role Rule
have excellent permeation even with of these factors is presented in detail in
alcohol-blended fuels are acetal Chapters 3 and 4 of the Final Regulatory Large SI engines covered in this
copolymers and thermoplastic Support Document. section power nonroad equipment such
polyesters. At this time, these materials The permeation standards are based as forklifts, sweepers, pumps, and
are generally much more expensive than on the effective application of low generators. This includes marine
HDPE. permeable materials or surface auxiliary engines, but does not include
b. Hoses. Fuel hoses produced for use treatments. This is a step change in marine propulsion engines or engines
in recreational vehicles are generally technology; therefore, we believe that used in recreational vehicles
extruded nitrile rubber with a cover for even if we set a less stringent (snowmobiles, off-highway motorcycles,
abrasion resistance. Lower permeability permeation standard, these technology and all-terrain vehicles). These other
fuel hoses produced today for other options would likely still be used. In nonroad applications are addressed
applications are generally constructed addition, this technology is relatively elsewhere in this document.
in one of two ways: either with a low inexpensive and can achieve This final rule applies only to spark-
permeability layer or by using a low meaningful emission reductions. The ignition engines. Our most recent
permeability rubber blend. By using standards are expected to achieve more rulemaking for nonroad diesel engines
hose with a low permeation than an 85-percent reduction in adopted a definition of ‘‘compression-
thermoplastic layer, permeation permeation emissions from fuel tanks ignition’’ that addressed the status of
emissions can be reduced by more than and more than 95 percent from hoses. alternative-fuel engines (63 FR 56968,
95 percent. Because the thermoplastic We believe that more stringent October 23, 1998). We are adopting
layer is very thin, on the order of 0.1 to standards could result in significantly updated definitions consistent with
0.2 mm, the rubber hose retains its more expensive materials without those already established in previous
flexibility. Two thermoplastics which corresponding additional emission rulemakings to clarify that all
have excellent permeation resistance, reduction. In addition, the control reciprocating internal combustion
even with an alcohol-blend fuel, are technology would generally pay for engines are either spark-ignition or
ETFE and THV.74 itself over time by conserving fuel that compression-ignition.75 These new
In automotive applications, multilayer would otherwise evaporate. The definitions apply to 40 CFR parts 89 and
plastic tubing, made of fluoropolymers projected costs and fuel savings are 1048. Spark-ignitions include gasoline-
is generally used. An added benefit of discussed in Chapter 5 of the Final fueled engines and any others that
these low permeability lines is that Regulatory Support Document. control power with a throttle and follow
some fluoropolymers can be made to the theoretical Otto cycle. Compression-
conduct electricity and therefore can V. Large Spark-Ignition (SI) Engines ignition engines are any reciprocating
prevent the buildup of static charges. A. Overview internal-combustion engines that are not
Although this technology can achieve spark-ignition engines. Under these
This section applies to most nonroad definitions, it is possible for a diesel-
more than an order of magnitude lower
spark-ignition engines rated over 19 kW derived engine to fall under the spark-
permeation than barrier hoses, it is
(‘‘Large SI engines’’). The emission ignition program. We believe the
relatively inflexible and may need to be
standards will lead to emission requirements adopted in this rule are
molded in specific shapes for each
reductions of about 90 percent for CO, feasible and appropriate for these
recreational vehicle design.
NOX, and HC. Since the emission engines. However, we will allow such
Manufacturers have commented that
they would need flexible hose to fit standards are based on engine testing engines over 250 kW to instead meet the
with broadly representative duty cycles, requirements that apply to nonroad
74 ethylene-tetrafluoro-ethylene (ETFE), tetra- these estimated reductions apply to all
fluoro-ethylene, hexa-fluoro-propylene, and types of equipment using these engines. 75 Gas turbines are non-reciprocating internal
vinyledene fluoride (THV). Reducing Large SI engine emissions will combustion engines.
diesel engines. We believe this is 2. Exclusion for Engines Used Solely for standards, as long as the modifications
appropriate for several reasons. First, Competition don’t affect its emissions.
the technology requirements are 4. Lawn and Garden Engine Exemption
comparable between programs. The For Large SI engines we proposed the
existing regulatory definition for Most Large SI engines, rated over 19
nonroad diesel emission standards,
nonroad engines, with excludes engines kW, have a total displacement greater
which apply over the longer useful life
used solely for competition. As than one liter. The design and
characteristic of diesel engines, are
described in the proposed rule, we are application of the few Large SI engines
slightly more stringent for CO and not aware of any manufacturers currently being produced with
slightly less stringent for HC+NOX. The producing new engines that are displacement less than one liter are very
calibration changes needed to adjust intended only for competition. As a similar to those of engines rated below
these emission levels are not result, we are not adopting any specific 19 kW, which are typically used for
fundamental to the overall design of the provisions addressing a competition lawn and garden applications. As
emission-control system. Second, the exclusion for manufacturers. Part 1068 described in the most recent rulemaking
diesel engine manufacturers producing of the regulations includes provisions for these smaller engines, manufacturers
these engines are already set up to do addressing the practice of modifying may certify engines between 19 and 30
testing based on test procedures that certified engines for competition (see kW with total displacement of one liter
apply to diesel engines. To the extent Section VII.C). or less to the requirements we have
that they would incur costs to be able already adopted in 40 CFR part 90 for
3. Motor Vehicle Engine Exemption engines below 19 kW (see 65 FR 24268,
to run test procedures specified for
Large SI engines, these costs would In some cases an engine manufacturer April 25, 2000). We are not changing
likely not correspond with improving may want to modify a certified this provision, and engines so certified
emission-controls. Third, these engines automotive engine for nonroad use to would not be subject to the
share important technical characteristics sell the engine without recertifying it as requirements that apply to Large SI
with diesel engines and are likely to a Large SI engine. We are therefore engines. This approach allows
experience in-use operation that is more adopting an exemption from the Large manufacturers of small air-cooled
like that of nonroad diesel engines. In SI standards in 40 CFR part 1048 for engines to certify their engines rated
engines that are already certified to the between 19 and 30 kW with the program
addition, they are installed in
emission standards in 40 CFR part 86 adopted for the comparable engines
applications that also use diesel
for highway applications. To qualify for with slightly lower power ratings. This
engines, not Large SI engines. is also consistent with the provisions
this exemption from separately
Several types of engines are excluded adopted by California ARB, except for
certifying to nonroad standards, the
or exempted from these new manufacturer must makes no changes to the addition of the 30-kW cap to prevent
regulations. The following sections the engine that might affect its exhaust treating high-power engines under the
describe the types of special provisions or evaporative emissions. Companies program that applies to lawn and garden
that apply uniquely to nonrecreational using this exemption must report engines.
spark-ignition engines rated over 19 kW. annually to us, including a list of its Technological, economic, and
Section VII.C covers several additional exempted engine models. For engines environmental issues associated with
exemptions that apply generally across included under this provision, the few engine models with rated power
programs. manufacturers of the vehicle or engine over 19 kW, but with displacement at or
must generally meet all the below 1 liter, were previously analyzed
1. Stationary Engine Exclusion in the rulemaking for nonroad spark-
requirements from 40 CFR part 86 that
would apply if the engine were used in ignition engines below 19 kW. This rule
Consistent with the Clean Air Act, therefore does not specifically address
stationary-source engines are not a motor vehicle. Section 1048.605 of the
regulations describes the qualifying the provisions applying to them or
nonroad engines, so the emission repeat the estimated impacts of adopting
standards don’t apply to engines used in criteria and responsibilities in greater
detail. emission standards.
stationary applications. In general, an Conversely, we are aware that some
engine that would otherwise be We generally prohibit equipment or engines rated below 19 kW may be part
considered a Large SI engine is not vehicle manufacturers from producing of a larger family of engine models that
considered a nonroad engine if it will be new nonroad equipment that does not includes engines rated above 19 kW.
either installed in a fixed position or if have engines certified to nonroad This may include, for example, three-
it will be a portable (or transportable) emission standards. However, in some and four-cylinder engine models that
engine operating for at least one-year cases a manufacturer may want to are otherwise identical. To avoid the
periods without moving throughout its produce vehicles certified to highway need to separate these engines into
lifetime. We are adopting the same emission standards for nonroad use. We separate engine families (certified under
definitions for these engines that have are providing an exemption for these completely different control programs),
already been established for other manufacturers, as long as there is no manufacturers may certify any engine
change in the vehicle’s exhaust or rated under 19 kW to the more stringent
programs. These stationary engines (that
evaporative emission-control systems. Large SI emission standards. Such an
would otherwise qualify as Large SI
For example, a mining company may engine is then exempt from the
engines) must have an engine label
want to use a pickup truck for dedicated requirements of 40 CFR part 90.
identifying their excluded status. This is work at a mine site, but special-order
especially valuable for importing the trucks from the manufacturer with C. Emission Standards
excluded engines without complication modifications that cause the truck to no In October 1998, California ARB
from U.S. Customs officials. It also helps longer qualify as a motor vehicle. adopted emission standards for Large SI
us ensure that such engines are Manufacturers may produce such a engines. We are extending these
legitimately excluded from emission modified version of a truck that has requirements to the rest of the U.S. in
standards. been certified to the motor-vehicle the near term. We are also revising the
emission standards and adding various emission reductions with minimal lead in emissions that contribute to ambient
provisions in the long term, as described time. The final requirements includes air-pollution problems. At the same
below. The near-term and the long-term two principal adjustments to align with time, we recognize that these engines
emission standards are based on three- the California ARB standards. First, we are used in many applications where
way catalytic converters with electronic specify that manufacturers’ there are concerns about personal
fueling systems to control emissions, deterioration factors for 2004 through exposure to the engine exhaust,
and differ primarily in terms of how 2006 model years should be based on including workplace exposure, focusing
well the controls are optimized. In emission measurements over 3500 hours primarily on CO exposure. It is
addition to the anticipated emission of engine operation, rather than the full appropriate to take such concerns into
reductions, we project that these useful life of 5000 hours. Second, for consideration in setting the level of the
technologies will provide large savings those same model years, we are standards. In this case, where the
to operators as a result of reduced fuel applying an emission standard of 5.4 g/ equipment using these engines can vary
consumption and other performance kW-hr (4.0 g/hp-hr) HC+NOX for any in- substantially and where the emission-
improvements. use testing to account for the potential control technology means there is a
An important element of the control for additional deterioration beyond 3500 trade-off between HC+NOX control and
program is the attempted harmonization hours. This allowance for higher in-use CO control, it is difficult to set a single,
with the requirements adopted by emissions is a temporary provision to optimal standard for all three pollutants.
California ARB. We are aware that ensure the feasibility of compliance in In such a situation it is reasonable to
inconsistent or conflicting requirements the early years of the program. Testing have more than one set of standards to
may lead to additional costs. has shown that with additional design allow an engine to use technologies
Cooperation between agencies has time, manufacturers can incorporate focused on controlling the pollutants of
allowed a great degree of harmonization. emission-control technologies with most concern for a specific application.
In addition to the common structure of sufficient durability that the long-term We are not in a position, however, to
the programs, the specific provisions standards do not require a separate in- readily identity the specific levels of
that make up the certification use standard. This is separate from the alternative standards that are
requirements and compliance programs field-testing standards described below. appropriate for each application or to
are consistent with very few exceptions. Testing has shown that additional pick specific applications that should go
In most of the cases where individual time to optimize designs to better with different standards. We also want
provisions differ, the EPA language is control emissions will allow to ensure that engines significantly
more general than that adopted by manufacturers to meet significantly reduce emissions of all three pollutants.
California, rather than being more stringent emission standards that To address this, we are setting a
incompatible. The following sections are based on more robust measurement combination of standards requiring
describe the requirements in greater procedures. We are therefore adopting a more effective emission controls starting
detail. second tier of standards to require with the 2007 model year. First, we are
additional emission reductions. These setting benchmark emission standards
1. What Are the Emission Standards and of 2.7 g/kW-hr (2.0 g/hp-hr) for HC+NOX
later standards require manufacturers to
Compliance Dates? emissions and 4.4 g/kW-hr (3.3 g/hp-hr)
control emissions under both steady-
a. Exhaust emissions. We are adopting state and transient engine operation, as for CO emissions. The emission
standards starting in the 2004 model described in Section V.D below). Setting standards apply to measurements
year consistent with those adopted by the emission standards to require during duty-cycle testing under both
California ARB. These standards, which additional control involves separate steady-state and transient operation,
apply to testing only with the applicable consideration of the achievable level of including certification, production-line
steady-state duty cycles, are 4.0 g/kW-hr control for HC+NOX and CO emissions. testing, and in-use testing.76 These
(3.0 g/hp-hr) for HC+NOX emissions and While HC+NOX emissions contribute to emission levels provide for substantial
50 g/kW-hr (37 g/hp-hr) for CO nonattainment of ozone air quality control of HC+NOX emissions (in fact,
emissions. See Section V.D for further standards, CO emissions contribute to these standards are more stringent than
discussion of the steady-state duty nonattainment of CO air quality those proposed), but also contain
cycles. We expect manufacturers to standards and potentially harmful substantial control of CO emissions to
meet these standards using three-way exposures of individuals where engines protect against individual exposure as
catalytic converters and electronically are operating in areas where fresh well as CO nonattainment.
controlled fuel systems. These systems airflow may be restricted. Emission- We are also including an option for
are similar to those used for many years control technology is able to manufacturers to certify their engines to
in highway applications, but not simultaneously control these three different emission levels to allow
necessarily with the same degree of pollutants, but a tradeoff between NOX manufacturers to build engines whose
sophistication. and CO emissions persists for any given emission controls are more weighted
Adopting emission standards for these system. This relationship is determined toward controlling NOX emissions to
engines starting in 2004 allows a by an engine’s precise control of air-fuel reflect the inherent tradeoff of NOX and
relatively short lead time. However, ratios—shifting to air-fuel ratios slightly CO emissions. Generally this involves
manufacturers will be able to achieve lean of stoichiometric increases NOX meeting a less stringent CO standard if
this by expanding their production of emissions but decreases CO emissions a manufacturer certifies an engine with
the same engines they will be selling in and vice versa. Engines using different lower HC+NOX emissions. Table V.C–1
California at that time. We have fuels face this same situation, though shows several examples of possible
designed our 2004 standards to require gasoline engines operating under heavy combinations of HC+NOX and CO
no additional development, design, or load generally need to shift to richer air- emission standards. The highest
testing beyond what California ARB fuel ratios to prevent accelerated allowable CO standard is 20.6 g/kW-hr
already requires. Adopting these near- engines wear from very high (15.4 g/hp-hr), which corresponds with
term emission standards allows us to set combustion temperatures. HC+NOX emissions below 0.8 g/kW-hr
early requirements to introduce the low- Our primary focus in setting the level
emission technologies for substantial of the emission standards is reductions 76 See Section V.D for a discussion of duty cycles.
(0.6 g/hp-hr). Manufacturers certify to guarantee workplace safety or to set a transient duty cycle. If a manufacturer
any HC+NOX level between and safety standard. Rather, we intend to shows us that this type of engine
including 0.8 and 2.7 g/kW-hr, rounding facilitate the use of engine-based control operation keeps it from meeting the CO
to the nearest 0.1 g/kW-hr. They will technologies so that owners and emission standard shown above for
certify also to the corresponding CO operators can purchase equipment to specific models, we will approve a
level, as calculated using the formula help them address these concerns. separate CO emission standard of 31.0
below, again rounding to the nearest 0.1 We are not adopting any controls or g/kW-hr that would apply only to
g/kW-hr. limits to restrict the sale of engines steady-state testing. This standard
meeting certain requirements into reflects the adjustment needed at high-
TABLE V.C–1.—SAMPLES OF POS- certain applications. We believe that the load operation and would apply to any
SIBLE ALTERNATIVE DUTY-CYCLE manufacturers and customers for these steady-state tests for certification,
EMISSION STANDARDS FOR LARGE products will together make educated production-line testing, or in-use
SI ENGINES(G/KW-HR)* choices regarding the appropriate mix of testing. To prevent high in-use emission
emission controls for each application levels, we are adopting several
HC+NOX CO and that market forces will properly additional provisions related to this
balance emission controls for the separate CO standard. Manufacturers
2.7 ................................................. 4.4 different pollutants in specific must show that enrichment is necessary
2.2 ................................................. 5.6 applications. We believe that customers to protect the engine from damage and
1.7 ................................................. 7.9 for these applications, some of whom that enrichment will be limited to
1.3 ................................................. 11.1 are subject to occupational air-quality operating modes that require additional
1.0 ................................................. 15.5 standards for related pollutant
0.8 ................................................. 20.6
cooling to protect the engine from
concentrations, will be well placed to damage. In addition, manufacturers
* As described in the Final Regulatory Sup- make informed choices regarding air- must show in their application for
port Document and the regulations, the values pollution control, especially given their certification that enrichment will rarely
in the table are related by the following for- ability to make choices based on the
mula: (HC+NOX) x CO0.784 = 8.57. These val- occur in the equipment in which your
ues follow directly from the logarithmic rela- specific environmental circumstances of engines are installed (for example, an
tionship presented with the proposal in the each particular customer.77 engine that is expected to operate 5
Draft Regulatory Support Document. We are adopting field-testing percent of the time in use with
We believe this flexible approach to standards of 3.8 g/kW-hr (2.8 g/hp-hr) enrichment would clearly not qualify).
setting standards is the most appropriate for HC+NOX and 6.5 g/kW-hr (4.9 g/hp- Finally, manufacturers must include in
and efficient way to allocate the hr) for CO. As described above for duty- the emission-related installation
different design strategies to achieve cycle testing, field-testing allows for the instructions any steps necessary for
effective reductions of HC+NOX same pattern of optional emission someone installing the engines to
emissions while providing for the best standards to reflect the tradeoff of CO prevent enrichment during normal
control of CO emissions where it is most and NOX emissions. See Section V.D.5 operation. This option does not apply to
needed. Testing has shown that for more information about field testing. transient or field testing, so these
emission controls are more likely to As described in Chapter 4 of the Final engines would need to meet the same
experience degradation with respect to Regulatory Support Document, we formula for HC+NOX and CO standards
controlling CO emissions than HC or believe manufacturers can achieve these that apply to other engines for transient
NOX emissions. Manufacturers therefore emission standards by optimizing testing and for field testing. By tying the
have a natural incentive to certify currently available three-way catalysts CO standard for these engines to the
engine families with an HC+NOX and electronically controlled fuel highest allowable CO emission level for
emission level as low as possible to systems. field testing, we are effectively requiring
Two additional provisions apply to that manufacturers ensure that in-use
increase the compliance margin for
specific situations. First, some engines engines employ engine-protection
meeting the CO standard. In addition,
need to operate with rich air-fuel ratios strategies no more frequently than is
many of these engines will be used in
at high loads to protect the engine from reflected in the steady-state duty cycles
applications where ozone is of more
overheating. This is especially true for for certification.
concern. As a result, we expect
gasoline-fueled engines, which typically
manufacturers to design most of their Second, equipment manufacturers
experience higher combustion
engines to operate substantially below have made it clear that some nonroad
temperatures. When operating at such
the 2.7 g/kW-hr standard for HC+NOX applications involve operation in severe
air-fuel ratios, the engines may be
emissions. This approach also environments that require the use of air-
unable to meet the CO emission
encourages manufacturers to cooled engines. These engines rely on
standard during steady-state testing
continually improve their control of air movement instead of an automotive-
because the steady-state duty cycle
HC+NOX emissions over time. At the style water-cooled radiator to maintain
involves sustained operation under
same time, to the extent that purchasers acceptable engine temperatures. Since
high-load conditions, unlike the
want engines with low CO emission air cooling is less effective, these
levels, particularly for exposure-related 77 While the emission standards in this final rule engines rely substantially on
concerns, manufacturers will be able to require substantial emission reductions of CO and enrichment to provide additional
produce compliant engines that will other harmful pollutants from nonroad engines, this cooling relative to water-cooled engines.
provide appropriate protection. Note does not replace the need for ongoing regulation of At these richer air-fuel ratios, catalysts
air quality to protect occupational safety and health.
that engines operating at the highest More specifically, in accordance with the
are able to reduce NOX emissions but
allowable CO emission levels under the limitations provided in Section 310(a) of the Clean oxidation of CO emissions is much less
2007 standards will still be substantially Air Act (42 U.S.C. section 7610(a)), nothing in this effective. As a result, we are adopting
reducing CO emissions compared with rule affects the Occupational Safety and Health emission standards for these ‘‘severe-
Administration’s authority to enforce standards and
baseline levels. The emission standards other requirements under the Occupational Safety
duty’’ engines of 2.7 g/kW-hr for
in this final rule will achieve substantial and Health Act of 1970 (29 U.S.C. sections 651 et HC+NOX and 130 g/kW-hr for CO.
reductions, but are not designed to seq.). These standards apply to duty-cycle
emission testing for both steady-state methane in the exhaust. Methane could be devised it would need to be
and transient measurements (for generally does not contribute to ozone very complex and would achieve little,
certification, production-line, and information, so it is often excluded from if any, advantage to manufacturers
use testing). The corresponding field- emission measurements. We have beyond the advantages already
testing standards are 3.8 g/kW-hr for therefore specified nonmethane embodied in the flexible approach we
HC+NOX and 200 g/kW-hr for CO. hydrocarbon emissions for comparison are adopting.
Severe-duty applications include with the standard for natural gas However, as an alternative to a
concrete saws and concrete pumps. engines. However, the emission program of calculating emission credits
These types of equipment are exposed standards based on measuring emissions for averaging, banking, and trading, we
to high levels of concrete dust, which in the field depend on total are adopting a simpler approach of
tends to form a thick insulating coat hydrocarbons. We are therefore ‘‘family banking’’ to help manufacturers
around any heat-exchanger surfaces and adopting a NOX-only field-testing transition to new emission standards
exposes engines to highly abrasive dust standard for natural gas engines instead (see 40 CFR 1048.145 of the
particles. Manufacturers may request of a HC+NOX standard. Since control of regulations). Manufacturers may certify
approval in identifying additional NOX emissions for natural gas engines an engine family early, which would
severe-duty applications subject to these poses a significantly greater challenge allow them to delay certification of
less stringent standards if they can than controlling nonmethane smaller engine families. This would be
provide clear evidence that the majority hydrocarbons, duty-cycle testing based on the actual sales of each engine
of installations need air-cooled engines provides adequate assurance that these family; this requires no calculation or
as a result of operation in a severe-duty engines have sufficiently low accounting of emission credits. The
environment. This arrangement hydrocarbon emission levels. manufacturer would have actual sales
generally prevents these higher-emitting Manufacturers must show that they figures for the early family at the end of
engines from gaining a competitive meet these duty-cycle standards for the production year, which would yield
advantage in markets that don’t already certification and the engines remain a total number of allowable sales for the
use air-cooled engines. subject to the nonmethane hydrocarbon engine family with delayed compliance.
We believe three years between standard in-use when tested over the Manufacturers may certify engines to
phases of emission standards allows same duty-cycles. the 2004 standards early, but this would
manufacturers enough lead time to meet b. Evaporative emissions. We are provide benefits only for complying
the more stringent emission standards. adopting requirements related to with the 2004 standards. These
The projected emission-control evaporative and permeation emissions ‘‘credits’’ would not apply to engines for
technologies for the 2004 emission from gasoline-fueled Large SI engines. meeting the 2007 standards.
standards should be capable of meeting For controlling diurnal emissions, we
3. Is EPA Adopting Voluntary Blue Sky
the 2007 emission levels with additional are adopting an emission standard of 0.2
Standards for These Engines?
optimization and testing. In fact, grams of hydrocarbon per gallon of fuel
manufacturers may be able to apply tank capacity during a 24-hour period. We are adopting voluntary Blue Sky
their optimization efforts before 2004, In addition, we specify that standards for Large SI engines. We are
leaving only the additional testing manufacturers use fuel lines meeting an setting a target of 0.8 g/kW-hr (0.6 g/hp-
demonstration for complying with the industry standard for permeation- hr) HC+NOX and 4.4 g/kW-hr (3.3 g/hp-
2007 standards. The biggest part of the resistance. Finally, we require that hr) CO as a qualifying level for Blue Sky
optimization effort may be related to manufacturers take steps to prevent fuel Series engines. The corresponding field-
gaining assurance that engines will meet from boiling. We expect certification of testing standards for Blue Sky Series
field-testing emission standards manufacturers’ equipment to be design- engines are 1.1 g/kW-hr (0.8 g/hp-hr)
described in Section V.D.5, since based, as compared with conducting a HC+NOX and 6.6 g/kW-hr (4.9 g/hp-hr)
engines will not be following a full emission-measurement program CO. These voluntary standards are
prescribed duty cycle. during certification. As such, meeting based on achieving the maximum
For engines fueled by gasoline and these evaporative requirements is much control of both HC+NOX and CO
liquefied petroleum gas (LPG), we more like meeting the requirements emissions, as described in Section
specify emission standards based on related to controlling crankcase V.C.1. To achieve these emission levels,
total hydrocarbon measurements, while emissions and is therefore discussed in manufacturers will need to apply
California ARB standards are based on detail in Section V.C.4 below. significantly additional technology
nonmethane hydrocarbons. We believe beyond that required for the mandatory
that switching to measurement based on 2. May I Average, Bank, or Trade standards.
total hydrocarbons simplifies testing, Emission Credits? Manufacturers may start producing
especially for field testing of in-use We are not including an averaging, engines to these voluntary standards
engines with portable devices (See banking, and trading program for immediately after this final rule
Section V.D.5). To maintain consistency certifying engines. As described in becomes effective. In addition, we are
with California ARB standards in the Chapter 4 of the Final Regulatory adopting interim voluntary standards
near term, we will allow manufacturers Support Document, we believe that corresponding with the introduction of
to base their certification through 2006 manufacturers will generally be able to new emission standards. Since
on either nonmethane or total rely on a relatively uniform application manufacturers will not be complying
hydrocarbons (see 40 CFR 1048.145). of emission-control technology to meet early to bank emission credits,
Methane emissions from controlled emission standards. The standards were voluntary emission standards are an
engines operating on gasoline or LPG selected based on the capabilities of all appropriate way to encourage
are about 0.1 g/kW-hr. manufacturers to comply with all their manufacturers to meet emission
Operation of natural gas engines is models without an emission-credit standards before the regulatory
very similar to that of LPG engines, with program. Moreover, overlaying an deadline. If manufacturers certify
one noteworthy exception. Since natural emission-credit program on the flexible engines to these voluntary standards,
gas consists primarily of methane, these standards described above would be they are not eligible for participation in
engines have a much higher level of highly impractical. If such a program the family-banking program described
above. In the 2003 model year, components or drifting calibrations over would prevent the emission-control
manufacturers may certify their engines time can prevent an engine from system from functioning properly.
to the requirements that apply starting operating within the specified range. The automotive industry has
in 2004 to qualify for the Blue Sky This increases emissions and can developed a standardized protocol for
designation. Since manufacturers are significantly increase fuel consumption diagnostic systems, including hardware
producing engines with emission- and engine wear. The operator may or specifications, and uniform trouble
control technologies starting in 2001, may not notice the change in the way codes. In the regulations we reference
these engines are available to customers the engine operates. We are not standards adopted by the International
outside of California desiring emission requiring similar diagnostic controls for Organization for Standardization (ISO)
reductions or fuel-economy recreational vehicles or recreational for automotive systems. If
improvements. Similarly, for 2003 marine diesel engines, because the manufacturers find that these standards
through 2006 model years, anticipated emission-control are not applicable to the simpler
manufacturers may certify their engines technologies for these other applications diagnostic design specified for Large SI
to the requirements that start to apply in are generally less susceptible to drift engines, we encourage engine
2007. and gradual deterioration. manufacturers to cooperate with each
This diagnostic requirement focuses other and with other interested
4. Are There Other Requirements for
solely on maintaining stoichiometric companies to develop new standards
Large SI Engines?
control of air-fuel ratios. This kind of specific to nonroad engines.
a. Crankcase emissions. Due to design detects problems such as broken Manufacturers may request approval to
blowby of combustion gases and the oxygen sensors, leaking exhaust pipes, use systems that don’t meet the
reciprocating action of the piston, fuel deposits, and other things that automotive specifications if those
exhaust emissions (mostly require maintenance to keep the engine specifications are not practical or
hydrocarbons) can accumulate in the at the proper air-fuel ratio. appropriate for their engines.
crankcase. These crankcase emissions Some companies are already c. Evaporative emissions. Evaporative
are significant, representing about 33 producing engines with diagnostic emissions occur when fuel evaporates
percent of total exhaust hydrocarbon. systems that check for consistent air- and is vented into the atmosphere. They
Uncontrolled engines route these vapors fuel ratios. Their initiative supports the can occur while an engine or vehicle is
directly to the atmosphere. We have idea that diagnostic monitoring provides operating and even while it is not being
long required that automotive engines a mechanism to help keep engines operated. Among the factors that affect
prevent crankcase emissions. tuned to operate properly, with benefits evaporative emissions are:
Manufacturers typically do this by for both controlling emissions and • Fuel metering (fuel injectors or
routing crankcase vapors through a maintaining optimal performance. There carburetor)
valve into the engine’s air intake system are currently no inspection and • The degree to which fuel permeates
where they are burned in the maintenance programs for nonroad fuel lines and fuel tanks
combustion process. engines, so the most important variable • Proximity of the fuel tank to the
Manufacturers may choose one of two in making the emission control and exhaust system or other heat sources
methods for controlling crankcase diagnostic systems effective is in getting • Whether the fuel system is sealed and
emissions. First, adding positive- operators to repair the engine when the the pressure at which fuel vapors are
crankcase ventilation prevents diagnostic light comes on. This calls for ventilated.
crankcase emissions. Since automotive a relatively simple design to avoid the In addition, some gasoline fuel tanks
engine blocks are already tooled for signaling of false failures as much as may be exposed to heat from the engine
closed crankcases, the cost of adding a possible. The diagnostic requirements in compartment and high-temperature
valve for positive-crankcase ventilation this rule therefore focus on detecting surfaces such as the exhaust pipe. In
for most engines is very small. An inappropriate air-fuel ratios, which is extreme cases, fuel can start boiling,
alternative method addresses specific the most likely failure mode for three- producing very large amounts of
concerns related to turbocharged way catalyst systems. The malfunction- gasoline vapors vented directly to the
engines or engines operating in severe- indicator light must go on when an atmosphere.
duty environments. Where closed engine runs for a full minute under Evaporative emissions from Large SI
crankcases are impractical, closed-loop operation without reaching engines and the associated equipment
manufacturers may therefore measure a stoichiometric air-fuel ratio. represent a significant part of their
crankcase emissions during any overall hydrocarbon emissions. The
Some natural gas engines may meet
emission testing to add crankcase magnitude of evaporative emissions
standards with lean-burn designs that
emissions to measured exhaust varies widely depending on the engine
never approach stoichiometric
emissions for comparing with the design and application. LPG-fueled
combustion. While manufacturers may
standards. equipment generally has very low
b. Diagnosing malfunctions. design these engines to operate at
specific air-fuel ratios, catalyst evaporative emissions because of the
Manufacturers must design their Large tightly sealed fuel system. At the other
SI engines to diagnose malfunctioning conversion (with two-way catalysts)
would not be as sensitive to air-fuel extreme, carbureted gasoline-fueled
emission-control systems starting with equipment can have high rates of
the 2007 model year (see § 1048.110). ratio as with stoichiometric designs. For
these or other engines that rely on evaporation. In 1998, Southwest
Three-way catalyst systems with closed- Research Institute measured emissions
loop fueling control work well only emission-control technologies
incompatible with the diagnostic system from several gasoline-fueled Large SI
when the air-fuel ratios are controlled to engines and found them to vary from
stay within a narrow range around described above, manufacturers must
devise an alternate system that alerts the about 12 g/day up to almost 100 g/day.79
stoichiometry.78 Worn or broken
operator to engine malfunctions that 79 ’’Measurement of Evaporative Emissions from
78 Stoichiometry is the proportion of a mixture of Off-Road Equipment,’’ by James N. Carroll and Jeff
air and fuel such that the fuel is fully oxidized with combustion in gasoline engines typically occurs at J. White, Southwest Research Institute (SwRI 08–
no remaining oxygen. For example, stoichiometric an air-fuel mass ratio of about 14.7. Continued
This study did not take into account the levels related to the air bladder and the adopting a standard that prohibits fuel
possibility of unusually high fuel long-term durability of this type of boiling during continuous operation at
temperatures during engine operation, system are still unknown. Once these 30° C (86° F). Engine manufacturers
as described further below. parameters are established with test must incorporate designs that reduce
We are adopting basic measures to data, perhaps with some additional the heat load to the fuel tank to prevent
reduce evaporative emissions from product development, this technology boiling. For companies that sell loose
gasoline-fueled Large SI engines. First, may then qualify as an option for engines, this may involve instructions to
we are adopting an evaporative design-based certification. Similarly, equipment manufacturers to help
emission standard of 0.2 grams per collapsible bladder tanks, which change ensure, for example, that fuel tank
gallon of fuel tank capacity for 24-hour in volume to prevent generation of a surfaces are exposed to ambient air
day when temperatures cycle between vapor space or vapor emissions, may rather than to exhaust pipes or direct
72° and 96° F. For purposes of eventually be available as a technology engine heat. Engine manufacturers may
certification, manufacturers may choose, for design-based certification once specify a maximum fuel temperature for
however, to rely on a specific design for permeation data are available to confirm the final installation. Such a
certification instead of measuring that systems with these tanks would temperature limit should be well below
emissions. We have identified a meet the standard. Finally, an 53° C (128° F), the temperature at which
technology that adequately prevents automotive-type system that stores fuel summer-grade gasoline (9 RVP)
evaporative emissions such that the tank vapors for burning in the engine typically starts boiling.
design itself would be enough to show would be another alternative An additional source of evaporative
compliance with the evaporative technology, though it is unlikely that emissions is from carburetors.
emission standard for purposes of such a system can be simply Carburetors often have high hot soak
certification. Specifically, pressurized characterized and included as an option emissions (immediately after engine
fuel tanks control evaporative emissions for design-based certification. shutdown). We expect manufacturers to
by suppressing vapor generation. In its In addition, engine manufacturers convert carbureted designs to fuel
standards for industrial trucks operating must use (or specify that equipment injection as a result of the exhaust
in certain environments, Underwriters manufacturers installing their engines emission standards. While we do not
Laboratories requires that trucks use use) fuel lines meeting the industry mandate this technology, we believe the
self-closing fuel caps with tanks that performance standard for permeation- need to reduce exhaust emissions will
stay sealed to prevent evaporative resistant fuel lines developed for motor cause engine manufacturers to use fuel
losses; venting is allowed for positive vehicles.82 While metal fuel lines do not injection on all gasoline engines. This
pressures above 3.5 psi or for vacuum have problems with permeation, change alone will eliminate most hot
pressures of at least 1.5 psi.80 We know manufacturers should use discretion in soak emissions.
that any Large SI engines or vehicles Engine manufacturers using design-
selecting materials for grommets and
operating with these pressures would based certification need to describe in
valves connecting metal components to
meet the standard because test data the application for certification the
avoid high-permeation materials.
confirm the basic chemistry principles selected design measures and
Evaporative emission standards for
related to phase-change pressure specifications to address evaporative
motor vehicles have led to the
relationships showing that fuel tanks losses from gasoline-fueled engines. For
development of a wide variety of
will remain sealed at all times during loose-engine sales, this includes
permeation-resistant polymer
the prescribed test procedure. Also, emission-related installation
components. These permeation
similar to the Underwriters instructions that the engine
requirements are based on
Laboratories’ requirement, we specify manufacturer gives to equipment
manufacturers using a more effective manufacturers. While equipment
that manufacturers must use self-closing
emission controls than that specified for manufacturers must follow these
or tethered fuel caps to ensure that fuel
recreational vehicles. This is installation instruction, the engine
tanks designed to hold pressure are not
appropriate because Large SI manufacturer has the responsibility to
inadvertently left exposed to the
manufacturers are able to use certify a system that meets the
atmosphere.
In some applications, manufacturers automotive-grade materials across their evaporative-related requirements
may want to avoid high fuel-tank product line, while recreational vehicle described in this section. This should
pressures. Manufacturers may be able to manufacturers have pointed out various work in practice, because engine
meet the standard using an air bladder limitations in incorporating automotive- manufacturers already provide
inside the fuel tank that changes in grade materials. Conversely, Large SI equipment manufacturers a variety of
volume to keep the system in manufacturers are not subject to specifications and other instructions to
equilibrium at atmospheric pressure.81 permeation requirements related to fuel ensure that engines operate properly in-
We have data showing that these tanks, since almost all of these tanks are use after installation in the equipment.
systems also would remain sealed at all made of metal. The alternative approach of requiring
times during the prescribed test Finally, based on available equipment manufacturers to certify is
procedure. However, the permeation technologies, manufacturers must take impractical because of the very large
steps to prevent fuel boiling. The number of companies involved.
1076), November 1998, Docket A–2000–01, Underwriters Laboratories specification
document II–A–10. for forklifts attempts to address this 5. What Durability Provisions Apply?
80 ’’Industrial Trucks, Internal Combustion
concern through a specified maximum a. Useful life. We are adopting a
Engine-Powered,’’ UL558, ninth edition, June 28, fuel temperature, but the current limit
1996, paragraphs 26.1 through 26.4, Docket A– useful life period of seven years or until
2000–01, document II–A–28. See Section XI.I for does not prevent fuel boiling.83 We are the engine accumulates at least 5,000
our consideration of incorporating the UL operating hours, whichever comes first.
requirements into our regulations by reference. 82 SAE J2260 ‘‘Nonmetallic Fuel System Tubing
This figure represents a minimum value
81 ’’New Evaporative Control System for Gasoline with One or More Layers,’’ November 1996 (Docket
Tanks,’’ EPA Memorandum from Charles Moulis to A–2000–01, document II–A–03). and may increase as a result of data
Glenn Passavant, March 1, 2001, Docket A-2000–01, 83 UL558, paragraph 19.1.1, Docket A–2000–01, showing that an engine model is
document II–B–16. document II–A–28. designed to last longer. This figure,
which California ARB has already maintenance a manufacturer may the way these systems would perform in
adopted, represents an operating period specify to ensure that engines are the field, using good engineering
that is common for Large SI engines properly maintained for staying within judgment.
before they undergo rebuild. This also emission standards. Manufacturers may Manufacturers may develop
reflects a comparable degree of schedule maintenance on catalysts, fuel deterioration factors for crankcase and
operation relative to the useful life injectors, electronic control units and evaporative controls. However, we do
values of 100,000 to 150,000 miles that turbochargers after 5,000 hours. For not expect these control technologies to
apply to automotive engines (assuming oxygen sensors and cleaning of fuel- experience degradation that would
an average driving speed of 20 to 30 system components, the minimum cause a deterioration factor to be
miles per hour). maintenance interval is 2,500 hours. appropriate.
Some engines are designed for This fuel-system cleaning must be e. In-use fuel quality. Gasoline used in
operation in severe-duty applications limited to steps that can be taken industrial applications is generally the
with a shorter expected lifetime. without disassembling components. We same as that used for automotive
Concrete saws in particular undergo have relaxed this from the proposed applications. Improvements that have
accelerated wear as a result of operating interval of 4,500 hours to take into been made to highway-grade gasoline
in an environment with high account comments emphasizing that therefore carry over directly to nonroad
concentrations of highly abrasive, these maintenance steps will be markets. This helps manufacturers be
airborne concrete dust particles. We are necessary more frequently than the sure that fuel quality will not degrade
allowing manufacturers to request a proposed interval; this shorter interval an engine’s emission-control
shorter useful life for an engine family also reflects the comparable provisions performance after several years of
based on information showing that that apply to automotive systems. sustained operation.
engines in the family rarely operate We are also proposing a diagnostic In contrast, there are no enforceable
beyond the alternative useful-life requirement to ensure that prematurely industry or government standards for
period. For example, if engines failing oxygen sensors or other LPG fuel quality. Testing data indicate
powering concrete saws are typically components are detected and replaced that varying fuel quality has a small
scrapped after 2000 hours of operation, on an as-needed basis. If operators fail direct effect on emissions from a closed-
this would form the basis for to address faulty components after a loop engine with a catalyst. The greater
establishing a shorter useful-life period fault signal, we would not consider that concern is that fuel impurities and
for those engines. engine to be properly maintained. This heavy-end hydrocarbons may cause an
Manufacturers relying on design- could the engine ineligible for accumulation of deposits that can
based certification to meet the manufacturer in-use testing. prevent an emission-control system
evaporative requirements must use good d. Deterioration factors. We are from functioning properly. While an
engineering judgment to show that adopting an approach that gives engine’s feedback controls can
emission controls will work for at least manufacturers wide discretion in how compensate for some restriction in air-
seven years. This may, for example, be to establish deterioration factors for and fuel-flow, deposits may eventually
based on warranty or product- Large SI engines. The general prevent the engine from accurately
performance history from component expectation is that manufacturers will controlling air-fuel ratios at
suppliers. This also applies for systems rely on emission measurements from stoichiometry. As described in the Final
designed to address crankcase engines that have operated for an Regulatory Support Document, test data
emissions. extended period, either in field service show that emission-control systems can
b. Warranty. Manufacturers must or in the laboratory. The manufacturer tolerate substantial fuel-related deposits
provide an emission-related warranty should do testing as needed to be before there is any measurable effect on
for at least the first half of an engine’s confident that their engines will meet emissions. Moreover, the engine
useful life (in operating hours) or three emission standards under the in-use diagnostic systems described in the next
years, whichever comes first. These testing program. In deciding to certify section will notify the operator when
periods must be longer if the an engine family, we can review fuel-related deposits prevent an engine
manufacturer offers a longer mechanical deterioration factors to ensure that the from operating at stoichiometry. In any
warranty for the engine or any of its projected deterioration accurately case, a routine cleaning step should
components; this includes extended predicts in-use deterioration. We will remove deposits and restore the engine
warranties that are available for an extra use results under the in-use testing to proper functioning.
price. The emission-related warranty program to verify the appropriateness of Data from in-use testing will provide
includes components related to deterioration factors. additional information related to the
controlling evaporative and crankcase In the first two or three years of effects of varying fuel quality on
emissions. In addition, we are adopting certification, manufacturers will not yet emission levels. This information will
the warranty provisions adopted by have data from the in-use testing be helpful in making sure that the
California ARB for high-cost parts. For program. Moreover, manufacturers may deterioration factors for certifying
emission-related components whose choose to rely on technologies and engines accurately reflect the whole
replacement cost is more than about calibrations for meeting the long-term range of in-use operating variables,
$400, we specify a minimum warranty standards well before 2007 to simplify including varying fuel quality. Our
period of at least 70 percent of the their product-development efforts. We testing shows that fuel properties of
engine’s useful life (in operating hours) are therefore allowing manufacturers to conventional commercial LPG fuel
or 5 years, whichever comes first. See rely on an assigned deterioration factor allow for durable, long-term control of
§ 1048.120 for a description of which to meet the 2004 standards, while emissions. However, to the extent that
components are emission-related. continuing to require manufacturers to engines operating in specific areas have
c. Maintenance instructions. We are meet the applicable emission standards inferior fuel quality that prevents them
specifying minimum maintenance throughout the useful life for these from meeting emission standards, we
intervals much like those established by engines. The assigned deterioration will be pursuing nationwide
California ARB for Large SI engines. The factor may be derived from any requirements to set minimum quality
minimum intervals define how much available data that would help predict standards for in-use LPG fuel.
D. Testing Requirements and the engine as a function of time. composite emission level. We believe
Supplemental Emission Standards Measured emissions during the this approach for nonroad engines
transient and steady-state segments serves to limit cold-start emissions
1. What Duty Cycles Are Used To
must meet the same emission standards without forcing manufacturers to focus
Measure Emissions?
that apply to all duty cycles. In general, design and testing resources on this
For 2004 through 2006 model years, the duty cycles are intended to portion of operation.
we specify the same steady-state duty represent operation from the wide The transient segment of the general
cycles adopted by California ARB. For variety of in-use applications. This duty cycle is a composite of forklift and
variable-speed engines, this involves the includes highly transient low-speed welder operation. This duty cycle was
testing based on the ISO C2 duty cycle, forklift operation, constant-speed developed by selecting segments of
which has five modes at various operation of portable equipment, and measured engine operation from two
intermediate speed points, plus one intermediate-speed vehicle operation. forklifts and a welder as they performed
mode at rated speed and one idle mode. Ambient temperatures in the their normal functions. This transient
The combined intermediate-speed laboratory must be between 20° and 30° segment captures the wide variety of
points at 10, 25, and 50 percent account C (68° and 86° F) during duty-cycle operation from a large majority of Large
for over 70 percent of the total modal testing. This improves the repeatability SI engines as fork-lifts and constant-
weighting. A separate duty cycle for the of emission measurements when the speed engines represent about 90
large number of Large SI engine engine runs through its prescribed percent of the Large SI market.
providing power for constant-speed operation. We nevertheless expect Emissions measured during this
applications, such as generators, manufacturers to design for controlling segment are averaged over the entire
welders, compressors, pumps, sweepers, emissions under broader ambient transient segment to give a single value
and aerial lifts. Constant-speed testing is conditions, as described in Section in g/kW.
based on the ISO D2 duty cycle, which V.D.5. Steady-state testing consists of engine
specifies engine operation at rated speed The warm-up segment begins with a operation for an extended period at
with five different load points. This cold-start. This means that the engine several discrete speed-load
same steady-state duty cycle applies to should be near room temperature before combinations. Associated with these
constant-speed, nonroad diesel engines. the test cycle begins. (Starting with an test points are weighting factors that
Emission values measured on the D2 engine that is still warm from previous allow a single weighted-average steady-
duty cycle are treated the same as values testing is allowed if good engineering state emission level in g/kW. While any
from the C2 duty cycle; the same judgment indicates that this will not steady-state duty cycle is limited in how
numerical standards apply to both affect emissions.) Once the engine is much it can represent operation of
cycles. started, it operates over the first 3 engines that undergo transient
Manufacturers must generally test minutes of the specified transient duty operation, the distribution of the C2
engines on both the C2 and D2 duty cycle without emission measurement. modes and their weighting values aligns
cycles. Since the C2 cycle includes very The engine then idles for 30 seconds significantly with expected and
little operation at rated speed, it is not before starting the prescribed transient measured engine operation from Large
effective in ensuring control of cycle. The purpose of the warm-up SI engines. In particular, these engines
emissions for constant-speed engines. segment is to bring the engine up to are generally not designed to operate for
The D2 cycle is even less capable of normal operating temperature in a extended periods at high-load, rated
predicting emission performance from standardized way. For severe-duty speed conditions. Field measurement of
variable-speed engines. Manufacturers engines, the warm-up period is engine operation shows, however, that
may, however, choose to certify their extended up to 15 minutes to account forklifts operate extensively at lower
engines on only one of these two steady- for the additional time needed to speeds than those included in the C2
state duty cycles. In this case, they stabilize operating temperatures from duty cycle. While we believe the test
would need to take steps to make sure air-cooled engines. The warm-up period points of the C2 duty cycle are
C2-certified engines are installed only in allows enough time for engine-out representative of engine operation from
variable-speed applications and D2- emissions to stabilize, for the catalyst to many applications of Large SI engines,
certified engines are installed only in warm up enough to become active, and supplementing the steady-state testing
constant-speed applications. Engine for the engine to start closed-loop with a transient duty cycle is necessary
manufacturers would do this by labeling operation. This serves as a defined and to adequately include engine operation
their engines appropriately and achievable target for the design engineer characteristic of what occurs in the
providing installation instructions to to limit cold-start emissions to a field.
make sure equipment manufacturers relatively short period. In addition, we A separate transient duty cycle
and others are aware of the restricted require manufacturers to activate applies to engines that are certified for
certification. Equipment manufacturers emission-control systems as soon as constant-speed applications only. These
are required under the regulations to possible after engine starting to make engines maintain a constant speed, but
follow the engine manufacturer’s clear that it is not acceptable to design can experience widely varying loads.
emission-related installation the emission-control system to start The transient duty cycle for these
instructions. working only after the defined warm-up engines includes 20 minutes of engine
Starting in 2007, we specify an period is complete. In addition, we may operation based on the way engines
expanded set of duty cycles, again with measure emissions during the warm-up work in a welder. Note that
separate treatment for variable-speed period to evaluate whether manufacturers selling engines for both
and constant-speed applications. The manufacturers are employing defeat constant-speed and variable-speed
test procedure is comprised of three devices. In contrast, transient testing of applications may omit the constant-
segments: (1) A warm-up segment, (2) a heavy-duty highway engines requires speed transient test, since that type of
transient segment, and (3) a steady-state separate cold-start and hot-start operation is included in the general
segment. Each of these segments, measurements, with an 86-percent transient test.
described briefly in this section, include weighting assigned to the hot-start A subset of constant-speed engines
specifications for the speed and load of portion in calculating an engine’s are designed to operate only at high
load. To address the operating specifications are nevertheless widely range of adjustability needed to
limitations of these engines, we are available. Test data show that LPG fuels accommodate the varying fuel
adopting a modified steady-state duty with a much lower propane content properties. Manufacturers would show
cycle if the manufacturer provides clear have only slightly higher NOX and CO that these engines can meet emission
evidence showing that engines rarely emissions (see Chapter 4 of the Final standards using normal certification
operate below 75 percent of full load at Regulatory Support Document for fuels, but the normal provisions related
rated speed. Since most Large SI engines additional information). These data to adjustable parameters would not
are clearly capable of operating for support our belief that engines certified apply. To properly constrain this
extended periods at light loads, we using the specified fuel will achieve the provision, we are including four
expect these provisions to apply to very desired emission reduction for a wide requirements. First, manufacturers
few engines. This modified duty cycle range of in-use fuels. At certification would need to add information on an
consists of two equally weighted points, manufacturers provide deterioration engine label instructing operators how
75 percent and 100 percent of full load, factors that take into account any effects to make adjustments that would allow
at rated speed. Since the transient cycle related to the varying quality of for maintained emission control and
described above involves extensive commercially available fuels. overall engine performance. Second,
light-load operation, engines qualifying For natural gas, we are adopting manufacturers would include additional
for this high-load duty cycle would not specifications similar to those adopted label language to warn operators that the
need to measure emissions over the by California ARB. As described in the engine may be used only in applications
transient cycle. Note that the field- Summary and Analysis of Comments, involving noncommercial fuels. Third,
testing emission standards still apply to we have adjusted some of the detailed manufacturers must separate these
engines that don’t certify to transient specifications from the proposal to engines into a distinct engine family.
duty-cycle standards. reflect new data submitted after the Fourth, manufacturers must keep a
Some diesel-derived engines proposal regarding ranges of fuel record of individual sales of such
operating on natural gas with power properties reflecting current commercial engines.
ratings up to 1,500 or 2,000 kW may be fuels.
covered by these emission standards. Unlike California ARB, we apply the 3. Are There Production-Line Testing
Engine dynamometers with transient- fuel specifications to testing only for Provisions for Large SI Engines?
control capabilities are generally limited emission measurements, not to service The provisions described in Section
to testing engines up to 500 or 600 kW. accumulation. Service accumulation II.C.4 apply to Large SI engines. These
At this time emission standards and between emission tests may involve requirements are consistent with those
testing requirements related to transient certification fuel or any commercially adopted by California ARB. One new
duty cycles will not apply for engines available fuel of the appropriate type. issue specific to Large SI engines relates
rated above 560 kW. We will likely We similarly allow manufacturers to to the duty cycles for measuring
review this provision for Large SI choose between certification fuel and emissions from production-line engines.
engines once we have reached a any commercial fuel for in-use For routine production-line testing,
conclusion on the same issue for measurements to show compliance with we require emission measurements only
nonroad diesel engines. For example, if field-testing emission standards. with the steady-state duty cycles used
we propose provisions for nonroad Since publishing the proposal, we for certification. Due to the cost of
diesel engines that address testing learned about issues related to Large SI sampling equipment for transient engine
issues for these very large engines, we engines that operate around landfills or operation, we do not require routine
would likely propose those same oil wells, where engines may burn transient testing of production-line
provisions for Large SI engines. naturally occurring gases that are engines. Transient testing of production-
Test procedures related to evaporative otherwise emitted to the atmosphere. line engines would add a substantial
emissions are described in Section V.C.4 These gases generally consist of burden, since many manufacturers have
above. In general, this involves methane, but a wide range of other limited emission-sampling capability at
measuring evaporative losses during a constituents may also be mixed in. As production facilities; also, these
three-day period of cycling ambient a result, engines may require adjustment production facilities might be located at
temperatures between 72° and 96° F. over a wide range of settings for spark multiple sites. We believe that steady-
timing and air-fuel ratio to maintain state emission measurements will give a
2. What Fuels Are Used During consistent combustion. We generally good indication of the manufacturers’
Emission Testing? believe that engine manufacturers ability to build engines consistent with
For gasoline-fueled Large SI engines, should design their engines to operate the prototypes on which their
we are adopting the same specifications with automatic feedback controls as certification data are based. We reserve
we have established for testing gasoline- much as possible to avoid the need for the right, however, to direct a
fueled highway vehicles and engines. operators to manually adjust engines. manufacturer to measure emissions with
This includes the revised specification However, in cases involving these a transient duty cycle if we believe it is
to cap sulfur levels at 80 ppm (65 FR noncommercial fuels, there is no way to appropriate. One indication of the need
6698, February 10, 2000). These fuel improve the quality of the fuel to for this transient testing would be if
specifications apply for both exhaust conform to any standardized steady-state emission levels from
and evaporative emissions. specifications. Also, it is clearly production-line engines are significantly
For LPG, we are adopting the same preferred to capture and burn these higher than the emission levels reported
specifications established by California gases than to emit them directly to the in the application for certification for
ARB. We understand that in-use fuel atmosphere, both to prevent that engine family. For manufacturers
quality for LPG varies significantly in greenhouse-gas emissions and to avoid with the capability of measuring
different parts of the country and at wasting this source of fuel. To address transient emission levels at the
different times of the year. Not all in-use this concern, we are adopting special production line, we recommend doing
fuels outside California meet California provisions for engines burning transient tests to better ensure that in-
ARB specifications for certification fuel, noncommercial fuels if they are unable use tests will not reveal problems in
but fuels meeting the California to meet emission standards over the full controlling emissions during transient
operation. Manufacturers need not make that might affect their in-use emissions allow manufacturers to demonstrate that
any measurements to show that performance and that we do not have they have designed their engines to
production-line engines meet field- other reason to suspect noncompliance. control emissions substantially below
testing emission standards. Also, where we have evidence that a the emission standards that apply. If
We expect manufacturers generally to manufacturer’s engines are likely in manufacturers are able to show that they
certify their engines to the evaporative good in-use compliance, we generally have already been reducing emissions
requirements using a design-based take the approach of selecting engine more than required by the standards,
approach. Accordingly, the technologies families based on some degree of including appropriate consideration for
we expect manufacturers to use for proportionality. To the extent that deterioration and compliance margins,
controlling evaporative emissions are manufacturers produce a smaller than this may allow us to conclude that these
not subject to variation as a result of average proportion of engines, they may accumulated additional emission
production procedures, so we are not expect us to select their engine families reductions are sufficient to offset the
requiring production-line testing related less frequently, especially if other high emissions from a failing engine
to the evaporative requirements. available data pointed toward in-use family. In concept, this approach serves
4. Are There In-Use Testing Provisions compliance. In addition, our experience much like a banking program to
for Large SI Engines? in implementing a comparable testing recognize manufacturers’ efforts to go
program for recreational marine engines beyond the minimum required emission
While the certification and provides a history of how we implement reductions.
production-line compliance in-use testing requirements. This approach differs from the
requirements are important to ensure Engines can be tested one of two specific in-use emission-credit program
that engines are designed and produced ways. First, manufacturers can remove that we proposed. This more general
in compliance with established engines from vehicles or equipment and approach is preferred for two primary
emission limits, there is also a need to test the engines on a laboratory reasons. First, while we proposed to
confirm that manufacturers build dynamometer using certification limit the in-use emission-credit program
engines with sufficient durability to procedures. For 2004 through 2006 to transient testing in the laboratory,
meet emission limits as they age in model year engines, this is the same manufacturers will now be able to use
service. Consistent with the California steady-state duty cycle used for emission data generated from field
ARB program, we are requiring engine certification; manufacturers may testing to characterize an engine
manufacturers to conduct emission tests optionally test engines on the family’s average emission level. This
on a small number of field-aged engines dynamometer under transient operating becomes necessarily more subjective,
to show they meet emission standards. conditions. For 2007 and later model but allows us to consider a wider range
We may generally select up to 25 year engines, manufacturers must test of information in evaluating the degree
percent of a manufacturer’s engine engines using both steady-state and to which manufacturers are complying
families in a given year to be subject to transient duty cycles, as in certification. with emission standards across their
in-use testing. Most companies will As an alternative, manufacturers may product line. Second, this approach
need to test at most one engine family use the specified equipment and makes clearer the role of the emission
per year. Manufacturers may conduct procedures for testing engines without credits in our consideration to recall
in-use testing on any number of removing them from the equipment failing engines. As we described in the
additional engine families at their (referred to in this document as field proposal, we plan to consider average
discretion. testing). See Section V.D.5 for a more emission levels from multiple engine
Manufacturers in unusual detailed description of how to measure families in deciding whether to recall
circumstances may develop an alternate emissions from engines during normal engines from a failing engine family. We
plan to fulfill any in-use testing operation in the field. Since engines therefore believe it is not appropriate to
obligations, consistent with a similar operating in the field cannot be have a detailed emission-credit program
program we have adopted for outboard controlled to operate on a specific duty defining precisely how and when to
and personal watercraft marine engines. cycle, compliance is demonstrated by calculate, generate, and use credits that
These circumstances include total sales comparing the measured emission levels do not necessarily have value
for an engine family below 200 per year, to the field-testing emission standards, elsewhere.
installation only in applications where which have higher numerical value to The regulations do not specify how
testing is not possible without account for the possible effects of manufacturers would generate emission
irreparable damage to the vehicle or different engine operation. Because the credits to offset a nonconforming engine
engine, or any other unique feature that engine operation can be so variable, family. This gives us the ability to
prevents full emission measurements. however, engines tested to show consider any appropriate test data in
While the regulations allow us to compliance only with the field-testing deciding what action to take. In
select an engine family every year from emission standards are not eligible to generating this kind of information,
an engine manufacturer, there are participate in the in-use averaging, some general guidelines would apply.
several reasons why small-volume banking, and trading program (described For example, we would expect
manufacturers may expect a less below). manufacturers to share test data from all
demanding approach. These Clean Air Act section 213 requires engines and all engine families tested
manufacturers may have only one or engines to comply with emission under the in-use testing program,
two engine families. If a manufacturer standards throughout their regulatory including nonstandard tests that might
shows that an engine family meets useful lives, and section 207 requires a be used to screen engines for later
emission standards in an in-use testing manufacturer to remedy in-use measurement. This allows us to
exercise, that may provide adequate nonconformity when we determine that understand the manufacturers’ overall
data to show compliance for that engine a substantial number of properly level of performance in controlling
family for a number of years, provided maintained and used engines fail to emissions to meet emission standards.
that the manufacturer continues to conform with the applicable emission Average emission levels should be
produce those engines without standards (42 U.S.C. 7541). Along with calculated over a running three-year
significantly redesigning them in a way the in-use testing program, we would period to include a broad range of
testing without skewing the results different measurement procedures according to the following equation,
based on old designs. Emission values should not be combined to calculate a rounding the results to 0.1 g/kW-hr:
from engines certified to different tiers single average emission level. Average
of emission standards or tested using emission levels should be calculated
   
Average EL = ∑ (STD − CL)i × (UL)i × (Sales)i × Poweri × LFi  ÷ ∑ (UL)i × (Sales)i × Poweri × LFi 
 i   i 
Where: Field-testing addresses this by the opportunity to do testing at

Average EL=Average emission level in including emission measurements over significantly lower cost compared with
g/kW-hr. the broad range of normal engine laboratory testing. Preliminary
Salesi=The number of eligible sales, operation. This may include varying certification data from California ARB
tracked to the point of first retail engine speeds and loads according to show that manufacturers are reaching
sale in the U.S., for the given engine real operation and may include a steady-state emission levels well below
family during the model year. reasonable range of ambient conditions, emission standards, so we expect any
i(STD-CL)=The difference between the as described below. additional variability in field-testing
emission standard and the average No engine operating in the field can
measurements not to affect
emission level for an in-use testing follow a prescribed duty cycle for a
family in g/kW-hr. manufacturers’ ability to meet the same
consistent measure of emission levels.
ULi=Useful life in hours. Similarly, no single test procedure can emission standards.
Poweri=The sales-weighted average cover all real-world applications, The 2007 field-testing standards are
rated brake power for an engine operations, or conditions. Specifying based on emission data measured on
family in kW. parameters for testing engines in the engines with the same emission-control
LFi=Load factor or fraction of rated field and adopting an associated technology used to establish the duty-
engine power utilized in use; use emission standard provides a framework cycle standards. As described above for
0.50 for engine families used only for requiring that engines control the duty-cycle standards, we are
in constant-speed applications and emissions under the whole range of adopting a flexible approach to address
0.32 for all other engine families. normal operation in the relevant the tradeoff between HC+NOX and CO
The anticipated crankcase and nonroad equipment. emissions. Table V.D–1 shows the range
evaporative emission-control To ensure that emissions are of values that define the standard for
technologies generally are best controlled from Large SI engines over
showing compliance for field-testing
evaluated simply by checking whether the full range of speed and load
measurements. The higher numerical
or not they continue to function as combinations seen in the field, we are
adopting supplemental emission values of the Tier 2 standards for field
designed, rather than implementing a
standards that apply more broadly than testing (compared with duty-cycle
program to measure these emissions
from in-use engines. As a result, we may the duty-cycle standard, as detailed testing) reflect the observed variation in
inspect in-use engines to verify that below. These standards apply to all emissions for varying engine operation,
these systems continue to function regulated pollutants (NOX, HC, and CO) and the projected effects of ambient
properly throughout the useful life, but under all normal operation (steady-state conditions on the projected technology.
are not requiring manufacturers to or transient). We exclude abnormal Conceptually, we believe that field-
include crankcase or evaporative operation (such as very low average testing standards should primarily
measurements as part of the in-use power and extended idling time), but do require manufacturers to adjust engine
testing program described in this not restrict operation to any specific calibrations to effectively manage air-
section. combination of speeds and loads. In fuel ratios under varying conditions.
addition, the field-testing standards The estimated cost of complying with
5. What Are the Field-Testing Emission apply under a broad range of in-use emission standards includes an
Standards and Test Procedures? ambient conditions, both to ensure allowance for the time and resources
To address concerns for controlling robust emission controls and to avoid needed for this recalibration effort (see
emissions outside of the certification overly restricting the times available for Section IX.B. for total estimated costs
duty cycles and to enable field-testing of testing. These provisions are described per engine).
Large SI engines, we are adopting in detail below.
procedures and standards that apply to b. How do the field-testing standards
apply? Manufacturers have expressed an
TABLE V.D–1.—SAMPLES OF POS-
a wider range of normal engine
interest in using field-testing procedures SIBLE ALTERNATIVE FIELD-TESTING
operation.
a. What is the field-testing concept? before the 2007 model year to show that EMISSION STANDARDS FOR LARGE
Measuring emissions from engines in they can meet emission standards as SI ENGINES(G/KW-HR) *
the field as they undergo normal part of the in-use testing program. While
operation while installed in nonroad we are not adopting specific field- HC+NOX CO
equipment addresses two broad testing standards for 2004 through 2006
model year engines, we will allow this 3.8 ............................................... 6.5
concerns. First, testing of in-use engines
3.1 ............................................... 8.5
has shown that emissions can vary as an option. In this case, manufacturers
2.4 ............................................... 11.7
dramatically under certain modes of would conduct the field testing as
1.8 ............................................... 16.8
operation. described here to show that their
1.4 ............................................... 23.1
Second, this provides a low-cost engines meet the 5.4 g/kW-hr HC+NOX
method of testing in-use engines, which standard and the 50 g/kW-hr CO
ER08NO02.000</MATH>
facilitates in-use compliance programs. standard. This may give manufacturers
TABLE V.D–1.—SAMPLES OF POS- engines. This would provide greater sample if it includes an idling portion.
SIBLE ALTERNATIVE FIELD-TESTING assurance of consistent emissions At the same time, controlling emissions
EMISSION STANDARDS FOR LARGE performance, but would also provide during extended idling poses a difficult
SI ENGINES(G/KW-HR) *—Continued valuable quality-control data for overall design challenge, especially at low
engine performance. See the discussion ambient temperatures. Exhaust and
HC+NOX CO of alternate approaches to production- catalyst temperatures under these
line testing in Section II.C.4 for more conditions can decrease enough that
1.1 ............................................... 31 information. catalyst conversion is significantly less
c. What limits are placed on field effective. Since extended idling is not
* As described in the Final Regulatory Sup- testing? The field-testing standards
port Document and the regulations, the values an appropriate focus of extensive
in the table are related by the following for- apply to all normal operation. This may development efforts at this stage, we
mula: (HC+NOX) × CO0.791 = 16.78. These include steady-state or transient engine believe the 2-minute threshold for
values follow directly from the logarithmic rela- operation. Given a set of field-testing continuous idle appropriately balances
tionship presented with the proposal in the standards, the goal for the design
Draft Regulatory Impact Analysis. the need to include measurement during
engineer is to ensure that engines are short idling periods with the technical
We generally require manufacturers to properly calibrated for controlling challenges of controlling emissions
show at certification that they are emissions under any reasonably under difficult conditions.
capable of meeting all standards that expected mode of engine operation. Second, measured power during the
apply for the useful life. This adds a Engines may not be able to meet the sampling period must be above 5
measure of assurance to both EPA and emissions limit under all conditions, percent of maximum power for an
manufacturers that the engine design is however, so we are adopting several emission measurement to be considered
sufficient for any in-use engines to pass parameters to narrow the range of valid. Brake-specific emissions (g/kW-
any later testing. For Large SI engines, engine operation that is subject to the hr) can be very high at low power
manufacturers must show in their field-testing standards. For example, because they are calculated by dividing
application for certification that they are emission sampling for field testing does the g/hr emission rate by a very small
able to meet the field-testing standards. not include engine starting. power level (kW). By ensuring that
Manufacturers must submit a statement Engines can often operate at extreme brake-specific emissions are not
that their engines will comply with environmental and geographic calculated by dividing by power levels
field-testing emission standards under conditions (temperature, altitude, etc.). less than 5 percent of the maximum, we
all conditions that may reasonably be To narrow the range of conditions for can avoid this problem. The data
expected to occur in normal vehicle the design engineer, we are limiting presented in Chapter 4 of the Final
operation and use. Manufacturer will emission measurements during field Regulator Support Document show that
provide a detailed description of any testing to ambient temperatures from engines can meet the emission
testing, engineering analysis, and other 13° to 35° C (55° to 95° F), and to standards when operating above 5
information that forms the basis for the ambient pressures from 600 to 775 percent of rated power.
statement. This will likely include a millimeters of mercury (which should Third, some engines need to run rich
variety of steady-state emission cover almost all normal pressures from of stoichiometric combustion during
measurements not included in the sea level to 7,000 feet above sea level). extended high-load operation to protect
prescribed duty cycle. It may also This allows testing under a wider range against engine failure. This increases HC
include a continuous trace showing how of conditions in addition to helping and CO emissions. We are adopting
emissions vary during the transient test ensure that engines are able to control provisions allowing manufacturers to
or it may include emission emissions under the whole range of meet separate standards for these
measurements during other segments of conditions under which they operate. engines for steady-state operation. For
operation manufacturers believe are Some additional limits to define engines qualifying for these different
representative of the way their engines ‘‘normal’’ operation apply to field steady-state standards, we specify that a
normally operate in the field. testing. These restrictions are intended valid sample for field testing must
Two additional provisions are to provide manufacturers with some include less than 10 percent of
necessary to allow emission testing certainty about what their design targets operation at 90 percent or more of
without removing engines from are and to ensure that compliance with maximum power. We expect it to be
equipment in the field. Manufacturers the field-testing standards is feasible. uncommon for engine installations to
must design their engines to broadcast These restrictions apply to both call for such high power demand due to
instantaneous speed and torque values variable-speed and constant-speed the shortened engine lifetime at very
to the onboard computer and ensure engine applications. high-load operation. A larger engine can
that emission sampling is possible after First, measurements with more than 2 generally produce the desired power at
engine installation. minutes of continuous idle are a lower relative load, without
The test equipment and procedures excluded. This means that an emission compromising engine lifetime.
for showing compliance with field- measurement from a forklift while it Alternatively, applications that call for
testing standards also hold promise to idled for 5 minutes will not be full-load operation typically use diesel
reduce the cost of production-line considered valid. On the other hand, an engines. Manufacturers may request a
testing. Companies with production emission measurement from a forklift different threshold to allow more open-
facilities that have a dynamometer but that idled for multiple 1-minute periods loop operation. Before we approve such
no emission measurement capability and otherwise operated at 40-percent a request, the engine manufacturer
may use the field-testing equipment and power for several minutes would be would need to have a plan for ensuring
procedures to get a low-cost, valid considered a valid measurement. that the engines in their final
emission measurement at the Measurements with in-use equipment in installation do not routinely operate at
production line. Manufacturers may their normal service show that idle loads above the specified threshold.
also choose to use the cost advantage of periods for Large SI engines are short, An additional parameter to consider
the simpler measurement to sample a but relatively frequent. We therefore do is the minimum sampling time for field
greater number of production-line not automatically exclude an emission testing. A longer period allows for
greater accuracy, due mainly to the nondispersive infrared (NDIR) unit can products. Other types of engines more
smoothing effect of measuring over measure CO. Emission samples can best often involve importers, which are
several transient events. On the other be drawn from the exhaust flow directly limited more by available engine
hand, an overly long sampling period downstream of the catalyst material to suppliers than design or development
can mask areas of engine operation with avoid diluting effects from the end of schedules.
poor emission-control characteristics. the tailpipe. Installing a sufficiently We are not finalizing the proposed
To balance these concerns, we are long tailpipe extension is also an interim emission standards proposed for
applying a minimum sampling period of acceptable way to avoid dilution. Mass small-volume manufacturers. We
2 minutes. In other rules for diesel flow rates also factor into the torque believe we can accomplish the same
engines, we have allowed sampling calculation; this may either be measured objectives with more flexibility, and
periods as short as 30 seconds. Spark- in the intake manifold or downstream of potentially with greater net emission
ignition engines generally don’t have the catalyst. reductions, by relying on the hardship
turbochargers and they control Calculating brake-specific emissions provisions.
emissions by maintaining air-fuel ratio depends on determining instantaneous In addition, we are waiving the
with closed-loop controls through engine speed and torque levels. requirement for small-volume
changing engine operation. Spark- Manufacturers must therefore design manufacturers to broadcast engine
ignition engines are therefore much less their engines to continuously monitor speed and torque values. These
prone to consistent emission spikes engine speed and torque. The tolerance companies may choose to do this to
from off-cycle or unusual engine for speed measurements, which is enable field-testing of their products,
operation. We believe the 2-minute relatively straightforward, is ±5 percent. but may be constrained in developing
sampling time requirement will ensure For torque, the onboard computer needs this capability to the extent that they
sufficient measurement accuracy and to convert measured engine parameters rely on component suppliers to provide
will allow for more meaningful into useful units. Manufacturers systems that meet EPA requirements.
measurements from engines that may be generally will need to monitor a F. Technological Feasibility of the
operated with very frequent but brief surrogate value such as intake manifold Standards
times at idle. pressure or throttle position (or both),
We do not specify a maximum then rely on a look-up table We are adopting emission standards
sampling time. We expect programmed into the onboard computer that depend on the industrial versions
manufacturers testing in-use engines to to convert these torque indicators into of established automotive technologies.
select an approximate sampling time newton-meters. Manufacturers may also The most recent advances in automotive
before measuring emissions; however, want to program the look-up tables for technology have made possible even
the standards apply for any sampling torque conversion into a remote scan more dramatic emission reductions.
time that meets the minimum. When tool. Because of the greater uncertainty However, we believe that transferring
selecting an engine family for the in-use in these measurements and calculations, some of these most advanced
testing program, we will develop a plan manufacturers must produce their technologies is not appropriate for
with direction related to the way systems to report torque values that are nonroad engines at this time, especially
manufacturers conduct the emission- within 85 and 105 percent of the true considering the much smaller sales
sampling effort, such as sampling time value. This broader range allows volumes for amortizing fixed costs and
or specific types of engine operation, to appropriately for the uncertainty in the the additional costs associated with the
ensure that testing provides relevant measurement, while providing an first-time regulation of these engines.
data. incentive for manufacturers to make the To comply with the 2004 model year
d. How do I test engines in the field? torque reading as accurate as possible. standards, manufacturers should not
To test engines without removing them Under-reporting torque values would need to do any development, testing, or
from equipment, analyzers are over-predict emissions. These tolerances certification work that is not already
connected to the engine’s exhaust to are taken into account in the selection necessary to meet California ARB
detect emission concentrations during of the field-testing standards, as standards in 2004. As shown in Chapter
normal operation. Exhaust volumetric described in Chapter 4 of the Final 4 of the Final Regulatory Support
flow rate and continuous power output Regulatory Support Document. Document, manufacturers can meet
are also needed to convert the analyzer these standards with three-way catalysts
responses to units of g/kW-hr for E. Special Compliance Provisions and closed-loop fuel systems. These
comparing to emission standards. These We are adopting hardship provisions technologies have been available for
values can be calculated from to address the particular concerns of industrial engine applications for
measurements of the engine intake flow small-volume manufacturers, which several years. Moreover, several
rate, the exhaust air-fuel ratio and the generally have limited capital and manufacturers have already completed
engine speed, and from torque engineering resources. These hardship the testing effort to certify with
information. provisions are generally described in California ARB that their engines meet
Available small analyzers and other Section VII.C. For Large SI engines, we these standards. Complying with
equipment may be adapted for are adopting a longer available emission standards nationwide in 2004
measuring emissions from field extension of the deadline, up to four will therefore generally require
equipment. A portable flame ionization years, for meeting emission standards manufacturers only to produce greater
detector can measure total hydrocarbon for companies that qualify for special numbers of the engines complying with
concentrations. Methane measurement treatment under the hardship the California standards.
currently requires more expensive provisions. We will, however, not Chapter 4 of the Final Regulatory
laboratory equipment that is impractical extend the deadline for compliance Support Document further describes
for field measurements. Field-testing beyond the four-year period. This data and rationale showing why we
standards are therefore be based on total approach considers the fact that, unlike believe that the 2007 model year
hydrocarbon emissions. A portable most other engine categories, qualifying emission standards under the steady-
analyzer based on zirconia technology small businesses are more likely to be state and transient duty-cycles and
measures NOX emissions. A manufacturers designing their own field-testing procedures are feasible. In
summary, testing from Southwest VI. Recreational Marine Diesel Engines designed to achieve higher power
Research Institute and other data show This section describes the new output with less engine weight. This
that the same catalyst and fuel-system provisions for 40 CFR part 94, which increase in power reduces the lifetime
technologies needed to meet the 2004 apply to engine manufacturers and of the engine, so recreational marine
standards can be optimized to meet importers. We are applying the same engines have shorter warranties than
more stringent emission standards. general compliance provisions from 40 their commercial counterparts. In our
Applying further development allows previous rulemaking, recreational
CFR part 94 for engine manufacturers,
the design engineer to fine-tune control engine industry representatives raised
equipment manufacturers, operators,
of air-fuel ratios and address any high- concerns about the ability of these
rebuilders, and others. See Section II for
emission modes of operation to produce engines to meet the commercial
a description of our general approach to
engines that consistently control standards without substantial changes
regulating nonroad engines and how
emissions to very low levels, even in the size and weight of the engine.
manufacturers show that they meet
considering the wide range of operation Such changes may have an impact on
emission standards.
experienced by these engines. The vessel builders, who might have to
numerical emission standards are based A. Overview redesign vessel hulls to accommodate
on measured emission levels from We are adopting exhaust and the new engines. Because most
engines that have operated for at least recreational vessel hulls are made with
crankcase emission standards for
5,000 hours with a functioning fiberglass molds, this may be a
recreational marine diesel engines with
emission-control system. These engines significant burden for recreational
power ratings greater than or equal to 37
demonstrate the achievable level of vessel builders.
kW. We are adopting emission Our further evaluation of these issues
control from catalyst-based systems and standards for HC, NOX, CO, and PM leads us to conclude that recreational
provide a significant degree of basic beginning in 2006. We believe marine diesel engines can achieve those
development that should help manufacturers will be able to use same emission standards without
manufacturers in optimizing their own technology developed for land-based significant impacts on engine size and
engines. nonroad and commercial marine diesel weight, and therefore without
We believe it is appropriate to initiate engines. To encourage the introduction significant impacts on vessel design.
the second stage of standards in 2007, of low-emission technology, we are also Section VI.G of this document, Chapters
because we believe that applying these adopting voluntary ‘‘Blue Sky’’ 3 and 4 of the Final Regulatory Support
emission standards earlier does not standards which are 40 percent lower Document, and Section II.A of the
allow manufacturers enough stability than the mandatory standards. We also Summary and Analysis of Comments
between introduction of different phases recognize that there are many small describe the several technological
of emission standards to prepare for businesses that manufacture changes we anticipate manufacturers
complying with the full set of recreational marine diesel engines. We will use to comply with the new
requirements in this final rule and to are therefore including several emission standards. None of these
amortize their fixed costs. Three years of regulatory options for small businesses technologies has an inherent negative
stable emission standards, plus the that will help minimize any unique effect on the performance or power
remaining lead time before 2004, allows burdens caused by emission regulations. density of an engine. As with engines in
manufacturers enough time to go Diesel engines are primarily available land-based applications, we expect that
through the development and in inboard marine configurations, but manufacturers will be able to use the
certification effort to comply with the may also be available in sterndrive and range of technologies available to
new standards including new test cycle outboard marine configurations. Inboard maintain or even improve the
requirements. The provisions to allow diesel engines are the primary choice for performance capabilities of their
‘‘family banking’’ for early compliance many larger recreational boats. engines. We are establishing a separate
provide an additional tool for B. Engines Covered by This Rule regulatory program for recreational
companies that choose to spread out marine diesel engines in this rule, with
The standards in this section apply to most aspects the same as for commercial
their design and certification efforts. recreational marine diesel engines. We marine diesel engines but with certain
The new emission standards will excluded these engines from the aspects of the program tailored to these
either have no impact or a positive requirements applying to commercial applications, notably the not-to-exceed
impact with respect to noise, energy, marine diesel engines because at the emissions requirements.
and safety, as described in Chapter 4 of time we thought their operation in To distinguish between commercial
the Final Regulatory Support Document. planing mode might impose design and recreational marine diesel engines
In particular, the anticipated fuel requirements on recreational boat for the purpose of emission controls, it
savings associated with the expected builders and to allow us more time for is necessary to define ‘‘recreational
emission-control technologies will further evaluation prior to setting marine diesel engine.’’ The commercial
provide a very big energy benefit related standards (64 FR 73300, December 29, marine diesel engine rule defined
to new emission standards. The 1999). Commercial marine vessels tend recreational marine engine as a
projected technologies are currently to be displacement-hull vessels, propulsion marine engine that is
available and are consistent with those designed and built for a unique intended by the manufacturer to be
anticipated for complying with the commercial application (such as towing, installed on a recreational vessel. The
emission standards adopted by fishing, or general cargo). Power ratings engine must be labeled to distinguish it
California ARB. The lead time for the for engines used on these vessels are from a commercial marine diesel
near-term and long-term emission analogous to land-based applications, engine. The label must read: ‘‘THIS
standards allows manufacturers enough and these engines generally have ENGINE IS CATEGORIZED AS A
time to optimize these designs to most warranties for 2,000 to 5,000 hours of RECREATIONAL ENGINE UNDER 40
effectively reduce emissions from the use. Recreational vessels, on the other CFR PART 94. INSTALLATION OF
wide range of Large SI equipment hand, tend to be planing vessels. THIS ENGINE IN ANY
applications. Engines used on these vessels are NONRECREATIONAL VESSEL IS A
VIOLATION OF FEDERAL LAW pleasure and having the corresponding projected for Tier 2 and these
SUBJECT TO PENALTY.’’ characteristics for planing, power technologies are expected to lead to
We are revising this definition to density, and performance requirements. compliance. As with commercial marine
include a requirement that a We are not revising our existing engines this technology will be available
recreational marine engine must be a definition of recreational marine vessel. in the lead time provided to allow
Category 1 marine engine (have a As discussed in the Summary and compliance with the emission
displacement of less than 5 liters per Analysis of Comments, a vessel will be standards. Many of these engines
cylinder). Category 2 marine engines are considered recreational if the boat already use this technology. This
generally designed with characteristics builder intends that the customer will includes electronic fuel management,
similar to commercial marine engines. operate it consistent with the turbocharging, and separate-circuit
Vessels using engines of this size recreational-vessel definition. Relying aftercooling. In fact, because
generally require engines that can on the boat builder’s intent is necessary recreational engines have much shorter
operate longer at higher power than because manufacturers need to establish design lives than commercial engines, it
typical recreational boats; therefore, a vessel’s classification before it is sold, is easier to apply raw-water aftercooling
these engines generally have a lower whereas the Coast Guard definitions to these engines, which allows
power density and are not offered in a apply at the time of use. The definition manufacturers to enhance performance
‘‘recreational’’ rating. therefore relies on the intent of the boat while reducing NOX emissions.
For the purpose of the recreational builder to establish that the vessel will
marine diesel engine definition Engine manufacturers will generally
be used consistent with the above increase the fueling rate in recreational
included in the proposal, recreational criteria. If a boat builder manufactures
vessel was defined as ‘‘a vessel that is engines, compared to commercial
a vessel for a customer who intends to engines, to gain power from a given
intended by the vessel manufacturer to use the vessel for recreational purposes,
be operated primarily for pleasure or engine size. This helps bring a planing
we would always consider that a vessel onto the water surface and
leased, rented, or chartered to another recreational vessel, regardless of how
for the latter’s pleasure.’’ Because increases the maximum vessel speed
the owner (or a subsequent owner) without increasing the weight of the
certain vessels that are used for pleasure actually uses it. The engine
may have operating characteristics that vessel. This difference in how
manufacturer will not be expected to recreational engines are designed and
are more similar to commercial marine ensure that their engines are used only
vessels (such as excursion vessels and used affects emissions. However, the
in recreational craft; however, they technology listed above can be used to
charter craft), we drew on the Coast would be required to label their
Guard’s definition of a ‘‘small passenger meet the emission standards while still
recreational engines as described above. meeting the performance requirements
vessel’’ (46 U.S.C. 2101 (35)) to further The vessel builders will then be
delineate what would be considered to of a recreational engine.
required to install properly certified
be a recreational vessel. Specifically, the recreational (or commercial) marine We are adopting the commercial
term ‘‘operated primarily for pleasure or engines in recreational vessels and marine engine standards for recreational
leased, rented or chartered to another certified commercial marine engines in marine diesel engines, allowing two
for the latter’s pleasure’’ does not commercial vessels. years beyond the dates that standards
include the following vessels: (1) apply for the commercial engines. This
Vessels of less than 100 gross tons that C. Emission Standards for Recreational gives engine manufacturers additional
carry more than 6 passengers; (2) vessels Marine Diesel Engines lead time in adapting technology to
of 100 gross tons or more that carry one This section describes the new their recreational marine diesel engines.
or more passengers; or (3) vessels used emission standards and implementation For manufacturers producing only
solely for competition. For the purposes dates, with an outline of the technology recreational marine engines the
of this definition, a passenger is defined that can be used to achieve these levels. implementation dates provide three to
by 46 U.S.C 2101 (21, 21a) which The technological feasibility discussion six years of lead time beyond this
generally means an individual who pays below (Section VI.G) describes our notice. Based on our evaluation of the
to be on the vessel. technical rationale in more detail. industry, we believe that manufacturers
We received several comments in this who produce only recreational marine
rulemaking on these definitions. Engine 1. What Are the Emission Standards and engines would likely be small
manufacturers were concerned that the Compliance Dates? businesses and would have the option
definitions may be unworkable for The emission standards for of additional lead time, and other
engine manufacturers, because they recreational marine diesel engines are flexibility, as discussed in Section VI.E.
cannot know whether a particular the same as the Tier 2 standards for The emission standards and
recreational vessel might carry more commercial marine diesel engines with implementation dates for recreational
than six passengers at a time. All they two years additional lead time. We are marine diesel engines are presented in
can know is whether the engine they setting the standards at the same level Table VI.C–1. The subcategories refer to
manufacture is intended by them for because recreational marine diesel engine displacement in liters per
installation on a vessel designed for engines can use all the technologies cylinder.
TABLE VI.C–1.—RECREATIONAL MARINE DIESEL EMISSION STANDARDS AND IMPLEMENTATION DATES

HC+NOX PM CO Implementa-
Subcategory
g/kW-hr g/kW-hr g/kW-hr tion 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
Manufacturers commented that (FEL) as for commercial marine diesel manufacturers with diverse product
engines with less than 2.5 liters per engines. For engines with a lines and those with more limited
cylinder, but more than 560 kW would displacement of less than 1.2 liters/ offerings, thereby potentially creating a
have no lead time beyond the land- cylinder, the maximum values are 11.5 competitive advantage for diverse
based nonroad diesel engine standards g/kW-hr HC+NOX and 1.2 g/kW-hr PM; companies over small companies selling
and that some commercial marine for larger engines, the maximum values only recreational marine engines. If a
engines in this category would actually are 10.5 g/kW-hr HC+NOX and 0.54 g/ manufacturer were to do this, we do not
have to certify two years before nonroad kW-hr PM. These maximum FEL values believe it is likely that they would sell
engines. In this case this is caused by were based on the comparable land- emission credits at a price that would be
the way we define subclasses, but has based emission-credit program and will economical for small manufacturers.
technology and cost implications for the ensure that the emissions from any We will allow early banking of
engines involved. To address this, we given family certified under this emission credits relative to the standard.
are providing an optional program not be significantly higher than Early banking of emission credits may
implementation date of 2008 for certain the applicable emission standards. We allow for a smoother implementation of
commercial and recreational marine believe these maximum values will the recreational marine standards. These
engines (see the Summary and Analysis prevent backsliding of emissions above credits are generated relative to the new
of Comments for more detail). To be the baseline levels for any given engine emission standards and are
eligible for this option, the engine must model. Also, we are concerned that the undiscounted.
be derived from a land-based nonroad higher emitting engines may cause We will also allow manufacturers to
engine with a rated power greater than increased emissions in areas such as generate early credits relative to their
560 kW and have a displacement of 2.0 ports that may have a need for PM or pre-control emission levels. If
to 2.5 liters per cylinder. To use this NOX emission reductions. Nonetheless, manufacturers choose this option they
option, we are requiring that engines it is acknowledged that recreational will have to develop baseline emission
certified under this option meet an marine diesel engines constitute a small levels specific to each participating
HC+NOX standard of 6.4 g/kW-hr fraction of PM and HC + NOX emissions engine family. Credits will then be
through model year 2012. We believe in nonattainment areas. calculated relative to the manufacturer-
this emission level, which matches the Emission credits generated under this generated baseline emission rates, rather
Tier 2 level for land-based nonroad program have no expiration, with no than the standards. To generate the
engines, should be achievable given the discounting applied. This is consistent baseline emission rates, a manufacturer
extra lead time for development. Testing with the commercial marine credit must test three engines from the family
would still be performed on the program and gives manufacturers more for which the baseline is being
appropriate marine duty cycles. Based options in implementing their engine generated. The baseline will be the
on our analysis in the Final Regulatory designs. However, if we revisit these average emissions of the three engines.
Impact Analysis for commercial marine standards later, we will have to Under this option, engines must still
engines, HC+NOX emissions measured reevaluate this issue in the context of certify to the standards to generate
over the marine duty cycles should be whether future advances in technology credits, but the credits will be
similar to those measured over the land- would result in a large amount of calculated relative to the generated
based nonroad duty cycle. accumulated credits that would baseline rather than the standards. Any
We are also adopting not-to-exceed adversely impact the timely credits generated between the level of
emission standards and related implementation of any new the standards and the generated baseline
requirements similar to those finalized requirements. will be discounted 10 percent. This is to
for commercial marine diesel engines. Consistent with the land-based account for the variability of testing in-
This is discussed below in Section nonroad diesel rule, we will also not use engines to establish the family-
VI.C.8. allow manufacturers to use credits specific baseline levels, which may
generated on land-based engines for result from differences in hours of use
2. Will I Be Able To Average, Bank, or demonstrating compliance with marine and maintenance practices as well as
Trade Emissions Credits? diesel engines. In addition, credits may other sources of potential uncertainty
Manufacturers may use emission not be exchanged between recreational about the representativeness if the
credits from recreational marine diesel and commercial marine engines. The baseline. Manufacturers commented
engines to show that they meet emission emission standards for recreational that credits should not be generated
standards. Section II.C.3 gives an engines are based on the baseline levels under the early banking program for the
overview of the emission-credit of current recreational marine engines portion of NOX reductions above the
program, which is consistent with what and the capability of technology to MARPOL Annex VI standard. We
we have adopted for Category 1 reduce emissions from recreational believe this approach is reasonable
commercial marine diesel engines. The marine engines. The standard is, since this should be a common upper
emission-credit program covers therefore, premised on the capability limit for all engines. Therefore, if
HC+NOX and PM emissions, but not CO and use of recreational marine manufacturers use this option, any
emissions. technology and not on the capability baseline NOX levels determined to be
Consistent with our land-based and use of technology on other engines. above the MARPOL Annex VI standard
nonroad and commercial marine diesel Emissions from land-based, commercial, must be adjusted to that level for
engine regulations, manufacturers may and recreational marine engines are determining early credits.
not simultaneously generate HC+NOX measured over different duty cycles and
credits while using PM credits on the have different useful lives. Correction 3. Is EPA Proposing Voluntary
same engine family, and vice versa. This factors would be difficult to generate Standards for These Engines?
is necessary because of the inherent and they would add complexity and a. Blue Sky. We are adopting
trade-off between NOX and PM uncertainty to the value of the credits. voluntary emission standards based on
emissions in diesel engines. Furthermore, we are concerned that a 45-percent reduction beyond the
We are adopting the same maximum allowing cross program trading could mandatory standards. An engine family
value of the Family Emission Limit create an inequity between meeting the voluntary standards
qualifies for designation as Blue Sky useful life, and manufacturers must (2) unrelated to emissions, and (3)
Series engines. These voluntary comply for a longer period in those technologically necessary. This
standards are the same as those adopted cases where they design their engines to typically includes changing engine oil,
for commercial marine diesel engines be operated longer than 1,000 hours. In oil filter, fuel filter, and air filter. For
(see Table VI.C–2). While the Blue Sky making the determination that engines recreational marine diesel engines
Series emission standards are voluntary, are designed to last longer than the certified to longer lives, these engines
a manufacturer choosing to certify an 1,000 hour value, we will consider will be subject to the same minimum
engine under this program must comply evidence such as whether the engines allowable maintenance intervals as
with all the requirements that apply to continue to reliably deliver the commercial marine engines. These
this category of engines, including necessary power output without an intervals and the allowable maintenance
allowable maintenance, warranty, useful increase in fuel consumption that the are specified in 40 CFR 94.211.
life, rebuild, and deterioration factor user would find unacceptable and thus d. Are there production-line testing
provisions. This program is effective might trigger a maintenance or rebuild provisions? We are adopting the
immediately when we publish this rule. action by the user. production-line testing requirements
To maximize the potential for other b. How do I demonstrate emission from commercial marine engines for
groups to create incentive programs, durability? We are extending the recreational marine diesel engines, with
without double-counting, we do not durability demonstration requirements the additional provisions described in
allow manufacturers to earn marketable for commercial marine diesel engines to II.C.4. A manufacturer must test one
credits for their Blue Sky Engines. also cover recreational marine diesel percent of its total projected annual
engines. This means that recreational sales of Category 1 engines each year to
TABLE VI.C–2.—BLUE SKY VOL- marine engine manufacturers, using meet production-line testing
UNTARY EMISSION STANDARDS FOR good engineering judgment, will requirements. We are not adopting a
RECREATIONAL MARINE DIESEL EN- generally need to test one or more
engines for emissions before and after
minimum number of tests, so a
manufacturer who produces no more
GINES accumulating the number of hours than 100 marine diesel engines is not
[g/kW-hr] consistent with the engine useful life required to do any production-line
(usually performed by continuous testing. Similar to the commercial
Rated brake power engine operation in a laboratory). The marine requirements, manufacturers
HC+NOX PM
(kW)
results of these tests are referred to as have the option of using alternative
power ≥ 37 kW ‘‘durability data,’’ and are used to production-line testing programs with
displ.<0.9 ............... 4.0 0.24 determine the rates at which emissions EPA approval.
0.9≤displ.<1.2 ........... 4.0 0.18 are expected to increase over the useful Manufacturers commented that we
1.2≤displ.<2.5 ........... 4.0 0.12 life of the engine for each engine family should limit the number of engines
2.5≤displ. .................. 5.0 0.12 The rates are known as deterioration tested for a given engine family to five,
factors. However, in many cases, arguing that five engines would be
b. MARPOL Annex VI. The MARPOL manufacturers may use durability data sufficient to demonstrate compliance
Annex VI standards are for NOX from a different engine family, or for the with the standards. Although there isn’t
emissions from marine diesel engines same engine family in a different model necessarily an engineering rationale for
rated above 130 kW. We encourage year. Because of this allowance to use capping the number of tests for each
engine manufacturers to make Annex the same data for multiple engine engine family to five, we believe that
VI-compliant engines available and boat families, we expect durability testing to statistical certainty can be determined
builders to purchase and install them be very limited. using the Cumulative Sum method
before we apply the EPA Tier 2 We also specify that manufacturers described for recreational vehicles in 40
standards. If the treaty enters into force, must collect durability data and CFR part 1051, subpart D. Therefore, we
the standards would go into effect generate deterioration factors using the are providing the option of using the
retroactively to all boats built January 1, same methods established for Cumulative Sum method for
2000 or later. One advantage of using commercial marine diesel engines. determining sample sizes under the
MARPOL-compliant engines is that if These requirements are in 40 CFR production-line testing program. For
this happens, users will be in 94.211, 94.218, 94.219, and 94.220. marine engines, PM would need to be
compliance with the standard without These sections describe when durability included in this methodology. Under
having to make any changes to their data from one engine family can be used the Cumulative Sum method, a
engines. for another family, how to select to the statistical analysis is applied to test
engine configuration that is to be tested, results to establish the number of tests
4. What Durability Provisions Apply? how to conduct the service needed. This may limit the number of
Several provisions help ensure that accumulation, and what maintenance engines tested to less than 1 percent of
engines control emissions throughout a can be performed on the engine during the production volume in cases where
lifetime of operation. Section II.C gives this service accumulation. Under 40 there is low variability in the test data.
a general overview of durability CFR 94.220, manufacturers may project
provisions associated with emissions deterioration rates from engines with an 5. Do These Standards Apply to
certification. This section discusses accumulation of less than 1,000 hours, Alternative-Fueled Engines?
these provisions specifically for as long as the amount of service These new standards apply to all
recreational marine diesel engines. accumulation completed and projection recreational marine diesel engines,
a. How long do my engines have to procedures are determined using good without regard to the type of fuel used.
comply? Manufacturers must produce engineering judgment. While we are not aware of any
engines that comply over a useful life of c. What maintenance may be done alternative-fueled recreational marine
ten years or until the engine during service accumulation? For diesel engines currently being sold into
accumulates 1,000 operating hours, engines certified to a 1,000-hour useful the U.S. market, alternate forms of the
whichever occurs first. The hours life, the only maintenance that may be hydrocarbon standards address the
requirement is a minimum value for done must be: (1) Regularly scheduled, potential for natural gas-fueled and
alcohol-fueled engines. In our regulation with smoke emission requirements. In procedure and the defeat device
of highway vehicles and engines, we many cases, marine engine exhaust prohibition makes it harder to ensure
determined that nonmethane standards gases are mixed with water prior to that engines will operate with the same
should be used in place of total being released. This practice reduces level of control in the real world as in
hydrocarbon standards for engines smoke visibility. Moreover, we believe the test cell.
fueled with natural gas (which is that applying PM standards will have Because the ISO E5 duty cycle uses
comprised primarily of methane) (59 FR the effect of limiting smoke emissions as only five modes on an average propeller
48472, September 21, 1994). These well. curve intended to characterize typical
alternate forms follow the precedent set marine engine operation for this
8. What Are the Not-To-Exceed industry, we are concerned that an
in previous rulemakings to make the
Standards and Related Requirements? engine designed to the duty cycle may
standards similar in stringency and
environmental impact. a. Concept. Our goal is to achieve not necessarily perform the same way
Similarly, we are applying HC- control of emissions over the broad over the range of speed and load
equivalent (HCE) standards instead of range of in-use speed and load combinations normally seen on a boat
total hydrocarbon standards to alcohol- combinations that can occur on a nor will it always follow the average
fueled highway engines and vehicles (54 recreational marine diesel engine so that curve. These duty cycles are based on
FR 14426, April 11, 1989). HC- real-world emission control is achieved, an average propeller curve, but a
equivalent emissions are calculated rather than just controlling emissions propulsion marine engine may never be
from the oxygenated organic under certain laboratory conditions. An fitted with an ‘‘average propeller.’’ In
components and non-oxygenated important tool for achieving this goal is addition, even if fitted with an ‘‘average
organic components of the exhaust, an in-use program with an objective propeller,’’ an engine fit to a specific
summed together based on the amount emission standard and an easily boat may operate differently based on
of organic carbon present in the exhaust. implemented test procedure. Prior to how heavily the boat is loaded.
Alcohol-fueled recreational marine this concept, our approach has been to To ensure that emissions are
engines must therefore comply with set a numerical standard on a specified controlled from recreational marine
total hydrocarbon equivalent (THCE) test procedure and rely on the engines over the full range of speed and
plus NOX standards instead of THC plus additional prohibition of defeat devices load combinations normally seen on
NOX standards. to ensure in-use control over a broad boats, we are establishing a zone under
range of operation not included in the the engine’s power curve where the
6. Is EPA Controlling Crankcase test procedure. engine may not exceed a specified
Emissions? We are applying the defeat device emission limit. This limit applies to all
Manufacturers must prevent provisions established for commercial of the regulated pollutants under steady-
crankcase emissions from recreational marine engines to recreational marine state operation. Testing in this ‘‘not-to-
marine diesel engines, with one diesel engines in addition to the NTE exceed’’ (NTE) zone may include the
exception. Turbocharged recreational requirements (see 40 CFR 94.2). A whole range of real ambient conditions.
marine diesel engines may be built with design in which an engine met the The NTE zone, limit, and ambient
open crankcases, as long as the standard at the steady-state test points conditions are described below.
crankcase ventilation system allows for but was intentionally designed to We believe there are significant
measurement of crankcase emissions. approach the NTE limit everywhere else advantages to taking this approach. The
For these engines with open crankcases, would be considered to be defeating the test procedure is flexible enough to
we will require crankcase emissions to standard. Electronic controls that represent the majority of in-use engine
be either routed into the exhaust stream recognize and modulate the emission- operation and ambient conditions.
to be included in the exhaust control system when the engine is not Therefore, the NTE approach takes all of
measurement, or to be measured being tested for emissions and increases the benefits of a numerical standard and
separately and added to the measured the emissions from the engine would be test procedure and expands it to cover
exhaust mass. These measurement an example of a defeat device, a broad range of conditions. Also, a
requirements do not add significantly to regardless of the emissions performance standard that requires laboratory testing
the cost of testing, especially where the of the engine with regard to the makes it harder to perform in-use testing
crankcase vent is simply routed into the standards. because either the engines must be
exhaust stream prior to the point of No single test procedure can cover all removed from the vessel or laboratory-
exhaust sampling. These provisions are real-world applications, operations, or type conditions must be achieved on the
consistent with our previous regulation conditions. Yet to ensure that emission vessel. With the NTE approach, in-use
of crankcase emissions from such standards are providing the intended testing becomes much easier to
diverse sources as commercial marine benefits in use, we must have a implement since emissions may be
engines, locomotives, and passenger reasonable expectation that emissions sampled during normal vessel use.
cars. under real-world conditions reflect Because this approach is objective, it
those measured on the test procedure. makes enforcement easier and provides
7. What Are the Smoke Requirements? The defeat-device prohibition is more certainty to the industry in terms
We are not adopting smoke designed to ensure that emission of what control is expected in-use
requirements for recreational marine controls are employed during real-world versus over a fixed laboratory test
diesel engines. Marine diesel engine operation, not just under laboratory or procedure.
manufacturers have stated that many of test-procedure conditions. However, the Even with the NTE requirements, we
their engines, though currently defeat-device prohibition is not a believe it is important to retain
unregulated, are manufactured with quantified standard and does not have standards based on the steady-state duty
smoke limiting controls at the request of an associated test rocedure, so it does cycles. This is the standard that we
customers. Users seek low smoke not have the clear objectivity and ready expect the certified marine engines to
emissions both because they dislike the enforceability of a numerical standard meet on average in use. The NTE testing
exhaust residue on decks and because and test procedure. As a result, relying is more focused on maximum emissions
they can be subject to penalties in ports on just a using a standardized test for segments of operation. We believe
basing the emission standards on a believe the NTE concept results in a typically see in use. Also, we divide the
distinct cycle and using the NTE zone large amount of additional testing, zone into subzones of operation which
to better ensure in-use control creates a because these engines should be have different limits as described below.
comprehensive program. In addition, designed to perform as well in use as Chapter 4 of the Final Regulatory
the steady-state duty cycles give a basis they do over the steady-state five-mode Support Document describes the
for calculating credits for averaging, certification test. However, our cost development of the boundaries and
banking, and trading. analysis in Chapter 5 of the Final conditions associated with the NTE
As described in the Summary and Regulatory Support Document accounts zone. The NTE zone for recreational
Analysis of Comments, the same for some additional testing, especially in marine diesel engines is the same for
technology that can be used to meet the the early years, to provide
commercial marine diesel engines
standards over the E5 duty cycle can be manufacturers with assurance that their
used to meet the NTE caps in the NTE operating on a propeller curve, except
engines will meet the NTE
zone. We therefore do not expect these requirements. that an additional subzone is added at
standards to cause recreational marine b. Shape of the NTE zone. Figure speeds over 95 percent of rated to
diesel engines to need more advanced VI.C–1 illustrates the NTE zone for address the typical recreational design
technology that is used by the nonroad recreational marine diesel engines. We for higher rated power.
and commercial marine engines from based this zone on the range of BILLING CODE 6560–50–P
which they are derived. We do not conditions that these engines might
BILLING CODE 6560–50–C responsible for ensuring that their zone for that engine family can be
EPA may approve adjustments to the specified operation represents real- modified to include this operation.
size and shape of the NTE zone for world operation. In addition, if a
certain engines if the manufacturer c. Transient operation. NTE testing
manufacturer designs an engine for includes only steady-state operation
demonstrates that the engine will not
operation at speeds and loads outside of with a minimum sampling time of 30
see operation outside of the revised NTE
the NTE zone (i.e., variable-speed seconds. We specify the ISO E5 steady-
zone in use. This way, manufacturers
engines used with variable-pitch state duty cycle for showing compliance
can avoid having to test their engines
under operation that they will not see in propellers), the manufacturer is with average emission standards. The
responsible for notifying us, so the NTE goal of adopting NTE standards and
ER08NO02.002</GPH>
use. However, manufacturers are
procedures is to cover the operation power is needed to ensure that the recreational marine diesel engine test
away from the five modes that are on engine can bring the boat to plane. procedures on this part. Section VIII
the assumed propeller curve. Our Chapter 4 of the Final Regulatory gives a general discussion of testing
understanding is that the majority of Support Document provides more detail requirements; this section describes
marine engine operation is steady-state; on how we determined the standards. procedures that are specific to
however, we recognize that recreational We are aware that marine diesel recreational marine such as the duty
marine use is likely more transient than engines may not be able to meet the cycle for operating engines for emission
commercial marine use. At this time we emissions limit under all conditions. measurements. Chapter 4 of the Draft
do not have enough data on marine Specifically, there are times when Regulatory Support Document describes
engine operation to accurately emission control must be compromised these duty cycles in greater detail. In
determine the amount of transient for startability or safety. Engine starting addition to the information provided
operation that occurs or to set an NTE is not included in NTE testing. In above, the following section discusses
standard for transient operation. We are addition, manufacturers have the option issues concerning test equipment and
aware that the high-load transient of petitioning the Administrator to procedures.
operation seen when a boat comes to allow emissions to increase under 1. Which Duty Cycles Are Used To
plane is not included in the NTE zone engine protection strategies, such as Measure Emissions?
as defined, even if we were to require when an engine overheats. This is also
compliance with NTE standards during consistent with the requirements for For recreational marine diesel
transient operation. We are also aware commercial marine engines. engines, we specify the ISO E5 duty
that these speed and load points cannot e. Ambient conditions. Variations in cycle. This is a 5-mode steady state
be achieved under steady-state ambient conditions can affect emissions. cycle, including an idle mode and four
operation for a properly loaded boat in Such conditions include air modes lying on a cubic propeller curve.
use. If we find that excluding transient temperature, humidity, and (especially ISO intends for this cycle to be used for
operation from the compliance for aftercooled engines) water all engines in boats less than 24 meters
requirements results in a significant temperature. We are applying the in length. We apply it to all recreational
increase in emissions, we will revisit commercial marine engine ranges for marine diesel engines to avoid the
this provision in the future. Also, an these variables. Chapter 4 of the Final complexity of tying emission standards
engine designed, with multiple injection Regulatory Support Document provides to boat characteristics. A given engine
timing maps based on operation, to more detail on how we determined may be used in boats longer and shorter
operate at higher emissions during these ranges. Within the ranges, there is than 24 meters; engine manufacturers
transient operation than during steady- no calculation to correct measured generally will not know the size of the
state testing would be in noncompliance emissions to standard conditions. boat into which an engine will be
with our defeat device prohibition. Outside of the ranges, emissions can be installed. Also, we expect that most
d. Emission standards. We are corrected back to the nearest end of the recreational boats will be under 24
requiring emissions caps for the NTE range. The ambient variable ranges are meters in length. Chapter 4 of the Final
zones that represent a multiplier times 13 to 35°C (55 to 95°F) for intake air Regulatory Support Document provides
the weighted test result used for temperature, 7.1 to 10.7 g water/kg dry further detail on the ISO E5 duty cycle.
certification for all of the regulated air (50 to 75 grains/pound dry air) for
pollutants (HC+NOX, CO, and PM). This 2. What Fuels Will Be Used During
intake air humidity, and 5 to 27°C (41 Emission Testing?
is consistent with the concept of a to 80°F) for ambient water
weighted modal emission test such as temperature.84 We are applying the same
the steady-state tests included in this f. Certification. At the time of specifications for recreational marine
rule. The standard itself is intended to certification, manufacturers must diesel engines that we established for
represent the average emissions under submit a statement that its engines will commercial marine diesel engines. That
steady-state conditions. Because it is an comply with these requirements under means that the recreational engines will
average, some points can be higher, all conditions that may reasonably be use the same test fuel that is required for
some lower, and the manufacturer will expected to occur in normal vessel testing Category 1 commercial marine
design to maximize performance and operation and use. The manufacturer diesel engines, which is a regular
still meet the engine standard. The NTE also provides a detailed description of nonroad test fuel with moderate sulfur
limit is on top of this. It is designed to all testing, engineering analysis, and content. We are not aware of any
make sure that no part of the engine other information that forms the basis difference in fuel specifications for
operation and that no application goes for the statement. This statement may be recreational and commercial marine
too far from the average level of control. based on testing other research that engines of comparable size.
Consistent with the requirements for
validly supports such a statement, 3. How Does In-Use Testing Work?
commercial marine engines, recreational
consistent with good engineering
marine diesel engines must meet a cap In-use testing on marine engines may
judgment. EPA may review the basis of
of 1.50 times the certified level for be used to ensure compliance in use.
this statement during the certification
HC+NOX, PM, and CO for the speed and This testing may include taking in-use
process.
power subzone below 45 percent of marine engines out of the vessel and
rated power and a cap of 1.20 times the D. Testing Equipment and Procedures testing them in a laboratory, as well as
certified levels at or above 45 percent of The regulations detail specifications field testing of in-use engines on the
rated power. However, we are applying for test equipment and procedures that boat, in a marine environment.
an additional subzone at speeds greater We plan to use field-testing data in
apply generally to commercial marine
than 95 percent of rated, with a two ways. First, we may use it as a
engines (including NTE testing) in 40
corresponding standard of 1.50 times screening tool, with follow-up
CFR part 94. We have based the
the certified levels for this subzone. laboratory testing over the ISO E5 duty
This additional subzone addresses the 84 The range of intake air temperature is 13 to cycle or NTE zone where appropriate.
typical recreational design for higher 30°C for engines that draw air from outside the Second, we may use the data directly as
rated power. We understand that this engine room. a basis for compliance determinations,
as long as field-testing equipment and comments, it is possible under this mounting hardware and a generator or
procedures are capable of providing definition for the maximum test speed reduction gears for propulsion. It can
reliable information from which to be very different than the speed at also involve installing a new marine
conclusions can be drawn regarding which peak power is achieved. This cooling system that meets original
what emission levels would be with could result in the certification test manufacturer specifications and
laboratory-based measurements. cycle and the NTE zone (which are both duplicates the cooling characteristics of
Because it would likely be difficult to defined in part by the maximum test the land-based engine, but with a
match the E5 test points exactly on an speed) being unrepresentative of in-use different cooling medium (such as sea
engine in use on a vessel, NTE zone operation. Since we were aware of this water). In many ways, these
testing will reduce the difficulty of in- potential during the development of the manufacturers are similar to nonroad
use compliance determinations. commercial marine regulations, we equipment manufacturers that purchase
For marine engines that expel exhaust included two provisions to address certified land-based nonroad engines to
gases underwater or mix their exhaust issues such as these. First, § 94.102 make auxiliary engines. This simplified
with water, manufacturers must equip allows EPA to modify test procedures in approach of producing an engine can
engines with an exhaust sample port situations where the specified test more accurately be described as
where a probe can be inserted for in-use procedures would otherwise be dressing an engine for a particular
exhaust emission testing. It is important unrepresentative of in-use operation. application. Because the modified land-
that the location of this port allow a Thus, in cases in which the definition based engines are subsequently used on
well-mixed and representative sample of maximum test speed resulted in an a marine vessel, however, these
of the exhaust. This provision is engine speed that was not expected to modified engines will be considered
intended to simplify in-use testing. In occur with in-use engines, we would marine diesel engines, which then fall
cases where the engine manufacturer work with the manufacturers to under these requirements.
does not supply enough of the exhaust determine the maximum speed that To clarify the responsibilities of
system to add a sample port, the engine would be expected to occur in-use. engine dressers under this rule, we will
manufacturer would be required to Second, § 94.106(c)(2) allows EPA to not treat them as a manufacturer of a
provide installation instructions for a specify during certification a broader recreational marine diesel engine and
sample port. Vessel manufacturers NTE zone to include actual in-use therefore they would not be required to
would be required to follow this and operation. In those cases where we obtain a certificate of conformity, as
any other emission-related installation could not specify a single maximum test long as they meet the following seven
instructions. speed under § 94.102 that would conditions.
One of the advantages of the not-to- sufficiently cover the range of in-use (1) The engine being dressed (the
exceed requirements will be to facilitate engine speeds, we would specify a ‘‘base’’ engine) must be a highway, land-
in-use testing. This will allow us to broader NTE zone. For example, we based nonroad, or locomotive engine,
perform compliance testing in the field. would generally expect that the NTE certified pursuant to 40 CFR part 86, 40
As long as the engine is operating under zone would include the peak power CFR part 89, or 40 CFR part 92,
steady-state conditions in the NTE zone, point. If the maximum test speed respectively, or a marine diesel engine
we will be able to measure emissions derived under §§ 94.102 and 94.107 certified pursuant to this part.
and compare them to the NTE limits. To resulted in an NTE zone that did not (2) The base engine’s emissions, for
assist in this testing, engines with include the peak power point, we would all pollutants, must meet the otherwise
electronic controls will be required to likely specify that the NTE zone be applicable recreational marine emission
broadcast engine torque (as percent of broadened to include that point. limits. In other words, starting in 2005,
maximum) and engine speed on their Similarly, we would expect that a a dressed nonroad Tier 1 engine will not
controller area networks. manufacturer’s advertised rated power/ qualify for this exemption, because the
4. How Is the Maximum Test Speed speed point should be within the NTE more stringent standards for recreational
Determined? zone, and could broaden the NTE zone marine diesel engines go into effect at
to include that point as well. that time.
To ensure that a manufacturer’s (3) The dressing process must not
declared maximum speed is E. Special Compliance Provisions involve any modifications that can
representative of actual engine operating The provisions discussed here are change engine emissions. We do not
characteristics and is not improperly designed to minimize regulatory consider changes to the fuel system to
used to influence the parameters under burdens on manufacturers needing be engine dressing because this
which their engines are certified, we are added flexibility to comply with equipment is integral to the combustion
applying the definition of maximum test emission standards. These characteristics of an engine.
speed used for commercial marine manufacturers include engine dressers, (4) All components added to the
engines. This definition of maximum small-volume engine marinizers, and engine, including cooling systems, must
test speed is the single point on an small-volume boat builders. comply with the specifications provided
engine’s normalized maximum power Commenters generally supported these by the engine manufacturer.
versus speed curve that lies farthest provisions as proposed. (5) The original emissions-related
away from the zero-power, zero-speed label must remain clearly visible on the
point. 1. What Are the Burden Reduction
engine.
In establishing this definition of Approaches for Engine Dressers? (6) The engine dresser must notify
maximum test speed, it was our intent Many recreational marine diesel purchasers that the marine engine is a
to specify the highest speed at which engine manufacturers take a new, land- dressed highway, nonroad, or
the engine is likely to be operated in based engine and modify it for locomotive engine and is exempt from
use. Under normal circumstances this installation on a marine vessel. Some of the requirements of 40 CFR part 94.
maximum test speed should be close to the companies that modify an engine for (7) The engine dresser must report
the speed at which peak power is installation on a boat make no changes annually to us the models that are
achieved. However, as some that might affect emissions. Instead, the exempt pursuant to this provision and
manufacturers indicated in their modifications may consist of adding such other information as we deem
necessary to ensure appropriate use of there is a natural break in production provide more opportunities for diesel
the exemption. volumes above 500 engine sales where marinizers to be excluded from
Any engine dresser not meeting all the next smallest manufacturers make certification testing if they operate as
these conditions will be considered an tens of thousands of engines. We chose dressers.
engine manufacturer and will 1,000 engines as a limit because it d. Streamlined certification. We will
accordingly need to obtain a certificate groups together all the marinizers most allow small-volume marinizers to certify
of conformity for these new engines, needing relief, while still allowing for to the not-to-exceed (NTE) requirements
consistent with this rule’s provisions, reasonable sales growth. with a streamlined approach. We
and label the engine showing that it is The options for small-volume believe small-volume marinizers can
available for use as a marine engine. marinizers are discussed below. make a satisfactory showing that they
An engine dresser violating the above a. Broaden engine families. We have meet NTE standards with limited test
criteria might be liable under anti- established engine criteria for data. Similar to the standard NTE
tampering provisions for any change distinguishing between engine families, program, once these manufacturers test
made to the land-based engine that which is intended to divide a engines over the five-mode certification
affects emissions. The dresser might manufacturer’s product line into duty cycle (E5), they can use those or
also be subject to a compliance action multiple engine families. We are other test points to extrapolate the
for selling new marine engines that are allowing small-volume marinizers to results to the rest of the NTE zone. For
not certified to the required emission put all of their models into one engine example, an engineering analysis may
standards. For an engine dresser family (or more as necessary) for consider engine timing and fueling rate
complying with the above provisions, certification purposes. Marinizers to determine how much the engine’s
the original certificate would remain in would then certify using the ‘‘worst- emissions may change at points not
effect and the certifier of the engine case’’ configuration. This approach is included in the E5 cycle. For this
would remain liable for the emissions consistent with the option offered to streamlined NTE approach, keeping all
performance of the engine. post-manufacture marinizers under the four test modes of the E5 cycle within
commercial marine regulations. The the NTE standards will be enough for
2. What Special Provisions Is EPA
advantage of this approach is that it small-volume marinizers to certify
Adopting for Small Entities?
minimizes certification testing because compliance with NTE requirements, as
In addition to provisions for engine the marinizer can use a single engine in long as there are no significant changes
dressers, we are also finalizing special the first year to certify their whole in timing or fueling rate between modes.
provisions designed to provide product line. As for large companies, e. Delay standards for five years.
flexibility to small entities. Prior to the the small-volume manufacturers could Applying a five-year delay, the
proposal, we conducted an inter-agency then carry-over data from year to year standards take effect from 2011 to 2014
Small Business Advocacy Review Panel until changing engine designs in a way for small-volume marinizers, depending
as described in Section XI.C. With input that might significantly affect emissions. on engine size. Marinizers may apply
from small-entity representatives, the We understand that this option alone this five-year delay to all or just a
panel drafted a report with findings and still requires a certification test and the portion of their production. They may
recommendations on how to reduce the associated burden for small-volume therefore still sell engines that meet the
potential small-business burden manufactures. We consider this to be standards when possible on some
resulting from this rule. The inter- the foremost cost concern for some product lines while delaying
agency panel’s recommendations were small-volume manufacturers, because introduction of emission-control
proposed by EPA and are now being the test costs are spread over low sales technology on other product lines. This
finalized as proposed. The following volumes. Also, we recognize that it may option provides more time for small
sections describe these provisions. be difficult to determine the worst-case marinizers to redesign their products,
emitter without additional testing. We allowing time to learn from the
3. What Are the Burden Reduction
are requiring testing because we need a technology development of the rest of
Approaches for Small-Volume Engine
reliable, test-based technical basis to the industry. Boat builders may use
Marinizers?
issue a certificate for these engines. these uncertified engines in their
We are providing additional options Manufacturers will be able to use carry- vessels.
for small-volume engine marinizers. The over to spread costs over multiple years While we are concerned about the
purpose of these options is to reduce the of production. loss of emission control from part of the
burden on companies for which fixed b. Minimize compliance requirements. fleet during this time, we recognize the
costs cannot be distributed over a large Production-line and deterioration special needs of small-volume
number of engines. For this reason, we testing requirements do not apply to marinizers and believe the added time
are defining a small-volume engine small-volume marinizers. We will may be necessary for these companies to
manufacturer based on annual U.S. sales assign a deterioration factor for use in comply with emission standards. This
of engines and are providing the calculating end-of-life emission factors additional time will allow small-volume
additional options on this basis rather for certification. The advantages of this marinizers to obtain and implement
than on business size in terms of approach would be to minimize proven, cost-effective emission-control
number of employees, revenue, or other compliance testing. Production-line and technology.
such measures. The production count deterioration testing would be more f. Hardship provisions. We are
we are using includes all engines extensive than a single certification test. adopting two hardship provisions for
(automotive, other nonroad, etc.) and c. Expand engine dresser flexibility. small-volume marinizers. Marinizers
not just recreational marine engines. We We are expanding the engine dresser may apply for this relief on an annual
consider recreational marine diesel definition for small-volume marinizers basis. First, small marinizers may
engine manufacturers to be small to include water-cooled turbochargers petition us for additional time to
volume for purposes of this provision if where the goal is to match the comply with the standards. The
they produce fewer than 1,000 internal performance of the non water-cooled marinizer must show that it has taken
combustion engines per year. Based on turbocharger on the original certified all possible steps to comply but the
our characterization of the industry, configuration. We believe this would burden of compliance costs will have a
major impact on the company’s recreational boats. These options may be diesel engines, as described in the
solvency. Also, if a certified base engine used at the manufacturer’s discretion. following paragraphs.
is available, the marinizer must The options for small-volume boat
1. 40 CFR Part 91: Outboards and
generally use this engine. We believe builders are discussed below.
Personal Watercraft
this provision will protect small-volume a. Percent-of-production delay.
marinizers from undue hardship due to Manufacturers with a written request We have identified four principal
certification burden. Also, some from a small-volume boat builder and amendments to the requirements for
emission reduction can be gained if a prior approval from us may produce a outboard and personal watercraft
certified base engine becomes available. limited number of uncertified engines. First, we are adding a
Second, small-volume marinizers may recreational marine diesel engines. definition of United States which is ‘‘the
also apply for hardship relief if From 2006 through 2010, small-volume States, the District of Columbia, the
circumstances outside their control boat builders may purchase uncertified Commonwealth of Puerto Rico, the
caused the failure to comply (such as a engines to sell in boats for an amount Commonwealth of the Northern Mariana
supply contract broken by parts equal to 80 percent of engine sales for Islands, Guam, American Samoa, the
supplier) and if failure to sell the subject one year. For example, if the small boat U.S. Virgin Islands, and the Trust
engines will have a major impact on the builder sells 100 engines per year, a Territory of the Pacific Islands.’’ This
company’s solvency. We consider this total of 80 uncertified engines may be definition is consistent with that
relief mechanism to be an option of last sold over the five-year period. This will included in 40 CFR part 94 for marine
resort. We believe this provision will give small boat builders an option to diesel engines. This is especially helpful
protect small-volume marinizers from delay using new engine designs for a in clearing up questions related to U.S.
circumstances outside their control. We, portion of business. Engines produced territories in the Carribean Sea and the
however, intend to not grant hardship under this flexibility must be labeled Pacific Ocean. Second, we have found
relief if contract problems with a accordingly so that customs inspectors two typographical errors in the
specific company prevent compliance know which uncertified engines can be equations needed for calculating
for a second time. imported. We continue to believe this emission levels in 40 CFR 91.419. Third,
Although the inter-agency panel did approach is appropriate and are we are adjusting the regulation language
not specify a time limit for these to clarify testing rates for the in-use
finalizing it as proposed.
hardship provisions, and we are not testing program. The regulations
b. Small-volume allowance. This
finalizing any such time limits, we currently specify a maximum rate of 25
allowance is similar to the percent-of-
envision these hardship provisions as percent of a manufacturer’s engine
transitional in nature. We would expect production allowance, but is designed
for boat builders with very small families subject to in-use testing. The
their use to be limited to the early years revised language states that for
of the program, in a similar time frame production volumes. The only
difference with the above allowance is manufacturers with fewer than four
as we are establishing for the
that the 80-percent allowance described engine families subject to in-use testing,
recreational vehicle hardship
above may be exceeded, as long as sales the maximum testing rate is one family
provisions, as discussed in Section
do not exceed either 10 engines per year per year in place of the percentage
VII.C.
or 20 engines over five years (2006 to calculation. Finally, we are revising the
4. What Are the Burden Reduction 2010). This applies only to engines less regulatory provision prohibiting
Approaches for Small-Volume Boat than or equal to 2.5 liters per cylinder. emission controls that lead to increases
Builders Using Recreational Marine c. Existing inventory and replacement of noxious or toxic compounds that
Diesel Engines? engine allowance. Small-volume boat would pose an unreasonable risk to the
The inter-agency panel also builders may sell their existing public, as described in Section II.B.2.
recommended burden reduction inventory after the implementation date 2. 40 CFR Part 94: Commercial Marine
approaches for small-volume boat of the new standards. However, no Diesel Engines
builders. The recommendations were purposeful stockpiling of uncertified
based on the concerns that, although engines is permitted. This provision is We are adopting several regulatory
boat builders are not subject to the intended to allow small boat builders amendments to the program for
engine-based emission standards, they the ability to turn over engine designs. commercial marine diesel engines.
are required to use certified engines and d. Hardship relief provision. Small Many of these are straightforward edits
may need to redesign engine boat builders may apply for hardship for correct grammar and cross
compartments on some boats if engine relief if circumstances outside their references. We are also changing the
designs were to change significantly. control caused the problem (for definition of United States, as described
EPA proposed the flexibilities example, if a supply contract were in the previous section.
recommended by the panel and are broken by the engine supplier) and if We are adding a definition for spark-
finalizing them as proposed. failure to sell the subject vessels will ignition, consistent with the existing
We are adopting four options for have a major impact on the company’s definition for compression-ignition,
small-volume vessel manufacturers solvency. This relief allows the boat which will allow us to define
using recreational marine diesel builder to use an uncertified engine and compression-ignition as any engine that
engines. These options are intended to is considered a mechanism of last resort. is not spark-ignition. This will help
reduce the burden on companies for These hardship provisions are ensure that marine emission standards
which fixed costs cannot be distributed consistent with those currently in place for the different types of engines fit
over a large number of vessels. As for post-manufacture marinizers of together appropriately.
proposed, we are therefore defining a commercial marine diesel engines. The discussion of production-line
small-volume boat builder as one that testing in Section II.C.4 specifies
F. Technical Amendments
produces fewer than 100 boats for sale reduced testing rates after two years of
in the U.S. in one year and has fewer The regulations include a variety of consistent good performance. We are
than 500 employees. The production amendments to the programs already extending this provision to commercial
count includes all engine-powered adopted for marine spark-ignition and marine diesel engines as well.
The test procedures for Category 2 therefore be able to effectively use the standards, many of these engines are
marine engines give a cross-reference to same emission-control strategies. In fact, well below either the HC+NOX or PM
40 CFR part 92, which defines the recreational marine engines can better standards or are close to meeting both.
procedures for testing locomotives and use the water they operate in as a With further optimization, we believe
locomotive engines. Part 92 specifies a cooling medium compared with these engine designs can be used to
wide range of ambient temperatures for commercial marine, because they are meet the exhaust emission standards for
testing, to allow for outdoor able to use raw-water aftercooling. This recreational marine diesel engines.
measurements. We expect all testing of can help them reduce charge-air intake Highway engines have been the
Category 2 marine engines to occur temperatures more easily than the leaders in developing new emission-
indoors and are therefore adopting a commercial models and much more control technology for diesel engines.
range of 13° to 30° C (55° to 86° F) for easily than land-based nonroad diesel Because of the similar engine designs in
emission testing. engines. Cooling the intake charge land-based nonroad and marine diesel
Finally, we are revising the regulatory reduces the formation of NOX emissions engines, it is clear that much of the
provision prohibiting emission controls and thus indirectly enables other HC technological development that has led
that lead to increases of noxious or toxic and PM control strategies. As a result, to lower-emitting highway engines can
compounds that would pose an baseline recreational engines generally be transferred or adapted for use on
unreasonable risk to the public, as have lower NOX emissions than land-based nonroad and marine engines.
described in Section II.B.2. uncontrolled commercial marine Much of the improvement in emissions
engines. Therefore, we believe that from these engines comes from
G. Technological Feasibility
recreational marine engines can meet ‘‘internal’’ engine changes such as
We have concluded that the emission- the same standard levels as are in place variation in fuel-injection variables
reduction strategies expected for land- for commercial marine engines without (injection timing, injection pressure,
based nonroad diesel engines and sacrificing power or increasing weight spray pattern, rate shaping), modified
commercial marine diesel engines can of the engine. piston bowl geometry for better air-fuel
also be applied to recreational marine mixing, and improvements intended to
diesel engines, such that these emission 3. Technological Approaches reduce oil consumption. Introduction
reductions strategies will provide We anticipate that manufacturers will and ongoing improvement of electronic
compliance with recreational marine meet the new emission standards for controls have played a vital role in
diesel emission standards. Marine diesel recreational marine diesel engines facilitating many of these
engines are generally derivatives of primarily with technology that will be improvements.
land-based nonroad and highway diesel applied to land-based nonroad and Turbocharging is widely used now in
engines. Marine engine manufacturers commercial marine diesel engines. marine applications, especially in larger
and marinizers make modifications to Much of this technology has already engines, because it improves power and
the engine to make it ready for use in been established in highway efficiency by compressing the intake air.
a vessel. These modifications can range applications and is being used in Turbocharging may also be used to
from basic engine mounting and cooling limited land-based nonroad and marine decrease particulate emissions in the
changes to a restructuring of the power applications. Our analysis of this exhaust. Today, marine engine
assembly and fuel management system. technology is described in detail in manufacturers generally have to
Chapters 3 and 4 of the Final Regulatory Chapters 3 and 4 of the Final Regulatory rematch the turbocharger to the engine
Support Document discuss this process Support Document and is summarized characteristics of the marine version of
in more detail. Also, we have collected here. a nonroad engine and often will add
emission data demonstrating the By adopting standards that don’t go water jacketing around the turbocharger
feasibility of the steady state average into place until 2006, we are providing housing to keep surface temperatures
standard and not-to-exceed engine manufacturers with substantial low. Once the nonroad Tier 2 engines
requirements. These data are presented lead time for developing, testing, and are available to the marine industry,
in Chapter 4 of the Final Regulatory implementing emission-control matching the turbochargers for the
Support Document. technologies. This lead time and the engines will be an important step in
coordination of standards with those for achieving low emissions.
1. Implementation Schedule land-based nonroad engines allows time Aftercooling is a well established
For recreational marine diesel for a comprehensive program to technology for reducing NOX by
engines, the implementation schedule integrate the most effective emission- decreasing the temperature of the charge
allows an additional two years of delay control approaches into the air after it has been heated during
beyond the commercial marine diesel manufacturers’ overall design goals compression. Decreasing the charge-air
standards. This represents up to a five- related to durability, reliability, and fuel temperature directly reduces the peak
year lead time relative to the consumption. cylinder temperature during
implementation dates of the land-based Engine manufacturers have already combustion, which is the primary cause
nonroad standards. This allows time for produced limited numbers of low-NOX of NOX formation. Air-to-water and
the carryover of technology from land- marine diesel engines. More than 80 of water-to-water aftercoolers are well
based nonroad and commercial marine these engines have been placed into established for land-based applications.
diesel engines. In addition, these service in California through For engines in marine vessels, there are
implementation dates represent three to demonstration programs. Through the two different types of aftercooling:
six years of lead time beyond demonstration programs, we were able jacket-water and raw-water aftercooling.
publication of this final rule. to gain some insight into what With jacket-water aftercooling, the fluid
technologies can be used to meet the that extracts heat from the aftercooler is
2. Standard Levels new emission standards. Chapter 4 itself cooled by ambient water. This
Marine diesel engines are typically presents data on 25 of these engines cooling circuit may either be the same
derived from or use the same technology tested over the E5 duty cycle. Although circuit used to cool the engine or it may
as land-based nonroad and commercial only one of these engines has been be a separate circuit. By incorporating a
marine diesel engines and should shown to meet the HC+NOX and PM separate circuit, marine engine
manufacturers can further reduce efficiency. Manufacturers of highway versions of these engines are usually
charge-air temperatures. This separate diesel engines have been able to steadily much greater than those of the marine
circuit can result in even lower improve fuel efficiency even as new counterpart versions, so manufacturers
temperatures with raw water as the emission standards required typically focus their primary technology
coolant. This means that ambient water significantly reduced emissions. development efforts on their land-based
is pumped directly to the aftercooler. There are no apparent safety issues products. Manufacturers then modify
Raw-water aftercooling is currently associated with the new emission these engines for use in marine
widely used in recreational standards. Marine engine manufacturers applications. These changes can be
applications. Because of the access that will likely use only proven technology extensive, but they rarely involve basic
marine engines have to a large ambient that is currently used in other engines R&D for new technologies. We do not
water cooling medium, we anticipate such as nonroad land-based diesel anticipate the use of advanced
that marine diesel engine manufacturers applications, locomotives, and diesel technology such as particulate filters
will largely reduce NOX emissions with trucks. The main technological and NOX adsorbers on trucks until the
aftercooling. approach will likely be optimization 2007 time frame. Therefore, we do not
Electronic controls also offer great and calibration of their fuel injection believe that it would be appropriate to
potential for improved control of engine and air management systems. implement standards, at this time, that
parameters for better performance and would require the use of advanced
4. Our Conclusions
lower emissions. Unit pumps or technology that has yet to be developed
injectors allow higher-pressure fuel The new emission standards for for the higher volume land-based diesel
injection with rate shaping to carefully recreational marine diesel engines engine market. We would, however,
time the delivery of the whole volume reasonably reflect what manufacturers consider this technology in the future
of injected fuel into the cylinder. Marine can achieve through the application of for setting further tiers of marine engine
engine manufacturers can take available technology to current emission standards.
advantage of modifications to the recreational marine diesel engines. In addition, we have incorporated
routing of the intake air and the shape Recreational marine engine various options that will permit
of the combustion chamber of nonroad manufacturers will need to use the marinizers and boat builders to respond
engines for improved mixing of the fuel- available lead time to develop the to engine changes in an orderly way. We
air charge. Separate-circuit aftercooling necessary emission-control strategies, expect that meeting these requirements
(both jacket-water and raw-water) will including transfer of technology from will pose a challenge, but one that is
likely gain widespread use in land-based nonroad and commercial feasible taking into consideration the
turbocharged engines to increase marine diesel engines. This availability and cost of technology, time,
performance and lower NOX. development effort will require not only noise, energy, and safety.
Fuel injection changes and other NOX achieving the targeted emission levels,
control strategies typically reduce but also ensuring that each engine will VII. General Nonroad Compliance
engine noise, sometimes dramatically. meet all performance and emission Provisions
One important source of noise in diesel requirements over its useful life. As This section describes a wide range of
combustion is the sound associated with discussed in Section IX, the new compliance provisions that apply
the combustion event itself. When a standards represent significant generally to all the spark-ignition
premixed charge of fuel and air ignites, reductions compared with baseline engines and vehicles subject to the new
the very rapid combustion leads to a emission levels. emission standards. Several of these
sharp increase in pressure, which is Based on information currently provisions apply not only to
easily heard and recognized as the available, we conclude it is feasible for manufacturers and importers, but also to
characteristic sound of a diesel engine. recreational marine diesel engine equipment manufacturers installing
The conditions that lead to high noise manufacturers to meet the new emission certified engines, remanufacturing
levels also cause high levels of NOX standards using combinations of facilities, operators, and others.
formation. technological approaches discussed The regulatory text for the compliance
The impact of the new emission above and in Chapters 3 and 4 of the requirements for Large SI engines and
standards on energy is measured by the Final Regulatory Support Document. recreational vehicles are in a new Part
effect on fuel consumption from While the technologies described above 1068 of Title 40, entitled ‘‘General
complying engines. Many of the marine are expected to yield the full degree of Compliance Programs for Nonroad
engine manufacturers are expected to emission reduction anticipated, it is Engines.’’ The compliance provisions
retard engine timing which increases possible that manufacturers may also for recreational marine diesel engines
fuel consumption somewhat. Most of rely on a modest degree of fuel-injection are generally the same as those already
the technology changes anticipated in timing retard as a strategy for complying adopted for commercial marine diesel
response to the new standards, however, with emission standards. This is due to engines (40 CFR part 94).
have the potential to reduce fuel variations in engine designs and The following discussion of the
consumption as well as emissions. baseline injection timing. For instance, general nonroad provisions follows the
Redesigning combustion chambers, an engine with very advanced injection regulatory text. For ease of reference, the
incorporating improved fuel injection timing in its baseline configuration subpart designations for 40 CFR part
systems, and introducing electronic would likely need to employ some 1068 are provided. Where different
controls provide the engine designer timing retard to meet the standards. provisions apply to the marine engines,
with powerful tools for improving fuel The transfer of technology from land- we note those differences in this
efficiency while simultaneously based nonroad and commercial marine section.
controlling emission formation. To the engines is an important factor in our
extent that manufacturers add determination that the recreational A. Miscellaneous Provisions (Part 1068,
aftercooling to non aftercooled engines marine diesel engine standards are Subpart A)
and shift from jacket-water aftercooling feasible. Most marine diesel engine This subpart contains general
to raw-water aftercooling, there will be models also serve in land-based provisions to define terms and the scope
a marked improvement in fuel- applications. Sales of land-based of application for all of 40 CFR part
1068. Other provisions concern how we in applications not covered by these 4. Engine Rebuilding (§ 1068.120)
handle confidential information, how regulations (for example, stationary or
the EPA Administrator delegates solely for competition), we generally We are establishing rebuild provisions
decision-making authority, and when prohibit using these engines in for all the nonroad engines subject to
we may inspect a manufacturer’s regulated applications. the emission standards in this final rule.
facilities, engines, or records. These prohibitions are the same as This approach is similar to what applies
The process of testing engines and those that apply to other engines we to heavy-duty highway engines,
preparing an application for have regulated in previous rulemakings. nonroad diesel engines, and commercial
certification requires the manufacturer Each prohibited act has a corresponding marine diesel engines. This is necessary
to make a variety of judgments. This maximum penalty as specified in Clean to prevent an engine rebuilder from
includes, for example, selecting test Air Act section 205. As provided for in rebuilding engines in a way that
engines, operating engines between the Federal Civil Penalties Inflation disables the engine’s emission controls
tests, and developing deterioration Adjustment Act of 1990, Pub. L. 10–410, or compromises the effectiveness of the
factors. The regulations describe the these maximum penalties are emission-control system. For businesses
methodology we use to evaluate periodically adjusted by regulation to involved in commercial engine
concerns related to how manufacturers account for inflation. The current rebuilding, we are adopting minimal
use good engineering judgment in cases penalty amount for each violation is recordkeeping requirements so
where the manufacturer has such $31,500.85 rebuilders can show that they comply
discretion (see 40 CFR 1068.5 and 40 with regulations.
CFR 94.221). If we find a problem in 2. Equipment Manufacturer Provisions
In general, we require anyone
these areas, we will take into account (§ 1068.105)
rebuilding a certified engine to restore it
the degree to which any error in
Equipment manufacturers may not to its original (or a lower-emitting)
judgment was deliberate or in bad faith.
sell new equipment with uncertified configuration. We are adding unique
This subpart is consistent with
engines once the emission standards requirements for rebuilders to replace
provisions already adopted for light-
begin to apply. We allow a grace period some critical emission-control
duty highway vehicles and commercial
for equipment manufacturers to use up components such as fuel injectors and
marine diesel engines.
their supply of uncertified engines, as oxygen sensors in all rebuilds for
B. Prohibited Acts and Related long as they follow their normal engines that use those technologies,
Requirements (Part 1068, Subpart B) inventory practices for buying engines. unless there is reason to believe that
The provisions in this subpart We require equipment manufacturers those components are still working
establish a set of prohibitions for engine to observe the engine manufacturers’ properly. We also require that rebuilders
manufacturers (including importers), emission-related installation replace an existing catalyst if there is
equipment manufacturers, operators, specifications to ensure that the engine evidence that it is not functional; for
engine rebuilders, and owners/operators remains in its certified configuration. example, if a catalyst has lost its
to ensure that engines meet the emission This may include such things as physical integrity with loose pieces
standards. These provisions are radiator specifications, placement of rattling inside, it would need to be
intended to help ensure that each new catalytic converters, diagnostic signals replaced.
engine sold or otherwise entered into and interfaces, and steps to minimize The rebuilding provisions define good
commerce in the United States is evaporative emissions. rebuilding practices to avoid violating
certified to the relevant standards, that If equipment manufacturers install a the prohibition on ‘‘removing or
it remains in its certified configuration certified engine in a way that obscures disabling’’ emission-control systems.
throughout its lifetime, and that only the engine label, they must add a We are therefore extending these
certified engines are used in the duplicate label on the equipment. provisions to individuals who rebuild
appropriate nonroad equipment. If equipment manufacturers don’t their own engines, but without any
1. General Prohibitions (§ 1068.101) fulfill the responsibilities we describe in recordkeeping requirements.
this section, we consider them to be
This regulation contains several violating one or more of the prohibited C. Exemptions (Part 1068, Subpart C)
prohibitions consistent with the Clean acts described above.
Air Act. No one may sell a new engine We are including several exemptions
subject to the emission standards (or 3. In-Service Engines (§ 1068.110) for certain specific situations. Most of
equipment containing such an engine) these are consistent with previous
The regulations prevent rulemakings. We highlight the new or
in the United States without a valid
manufacturers from requiring owners to different provisions in the following
certificate of conformity issued by EPA,
use any certain brand of aftermarket paragraphs. In general, exempted
deny us access to relevant records, or
parts and give the manufacturer engines must comply with the
keep us from entering a facility to test
responsibility for engine servicing requirements only in the sections
or inspect engines. In addition, no one
related to emissions warranty, leaving related to the exemption. Note that
may remove or disable a device or
the responsibility for all other additional restrictions may apply to
design element that may affect an
maintenance with the owner. This
engine’s emission levels, or manufacture importing exempted engines (see
regulation also reserves our right to do
any device that will make emission Section VII.D). Also, we may require
testing (or require testing) to determine
controls ineffective, which we consider manufacturers (or importers) to add a
compliance with emission standards
tampering. Other prohibitions reinforce permanent label describing that the
and investigate potential defeat devices,
manufacturers’ obligations to meet engine is exempt from emission
as authorized by the Act.
various certification requirements. We standards for a specific purpose. In
also prohibit selling engine parts that 85 EPA acted to adjust the maximum penalty
addition to helping us enforce emission
prevent emission-control systems from amount in 1996 (61 FR 69364, December 31, 1996)
standards, this helps ensure that
working properly. Finally, for engines and 2002 (67 FR 41343, June 18, 2002). See also 40 imported engines clear Customs without
that are excluded because they are used CFR part 19. difficulty.
1. Testing 7. Replacement Engines and will face serious economic hardship

without an extension.
Anyone may request an exemption for An exemption is available to engine In addition, we are aware that some
engines used only for research or other manufacturers without request if that is manufacturers of nonroad engines are
investigative purposes. the only way to replace an engine from dependent on another engine
2. Manufacturer-Owned Engines the field that was produced before the manufacturer to supply base engines
current emission standards took effect. that are then modified for the final
Engines that are used by engine If less stringent standards applied to the application. Much like equipment
manufacturers for development or old engine when it was new, the manufacturers, these ‘‘secondary engine
marketing purposes may be exempted replacement engine must at a minimum manufacturers’’ may face difficulty in
from regulation if they are maintained meet those standards. producing certified engines if the
in the manufacturers’ possession and manufacturer selling the base engine
8. Hardship Related to Economic
are not used for any revenue-generating makes an engine model unavailable
Burden
service. with short notice. These secondary
There are two types of hardship manufacturers generally each buy a
3. Display Engines
provisions. The first type of hardship relatively small number of engines and
Anyone may request an exemption for program allows small businesses to would therefore not necessarily be able
engines intended for only for display. petition EPA for up to three years of to influence the marketing or sales
additional lead time to comply with the practices of the engine selling the base
4. National Security engines. In this rulemaking, this is of
standards. A small manufacturer must
In general, engines installed in demonstrate that it has taken all particular concern for Large SI engine
combat-related equipment are exempt possible business, technical, and manufacturers subject to new standards
from emission standards. In addition, economic steps to comply but the in 2004. As a result, we are allowing
engine manufacturers may request and burden of compliance costs will have a secondary engine manufacturers to sell
receive an exemption for other engines significant impact on the company’s uncertified engines or engines certified
if they are needed by an agency of the solvency. A manufacturer must provide at emission levels above the standard for
federal government responsible for a compliance plan detailing when and a short period after emission standards
national defense. The request for how it will achieve compliance with the begin to apply. However, these
exemptions in these cases must include standards. Hardship relief may include companies control the final design of
the endorsement of the procuring requirements for reducing emission on the engines, so we would not approve
government agency. an interim basis and/or purchasing and any exemption unless the manufacturer
using emission credits. The length of the committed to a plan to make up for any
5. Exported Engines calculated loss in environmental
hardship relief decided during review of
the hardship application may be up to benefit. For example, based on an
Engines that will be exported to
one year, with the potential to extend alternate compliance level for 2004
countries that don’t have the same
the relief as needed. The second model year engines, we could calculate
emission standards as those that apply
hardship program allows companies to the number of 2006 model year engines
in the United States are exempted
apply for hardship relief if that would need to be certified early to
without a request. This exemption is not
circumstances outside their control the 2007 emission standards. Provisions
available if the destination country has similar to these were adopted for
the same emission standards as those in cause the failure to comply (such as a
supply contract broken by parts commercial marine diesel engines and
the United States. will apply equally to recreational
supplier) and if the failure to sell the
6. Competition Engines marine diesel engines. See the
subject engines will have a major impact
regulatory text in 40 CFR 1068.255 and
New engines used solely for on the company’s solvency. We would,
40 CFR 94.209 for additional
competition are generally excluded or however, not grant hardship relief if
information.
exempted from regulations that apply to contract problems with a specific
nonroad engines. For purposes of our company prevent compliance for a D. Imports (Part 1068, Subpart D)
certification requirements, second time. In general, the same certification
manufacturers receive an exemption if 9. Hardship for Equipment requirements apply to engines and
they can show that they produce an Manufacturers equipment whether they are produced
engine model specifically for use solely in the U.S. or are imported. This
in competition. In addition, engines that Equipment manufacturers in many regulation also includes some additional
have been modified for use in cases depend on engine manufacturers provisions that apply if someone wants
competition are exempt from the to supply certified engines in time to to import an exempted or excluded
prohibition against tampering described produce complying equipment by the engine. For example, the importer needs
above (without need for request). The date emission standards begin to apply. appropriate documentation before
literal meaning of the term ‘‘used solely This is especially true for industrial and importing nonconforming engines; this
for competition’’ would apply for these marine applications. In other programs, is true even if an exemption for the
modifications. We therefore do not equipment manufacturers have raised same reason doesn’t require approval for
allow anyone to use the engine for concerns of certified engines being engines produced in the U.S. These
anything other than competition once it available too late for equipment declaration forms are available on the
has been modified. This also applies to manufacturers to adequately Internet at http://www.epa.gov/OMS/
someone who later buys the engine, so accommodate changing engine size or imports/ or by phone at 202–564–9660.
we require the person modifying the performance characteristics. To address All the exemptions described above
engine to remove or deface the original this concern, in unusual circumstances, for new engines also apply to
engine label and inform a subsequent equipment manufacturers may request importation, though some of these apply
buyer in writing of the conditions of the up to one extra year before using only on a temporary basis. If we approve
exemption. certified engines if they are not at fault a temporary exemption, it is available
only for a defined period and could text describes the audit procedures in The defect reporting requirements
require the importer to post bond while greater detail. under other vehicle and engine
the engine is in the U.S. There are We intend generally to rely on regulations do not explicitly require
several additional exemptions that manufacturers’ testing of production- investigations or reporting based on
apply only to imported engines. line engines to show that their information available to the
—Identical configuration: This is a production process is producing engines manufacturer about warranty claims or
permanent exemption to allow in compliance they comply with parts shipments. Such information is
individuals to import engines that were emission standards. However, we valuable and readily available to most
designed and produced to meet reserve our right to do selective manufacturers and should be
applicable emission standards. These enforcement auditing if, for example, we considered when determining whether
engines may not have the emission label have reason to question the emission or not there is a defect of an emission-
only because they were not intended for testing conducted and reported by the related part.
sale in the United States. This manufacturer. We are aware that counting warranty
exemption applies to all the engines claims and part shipments will likely
F. Defect Reporting and Recall (Part include many claims that are not
covered by 40 CFR part 1068.
1068, Subpart F) emission-related or that do not represent
—‘‘Antique’’ engines: We generally treat
used engines as new if they are In Part 1068, Subpart F, we are defects, so we are establishing a
imported without a certificate of adopting defect reporting requirements relatively high threshold for triggering
conformity. However, this permanent that obligate manufacturers to tell us the manufacturer’s responsibility to
exemption allows for importation of when they learn that emission control investigate whether there is in fact a real
uncertified engines if they are more than systems are defective and to conduct occurrence of an emission-related
20 years old and still in their original investigations under certain defect. Manufacturers are not required
configuration. circumstances to determine if an to count towards the investigation
emission-related defect is present. We threshold any replacement parts they
—Repairs or alterations: This is a
are also requiring that manufacturers require to be replaced during the useful
temporary exemption to allow
use warranty information, parts life, as specified in the application for
companies to repair or modify engines.
shipments, and any other information certification and maintenance
This exemption does not allow for
which may be available to trigger these instructions to the owner, because such
operating the engine, except as needed
investigations. For the purpose of this part shipments clearly do not represent
to do the intended work.
subpart, we are considering defective defects.
—Diplomatic or military: This is a Subpart F is intended to require
temporary exemption to allow any part or system that does not
manufacturers to use information we
diplomatic or military personnel to use function as originally designed for the
would expect them to keep in the
uncertified engines during their term of regulatory useful life of the engine or
normal course of business. We believe
service in the U.S. the scheduled replacement interval
in most cases manufacturers will not be
—Engines subject to other programs: specified in the manufacturer’s required to institute new programs or
This is a temporary exemption that maintenance instructions. For activities to monitor product quality or
allows someone to import an uncertified recreational vehicles and nonroad performance. A manufacturer that does
engine that will be converted for use in spark-ignition engines over 19 kW, this not keep warranty or replacement part
a different application. For example, approach to defect reporting takes into information may ask for our approval to
someone may want to import a land- account the varying sales volumes of the use an alternate defect-reporting
based nonroad engine to modify it and different products. methodology that is at least as effective
eventually sell it as a marine engine. We believe the investigation in identifying and tracking potential
This exemption expires when the requirement in this rule will allow both emissions related defects as the
engine modifications are complete, EPA and the engine manufacturers to requirements of subpart F. However,
since one of the following scenarios will fully understand the significance of any until we approve such a request, the
apply (1) the company modifying the unusually high rates of warranty claims thresholds and procedures of subpart F
engine will modify the engine to meet and parts replacement for systems or continue to apply.
emission standards that apply to the parts that may have an impact on For engines with rated power below
modified engine, (2) the company will emissions. We believe that any prudent 560 kW, the investigation thresholds in
have a valid exemption under the and responsible engine manufacturer 40 CFR 1068.501 are 4 percent of total
program that applies to the modified would, and should, conduct a thorough production, or 4,000 engines, whichever
engine, or (3) the modified engine will investigation as part of its normal is less, for any single engine family in
not be subject to emission standards, in product quality practices when in one model year. The thresholds are
which case an exemption is no longer possession of data indicating an usually reduced by 50 percent for defects
necessary. high number of recurring parts failures. related to aftertreatment devices,
In the past, defect reports were because these components typically
E. Selective Enforcement Audit (Part submitted based on a very low threshold play such a significant role in
1068, Subpart E) with the same threshold applicable to controlling engine emissions. For
Clean Air Act section 206(b) gives us all size engine families and with little example, for an engine family with a
the discretion in any program with information about the full extent of the sales volume of 20,000 units in a given
vehicle or engine emission standards to problem. The new approach should model year, the manufacturer must
do selective enforcement auditing of result in fewer overall defect reports investigate for emission-related defects
production engines. In selective being submitted by manufacturers than if there were warranty claims for
enforcement auditing, we choose an would otherwise be required under the replacing electronic control units in 800
engine family and give the manufacturer old defect reporting requirements or more engines or catalytic converters
a test order detailing a testing program because the number of defects triggering on 400 or more engines. For a family
to show that production-line engines the submission requirement rises with with sales volume of 200,000 units in a
meet emission standards. The regulation the engine family size. given model year, the manufacturer
must investigate for emission-related At specified times the manufacturer situations is generally to allow
defects if there were warranty claims for must also report the open investigations manufacturers to nominate alternative
replacing electronic control units in as well as recently closed investigations remedial measures to address most
4,000 or more engines or catalytic that did not require a defect report. One potential noncompliance situations. We
converters on 2,000 or more engines. manufacturer indicated that expect that successful implementation
For engines rated above 560 kW, each investigations of potential defects can of appropriate alternative remediation
engine emits much greater levels of sometimes take a long time. We agree would obviate the need for us to make
emissions, both because of the higher and, therefore, are not specifying a time a determination of substantial
power rating and the fact that these limit for manufacturers to complete nonconformity under section 207 of the
engines generally operate at high load their investigations. The periodic Act. Alternatives nominated by a
and for long periods. In addition, the reports required by the regulations, manufacturer will be evaluated based on
engine family for such engines are however, will allow us to monitor these the following criteria. The alternatives
typically of smaller volume compared to investigations and determine if it is should—
the lower power engines. We are necessary or appropriate for us to take (1) Represent a new initiative that the
therefore adopting a requirement that further action. manufacturer was not otherwise
manufacturers investigate defects for In general, we believe this updated planning to perform at that time, with
these engines if they learn of 5 or more approach to defect reporting will a clear connection to the emission
defects that may be emission-related, or decrease the number of defect reports problem demonstrated by the engine
1 percent of total production, whichever submitted by manufacturers overall family in question;
is greater. while significantly improving their (2) Cost more than foregone
The second threshold in 40 CFR quality and their value to both EPA and compliance costs and consider the time
1068.501 specifies when a manufacturer the manufacturer. value of the foregone compliance costs
We are adopting the defect-reporting and the foregone environmental benefit
must report that there is an emission-
requirements for recreational marine of the engine family;
related defect. This threshold involves a
diesel engines that already apply to (3) Offset at least 100 percent of the
smaller number of engines because each
Category 1 commercial marine diesel emission exceedance relative to that
possible occurrence has been screened
engines (40 CFR 94.403). In general, this required to meet emission standards (or
to confirm that it is an emission-related requires the manufacturer to report to us
defect. In counting engines to compare Family Emission Limits); and
if they learn that 25 or more models (4) Be possible to implement
with the defect-reporting threshold, the have a specific defect, without effectively and expeditiously and to
manufacturer must consider a single considering what percentage of the total complete in a reasonable time.
engine family and model year. However, engines that represents. This applies to These criteria, and any other
when a defect report is required, the the occurrence of the same defect and is appropriate factors, will guide us in
manufacturer must report all not constrained by engine family or evaluating projects to determine
occurrences of the same defect in all model year. We believe it would not be whether their nature and burden is
engine families and all model years. For appropriate to have different defect- appropriate to remedy the
engines with rated power below 560 reporting requirements for different environmental impact of the
kW, the threshold for reporting a defect types of marine diesel engines, so we nonconformity.
is 0.25 percent of total production for are not adopting the defect-reporting
any single engine family, or 250 defects, provisions described above for G. Hearings (Part 1068, subpart G)
whichever is less. The thresholds are recreational marine diesel engines at Manufacturers have the opportunity
reduced 50 percent for reporting defects this time. In the future we may consider to challenge our decisions related to
related to aftertreatment devices. For whether the defect-reporting implementing this final rule. We are
engines with rated power greater than methodology described above should adopting hearing procedures consistent
560kW, the threshold for reporting apply to recreational and commercial with those currently in place for
defects is 0.5 percent of total marine diesel engines. highway engines and vehicles.
production, or 2 engines, whichever is Under Clean Air Act section 207, if
greater. we determine that a substantial number VIII. General Test Procedures
If the number of engines with a of engines within an engine family, This rule establishes new engine
specific defect is found to be less than though properly used and maintained, testing regulations in 40 CFR part 1065.
the threshold for submitting a defect do not conform to the appropriate These regulations will apply to anyone
report, but information, such as emission standards, the manufacturer who tests engines to show that they
warranty or parts shipment data, later will be required to conduct a recall of meet the emission standards for
indicates that there may be additional the noncomplying engine family to snowmobiles, ATV, motorcycles, or
defective engines, all the information remedy the problem. However, we also Large SI engines. This includes
must be considered in determining recognize the practical difficulty in certification testing, as well as all
whether the threshold for submitting a implementing an effective recall production-line and in-use testing. See
defect report has been met. If a program for nonroad engines. It may be the program descriptions above for
manufacturer has actual knowledge difficult to properly identify all the testing provisions that are unique to
from any source that the threshold for affected owners absent a nationwide different engine categories. The
submitting a defect report has been met, registration requirement similar to that regulatory text in 40 CFR part 1065 is
a defect report must be submitted even for cars and trucks. The response rate written recognizing that we may
if the trigger for investigating has not yet for affected owners or operators to an someday apply these procedures more
been met. For example, if manufacturers emission-related recall notice is also a broadly to other EPA engine testing
receive from their dealers, technical critical issue to consider. We recognize programs. If we decide to apply these
staff or other field personnel that in some cases, recalling provisions to other engines in future
information showing conclusively that noncomplying nonroad engines may not rulemaking, we would incorporate
there is a recurring emission-related achieve sufficient environmental necessary additions or changes at that
defect, they must submit a defect report. protection, so our intent in such time. Recreational marine diesel engines
must be tested using the procedures For Large SI engines and engine’s maximum test speed, we have
already adopted in 40 CFR part 94. snowmobiles, the steady-state test established a specific procedure for
procedures specify measuring emissions measuring this engine parameter.86
A. General Provisions
with dilute-sampling equipment. Some We define the maximum test speed
As we have done in previous manufacturers have expressed a for any engine to be the single point on
programs, we are adopting specific test preference to continue with their an engine’s maximum-power versus
procedures to define how to measure established practice of using raw- speed curve that lies farthest away from
emissions, but allow alternate sampling equipment and procedures. the zero-power, zero-speed point on a
procedures if they are shown to be While we believe dilute-sampling is normalized maximum-power versus
equivalent to our specified procedures. most appropriate for these engines, the speed plot. In other words, consider
The test procedures in 40 CFR part 1065 provisions for alternate testing straight lines drawn between the origin
are derived from our test procedures in procedures may allow for raw-sampling (speed = 0, load = 0) and each point on
40 CFR part 86 for highway heavy-duty measurements for steady-state testing. an engine’s normalized maximum-
gasoline engines and light-duty As specified in 40 CFR 1065.10(c)(3) of power versus speed curve. Maximum
vehicles. The procedures have been the regulations, we allow manufacturers test speed is defined at that point where
simplified (and to some extent to use alternate procedures shown to be the length of this line reaches its
generalized) to better fit nonroad equivalent to the specified procedures. maximum value. For constant-speed
engines. We are also including an interim engines, maximum test speed is the
provision for snowmobiles to allow engine’s rated speed.
B. Laboratory Testing Equipment manufacturers to use the raw-sampling
procedures in 40 CFR part 91 for a few Intermediate speed for steady-state
The regulations do not specify the duty cycles is defined as the speed at
type of engine or chassis dynamometer years before they are required to show
equivalence with the dilute-sampling which the engine generates its
to use during testing. Rather, they maximum torque value. However, in
include performance criteria that must procedures. This option will allow
manufacturers to focus their engineering cases where the maximum torque occurs
be met during each test. These criteria at a speed that is less than 60 percent
are intended to ensure that deviations efforts on reducing emissions during the
start of the program. or greater than 75 percent of the rated
from the specified speed and load duty speed, the intermediate speed is often
cycle are small. C. Laboratory Testing Procedures specified as either 60 or 75 percent of
Measuring emissions during transient The specific procedures for running rated speed, whichever is closer to the
operation calls for a greater degree of emission tests are outlined briefly here, speed of maximum torque. The
sophistication than steady-state testing. with a more detailed description of the maximum test speed described above is
For chassis testing of recreational most significant aspects. Before testing used to calculate these percentage
vehicles, we are adopting the the engine, it is necessary to operate it values relative to rated speed.
specifications established in 40 CFR enough to stabilize emission levels or to
part 86 for highway engines. For Large 2. Maintenance
make it more representative of in-use
SI engines, we based the dynamometer engines. This is called service As described in Section II.C.1, we are
specifications around the capabilities of accumulation and may take one of two limiting the amount of scheduled
current dynamometers with enhanced forms. In the first method, a new engine maintenance manufacturers may
control capabilities. While EPA is operated for up to 50 hours as a break- prescribe for their customers to ensure
confirmatory testing with transient duty in period. This is done for most or all that engines continue to meet emission
cycles must meet the prescribed emission-data engines. The second standards. If manufacturers specify
specifications, manufacturers may ask method is much longer, up to the full unreasonably frequent maintenance,
for approval to run tests with relaxed useful life, and is done to determine there would be little assurance that in-
requirements for following the trace of deterioration factors. use engines would continue to operate
the transient duty cycle. Manufacturers Once an engine is ready for testing, it at certified emission levels. We also
would have an incentive to accurately is connected to the dynamometer with apply these minimum maintenance
reproduce the test cycle to ensure its exhaust flowing into the dilution intervals to engines the manufacturer
compliance with emission standards, tunnel. The dynamometer is controlled operates for service accumulation before
but would be able to use otherwise to make the engine follow the specified testing for emissions. For example,
invalidated tests if the degree of duty cycle. A continuous sample is manufacturers may not install a new
variance from the test cycle does not collected from the dilution tunnel for catalyst on a Large SI engine after 2,000
call into question the engine’s reported each test segment or test mode using hours of operation, then select that
emission levels. sample bags. These bags are then engine for the in-use testing program.
In addition, for transient testing with analyzed to determine the Similarly, manufacturers may not
recreational vehicles and any testing concentrations of HC, CO, and NOX. replace fuel-system components on a
with Large SI engines, the regulations recreational vehicle during the course of
specify that emissions must be 1. Test Speeds
service accumulation for establishing
measured using a full-dilution constant- The definition of maximum test deterioration factors. We do not restrict
volume sampler (CVS) like those used to speed, where speed is the angular scheduling of routine maintenance
measure emissions from highway velocity of an engine’s crankshaft items, such as changing engine oil and
engines. This means that during a test, (usually expressed in revolutions per replacing oil, fuel, or air filters. We may
an engine’s exhaust is routed into a minute, or rpm), is an important aspect also allow changing spark plugs, even
dilution tunnel where it is mixed with of most duty cycles. Until recently, we though we are aware that spark plugs
air and then sampled using a bag relied on engine manufacturers to may affect emissions.
sampler system. After the test, the declare reasonable rated speeds for their
concentrations of HC, CO, and NOX in engines and then used the rated speed 86 See the final rule for commercial marine diesel
the bag is measured using conventional as the maximum test speed. However, to engines for a broader discussion of maximum test
laboratory analyzers. have a more objective measure of an speed (64 FR 73300, December 29, 1999).
D. Other Testing Procedures standards. For recreational marine the latest version of our NONROAD
As noted in earlier sections, we are diesels, the alternatives analyzed were emissions model. This model computes
establishing some special test applying draft European standards or emission levels for a wide variety of
procedures for field testing situations. implementing our primary program two nonroad engines, and uses information
These special procedures are designed years earlier. For the Large SI category, on emission rates, operating data, and
to apply to specific types of engines, the alternative focused on adopting a population to determine annual
and thus do not apply generally to all steady-state only 2007 requirement. For emission levels of various pollutants. A
engines covered by this rulemaking. off-highway motorcycles, we analyzed a more detailed description of the
You should read the specific applicable more-stringent 1.0 g/km standard and a methodology used for projecting
section to determine if such special test less-stringent 4.0 g/km standard for HC inventories and projections for
procedures apply to any specific + NOX control. With ATVs, the additional years can be found in the
category of engines or vehicles. alternatives presented were a 2.0 g/km Chapter 6 of the Final Regulatory
and a 1.0 g/km HC + NOX standard. For Support Document.
IX. Projected Impacts snowmobiles, we analyzed four Tables IX.A–1 and IX.A–2 contain the
This section summarizes the projected alternatives, ranging from only adopting projected emission inventories for
impacts of the emission standards. The one phase of standards in 2006 to a calendar year 2010 from the engines and
anticipated reduction in emissions is standard that would require, on average, vehicles subject to this rulemaking
compared with the projected cost of the reductions of 85% HC and 50% CO under the base case (i.e., without the
program for an assessment of the cost from baseline emissions. Additional standards taking effect) and assuming
per ton of reducing emissions for this detailed discussion on these alternatives the standards take effect. Tables IX.A–
rule. The section includes the results of and the results of the alternatives 3 and IX.A–4 contain the projected
the analysis for the Final Program. We analysis are presented in Chapter 11 of emission inventories for calendar year
have also analyzed the impacts of the RSD. 2020. The percent reductions based on
different alternatives for each of the A. Environmental Impact a comparison of estimated emission
program areas. This analysis of inventories with and without the
alternatives, for the most part, focused To estimate nonroad engine and emission standards are also presented in
on more or less stringent alternative vehicle emission contributions, we used each of the tables.
TABLE IX.A–1.—2010 PROJECTED HC AND NOX EMISSIONS INVENTORIES

HC* NOX
Category Base With Percent With Percent re-
Base case
case standards reduction standards duction
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

CO PM
Category Base With Percent Base With Percent
case standards reduction case standards 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

HC* NOX
Category Base With Percent With Percent
Base case
case standards reduction standards reduction
Large SI ............................................................................................... 318 34 89 472 43 91
TABLE IX.A–3.—2020 HC AND NOX PROJECTED EMISSIONS INVENTORIES—Continued

HC* NOX
Category Base With Percent With Percent
Base case
case standards reduction standards 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

CO PM
Percent
Category Base With Percent Base With reduction
case standards reduction case 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 our cost analysis can be found in parts (see the Final Regulatory Support
there will also be environmental Chapter 5 of the Final Regulatory Document for additional information).87
benefits associated with reduced haze in Support Document. The cost analysis assumes this learning
many sensitive areas. Cost estimates based on the current effect applies equally well to the
Finally, anticipated reductions in adoption of the technologies associated
projected costs for our estimated
hydrocarbon emissions correspond with with this rule by decreasing estimated
technology packages represent an
reduced emissions of the toxic air variable costs by 20 percent starting in
expected incremental cost of vehicles in
emissions referenced in Section I. the third year of production and an
the near term. For the longer term, we
B. Cost Estimates have identified factors that will cause additional 20 percent starting in the
cost impacts to decrease over time. First, sixth year of production.
In assessing the economic impact of
setting emission standards, we have we project that manufacturers will Table IX.B–1 summarizes the
made a best estimate of the necessary generally recover their fixed costs over projected near-term per unit average
technologies and their associated costs. a five-year period, so these costs costs to meet the new emission
In making our estimates we have relied disappear from the analysis after the standards. These estimates are based on
on our own technology assessment, fifth year of production. Second, the the manufacturing cost rather than
which includes information supplied by analysis incorporates the expectation predicting price increase; the costs
individual manufacturers and our own that manufacturers and suppliers will nevertheless take into account
in-house testing. Estimated costs apply ongoing research and anticipated mark-ups to present retail-
include variable costs (for hardware and manufacturing innovation to making price equivalent figures. Long-term
assembly time) and fixed costs (for emission controls more effective and impacts on engine costs are expected to
research and development, retooling, less costly over time. Research in the decrease as manufacturers fully
and certification). The analysis also costs of manufacturing unrelated to amortize their fixed costs and learn to
considers total operating costs, emissions control technologies has optimize their designs and production
including maintenance and fuel consistently shown that as processes to meet the standards more
consumption. Cost estimates based on manufacturers gain experience in efficiently. The tables also show our
the projected technologies represent an production and use, they are able to projections of reduced operating costs
expected change in the cost of engines apply innovations to simplify for some engines (calculated on a net
as they begin to comply with new machining and assembly operations, use present value basis), which generally
emission standards. All costs are lower cost materials, and reduce the results from substantial reductions in
presented in 2001 dollars. Full details of number or complexity of component fuel consumption.
87 For further information on learning curves, see Requirements, EPA420-R–99–023, December 1999. February 10, 2000), marine diesel engines (64 FR
Chapter 5 of the Economic Impact, from Regulatory A copy of this document is included in Air Docket 73300, December 29, 1999), nonroad diesel engines
Impact Analysis-Control if Air Pollution from New A–2000–01, at Document No. II-A–83. The (63 FR 56968, October 23, 1998), and highway
Motor Vehicles: Tier 2 Motor Vehicle Emission interested reader should also refer to previous final diesel engines (62 FR 54694, October 21, 1997).
Standards and Gasoline Sulfur Control rules for Tier 2 highway vehicles (65 FR 6698,
TABLE IX.B–1.—ESTIMATED AVERAGE COST IMPACTS OF EMISSION STANDARDS

Increased pro- Lifetime oper-
Standards Dates duction cost per ating costs per
vehicle* 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 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 mar-
ket impacts will affect actual prices to consumers.
We estimate that the anticipated from two-stroke to four-stroke general design changes to the
increase in the near-term cost of technology will see substantial fuel geometries, configurations, and
producing new Large SI engines for the savings in addition to greatly reduced calibrations of their engines. These
2004 standards is estimated to range emissions. With an averaging program figures are somewhat lower than we
from $550 to $800, depending on fuel that allows manufacturers to apply have projected for the comparable
type, with a composite estimated cost of varying degrees of technology to commercial marine engines, since the
$605. This cost is attributed to different models, we believe they will recreational models generally already
upgrading engines to operate with be able to tailor emission controls in a have some of the emission-control
closed-loop fuel systems and three-way way that reflects the performance needs technologies needed to meet the
catalysts. These technologies also for their products. Fuel savings emission standards.
improve the overall performance of associated with replacing two-stroke
The above analysis presents unit cost
these engines, including improvements engines with four-stroke engines
estimates for each type of engine or
to fuel economy that result in reduced partially offsets the additional cost of
vehicle. These costs represent the total
operating costs that fully offset the producing these vehicles.
We expect that the near-term cost of set of costs the engine or vehicle
additional hardware cost. We further manufacturers will bear to comply with
estimate additional costs of $50 for the the 2006 snowmobile standards will
average $73 per snowmobile. These emission standards. For those categories
2007 standards, which primarily with engine-based standards, we do not
involve additional development time to costs are based on a mix of technologies
including a small increase in the use of anticipate significant new costs for
optimize engines using the same closed- equipment manufacturers installing
loop systems with three-way catalysts. four-stroke and direct injection
technology. For other engines we expect certified engines. Operating costs are
While these costs are a small percentage also taken into account, but where there
of the cost of industrial equipment, we manufacturers to lean out the air-fuel
mixture, improve carburetion for better is an effect, we project these impacts to
are aware that this may not be involve only cost savings for operators.
insignificant in this very competitive fuel control and less production
variation, and modify the engine to With current and projected estimates of
market. Given the compelling engine and equipment sales, we
advantages of improved performance withstand higher temperatures and
potential misfire episodes attributed to translate these costs into projected
and reduced operating expenses, direct costs to the nation for the new
however, we believe manufacturers will enleanment. We expect that the 2010
and 2012 standards will be met through emission standards in any year. A
generally be able to recover their costs summary of the annualized costs to
over time.88 inceasing the application of direct
injection two-stroke technology and manufacturers by equipment type is
Projected average near-term costs for four-stroke engines on a significant presented in Table IX.B–2. (The
ATVs and off-highway motorcycles are portion of the fleet. We project that the annualized costs are determined over
$84 and $155 per unit, respectively. near-term incremental cost of the Phase the first twenty years that the standards
Standards are based on the emission- 2 standards will average $131 per will be in effect. Because the standards
control capability of engines four-stroke snowmobile and Phase 3 will be $89, take effect in different years for the
engines.89 Those models that convert although we believe these costs will be various categories of equipment covered
fully offset by fuel savings. by this rule, the aggregate annualized
88 Chapter 5 of the Final Regulatory Support
Recreational marine diesel engines are cost is calculated over a slightly longer
Document describes why we believe market forces period of time encompassing the first
haven’t already led manufacturers to add fuel- expected to see increased costs
saving technologies to their products. averaging under $400 per engine in the twenty years of each of the standards.
89 The program contains an optional set of
near-term. We expect manufacturers to For this reason, the aggregate
standards for off-highway motorcycles which could meet emission standards by improving annualized cost is not the sum of the
result in the use of direct injection two-stroke individual annualized costs.) The
technology in some high-performance applications. fuel injection systems and making
Chapter 11.3 provides a cost analysis for this
annual cost savings due to reduced
option. The costs are projected to be somewhat technology to high-performance competition operating expenses start slowly, then
higher for this option due to the application of models. increase as greater numbers of
compliant engines enter the fleet. Table Overall, based on currently available net savings to the economy of
IX.B–2 also presents a summary of the information, we project an annualized approximately $200 million per year.
annualized reduction in operating costs.
TABLE IX.B–2—ESTIMATED ANNUAL COST TO MANUFACTURERS AND ANNUAL SAVINGS FROM REDUCED OPERATING
COSTS OF EMISSION STANDARDS
Annualized sav-
Annualized cost ings from re-
to manufactur-
Engine type duced operating
ers (millions/ costs (millions/
year) 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 Table IX.C–1 presents the near-term snowmobile engines. The cost to society
We calculated the cost per ton of discounted cost-per-ton estimates for and the associated cost-per-ton figures
emission reductions for the emission the various engines covered by the rule. for these engines, and the aggregate
standards. For snowmobiles, this (The aggregate cost-per-ton estimates are values for all engines covered by this
calculation is on the basis of HC and CO over the first 20 years of emission rule, therefore show a net savings
emissions. For all other engines, we standards.) Reduced operating costs resulting from the emission standards.
attributed the entire cost of the program more than offset the increased cost of The table presents these as $0 per ton,
to the control of ozone precursor producing the cleaner engines for Phase rather than calculating a negative value
emissions (HC or NOX or both). 1 Large SI, and Phase 2 and Phase 3 that has no clear meaning.
TABLE IX.C–1.—ESTIMATED COST-PER-TON OF EMISSION STANDARDS
Discounted cost per ton Discounted cost
Discounted of HC+NOX per ton of CO
reductions
Standards Dates per vehicle With
Without Without
(short With fuel fuel
fuel sav- fuel sav-
tons) * savings sav-
ings ings ings
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 (social gains or costs) associated with contained in this final rule. As
the regulation. A description of the explained in more detail in Chapter 9 of
We performed an analysis to estimate methodology used can be found in the Final Regulatory Support Document,
the economic impacts of this final rule Chapter 9 of the Final Regulatory this was due to the large number of
on producers and consumers of Support Document prepared for this different types of equipment that use
recreational marine diesel vessels
rulemaking. Large SI engines and data availability
(specifically, diesel inboard cruisers),
We did not perform an economic constraints for those market segments.
forklifts, snowmobiles, ATVs, off-
highway motorcycles, and society as a impact analysis for categories of Large For the sake of completeness, the
whole. This economic impact analysis SI nonroad engines other than forklifts, following analysis reports separate
focuses on market-level changes in even though those other Large SI estimates for Large SI engines other than
price, quantity, and economic welfare engines are also subject to the standards forklifts. Engineering costs are assumed
to be equal to economic costs for those social gains of the rule in the year 2030 loss in consumer and producer surplus
engines. This approach slightly is projected to be $553.5 million (in (see Table IX.D–1), taking into account
overestimates the social costs associated 2000 and 2001 dollars). The net present producers’ and consumers’ changes in
with the relevant standards. value of the social gains for the 2002 to behavior resulting from the costs
Based on the estimated regulatory 2030 time frame is equal to $4.9 billion, associated with the rule.90 Social gains
costs associated with this rule and the using a 3% discount rate. This value do not account for the social benefits
predicted changes in prices and would be $2.4 billion with a 7% (the monetized health and
quantity produced in the affected discount rate. The social gains are equal environmental effects of the rule).
industries, the total estimated annual to the fuel savings minus the combined
TABLE IX.D–1.—SURPLUS LOSSES, FUEL EFFICIENCY GAINS, AND SOCIAL GAINS/COSTS IN 2030 a
Surplus losses Fuel efficiency Social gains/
Vehicle category in 2030 gains in 2030 costs in 2030 b
($ millions) ($ millions) ($ 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 E. Do the Benefits Outweigh the Costs of achieved by this final rulemaking?’’ In
contained in this rule, we expect there the Standards? designing an analysis to address this
will be a fuel savings as manufacturers question, we selected a future year for
While EPA uses relative cost- analysis (2030) that is representative of
redesign their engines to comply with effectiveness as the primary manner to
emission standards. For ATVs and off- full-implementation of the program (i.e.,
take costs into consideration, further when the Large SI and recreational
highway motorcycles, the fuel savings insight regarding the standards can be
will be realized as manufacturers switch vehicle fleet is composed of virtually
provided by benefit-cost analysis. The only compliant vehicles).
from two-stroke to four-stroke purpose of this section is to summarize
technologies. For snowmobiles, the fuel the methods we used and results we To quantify benefits, we evaluated
savings will be realized as obtained in conducting an analysis of PM-related health effects (including
manufacturers switch some of their the economic benefits of the changes in directly emitted PM and NOX
engines to more fuel efficient two-stroke emissions from engines covered by this contribution to particulate nitrate) using
technologies and some of their engines rule, and to compare these economic a benefits transfer technique. Although
to four-stroke technologies. For Large SI benefits with the estimated economic we expect economic benefits to exist,
engines, the fuel savings will be realized costs of the rule. In summary, the results we were unable to quantify or to value
as manufacturers adopt more of our analysis indicate that the specific changes in visibility, ozone, CO
sophisticated and more efficient fuel economic benefits of the final standards or air toxics because we did not perform
systems; this is true for all fuels used by will exceed the costs of meeting the additional air quality modeling.
Large SI engines. Overall, we project the standards. The annual estimated To evaluate the PM-related health
fuel savings associated with the benefits we were able to quantify were effects, we adopted a benefits transfer
anticipated changes in technology to be approximately $10 billion in 2030. technique that relies on the extensive
about 800 million gallons per year once particulate matter air quality and
1. What Was Our Overall Approach to
the program is fully phased in. These benefits modeling conducted for the
the Benefit-Cost Analysis?
savings are factored into the calculated highway Heavy Duty Engine/Diesel Fuel
costs and costs per ton of reduced The basic question we sought to final rule.91 That RIA used an analytical
emissions, as described above. answer in the benefit-cost analysis was, structure and sequence similar to that
‘‘What are the net yearly economic used in the ‘‘section 812 studies’’ to
benefits to society of the reduction in estimate the total benefits and costs of
mobile source emissions likely to be the full Clean Air Act.92 In the HD
90 Consumer and producer surplus losses are gains exceed surplus losses) attributable to the Senior Economist, Estimated Nox, Sox, and PM
measures of the economic welfare loss consumers rules. Emissions Health Damages for Heavy Duty Vehicle
91 Regulatory Impact Analysis: Heavy-Duty
and producers, respectively are likely to experience Emissions, April 22, 2002. A copy of this letter can
as a result of the regulations. Combined these losses Engine and Vehicle Standards and Highway Diesel be found in Docket A–2000–01, Document IV–A–
represent an estimate of the economic or social Fuel Sulfur Control Requirements, document 146.
EPA420–R–00–026, December 2000. Docket No. A–
costs of the rule. Note that for the Large SI and 92 The section 812 studies include: (1) U.S. EPA,
2000–01, Document No. II–A–13. This document is
recreational vehicle rules, fuel efficiency gains must also available at http://www.epa.gov/otaq/ Report to Congress: The Benefits and Costs of the
be netted from surplus losses to estimate the social diesel.htm#documents. The transfer technique is Clean Air Act, 1970 to 1990, October 1997 (also
costs or social gains (in cases where fuel efficiency described in a memorandum, Dr. Bryan Hubbell, known as the ‘‘Section 812 Retrospective Report’’);
Engine/Diesel Fuel analysis, we used • Uncertainties in the estimation of other factors are presented in the RIA
many of the same models and future year emissions inventories and for the HD Engine/Diesel Fuel rule and
assumptions used in the section 812 air quality; in the RSD for this rule. The
studies as well as other Regulatory • Uncertainties associated with the presentation of the other alternative
Impact Analyses (RIAs) prepared by the transfer of the results of the HD Engine/ calculations for certain endpoints seeks
Office of Air and Radiation. By adopting Diesel Fuel analysis to this program, to demonstrate how much the overall
the major design elements, models, and especially regarding the assumption of benefit estimate might vary based on the
assumptions developed for the section similarity in geographic distribution value EPA has given to a parameter
812 studies and other RIAs, we have between emissions and human (which has uncertainty associated with
largely relied on methods which have populations and years of analysis;93 it) underlying the estimates for human
already received extensive review by the • Variability in the estimated health and environmental effect
independent Science Advisory Board relationships of health and welfare incidence and the economic valuation
(SAB), by the public, and by other effects to changes in pollutant of those effects. These alternative
federal agencies. Although the concentrations; calculations represent conditions that
underlying method has experienced • Uncertainties in exposure might occur; however, EPA has selected
significant review, the transfer of values estimation; the best values supported by current
from an existing primary benefits • Uncertainties in applying scientific literature for use in the
analysis to estimate the benefits of a willingness to pay estimates from primary estimate. The primary estimate
new program has not had this type of National Park and Forest visitors to U.S. is the source for our benefits transfer
review and the transfer technique recreational participants and technique.
introduces additional uncertainties. uncertainties in average number of Even with our efforts to fully disclose
activity days per year; and the uncertainty in our estimate, our
2. What Are the Significant Limitations • Uncertainties associated with the uncertainty presentation method does
of the Benefit-Cost Analysis? effect of potential future actions to limit not provide a definitive or complete
Every benefit-cost analysis examining emissions. picture of the true range of monetized
the potential effects of a change in Despite these uncertainties, we benefits estimates. The set of alternative
environmental protection requirements believe the benefit-cost analysis calculations is only representative of
is limited to some extent by data gaps, provides a reasonable indication of the those benefits that we were able to
limitations in model capabilities (such expected economic benefits of the final quantify and monetize.
as geographic coverage), and rulemaking in future years under a set
uncertainties in the underlying 3. What Are the benefits In the Years
of assumptions.
scientific and economic studies used to One key area of uncertainty is the Leading Up to 2030?
configure the benefit and cost models. value of a statistical life (VSL) for The final rule has various cost and
Deficiencies in the scientific literature reductions in mortality risk. The emission related components, as
often result in the inability to estimate adoption of a value for the projected described earlier in this section. These
quantitative changes in health and reduction in the risk of premature components would begin at various
environmental effects, such as potential mortality is the subject of continuing times and in some cases would phase in
increases in premature mortality discussion within the economic and over time. This means that during the
associated with increased exposure to public policy analysis community. In early years of the program there would
carbon monoxide. Deficiencies in the accordance with the independent not be a consistent match between cost
economics literature often result in the Science Advisory Board advice,94 we and benefits, especially where the full
inability to assign economic values even use the value of a statistical life (VSL) vehicle cost would be incurred at the
to those health and environmental for risk reductions in mortality in our time of vehicle purchase, while the fuel
outcomes which can be quantified. primary estimate. Alternative savings along with the emission
While these general uncertainties in the calculations of adjustment for age and reductions and benefits resulting from
underlying scientific and economics all these costs would occur throughout
literatures, which can cause the 93 In the original HD Engine/Diesel Fuel analysis, the lifetime of the vehicle. Because of
valuations to be higher or lower, are we modeled air quality and benefits in 2030. There this inconsistency and our desire to
discussed in detail in the Final are sufficient non-linearities and interactions more appropriately match the costs and
among pollutants in the atmospheric chemistry that
Regulatory Support Document and its introduce additional uncertainties in the
emission reductions of our program, our
supporting documents and references, quantitative estimate of the benefits in years that analysis uses a future year (2030) when
the key uncertainties which have a were not fully modeled in the original analysis. the fleet is nearly fully turned over.
bearing on the results of the benefit-cost 94 SAB advised that the EPA ‘‘continue to use a In the years before 2030, the benefits
analysis of this final rule include the wage-risk-based VSL as its primary estimate, from the final rule will be less than
including appropriate sensitivity analyses to reflect
following: the uncertainty of these estimates,’’ and that ‘‘the
those estimated here, because the
• The exclusion of potentially only risk characteristic for which adjustments to the compliant vehicle fleet will not be fully
significant benefit categories (such as VSL can be made is the timing of the risk’’ (EPA- phased in, and the overall U.S.
health and ecological benefits of SAB-EEAC–00–013; a copy of this document can be population would be smaller.
found in Docket A–99–06, Document No. IV–A–19).
reduction in hazardous air pollutants In developing our primary estimate of the benefits
Annualized costs, on the other hand,
emissions and ozone; improvements in of premature mortality reductions, we have reach nearly their full value within a
visibility); appropriately discounted over the lag period few years of program initiation (once all
• Errors in measurement and between exposure and premature mortality. phase-ins are completed). Thus, a
projection for variables such as However, an empirical basis that meets the SAB’s
standards of reliability for adjusting the current $6
benefit-cost ratio computed for the
population growth; million VSL for many of these factors does not yet earlier years of the program would be
exist. A discussion of these factors is contained in expected to be lower than a ratio based
and (2) the first in the ongoing series of prospective the RIA and supporting documents. EPA recognizes on our 2030 analysis when the fleet has
studies estimating the total costs and benefits of the the need for additional research by the scientific
Clean Air Act (see EPA report number: EPA–410– community to develop additional empirical support
fully turned over. The stream of costs
R–99–001, November 1999). See Docket A–99–06, for adjustments to VSL for the factors mentioned and the limited set of quantified benefits
Document II–A–21. above. over time are presented in the Final
Regulatory Support Document. On the realized once the standards have been estimated economic value of those
other hand, since the estimated benefits fully implemented and non-compliant avoided incidences.95 We present
are more than 40 times the costs vehicles have all been retired. estimates for the reductions for the
(excluding fuel savings) in 2030, the Table IX.E–1 presents EPA’s primary Large SI category only. As the table
emission reduction and cost trends indicates, we estimate that the final rule
estimate of the benefits of the rule, both
suggest that it is likely that annual will reduce premature mortality
the estimated reductions in incidences
benefits would exceed costs from a time associated with fine PM by around
early in the life of the program. and the estimated economic value of
those incidence reductions. In 1,000 incidences per year, produce
4. What Were the Results of the Benefit- interpreting the results, it is important about 600 fewer cases of chronic
Cost Analysis? to keep in mind the limited set of effects bronchitis, and result in significant
The benefit-cost analysis for the final we are able to monetize. Specifically, reductions in minor restricted activity
rule reflects a single year picture of the the table lists the avoided PM-related days (with an estimated 1 million fewer
yearly benefits and costs expected to be incidences of health effects and the 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
Avoided incidence a,c Monetary benefits a,d
PM-related endpoint (cases/year) (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 suf-
ferers, 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 list-
ed 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 recreate. A full appreciation of the TABLE IX.E–2.—ADDITIONAL, NON-
primarily by the reduction in premature overall economic consequences of the MONETIZED BENEFITS OF THE LARGE
fatalities each year, which account for final standards requires consideration of SI/RECREATIONAL VEHICLE STAND-
over 80 percent of total benefits. all benefits and costs expected to result ARDS
This table also indicates with a ‘‘B’’ from the new standards, not just those
those additional health and benefits and costs which could be Pollutant Unquantified effects
environmental benefits which could not expressed here in dollar terms.
be expressed in quantitative incidence Ozone Health Premature mortality.a
and/or economic value terms. A full Increased airway respon-
listing of the benefit categories that siveness to stimuli.
could not be quantified or monetized in Inflammation in the lung.
our estimate are provided in Table IX.E– Chronic respiratory damage.
2. The final rule may also provide some Premature aging of the
lungs.
visibility improvements in Class I areas
and near where people live, work, and
95 Based upon recent preliminary findings by the Hopke, dated August 8, 2002. Docket A–2000–01, rule will reduce 23,400 incidents of asthma attacks
Health Effects Institute, the concentration-response Document IV–A–145. each year in asthmatics of all ages from reduced
functions used to estimate reductions in hospital 96 Our estimate also incorporates significant exposure to particles. Additional incidents would
admissions may over- or underestimate the true reductions in 27,000 fewer cases of lower be avoided from reduced ozone exposures. Asthma
concentration-response relationship. See Letter respiratory symptoms, and 26,600 fewer cases of is the most prevalent chronic disease among
from Dan Greenberg, President, Health Effects upper respiratory symptoms in asthmatic children children and currently affects over seven percent of
Institute, May 30, 2002, attached to letter from Dr. each year. In addition, we estimate that this final children under 18 years of age.
TABLE IX.E–2.—ADDITIONAL, NON- TABLE IX.E–2.—ADDITIONAL, NON- TABLE IX.E–2.—ADDITIONAL, NON-

MONETIZED BENEFITS OF THE LARGE MONETIZED BENEFITS OF THE LARGE MONETIZED BENEFITS OF THE LARGE
SI/RECREATIONAL VEHICLE STAND- SI/RECREATIONAL VEHICLE STAND- SI/RECREATIONAL VEHICLE STAND-
ARDS—Continued ARDS—Continued ARDS—Continued
Pollutant Unquantified effects Pollutant Unquantified effects Pollutant Unquantified effects
Acute inflammation and res- Impacts of nitrogen deposi- HC Welfare .... Direct toxic effects to ani-
piratory cell damage. tion on recreation in estua- mals.
Increased susceptibility to rine ecosystems. Bioaccumulation in the food
respiratory infection. Damage to ecosystem func- chain.
Non-asthma respiratory tions Damage to ecosystem func-
emergency room visits. CO Health ...... Premature mortalitya. tion
Increased school absence Behavioral effects. a Premature mortality associated with ozone
rates Hospital admissions—res- and carbon monoxide is not separately in-
Ozone Welfare Decreased yields for com- piratory, cardiovascular, cluded in this analysis. In this analysis, we as-
mercial forests (for exam- and other. sume that the ACS/Krewski, et al. C–R func-
ple, Western US). Other cardiovascular effects tion for premature mortality captures both PM
Decreased yields for fruits Developmental effects. mortality benefits and any mortality benefits
and vegetables. Decreased time to onset of associated with other air pollutants. A copy of
Decreased yields for non- angina. Krewski, et al., can be found in Docket A–99–
commercial crops. 06, Document No. IV–G–75.
Non-asthma respiratory ER b Many of the key hydrocarbons related to
Damage to urban orna- visits this rule are also hazardous air pollutants list-
mental plants. HC Health b .... Cancer (benzene, 1,3-buta- ed in the Clean Air Act.
Impacts on recreational de- diene, formaldehyde, acet-
mand from damaged for- aldehyde). In summary, EPA’s primary estimate
est aesthetics. Anemia (benzene). of the benefits of the final rule is
Damage to ecosystem func- Disruption of production of approximately $7.8 billion in 2030. This
tions blood components estimate accounts for growth in real
PM Health ...... Infant mortality. (benzene). gross domestic product (GDP) per capita
Low birth weight. Reduction in the number of between the present and 2030.
Changes in pulmonary func- blood platelets (benzene). The estimated social cost (measured
tion. Excessive bone marrow for- as changes in consumer and producer
Chronic respiratory diseases mation (benzene).
other than chronic bron- Depression of lymphocyte
surplus) in 2030 to implement the final
chitis. counts (benzene) rule from Table IX.D–1 above is $217
Cardiac endpoints. Reproductive and develop- million (2001$). The net social gain,
Morphological changes. mental effects (1,3-buta- considering fuel efficiency, is $554
Altered host defense mecha- diene). million. The monetized benefits are
nisms. Irritation of eyes and mucus approximately $7.8 billion, and EPA
Cancer. membranes believes there is considerable value to
Non-asthma respiratory (formaldehyde). the public of the benefits it could not
emergency room visits Respiratory irritation monetize. The net benefit that can be
PM Welfare .... Visibility in Class I areas. (formaldehyde). monetized is $8.4 billion. Therefore,
Residential and recreational Asthma attacks in
visibility in non-Class I asthmatics
implementation of the final rule is
areas. (formaldehyde). expected to provide society with a net
Soiling and materials dam- Asthma-like symptoms in gain in social welfare based on
age. non-asthmatics economic efficiency criteria. Table IX.E–
Damage to ecosystem func- (formaldehyde). 3 summarizes the costs, benefits, and
tions Irritation of the eyes, skin, net benefits.
Nitrogen and Impacts of acidic sulfate and and respiratory tract The net present value of the future
Sulfate Dep- nitrate deposition on com- (acetaldehyde). benefits have been calculated using a
osition Wel- mercial forests Upper respiratory tract irrita- 3% discount rate over the 2002 to 2030
fare. tion and congestion time frame. The net present value of the
Impacts of acidic deposition (acrolein)
social gains is $4,899 million and the
to commercial freshwater
fishing. net present value of the total annual
Impacts of acidic deposition benefits is $77,177 million + B.
to recreation in terrestrial Consequently, the net present value of
ecosystems. the monetized net benefits of this
Reduced existence values program is $82,076 million. If a
for currently healthy eco- discount rate of 7% is used, the values
systems. above change to $2,393 million for
Impacts of nitrogen deposi- social gains and $40,070 million + B for
tion on commercial fishing,
total benefits, giving a total of $42,463
agriculture, and forests.
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
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 sup-
ported 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 must determine whether the regulatory Management and Budget (OMB) under
A wide variety of interested parties action is ‘‘significant’’ and therefore the Paperwork Reduction Act, 44 U.S.C.
participated in the rulemaking process subject to review by the Office of 3501 et seq.
that culminates with this final rule. This Management and Budget (OMB) and the The Agency may not conduct or
process provided several opportunities requirements of this Executive Order. sponsor an information collection, and
for public comment over a period of The Executive Order defines a a person is not required to respond to
more than two years. An Advance ‘‘significant regulatory action’’ as any a request for information, unless the
Notice of Proposed Rulemaking (65 FR regulatory action that is likely to result information collection request displays
76797, December 7, 2000) announced in a rule that may: a currently valid OMB control number.
our intent to address emissions from • Have an annual effect on the The OMB control numbers for EPA’s
these engines. Comments received economy of $100 million or more or regulations are listed in 40 CFR part 9
during this period were considered in adversely affect in a material way the and 48 CFR chapter 15.
economy, a sector of the economy, The reporting requirements in this
the development of the proposal and are
productivity, competition, jobs, the final rule do not apply until the Office
discussed in that document. These
environment, public health or safety, or of Management has approved them. We
comments included information
State, Local, or Tribal governments or will publish a document in the Federal
received from small businesses as a part
communities; Register announcing that the
of the inter-agency Small Business
Advocacy Review Panel process which • Create a serious inconsistency or information-collection requirements are
otherwise interfere with an action taken approved.
was completed before we published the
proposal and is described below under or planned by another agency;
C. Regulatory Flexibility Act (RFA), as
• Materially alter the budgetary
the discussion of the Regulatory Amended by the Small Business
impact of entitlements, grants, user fees,
Flexibility Act. The formal comment Regulatory Enforcement Fairness Act of
or loan programs, or the rights and
period and public hearing associated 1996 (SBREFA), 5 U.S.C. 601 et seq.
obligations of recipients thereof; or
with the proposal provided another • Raise novel legal or policy issues EPA has determined that it is not
opportunity for public input. We have arising out of legal mandates, the necessary to prepare a regulatory
also met with a variety of stakeholders President’s priorities, or the principles flexibility analysis in connection with
at various points in the process, set forth in the Executive Order. this final rule. EPA has also determined
including state and environmental A Final Regulatory Support Document that this rule will not have a significant
organizations, engine manufacturers, has been prepared and is available in economic impact on a substantial
and equipment manufacturers. the docket for this rulemaking and at the number of small entities.
We have prepared a detailed For purposes of assessing the impacts
internet address listed under ADDRESSES
Summary and Analysis of Comments of this final rule on small entities, a
above. This action was submitted to the
document, which describes the small entity is defined as: (1) A small
Office of Management and Budget for
comments we received on the proposal business that meet the definition for
review under Executive Order 12866.
and our response to each of these business based on SBA size standards;
Annual initial costs of this rulemaking
comments. The Summary and Analysis (2) a small governmental jurisdiction
are estimated to be over $100 million
of Comments is available in the docket that is a government of a city, county,
per year but this is offset by operating
for this rule and on the Office of town, school district or special district
cost savings of over $400 million dollars
Transportation and Air Quality internet with a population of less than 50,000;
per year. Even so, this rule is considered
home page at http://www.epa.gov/otaq/ and (3) a small organization that is any
economically significant. Written
. not-for-profit enterprise which is
comments from OMB and responses
XI. Statutory and Executive Order from EPA to OMB comments are in the independently owned and operated and
Reviews public docket for this rulemaking. is not dominant in its field. This
rulemaking will affect only the small
A. Executive Order 12866: Regulatory B. Paperwork Reduction Act businesses.
Planning and Review The information collection In accordance with section 609 of the
Under Executive Order 12866 (58 FR requirements (ICR) in this rule will be RFA, EPA conducted an outreach to
51735, October 4, 1993), the Agency submitted for approval to the Office of small entities and convened a Small
Business Advocacy Review (SBAR) that this final rule will not have a that cause or contribute to ozone or CO
Panel prior to proposing this rule, to significant economic impact on a concentrations in more than one ozone
obtain advice and recommendations of substantial number of small entities. We or CO nonattainment area that achieve
representatives of the small entities that also made some changes as a result of the greatest degree of emissions
potentially would be subject to the comments received on the proposal that reductions achievable taking cost and
rule’s requirements. Through the Panel we believe will further reduce the level other factors into account.
process, we gathered advice and of impact to small entities directly Since the finding in 1994, EPA has
recommendations from small-entity regulated by the rule. These can be been engaged in the process of
representatives who would be affected found below in Section 5, ‘‘Steps Taken establishing programs to control
by the provisions in the rule relating to to Minimize the Impact on Small emissions from nonroad engines used in
large SI engines and land-based Entities.’’ many different applications. Nonroad
recreational vehicles, and published the Although this final rule will not have categories already regulated include:
results in a Final Panel Report, dated a significant impact on a substantial • Land-based compression-ignition
July 17, 2001. EPA had previously number of small entities, EPA has (CI) engines (such as farm and
convened a separate Panel for marine prepared a Small Business Flexibility construction equipment),
engines and vessels. This panel also Analysis that examines the impact of • Small land-based spark-ignition (SI)
produced a report, dated August 25, the rule on small entities, along with engines (such as lawn and garden
1999. We also prepared an Initial regulatory alternatives that could reduce equipment and string trimmers),
Regulatory Flexibility Analysis (IRFA) that impact. This analysis would meet • Marine engines (outboards,
in accordance with section 603 of the the requirements for a Final Regulatory personal watercraft, commercial marine
Regulatory Flexibility Act. The IRFA is Flexibility Analysis (FRFA), had that diesel, marine diesel engines under 37
found in chapter 8 of the Draft analysis been required. The Small kW),
Regulatory Support Document. Both Business Flexibility Analysis can be • Locomotive engines.
EPA issued an Advance Notice of
Panel reports and the IRFA have been found in Chapter 8 of the Final
Proposed Rulemaking (ANPRM) on
placed in the docket for this rulemaking Regulatory Support Document, which is
December 7, 2000, and a Notice of
(Public Docket A–2000–01, items II–A– available for review in the docket and is
Proposed Rulemaking (NPRM) on
85, II–F–22, and III–B–01). summarized below. The key elements of
September 14, 2001, which continued
EPA proposed the majority of the our Small Business Flexibility Analysis
the process of establishing standards for
Panel recommendations, and took include:
nonroad engines and vehicles, with
comments on these and other —The need for, and objectives of, the proposed new emission standards for
recommendations. The information we rule. recreational marine diesel engines,
received during this rulemaking process —The significant issues raised by public recreational vehicles, and other nonroad
indicated that fewer small entities comments, a summary of the Agency’s spark-ignition engines over 19 kW. This
would be significantly impacted by the assessment of those issues, and a final rule includes emission standards
rule than we had originally estimated. statement of any changes made to the and related requirements for these
During the SBAR Panel process, a proposed rule as a result of those vehicles and engines that are consistent
concern was raised that importers comments. with the requirements of the Act.
would have limited access to certified —The types and number of small
models for import. We received no entities to which the rule will apply. 2. Summary of Significant Issues Raised
comments regarding this concern and —The reporting, record keeping and by Public Comments
believe that the supply of four-stroke other compliance requirement of the We received comments from engine
engines for ATVs and off-highway rule. and equipment manufacturers and
motorcycles will continue to increase. —The steps taken to minimize the consumers, both during the SBAR Panel
As a result, we believe all these impact of the rule on small entities, process and during the comment period
companies should be able to find consistent with the stated objectives after we issued the proposal. Small-
manufacturers that are able to supply of the applicable statute. volume engine and equipment
them with compliant engines. These A fuller discussion of each of these manufacturers commented on the
importers incur no development costs, elements can be found in the Small financial hardships they would face in
and they are not involved in adding Business Flexibility Analysis (Chapter 8 complying with the proposed
emission-control hardware or other of the Final Regulatory Support regulations. Most requested that we
variable costs to provide a finished Document). consider hardship provisions, primarily
product to market. We also expect that an exemption from or a delay in the
the vehicles they import would have 1. The Need for and Objectives of This implementation of the proposed
fuel tanks and hoses that comply with Rule standards, or certain flexibilities in the
the permeation standards. However, EPA began a study of emissions from certification process. Due to the wide
even if this were not the case, the new and existing nonroad engines, variety of engines, vehicles, and
additional two or three dollars that it equipment, and vehicles in 1991. In equipment covered by this rulemaking,
would cost to make them compliant 1994, EPA finalized its finding that we decided that a variety of provisions
with the permeation standards is trifling nonroad engines as a whole ‘‘are were needed to address the concerns of
in comparison with the normal selling significant contributors to ozone or the small entities involved. Changes to
price for these vehicles. They should carbon monoxide concentrations’’ in the proposal as a result of comments
therefore expect to buy and sell their more than one ozone or carbon from small-entity representatives or
products with the normal markup to monoxide nonattainment area.97 Clean others are noted below in Section 5 for
cover their costs and profit. As noted Air Act section 213 (a)(3) then requires each of the sectors affected by this rule.
below, we expect all 21 known small- EPA to establish standards for all classes The NPRM proposed only exhaust
business importers to face compliance and categories of new nonroad engines emission controls for recreational
costs of less than one percent of their vehicles. However, several commenters
revenues. Thus, EPA has determined 97 59 FR 31306 (July 17, 1994). raised the issue of control of evaporative
emissions related to permeation from applications also supported the received comments from several
fuel tanks and fuel hoses. They concerns raised by the commenters. affected businesses, including at least
maintained that our obligations under Therefore, on May 1, 2002, we one small entity. These comments have
section 213 of the Clean Air Act published a notice in the Federal been addressed in this final rulemaking,
included control of permeation Register reopening the comment period including several changes made to the
emissions, and pointed to work done by and requesting comment on possible provisions as a result of the comments.
the California ARB on emissions from approaches to regulating permeation
c. Numbers and Types of Small Entities
plastic fuel tanks and rubber fuel line emissions from recreational vehicles.
Affected
hoses, as well as from portable plastic The notice also included the expected
fuel containers. Our own investigation costs and emission reductions resulting The following table provides an
into hydrocarbon emissions related to from these approaches. Commenters overview of the primary SBA small
permeation of fuel tanks and fuel hoses were given thirty days from May 1, 2002 business categories potentially affected
from recreational land-based and marine to provide comments on the notice. We by this regulation.
TABLE XI.C–1: PRIMARY SBA SMALL BUSINESS CATEGORIES POTENTIALLY AFFECTED BY THIS REGULATION
Defined by SBA as a
Industry NAICSa Codes 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 re-
ceipts are considered ‘‘small entities’’ for purposes of a regulatory flexibility analysis.
The small entities directly regulated face compliance costs less than one be passed along to the ultimate
by this rule are the following: percent of their revenues. consumer. However, to ensure that these
a. Recreational Vehicles (ATVs, We expect all 21 small-business requirements do not adversely affect
snowmobiles, and off-highway importers to face compliance costs less small manufacturers, we are
than one percent of their revenues. implementing, where they are
motorcycles). The ATV sector has the
These companies incur no development applicable to permeation, the same
broadest assortment of manufacturers.
costs and they are not involved in flexibility options we proposed for the
There are seven large companies
adding emission-control hardware or exhaust emission standards.
representing over 95 percent of total
other variable costs to provide a Based on available industry
domestic ATV sales. The remaining 5 finished product to market. As a result, information, four major manufacturers
percent come from small manufacturers they should expect to buy and sell their account for over 99 percent of all
or importers, who tend to import products with the normal mark-up to domestic snowmobile sales. The
inexpensive, youth-oriented ATVs from cover their costs and profit. During the remaining one percent comes from very
China and other Asian nations. We have SBAR Panel process, the concern was small manufacturers who tend to
identified 21 small companies that offer raised that importers might have limited specialize in unique and high-
off-highway motorcycles, ATVs, or both access to certified models for import. performance designs. One potential
products. Annual unit sales for these We received no comments confirming manufacturer is not a small business,
companies can range from a few this concern and believe that the supply but hopes to produce snowmobiles
hundred to several thousand units per of four-stroke engines for ATVs and off- within the next year. Most of these
year. highway motorcycles will continue to manufacturers build less than 50 units
There are three small businesses increase; as a result all these companies per year. We have identified three small
manufacturing off-highway motorcycles should be able to find manufacturers manufacturers of snowmobiles who are
in the U.S. Two of these make only that are able to supply compliant still in business (of five originally
competition models, so do not need to engines into the U.S. market. identified). Two of these companies
certify their products under this We further believe that compliance specialize in high-performance versions
regulation. The remaining off-highway with the permeation standards will not of standard recreational snowmobile
motorcycle manufacturer already offers place a significant burden on either the types (i.e., travel and mountain sleds).
engines that should be meeting the new small manufacturers or on the The other manufacturer produces a
emission standards, especially under importers. We have estimated the unique design, which is a small scooter-
our provisions allowing design-based incremental cost of compliance for like snowmobile designed to be ridden
certification. There is one small ATVs and off-highway motorcycles at standing up. This manufacturer
business manufacturing two separate roughly three dollars per vehicle. This provided no response to repeated
youth ATV models. This company estimate includes shipping, and is based outreach efforts to determine potential
already uses four-stroke engines. Also, on buying the necessary low- economic effects of the final rule, but
the standards are based on emissions permeability hoses and surface could be expected to use production
per watt hour, which are less costly to treatment for the fuel tanks from outside engines certified to the Small SI
meet for models with small- suppliers. Thus, no capital outlays are standards.
displacement engines. As a result, we required, and the increase in vehicle There are thus three small businesses
expect both of these manufacturers to cost is insignificant, so that it can easily currently producing snowmobiles for
the U.S. market. One of these currently We have determined that at least 16 improve the engine enough to sustain a
makes a mix of two-stroke and four- companies manufacture marine diesel market presence as other manufacturers
stroke models and will likely rely on the engines for recreational vessels. Nearly continue to make improvements to
provision allowing separate standards 75 percent of diesel engines sales for competitive engines. Under the
for certain manufacturers to produce recreational vessels in 2000 can be hardship provisions, we expect the
low-emitting engines with a streamlined attributed to three large companies. Six start-up company to spread compliance
development effort. Estimated of the 16 identified companies are costs over several years to reduce the
compliance costs for this company are considered small businesses as defined impact of emission standards. We
less than one percent of revenues. Costs by SBA. Based on sales estimates for nevertheless estimate that the
for the company producing the standup 2000, these six companies represent compliance costs associated with
snowmobile should also be less than approximately 4 percent of recreational meeting EPA emission standards are
one percent. The third manufacturer marine diesel engine sales. The about 5 percent of revenues. Since this
sells a single snowmobile model in remaining companies each comprise manufacturer is operating in a niche
addition to a sizable business of between two and seven percent of sales market, with customers providing
supplying aftermarket parts for for 2000. public comments citing the need for
snowmobiles from other manufacturers. We are thus aware of six small these engines, we expect that most of
We don’t have revenue information for businesses producing marine diesel the increased cost of production will be
the whole company, but with such low engines that may be considered recovered by increased revenues.
sales volumes, we estimate that this recreational. Three of these companies d. Result for all Small Entities. For
company’s compliance costs could produce both commercial and this regulation as a whole, we expect 32
reach 4–10 percent of annual recreational models without significant small businesses to have total
snowmobile revenues. differences, so we expect them to meet compliance costs less than 1 percent of
Control of permeation emissions was the standards in this final rule with their annual revenues. We estimate that
not part of the SBAR Panel process. We little more than the administrative one company will have compliance
received comments from one small expenses associated with including costs between 1 and 3 percent of
snowmobile manufacturer who stated recreational models in their commercial revenues. Three companies will likely
that it would experience additional engine families. High-performance have compliance costs exceeding 3
hardship due to the permeation recreational marine diesel engines percent of revenues, but at least one will
standards, because they do not have the already include technologies that help likely be able to benefit from the relief
sales volume to install the barrier control NOX emissions, so our cost provisions outlined below. These
treatment for fuel tanks in-house. They estimates include relatively modest estimates include the costs for
also commented that if shipping and development costs to add new compliance with the permeation
processing of fuel tanks took 3–4 technologies. Moreover, the small- standards.
months, it would be difficult for a small business provisions allowing substantial
4. Reporting, Record Keeping, and
business to tie up funds for so long. additional lead time provide an
Compliance Requirements
However, we believe that the opportunity for these companies to
permeation control requirements should spread development and certification For any emission-control program, we
be relatively easy for small businesses to costs over several years. As a result, we need assurance that the regulated
meet, given the relatively low costs expect one small business to have engines will meet the standards.
involved ($5 to $7 per sled, based on compliance costs approaching one Historically, EPA programs have
outside vendor costs). This is percent and one to have compliance assigned manufacturers the
insignificant in comparison to the cost costs between 1 and 3 percent. One very responsibility to provide these
of the high-end sleds that this company small business could have compliance assurances. This final rule includes
produces and should not materially costs of about four percent of annual testing, reporting, and record keeping
affect the company’s cash flow. We also revenues. requirements. Testing requirements for
believe it is not necessary, or cost- c. Large Spark-ignition Engines. We some manufacturers include
effective, for a small entity to make the are aware of two manufacturers of Large certification (including deterioration
capital investments for in-house SI engines qualifying as small testing) and production-line testing.
treatment facilities. Low permeation businesses. One of these companies Reporting and record keeping
fuel hoses are available from vendors plans to produce engines that meet the requirements include test data and
today, and we would expect that surface standards adopted by California ARB in technical data on the engines, including
treatment would be applied through an 2004, with the possible exception of one defect reporting.
outside company, rather than installing engine family. The other company is
5. Steps Taken To Minimize the Impact
a treatment facility in house. In any attempting to restart the production of
on Small Entities
event, to make sure that these engines from another failed company.
requirements do not adversely affect This company did not exist during the The two SBAR Panels considered a
small manufacturers, we are SBAR Panel process associated with this variety of provisions to reduce the
implementing, where they are rule. burden of complying with new emission
applicable to permeation, the same The established company will face standards and related requirements.
flexibility options we proposed for the relatively small compliance costs as a Some of these provisions (such as
exhaust emission standards. result of this rule, since California- emission-credit programs) would apply
b. Marine Vessels. Marine vessels compliant engines will need only a to all companies, while others would be
include the boat, engine, and fuel small amount of additional targeted at the unique circumstances
system. Exhaust emission controls development effort to meet long-term faced by small businesses. A complete
including NTE requirements, as standards. These costs should be less discussion of the regulatory alternatives
addressed in the August 29, 1999 and than one percent of revenues. recommended by the Panels can be
July 17, 2001 SBAR Panel Reports, may The start-up company faces found in the Final Panel Reports.
affect the engine manufacturers and may significant development costs, though Summaries of the Panels’ recommended
affect boat builders. much of this effort is required to alternatives for each of the sectors
subject to this action can also be found small businesses. We are not adopting (2) Off-Highway Motorcycles and ATVs
in their respective sections of the this provision and are instead relying on The NPRM for this rule discussed
preamble. the hardship provisions in the final rule, several flexibility options for small
The following Panel which will allow us to accomplish the businesses manufacturing recreational
recommendations are being finalized by objective of the proposed provision with vehicles, based on the SBAR Panel
the Agency, except for a few items as more flexibility. process. When we reopened the
noted below:
(b) Delay of Emission Standards. The comment period on May 1, 2002 to
(A) Related Federal Rules Panel recommended that EPA propose request comment on possible
The Panel recommended that EPA to delay the applicability of the long- approaches to regulating permeation
continue to consult with the CPSC in term standards to small-volume emissions from recreational vehicles, we
developing the rule to better understand manufacturers for three years beyond did not specifically discuss small
the scope of the Commission’s the date at which they would generally business issues. However, it is our
regulations as they may relate to the apply to accommodate the possibility intent that these provisions carry over to
competition exemption. that small companies need to undertake permeation controls as well.
further design work to adequately The Panel made the following
(B) Regulatory Flexibility Alternatives optimize their designs and to allow recommendations for this subcategory:
The Panel recommended that EPA them to recover the costs associated (a) General Recommendations. (1) The
consider and seek comments on a wide with the near-term emission standards. Panel recommended that EPA propose
range of alternatives, including the We are also folding this provision into to apply the flexibilities described
flexibility options described below. As the scope of the hardship provision, but below to engines produced or imported
noted above, we issued a subsequent have decided to increase the delay to up by small entities with combined off-
Federal Register notice dated May 1, to four years, depending on the nature highway motorcycle and ATV annual
2002 (67 FR 21613), seeking comment of the hardship involved. sales of less than 5,000 units per model
on applying permeation control year.
standards for fuel tanks and fuel hoses (c) Production-Line Testing. The (2) The Panel recommended that EPA
used on recreational vehicles. The Panel made several recommendations request comment on the appropriateness
flexibilities listed below for recreational for this provision. First, the Panel of the 5,000 unit per model year
vehicles would generally also apply to recommended that EPA adopt threshold.
those controls, which would effectively provisions allowing more flexibility (3) The Panel recommended that EPA
extend the panel recommendations to than is available under the California request comment on allowing small
the permeation controls as well. Large SI program or other EPA programs entities with sales in excess of 5,000
in general to address the concern that units to certify using the flexible
(1) Large SI Engines production-line testing is another area approaches described below for a
The Panel recommended that EPA where small-volume manufacturers number of engines equal to their 2000
propose several possible provisions to typically face a difficult testing burden. or 2001 sales level.
address concerns that the new EPA Second, the Panel recommended that (4) The Panel recommended that EPA
standards could potentially place small EPA allow small-volume manufacturers describe and seek comment on the effect
businesses at a competitive to have a reduced testing rate if they of the standards on these entities,
disadvantage to larger entities in the have consistently good test results from including a request for any data and/or
industry. These provisions are described testing production-line engines. Finally, related studies to estimate the extent to
below. the Panel recommended that EPA allow which sales of their products are likely
(a) Using Certification and Emission small-volume manufacturers to use to be reduced as a result of changes in
Standards From Other EPA Programs. alternative low-cost testing options to product price that are attributable to the
The Panel made several show that production-line engines meet emission standards.
recommendations for this provision. emission standards. (5) The Panel recommended that, in
First, the Panel recommended that EPA the final rule, EPA assess any
(d) Deterioration Factors. The Panel
temporarily expand this arrangement to information received in response to this
recommended that EPA allow small-
allow small numbers of constant-speed request for purposes of informing the
volume manufacturers to develop
engines up to 2.5 liters (up to 30kW) to final rule decision making process on
deterioration factors based on available
be certified to the Small SI standards. whether additional flexibility (beyond
emission measurements and good
Second, the Panel further recommended that considered in this report) is
engineering judgment.
that EPA seek comment on the warranted.
appropriateness of limiting the sales (e) Hardship Provision. The Panel (b) Additional Lead-Time To Meet
level of 300. Third, the Panel recommended that EPA propose two Emission Standards. First, the Panel
recommended that EPA request types of hardship provisions for Large SI recommended that EPA propose at least
comment on the anticipated cap of 30 engines. First the Panel recommended a two-year delay, but seek comment on
kW on the special treatment provisions that EPA allow small businesses to whether a larger time period is
outlined above, or whether a higher cap petition EPA for up to three years of appropriate given the costs of
on power rating is appropriate. Finally, additional lead time to comply with the compliance for small businesses and the
the Panel recommended that EPA standards. Second, the Panel relationship between importers and
propose to allow small-volume recommended that EPA allow small their suppliers. Second, the Panel
manufacturers producing engines up to businesses to apply for hardship relief if recommended that EPA provide
30kW to certify to the Small SI circumstances outside their control additional time for small-volume
standards during the first 3 model years cause the failure to comply (such as a manufacturers to revise their
of the program. Thereafter, the supply contract broken by a parts manufacturing process, and would
standards and test procedures which supplier) and if the failure to sell the allow importers to change their supply
could apply to other companies at the subject engines would have a major chain to acquire complying products.
start of the program would apply to impact on the company’s solvency. Third, the Panel recommended that EPA
request comment on the appropriate comment on the implementation recommendations from the SBAR Panel
length for a delay (lead-time). provisions. process. When we reopened the
(c) Design Certification. The Panel comment period on May 1, 2002 to
recommended that EPA propose to (3) Marine Vessels
request comment on possible
permit small entities to use design- (a) Delay Standards for Five Years. approaches to regulating permeation
based certification. The Panel also The Panel recommended that EPA delay emissions from recreational vehicles,
recommended that EPA work with the the standards for five years for small which would apply to snowmobiles as
small-entity representatives and other businesses. well as to off-highway motorcycles and
members of the industry to develop (b) Design-Based Certification. The ATVs, we did not specifically discuss
appropriate criteria for such design- Panel recommended that EPA allow small business issues. However, it is our
based certification. manufacturers to certify by design and intent that the proposed flexibilities for
(d) Broaden Engine Families. The to be able use this to generate credits exhaust emissions carry over to
Panel recommended that EPA request under this approach. The Panel also permeation controls for all three vehicle
comment on engine family flexibility recommended that EPA provide categories, to the extent that they are
and conducting design-based adequately detailed design applicable.
certification emissions testing. specifications and associated emission (a) Delay of Emission Standards. The
(e) Production-Line Testing Waiver. levels for several technology options Panel recommended that EPA propose
The Panel recommended that EPA that could be used to certify. Although to delay the standards for small
propose to provide small manufacturers we proposed this approach, we were snowmobile manufacturers by two years
and small importers a waiver from unable to specify any technology from the date at which other
manufacturer production-line testing. options for diesel engines that could be manufacturers would be required to
The Panel also recommended that EPA used for design-based certification. We comply. The Panel also recommended
request comment on whether limits or requested comment on such designs and that EPA propose that the emission
the scope of this waiver are appropriate. received no comment. Therefore, we are standards for small snowmobile
(f) Use of Assigned Deterioration not finalizing a design-based manufacturers be phased in over an
Factors During Certification. The Panel certification option. However, we are additional two year (four years to fully
recommended that EPA propose to finalizing the engine dresser provisions implement the standard). Thus, the
provide small business with the option and expanding these provisions to 2006 Phase 1 standards would be
to use assigned deterioration factors. include water-cooled turbocharging. phased in at 50/100 percent in 2008/
(g) Using Certification and Emission This will allow some engines to be 2009, the Phase 2 standards would be
Standards from Other EPA Programs. exempt from the standards based on phased in at 50/100 percent in 2012/
The Panel recommended that EPA design. 2013, and the Phase 3 standards would
propose to provide small business with (c) Broadly Defined Product be phased in at 50/100 percent in 2014/
this flexibility through the fifth year of Certification Families. The Panel 2015.
the program and request comment on recommended that EPA take comment (b) Design-Based Certification. The
which of the already established on the need for broadly defined Panel recommended that EPA take
standards and programs are believed to emission families and how these comment on how design-based
be a useful certification option for the families should be defined. certification could be applied to small
small businesses. (d) Hardship Provisions. The Panel snowmobile manufacturers, and that
(h) Averaging, Banking, and Trading. recommended that EPA propose two EPA work with the small entities in the
The Panel recommended that EPA types of hardship programs for marine design and implementation of this
propose to provide small business with engine manufacturers, boat builders and concept.
the same averaging, banking, and fuel tank manufacturers: First, that we (c) Broader Engine Families. The
trading program flexibilities that would should allow small businesses to Panel recommended that EPA propose a
apply for large manufacturers and petition us for additional lead time to provision for small snowmobile
request comment on how the provisions comply with the standards. Second, manufactures that would use relaxed
could be enhanced for small business to EPA should allow small businesses to criteria for what constitutes an engine or
make them more useful. apply for hardship relief if vehicle family.
(i) Hardship Provisions. The Panel circumstances outside their control (d) Elimination of Production-Line
recommended that EPA propose two cause the failure to comply (such as a Testing Requirements. The Panel
types of hardship program for off- supply contract broken by a parts recommended that EPA propose that
highway motorcycles and ATVs: First, supplier) and if the failure to sell the small snowmobile manufacturers not be
EPA should allow small manufacturers subject fuel tanks or boats would have subject to production-line testing
and small importers to petition EPA for a major impact on the company’s requirements.
limited additional lead-time to comply solvency. The Panel also recommended (e) Use of Assigned DF During
with the standards. Second, EPA should that EPA work with small Certification. The Panel recommended
allow small manufacturers and small manufacturers to develop these criteria that EPA propose to allow small
importers to apply for hardship relief if and how they would be used. snowmobile manufacturers to elect to
circumstances outside their control (e) Burden Reduction Approaches use deterioration factors determined by
cause the failure to comply (such as a Designed for Small Marinizers of Marine EPA to demonstrate end of useful life
supply contract broken by a parts Engines With Respect to NTE emission levels, thus reducing
supplier) and if failure to sell the subject Provisions. The Panel recommended development/testing burdens, rather
engines or vehicles would have a major that EPA specifically include NTE in a than performing a durability
impact on the company’s solvency. design-based approach. demonstration for each engine family as
The Panel also recommended that part of the certification testing
EPA propose both aspects of the (4) Snowmobiles requirement.
hardship provisions for small off- As noted above, permeation standards (f) Using Certification and Emission
highway motorcycle and ATV were not part of the original NPRM for Standards From Other EPA Programs.
manufacturers and importers and seek this rule, which incorporated The Panel recommended that EPA
propose to provide small business with entities are likely to be impacted by $100 million to the private sector in any
the flexibility to use an engine certified more than 3 percent of their sales, and single year. EPA believes that this rule
to another EPA program without the degree of impact is likely to be represents the least costly, most cost-
recertifying it in its new application further reduced by the flexibilities that effective approach to achieve the air
provided that the manufacturer does not are being finalized in this rulemaking. quality goals of the rule. The costs and
alter the engine in such a way as to Therefore, this final rule will not have benefits associated with the rule are
cause it to exceed the emission a significant economic impact on a discussed in Section IX and in the Small
standards it was originally certified to substantial number of small entities. Business Support Document, as
meet. required by the UMRA.
(g) Averaging, Banking and Trading. D. Unfunded Mandates Reform Act
The Panel recommended that EPA Title II of the Unfunded Mandates E. Executive Order 13132: Federalism
propose an averaging, banking and Reform Act of 1995 (UMRA), Public Executive Order 13132, entitled
trading program for snowmobiles, and Law 104–4, establishes requirements for ‘‘Federalism’’ (64 FR 43255, August 10,
seek comment on additional flexibilities federal agencies to assess the effects of 1999), requires EPA to develop an
related to emission credits that should their regulatory actions on state, local, accountable process to ensure
be considered for small snowmobile and tribal governments and the private ‘‘meaningful and timely input by State
manufacturers. sector. Under section 202 of the UMRA, and local officials in the development of
(h) Hardship Provisions. The Panel EPA generally must prepare a written regulatory policies that have federalism
recommended that EPA propose two statement, including a cost-benefit implications.’’ ‘‘Policies that have
types of hardship programs for small analysis, for proposed and final rules federalism implications’’ are defined in
snowmobile manufacturers. First, EPA with ‘‘federal mandates’’ that may result the Executive Order to include
should allow small snowmobile in expenditures to state, local, and tribal regulations that have ‘‘substantial direct
manufacturers to petition EPA for governments, in the aggregate, or to the effects on the States, on the relationship
additional lead time to comply with the private sector, of $100 million or more between the national government and
standards. Second, EPA should allow in any one year. Before promulgating an the States, or on the distribution of
small snowmobile manufacturers to EPA rule for which a written statement power and responsibilities among the
apply for hardship relief if is needed, section 205 of the UMRA various levels of government.’’
circumstances outside their control generally requires EPA to identify and
Under Section 6 of Executive Order
cause the failure to comply (such as a consider a reasonable number of
regulatory alternatives and adopt the 13132, EPA may not issue a regulation
supply contract broken by a parts
least costly, most cost-effective, or least that has federalism implications, that
supplier) and if failure to sell the subject
burdensome alternative that achieves imposes substantial direct compliance
engines or vehicles would have a major
impact on the company’s solvency. the objectives of the rule. The costs, and that is not required by statute,
(i) Unique Snowmobile Engines. The provisions of section 205 do not apply unless the Federal government provides
Panel recommended that EPA seek when they are inconsistent with the funds necessary to pay the direct
comment on an additional provision, applicable law. Moreover, section 205 compliance costs incurred by State and
which would allow a small snowmobile allows EPA to adopt an alternative other local governments, or EPA consults with
manufacturer to petition EPA for than the least costly, most cost-effective, State and local officials early in the
relaxed standards for one or more or least burdensome alternative if the process of developing the regulation.
engine families. The Panel also Administrator publishes with the final EPA also may not issue a regulation that
recommended that EPA allow a rule an explanation of why that has federalism implications and that
provision for EPA to set an alternative alternative was not adopted. preempts State law, unless the Agency
standard at a level between the Before EPA establishes any regulatory consults with State and local officials
prescribed standard and the baseline requirements that may significantly or early in the process of developing the
level until the engine family is retired uniquely affect small governments, regulation.
or modified in such a way as to increase including tribal governments, it must Section 4 of the Executive Order
emission and for the provision to be have developed under section 203 of the contains additional requirements for
extended for up to 300 engines per year UMRA a small government agency plan. rules that preempt State or local law,
per manufacturer would assure it is The plan must provide for notifying even if those rules do not have
sufficiently available for those potentially affected small governments, federalism implications (i.e., the rules
manufacturers for whom the need is enabling officials of affected small will not have substantial direct effects
greatest. However, we received governments to have meaningful and on the States, on the relationship
comment that the limit of 300 is too timely input in the development of EPA between the national government and
restrictive to be of much assistance to regulatory proposals with significant the states, or on the distribution of
small businesses. Based on this federal intergovernmental mandates, power and responsibilities among the
comment we are adopting a limit for and informing, educating, and advising various levels of government). Those
this provision of 600 snowmobiles per small governments on compliance with requirements include providing all
year. Finally, the Panel recommended the regulatory requirements. affected State and local officials notice
that EPA seek comment on initial and This rule contains no federal and an opportunity for appropriate
deadline dates for the submission of mandates for state, local, or tribal participation in the development of the
such petitions. We received no governments as defined by the regulation. If the preemption is not
comments in this area, but for clarity provisions of Title II of the UMRA. The based on express or implied statutory
have decided to require at least nine rule imposes no enforceable duties on authority, EPA also must consult, to the
months lead time by the petitioner. any of these governmental entities. extent practicable, with appropriate
Nothing in the rule would significantly State and local officials regarding the
(5) Conclusion or uniquely affect small governments. conflict between State law and
In summary, considering both exhaust EPA has determined that this rule Federally protected interests within the
emission and permeation regulations, contains federal mandates that may agency’s area of regulatory
we have found that only three small result in expenditures of more than responsibility.
This rule does not have federalism significant’’ as defined under Executive applicable voluntary consensus
implications. It will not have substantial Order 12866, and (2) concerns an standards.
direct effects on the States, on the environmental health or safety risk that This rule involves technical
relationship between the national EPA has reason to believe may have a standards. The following paragraphs
government and the States, or on the disproportionate effect on children. If describe how we specify testing
distribution of power and the regulatory action meets both criteria, procedures for engines subject to this
responsibilities among the various Section 5–501 of the Order directs the rule.
levels of government, as specified in Agency to evaluate the environmental The International Organization for
Executive Order 13132. health or safety effects of the planned Standardization (ISO) has a voluntary
Although Section 6 of Executive rule on children, and explain why the consensus standard that can be used to
Order 13132 does not apply to this rule, planned regulation is preferable to other test Large SI engines. However, the
EPA did consult with representatives of potentially effective and reasonably current version of that standard (ISO
various State and local governments in feasible alternatives considered by the 8178) is applicable only for steady-state
developing this rule. EPA has also Agency. testing, not for transient testing. As
consulted representatives from This rule is not subject to the described in the Final Regulatory
STAPPA/ALAPCO, which represents Executive Order because it does not Support Document, transient testing is
state and local air pollution officials. involve decisions on environmental an important part of the emission-
health or safety risks that may control program for these engines. We
F. Executive Order 13175: Consultation are therefore not adopting the ISO
disproportionately affect children.
and Coordination With Indian Tribal The effects of ozone and PM on procedures in this rulemaking.
Governments children’s health were addressed in Underwriters Laboratories (UL) has
Executive Order 13175, entitled detail in EPA’s rulemaking to establish adopted voluntary consensus standards
‘‘Consultation and Coordination with the NAAQS for these pollutants, and for forklifts that are relevant to the new
Indian Tribal Governments’’ (65 FR EPA is not revisiting those issues here. requirements for Large SI engines. UL
67249, November 6, 2000), requires EPA EPA believes, however, that the sets a maximum temperature
to develop an accountable process to emission reductions from the strategies specification for gasoline and, for
ensure ‘‘meaningful and timely input by in this rulemaking will further reduce forklifts used in certain applications,
tribal officials in the development of air toxics and the related adverse defines requirements to avoid venting
regulatory policies that have tribal impacts on children’s health. from gasoline fuel tanks. We are
implications.’’ ‘‘Policies that have tribal adopting a different temperature limit,
implications’’ is defined in the H. Executive Order 13211: Actions That because the maximum temperature
Executive Order to include regulations Significantly Affect Energy Supply, specified by UL does not prevent fuel
that have ‘‘substantial direct effects on Distribution, or Use boiling. We are adopting separate
one or more Indian tribes, on the This rule is not a ‘‘significant energy measures to address venting of gasoline
relationship between the Federal action’’ as defined in Executive Order vapors, because of UL’s provisions to
government and the Indian tribes, or on 13211, ‘‘Actions Concerning Regulations allow venting with an orifice up to 1.78
the distribution of power and That Significantly Affect Energy Supply, mm (0.070 inches). We believe forklifts
responsibilities between the Federal Distribution, or Use’’ (66 FR 28355 (May with such a vent would have
government and Indian tribes.’’ 22, 2001)) because it is not likely to unnecessarily high evaporative
This rule does not have tribal have a significant adverse effect on the emissions. If the UL standard is revised
implications. It will not have substantial supply, distribution or use of energy. to address these technical concerns, it
direct effects on tribal governments, on The aim to reduce emissions from would be appropriate to reference the
the relationship between the Federal certain nonroad engines and have no UL standard in our regulations. An
government and Indian tribes, or on the effect on fuel formulation, distribution, additional concern relates to the fact
distribution of power and or use. Generally, the final rule leads to that the UL requirements apply only to
responsibilities between the Federal reduced fuel usage due to the forklifts (and not all forklifts in the case
government and Indian tribes, as improvements in engine-based of the restriction on vapor venting). EPA
specified in Executive Order 13175. The emission-control technologies. regulations would therefore need to, at
emission standards and other related a minimum, extend any published UL
I. National Technology Transfer and
requirements for private businesses in standards to other engines and
Advancement Act
this rule have national applicability and equipment to which the UL standards
therefore do not uniquely affect the Section 12(d) of the National would otherwise not apply.
communities of Indian Tribal Technology Transfer and Advancement The Gas Processors Association has
Governments. Further, no circumstances Act of 1995 (‘‘NTTAA’’), Public Law adopted standards with fuel
specific to such communities exist that 104–113, section 12(d) (15 U.S.C. 272 specifications for liquefied petroleum
would cause an impact on these note) directs EPA to use voluntary gas. However, there is no existing
communities beyond those discussed in consensus standards in its regulatory regulations requiring suppliers to meet
the other sections of this rule. Thus, activities unless doing so would be these specifications. Comments received
Executive Order 13175 does not apply inconsistent with applicable law or on the rule indicate a high level of
to this rule. otherwise impractical. Voluntary concern that in-use fuel quality does not
consensus standards are technical meet the published voluntary standards,
G. Executive Order 13045: Protection of standards (such as materials so we are not relying on these fuel
Children From Environmental Health specifications, test methods, sampling specifications to define fuels for
and Safety Risks procedures, and business practices) that certification testing.
Executive Order 13045, ‘‘Protection of are developed or adopted by voluntary We are adopting requirements to test
Children from Environmental Health consensus standards bodies. NTTAA off-highway motorcycles and all-terrain
Risks and Safety Risks’’ (62 FR 19885, directs EPA to provide Congress, vehicles with the Federal Test
April 23, 1997) applies to any rule that through OMB, explanations when the Procedure, a chassis-based transient
(1) is determined to be ‘‘economically Agency decides not to use available and test. There is no voluntary consensus
standard that would adequately address ‘‘major rule’’ as defined by 5 U.S.C. List of Subjects
engine or vehicle operation for suitable 804(2).
40 CFR Part 89
emission measurement. Furthermore,
K. Plain Language
we are interested in pursuing an engine- Environmental protection,
based test procedure for all-terrain This document follows the guidelines Administrative practice and procedure,
vehicles. We intend to develop a new of the June 1, 1998 Executive Confidential business information,
duty cycle for this, because there is no Memorandum on Plain Language in Imports, Labeling, Motor vehicle
acceptable engine duty cycle today that Government Writing. To read the text of pollution, Reporting and recordkeeping
would adequately represent the way the regulations, it is also important to requirements, Research, Vessels,
these engines operate. For snowmobiles, understand the organization of the Code Warranties.
we are adopting test procedures based of Federal Regulations (CFR). The CFR
on work that has been published, but uses the following organizational names 40 CFR Part 90
not yet adopted as a voluntary and conventions.
consensus standard. Environmental protection,
Title 40—Protection of the Environment Administrative practice and procedure,
For recreational marine diesel
Chapter I—Environmental Protection Air pollution control, Confidential
engines, we are adopting the same test
Agency business information, Imports, Labeling,
procedures that we have established for
commercial marine diesel engines (with Subchapter C—Air Programs. This Reporting and recordkeeping
a new duty cycle appropriate for contains parts 50 to 99, where the requirements, Research, Warranties.
recreational applications). We are again Office of Air and Radiation has
40 CFR Part 91
adopting these procedures in place of usually placed emission standards
the ISO 8178 standard that would apply for motor vehicle and nonroad Environmental protection,
to these engines. We believe that ISO engines. Administrative practice and procedure,
8178 relies too heavily on reference Subchapter U—Air Programs Air pollution control, Confidential
testing conditions. Because our test Supplement. This contains parts business information, Imports, Labeling,
procedures need to represent in-use 1000 to 1299, where we intend to Penalties, Reporting and recordkeeping
operation typical of operation in the place regulations for air programs in requirements, Warranties.
field, they must be based on a range of future rulemakings.
40 CFR Part 94
ambient conditions. We determined that Part 1048—Control of Emissions from
the ISO procedures are not broadly New, Large, Nonrecreational, Environmental protection,
usable in their current form, and Nonroad Spark-ignition Engines. Administrative practice and procedure,
therefore should not be adopted by Most of the provisions in this part Air pollution control, Confidential
reference. We remain hopeful that apply only to engine manufacturers. business information, Imports,
future ISO test procedures will be Part 1051—Control of Emissions from Penalties, Reporting and recordkeeping
developed that are usable and accurate Recreational Engines and Vehicles. requirements, Vessels, Warranties.
for the broad range of testing needed, Most of the provisions in this part
and that such procedures could then be 40 CFR Part 1048
apply only to vehicle
adopted. We expect that any such manufacturers. Environmental protection,
development of revised test procedures Administrative practice and procedure,
Part 1065—General Test Procedures
will be done in accordance with ISO Air pollution control, Confidential
for Engine Testing. Provisions of
procedures and in a balanced and business information, Imports,
this part apply to anyone who tests
transparent manner that includes the Incorporation by reference, Labeling,
engines to show that they meet
involvement of all interested parties, Penalties, Reporting and recordkeeping
emission standards.
including industry, U.S. EPA, foreign requirements, Research, Warranties.
government organizations, state Part 1068—General Compliance
governments, and environmental Provisions for Engine Programs. 40 CFR Part 1051
groups. In so doing, we believe that the Provisions of this part apply to
everyone. Environmental protection,
resulting procedures would be ‘‘global’’
Each part in the CFR has several Administrative practice and procedure,
test procedures that can facilitate the
subparts, sections, and paragraphs. The Air pollution control, Confidential
free flow of international commerce for
following illustration shows how these business information, Imports,
these products.
fit together. Incorporation by reference, Labeling,
J. Congressional Review Act Penalties, Reporting and recordkeeping
Part 1048 requirements, Warranties.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Subpart A
40 CFR Part 1065
Business Regulatory Enforcement Section 1048.1
Fairness Act of 1996, generally provides (a) Environmental protection,
that before a rule may take effect, the (b) Administrative practice and procedure,
agency promulgating the rule must (1) Incorporation by reference, Reporting
submit a rule report, which includes a and recordkeeping requirements,
(2)
copy of the rule, to each House of the Research.
(i)
Congress and to the Comptroller General 40 CFR Part 1068
of the United States. EPA will submit a (ii)
report containing this rule and other A cross reference to § 1048.1(b) in this Environmental protection,
required information to the U.S. Senate, illustration would refer to the parent Administrative practice and procedure,
the U.S. House of Representatives, and paragraph (b) and all its subordinate Confidential business information,
the Comptroller General of the United paragraphs. A reference to § 1048.1(b) Imports, Motor vehicle pollution,
States prior to publication of the rule in introductory text’’ would refer only to Penalties, Reporting and recordkeeping
the Federal Register. This rule is a the single, parent paragraph (b). requirements, Warranties.
Dated: September 13, 2002. operating. For example, this would to power the equipment safely and
Christine Todd Whitman, apply if the engine emits a noxious or practically, but not including
Administrator. toxic substance it would otherwise not generators, alternators, compressors or
For the reasons set out in the emit that contributes to such an pumps used to provide remote power to
preamble, title 40, chapter I of the Code unreasonable risk. a rescue tool. The equipment
of Federal Regulations is amended as set manufacturer bears the responsibility to
PART 90—CONTROL OF EMISSIONS ascertain on an annual basis and
forth below. FROM NONROAD SPARK-IGNITION maintain documentation available to the
PART 89—CONTROL OF EMISSIONS ENGINES AT OR BELOW 19 Administrator that no appropriate
FROM NEW AND IN-USE NONROAD KILOWATTS certified engine is available from any
COMPRESSION-IGNITION ENGINES source.
4. The heading to part 90 is revised (e) Engines subject to the provisions
1. The authority for part 89 continues to read as set forth above. of this subpart are also subject to the
to read as follows: 5. The authority for part 90 continues provisions found in subparts B through
Authority: 42 U.S.C. 7521, 7522, 7523, to read as follows: N of this part, except that Subparts C,
7524, 7525, 7541, 7542, 7543, 7545, 7547, Authority: 42 U.S.C. 7521, 7522, 7523, H, M and N of this part apply only to
7549, 7550, and 7601(a). 7524, 7525, 7541, 7542, 7543, 7547, 7549, Phase 2 engines as defined in this
7550, and 7601(a). subpart.
Subpart A—[Amended] (f) Certain text in this part is
Subpart A—[Amended] identified as pertaining to Phase 1 or
2. Section 89.2 is amended by adding Phase 2 engines. Such text pertains only
definitions for ‘‘Aircraft’’, ‘‘Spark- 6. Section 90.1 is revised to read as to engines of the specified Phase. If no
ignition’’, and ‘‘United States’’ in follows: indication of Phase is given, the text
alphabetic order and revising the pertains to all engines, regardless of
definition of ‘‘Compression-ignition’’ to § 90.1 Applicability.
(a) This part applies to new nonroad Phase.
read as follows:
spark-ignition engines and vehicles with 7. Section 90.2 is amended by adding
§ 89.2 Definitions. gross power output at or below 19 a new paragraph (c) to read as follows:
* * * * * kilowatts (kW) used for any purpose, § 90.2 Effective dates.
Aircraft means any vehicle capable of unless we exclude them under * * * * *
sustained air travel above treetop paragraph (d) of this section. (c) Notwithstanding paragraphs (a)
heights. (b) This part also applies to engines and (b) of this section, engines used
* * * * * with a gross power output above 19 kW in recreational vehicles with engine
Compression-ignition means relating if the manufacturer uses the provisions rated speed greater than or equal to
to a type of reciprocating, internal- of 40 CFR 1048.615 or 1051.145(a)(3) to 5,000 rpm and with no installed speed
combustion engine that is not a spark- exempt them from the requirements of governor are not subject to the
ignition engine. 40 CFR part 1048 or 1051, respectively. provisions of this part through the 2005
* * * * * Compliance with the provisions of this model year. Starting with the 2006
Spark-ignition means relating to a part is a required condition of those model year, all the requirements of this
gasoline-fueled engine or other engines exemptions. part apply to engines used in these
with a spark plug (or other sparking (c) [Reserved] vehicles if they are not included in the
device) and with operating (d) The following nonroad engines scope of 40 CFR part 1051.
characteristics significantly similar to and vehicles are not subject to the 8. Section 90.3 is amended by adding
the theoretical Otto combustion cycle. provisions of this part: definitions for ‘‘Aircraft’’, ‘‘Hobby
Spark-ignition engines usually use a (1) Engines certified to meet the engines’’, ‘‘Marine engine’’, ‘‘Marine
throttle to regulate intake air flow to requirements of 40 CFR part 1051 (e.g., vessel’’, ‘‘Recreational’’, and ‘‘United
control power during normal operation. engines used in snowmobiles). This part States’’ in alphabetical order, to read as
nevertheless applies to engines used in follows:
* * * * *
United States means the States, the recreational vehicles if the manufacturer
District of Columbia, the uses the provisions of 40 CFR § 90.3 Definitions.
Commonwealth of Puerto Rico, the 1051.145(a)(3) to exempt them from the * * * * *
Commonwealth of the Northern Mariana requirements of 40 CFR part 1051. Aircraft means any vehicle capable of
Islands, Guam, American Samoa, the Compliance with the provisions of this sustained air travel above treetop
U.S. Virgin Islands, and the Trust part is a required condition of that heights.
Territory of the Pacific Islands. exemption. * * * * *
(2) Engines used in highway Hobby engines means engines used in
* * * * * motorcycles. See 40 CFR part 86, reduced-scale models of vehicles that
subpart E. are not capable of transporting a person
Subpart B—[Amended]
(3) Propulsion marine engines. See 40 (for example, model airplanes).
3. Section 89.106 is amended by CFR part 91. This part applies with Marine engine means an engine that
revising paragraph (b) read as follows: respect to auxiliary marine engines. someone installs or intends to install on
(4) Engines used in aircraft. See 40 a marine vessel. There are two kinds of
§ 89.106 Prohibited controls. CFR part 87. marine engines:
* * * * * (5) Engines certified to meet the (1) Propulsion marine engine means a
(b) You may not design your engines requirements of 40 CFR part 1048. marine engine that moves a vessel
with emission-control devices, systems, (6) Hobby engines. through the water or directs the vessel’s
or elements of design that cause or (7) Engines that are used exclusively movement.
contribute to an unreasonable risk to in emergency and rescue equipment (2) Auxiliary marine engine means a
public health, welfare, or safety while where no certified engines are available marine engine not used for propulsion.
Marine vessel means a vehicle that is § 90.110 Requirement of certification— U.S. Virgin Islands, and the Trust
capable of operation in water but is not prohibited controls. Territory of the Pacific Islands.
capable of operation out of water. * * * * * * * * * *
Amphibious vehicles are not marine (b) You may not design your engines
vessels. with emission-control devices, systems, Subpart B—[Amended]
* * * * * or elements of design that cause or
Recreational means, for purposes of contribute to an unreasonable risk to 13. Section 91.110 is amended by
this part, relating to a vehicle intended public health, welfare, or safety while
revising paragraph (b) to read as follows:
by the vehicle manufacturer to be operating. For example, this would
operated primarily for pleasure. apply if the engine emits a noxious or § 91.110 Requirement of certification—
* * * * * toxic substance it would otherwise not prohibited controls.
United States means the States, the emit that contributes to such an * * * * *
District of Columbia, the unreasonable risk.
(b) You may not design your engines
Commonwealth of Puerto Rico, the
PART 91—CONTROL OF EMISSIONS with emission-control devices, systems,
Commonwealth of the Northern Mariana
FROM MARINE SPARK–IGNITION or elements of design that cause or
Islands, Guam, American Samoa, the
U.S. Virgin Islands, and the Trust ENGINES contribute to an unreasonable risk to
Territory of the Pacific Islands. public health, welfare, or safety while
11. The authority for part 91 operating. For example, this would
* * * * * continues to read as follows: apply if the engine emits a noxious or
Subpart B—[Amended] Authority: 42 U.S.C. 7521, 7522, 7523, toxic substance it would otherwise not
7524, 7525, 7541, 7542, 7543, 7547, 7549, emit that contributes to such an
9. Section 90.103 is amended by 7550, and 7601(a). unreasonable risk.
redesignating paragraph (a)(2)(v) as Subpart A—[Amended]
paragraph (a)(2)(vi) and adding a new Subpart E—[Amended]
paragraph (a)(2)(v) to read as follows: 12. Section 91.3 is amended by
adding the definition for ‘‘United 14. Section 91.419 is amended in
§ 90.103 Exhaust emission standards.
States’’ in alphabetical order to read as paragraph (b) by revising the equations
(a)* * * for MHCexh and Mexh to read as follows:
follows:
(2)* * *
(v) The engine must be used in a § 91.3 Definitions. § 91.419 Raw emission sampling
recreational application, with a * * * * * calculations.
combined total vehicle dry weight United States means the States, the * * * * *
under 20 kilograms; District of Columbia, the (b) * * *
* * * * * Commonwealth of Puerto Rico, the
10. Section 90.110 is amended by Commonwealth of the Northern Mariana MHCexh = 12.01 + 1.008 × a
revising paragraph (b) to read as follows: Islands, Guam, American Samoa, the * * * * *
M HCexh × WHC 28.01 × WCO 44.1 × WCO 2

M exh = + +
10 6 10 2 10 2
46.01 × WNO x 2.016 × WH 2
+ + + 18.01 × (1 − K)
10 6 10 2
 WHC WNO x 
100 − 10 4 − WCO − WCO 2 − 10 4 − WH 2 − 100 × (1 − K )
+ 28.01 ×
10 2
* * * * * TABLE 1.—SAMPLING PLAN CODE Subpart I—[Amended]

LETTER—Continued
Subpart G—[Amended] 16. Section 91.803 is amended by
Annual engine family sales Code letter revising paragraph (a) to read as follows:
15. Appendix A to Subpart G of part
91 is amended by revising Table 1 to 20–99 ..................................... A1 § 91.803 Manufacturer in-use testing
read as follows: 100–299 ................................. B program.
300–499 ................................. C
Appendix A to Subpart G of Part 91— 500 or greater ........................ D
(a) EPA shall annually identify engine
Sampling Plans for Selective families and those configurations within
Enforcement Auditing of Marine 1 A manufacturer may optionally use either
families which the manufacturers must
Engines the sampling plan for code letter ‘‘AA’’ or sam- then subject to in-use testing. For each
pling plan for code letter ‘‘A’’ for Selective En-
forcement Audits of engine families with an- model year, EPA may identify the
TABLE 1.—SAMPLING PLAN CODE nual sales between 20 and 50 engines. Addi- following number of engine families for
LETTER tional, the manufacturers may switch between testing, based on the number of the
these plans during the audit.
manufacturer’s engine families to which
Annual engine family sales Code letter * * * * * this subpart is applicable produced in
that model year:
ER08NO02.001</MATH>
20–50 ..................................... AA 1
(1) For manufactures with three or § 94.2 Definitions. parent company, these limits apply to
fewer engine families, EPA may identify * * * * * the combined production and number of
a single engine family. (b) As used in this part, all terms not employees of the parent company and
(2) For manufacturers with four or defined in this section shall have the all its subsidiaries.
more engine families, EPA may identify meaning given them in the Act: Small-volume manufacturer means a
a number of engine families that is no * * * * * manufacturer with annual U.S.-directed
greater than twenty-five percent of the Commercial means relating to an production of fewer than 1,000 internal
number of engine families to which this engine or vessel that is not a combustion engines (marine and
subpart is applicable that are produced recreational marine engine or a nonmarine). For manufacturers owned
by the manufacturer in that model year. recreational vessel. by a parent company, the limit applies
* * * * * to the production of the parent company
* * * * *
and all its subsidiaries.
PART 94—CONTROL OF EMISSIONS Compression-ignition means relating
Spark-ignition means relating to a
FROM MARINE COMPRESSION- to an engine that is not a spark-ignition
gasoline-fueled engine or other engines
IGNITION ENGINES engine.
with a spark plug (or other sparking
* * * * * device) and with operating
17. The heading to part 94 is revised Designated Officer means the characteristics significantly similar to
to read as set forth above. Manager, Engine Programs Group the theoretical Otto combustion cycle.
18. The authority citation for part 94 (6403–J), U.S. Environmental Protection
continues to read as follows: Spark-ignition engines usually use a
Agency, 1200 Pennsylvania Ave., throttle to regulate intake air flow to
Authority: 42 U.S.C. 7522, 7523, 7524, Washington, DC 20460. control power during normal operation.
7525, 7541, 7542, 7543, 7545, 7547, 7549, * * * * *
7550 and 7601(a). * * * * *
Passenger has the meaning given by United States means the States, the
Subpart A—[Amended] 46 U.S.C. 2101 (21) and (21a). In the District of Columbia, the
context of commercial vessels, this Commonwealth of Puerto Rico, the
19. Section 94.1 is revised to read as generally means that a passenger is a Commonwealth of the Northern Mariana
follows: person that pays to be on the vessel. Islands, Guam, American Samoa, the
* * * * * U.S. Virgin Islands, and the Trust
§ 94.1 Applicability.
Recreational marine engine means a Territory of the Pacific Islands.
(a) Except as noted in paragraphs (b) Category 1 propulsion marine engine
and (c) of this section, the provisions of * * * * *
that is intended by the manufacturer to
this part apply to manufacturers 21. Section 94.7 is amended by
be installed on a recreational vessel, and
(including post-manufacture marinizers revising paragraphs (c), (d), and (e) to
which is permanently labeled as
and dressers), rebuilders, owners and read as follows:
follows: ‘‘THIS ENGINE IS
operators of: CATEGORIZED AS A RECREATIONAL § 94.7 General standards and
(1) Marine engines that are
MARINE ENGINE UNDER 40 CFR PART requirements.
compression-ignition engines
94. INSTALLATION OF THIS ENGINE * * * * *
manufactured (or that otherwise become
IN ANY NONRECREATIONAL VESSEL (c) You may not design your engines
new) on or after January 1, 2004;
(2) Marine vessels manufactured (or IS A VIOLATION OF FEDERAL LAW with emission-control devices, systems,
that otherwise become new) on or after SUBJECT TO CIVIL PENALTY.’’. or elements of design that cause or
Recreational vessel has the meaning contribute to an unreasonable risk to
January 1, 2004 and which include a
given in 46 U.S.C. 2101 (25), but public health, welfare, or safety while
compression-ignition marine engine.
(b) Notwithstanding the provision of excludes ‘‘passenger vessels’’ and operating. For example, this would
paragraph (c) of this section, the ‘‘small passenger vessels’’ as defined by apply if the engine emits a noxious or
requirements and prohibitions of this 46 U.S.C. 2101 (22) and (35) and toxic substance it would otherwise not
part do not apply to three types of excludes vessels used solely for emit that contributes to such an
marine engines: competition. In general, for this part, unreasonable risk.
(1) Category 3 marine engines; ‘‘recreational vessel’’ means a vessel (d) All engines subject to the emission
(2) Marine engines with rated power that is intended by the vessel standards of this part shall be equipped
below 37 kW; or manufacturer to be operated primarily with a connection in the engine exhaust
(3) Marine engines on foreign vessels. for pleasure or leased, rented or system that is located downstream of
(c) The provisions of Subpart L of this chartered to another for the latter’s the engine and before any point at
part apply to everyone with respect to pleasure, excluding the following which the exhaust contacts water (or
the engines identified in paragraph (a) vessels: any other cooling/scrubbing medium)
of this section. (1) Vessels of less than 100 gross tons for the temporary attachment of gaseous
20. Section 94.2 is amended by that carry more than 6 passengers (as and/or particulate emission sampling
revising paragraph (b) introductory text, defined in this section). equipment. This connection shall be
removing the definition for (2) Vessels of 100 gross tons or more internally threaded with standard pipe
‘‘Commercial marine engine’’, revising that carry one or more passengers (as threads of a size not larger than one-half
definitions for ‘‘Compression-ignition’’, defined in this section). inch, and shall be closed by a pipe-plug
‘‘Designated officer’’, ‘‘Passenger’’, (3) Vessels used solely for when not in use. Equivalent
‘‘Recreational marine engine’’, competition. connections are allowed. Engine
‘‘Recreational vessel’’, and ‘‘United * * * * * manufacturers may comply with this
States’’, and adding new definitions for Small-volume boat builder means a requirement by providing vessel
‘‘Commercial’’, ‘‘Small-volume boat boat manufacturer with fewer than 500 manufacturers with clear instructions
builder’’, ‘‘Small-volume employees and with annual U.S.- explaining how to meet this
manufacturer’’, and ‘‘Spark-ignition’’ in directed production of fewer than 100 requirement, and noting in the
alphabetical order to read as follows: boats. For manufacturers owned by a instructions that failure to comply may
invalidate a certificate and subject the (as percent of maximum torque at that § 94.8 Exhaust emission standards.
vessel manufacturer to federal penalties. speed) and engine speed. (a) Exhaust emissions from marine
(e) Electronically controlled engines 22. Section 94.8 is amended by compression-ignition engines shall not
subject to the emission standards of this revising paragraphs (a), (e), (f) exceed the applicable exhaust emission
part shall broadcast on engine’s introductory text, and (f)(1) to read as standards contained in Table A–1 as
controller area networks engine torque follows: follows:
TABLE A–1.—PRIMARY TIER 2 EXHAUST EMISSION STANDARDS (G/KW-HR)

Engine size Model THC+NOX CO PM g/kW-
Category
liters/cylinder, rated power yeara g/kW-hr g/kW-hr hr
Disp. < 0.9 and .......................................................................... Category 1, Commercial ......... 2005 7.5 5.0 0.40
power ≥ 37 kW ..........................................................................
Category 1, Recreational ........ 2007 7.5 5.0 0.40
0.9 ≤ disp. < 1.2 ........................................................................ Category 1, Commercial ......... 2004 7.2 5.0 0.30
All power levels .........................................................................
All power levels .........................................................................
All power levels .........................................................................
5.0 ≤ disp. < 15.0 ...................................................................... Category 2 .............................. 2007 7.8 5.0 0.27
All power levels .........................................................................
15.0 ≤ disp. < 20.0 .................................................................... Category 2 .............................. 2007 8.7 5.0 0.50
Power < 3300 kW ......................................................................
15.0 ≤ disp. < 20.0 .................................................................... Category 2 .............................. 2007 9.8 5.0 0.50
Power < 3300 kW ......................................................................
20.0 ≤ disp. < 25.0 .................................................................... Category 2 .............................. 2009 9.8 5.0 0.50
All power levels .........................................................................
25.0 ≤ disp. < 30.0 .................................................................... Category 2 .............................. 2007 11.0 5.0 0.50
All power levels .........................................................................
a The dates listed indicate the model years for which the specified standards start.
* * * * * power range in accordance with the (ii) As an option, the manufacturer

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

23. Section 94.9 is amended by December 9, 2002. information.
revising paragraphs (a) introductory text * * * * * (iv) The statement ‘‘THIS ENGINE IS
and (a)(1) to read as follows: (e) Compliance date of NTE EXEMPT UNDER 40 CFR 94.12(f) FROM
requirements (1) Notwithstanding the EMISSION STANDARDS AND
§ 94.9 Compliance with emission other provisions of this part, the RELATED REQUIREMENTS.’’.
standards. requirements of § 94.8(e) for commercial (g) Flexibility for engines over 560kW.
(a) The general standards and marine engines start with 2010 model Notwithstanding the other provisions of
requirements in § 94.7 and the emission year engines for postmanufacture this part, manufacturers may choose to
standards in § 94.8 apply to each new marinizers and 2007 model year engines delay certification of marine engines
engine throughout its useful life period. for all other engine manufacturers. with less than 2.5 liters per cylinder and
The useful life is specified both in years rated power above 560 kW, that are
(2) Notwithstanding the other
and in hours of operation, and ends derived from a land-based nonroad
provisions of this part, the requirements
when either of the values (hours of engine with a rated power greater than
of § 94.8(e) for recreational marine
operation or years) is exceeded. 560 kW, if they do all of the following:
engines start with 2012 model year (1) Certify all of their applicable
(1) The minimum useful life is: engines for post-manufacture marinizers marine engines with less than 2.5 liters
(i) 10 years or 1,000 hours of and 2009 model year engines for all per cylinder and rated power above 560
operation for recreational Category 1 other engine manufacturers. kW to a NOX standard of 6.4 g/kW-hr for
engines; (f) Flexibility for small-volume boat model years 2008 through 2012.
(i) 10 years or 10,000 hours of builders. Notwithstanding the other (2) Notify EPA in writing before 2004
operation for commercial Category 1 provisions of this part, manufacturers of their intent to use this provision. This
engines; may sell uncertified recreational engines notification must include a signed
(iii) 10 years or 20,000 hours of to small-volume boat builders during statement certifying that the
operation for Category 2 engines. the first five years for which the manufacturer will comply with all the
emission standards in § 94.8 apply, provisions of this paragraph (g).
* * * * *
subject to the following provisions: (3) Add a permanent, legible label,
24. Section 94.12 is amended by (1) The U.S.-directed production written in block letters in English, to a
revising the introductory text and volume of boats from any small-volume readily visible part of each engine
paragraphs (a), (b)(1), and (e) and adding boat builder using uncertified engines exempted under this paragraph (f). This
new paragraphs (f) and (g) to read as during the total five-year period may not label must include at least the following
follows: exceed 80 percent of the manufacturer’s items:
§ 94.12 Interim provisions. average annual production for the three (i) The label heading ‘‘EMISSION
years prior to the general applicability CONTROL INFORMATION’’.
This section contains provisions that of the recreational engine standards in (ii) Your corporate name and
apply for a limited number of calendar § 94.8, except as allowed in paragraph trademark.
years or model years. These provisions (f)(2) of this section. (iii) Engine displacement (in liters),
apply instead of the other provisions of (2) Small-volume boat builders may rated power, and model year of the
this part. exceed the production limits in engine or whom to contact for further
(a) Compliance date of standards. paragraph (f)(1) of this section, provided information.
Certain companies may delay they do not exceed 20 boats during the (iv) The statement ‘‘THIS ENGINE IS
compliance with emission standards. five-year period or 10 boats in any EXEMPT UNDER 40 CFR 94.12(g)
Companies wishing to take advantage of single calendar year. This does not FROM EMISSION STANDARDS AND
this provision must inform the apply to boats powered by engines with RELATED REQUIREMENTS.’’.
Designated Officer of their intent to do displacement greater than 2.5 liters per
so in writing before the date that cylinder. Subpart B—[Amended]
compliance with the standards would (3) Small-volume boat builders must
otherwise be mandatory. 25. Section 94.104 is amended by
keep records of all the boats and engines redesignating paragraph (c) as paragraph
(1) Post-manufacture marinizers may produced under this paragraph (f),
elect to delay the model year of the Tier (d) and adding a new paragraph (c) to
including boat and engine model read as follows:
2 standards for commercial engines as numbers, serial numbers, and dates of
specified in § 94.8 by one year for each manufacture. Records must also include § 94.104 Test procedures for Category 2
engine family. information verifying compliance with marine engines.
(2) Small-volume manufacturers may the limits in paragraph (f)(1) or (f)(2) of * * * * *
elect to delay the model year of the Tier this section. Keep these records until at (c) Conduct testing at ambient
2 standards for recreational engines as least two full years after you no longer temperatures from 13° C to 30° C.
specified in § 94.8 by five years for each use the provisions in this paragraph (f). * * * * *
engine family. (4) Manufacturers must add a 26. Section 94.105 is amended by
(b) Early banking of emission credits. permanent, legible label, written in revising paragraph (b) text preceding
(1) A manufacturer may optionally block letters in English, to a readily Table B–1, revising ‘‘#’’ to read ‘‘±’’ in
certify engines manufactured before the visible part of each engine exempted footnotes 1 and 2 in the tables in
date the Tier 2 standards take effect to under this paragraph (f). This label must paragraphs (b), (c)(1), (c)(2), and (d)(1),
earn emission credits under the include at least the following items: and adding a new paragraph (e) to read
averaging, banking, and trading (i) The label heading ‘‘EMISSION as follows:
program. Such optionally certified CONTROL INFORMATION’’.
engines are subject to all provisions (ii) Your corporate name and § 94.105 Duty cycles.
relating to mandatory certification and trademark. * * * * *
enforcement described in this part. (iii) Engine displacement (in liters), (b) General cycle. Propulsion engines
Manufacturers may begin earning rated power, and model year of the that are used with (or intended to be
used with) fixed-pitch propellers, and shall be tested using the duty cycle emission standards of § 94.8,
any other engines for which the other described in the following Table B–1: recreational engines shall be tested
duty cycles of this section do not apply, * * * * * using the duty cycle described in Table
(e) Recreational. For the purpose of B–5, which follows:
determining compliance with the
TABLE B–5.—RECREATIONAL MARINE DUTY CYCLE
Engine
speed(1) Percent of Minimum time Weighting fac-
Mode No. (percent of maximum test in mode tors
maximum test power(2) (minutes)
speed)
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 (2) For Category 2 engines certified (i) The Not to Exceed zone is the
revising paragraphs (b) introductory using the duty cycle specified in region between the curves power = 1.15
text, (b)(1) introductory text, (b)(2) § 94.105(b), the Not to Exceed zones are × SPD2 and power = 0.85 × SPD4,
introductory text, (b)(3) introductory defined as follows: excluding all operation below 25% of
text, and (b)(4) and adding a new * * * * * maximum power at rated speed and
paragraph (b)(5) to read as follows: (3) For engines certified using the excluding all operation below 63% of
§ 94.106 Supplemental test procedures.
duty cycle specified in § 94.105(c)(2), maximum test speed.
the Not to Exceed zones are defined as (ii) This zone is divided into three
* * * * * follows: subzones, one below 45% of maximum
(b) The specified Not to Exceed Zones * * * * * power at maximum test speed; one
for marine engines are defined as (4) For engines certified using the
follows. These Not to Exceed Zones above 95% of maximum test speed; and
duty cycle specified in § 94.105(c)(1), a third area including all of the
apply, unless a modified zone is the Not to Exceed zone is defined as any
established under paragraph (c) of this remaining area of the NTE zone.
load greater than or equal to 25 percent
section. of maximum power at rated speed, and (iii) SPD in paragraph (b)(5)(i) of this
(1) For commercial Category 1 engines any speed at which the engine operates section refers to percent of maximum
certified using the duty cycle specified in use. test speed.
in § 94.105(b), the Not to Exceed zones (5) For recreational marine engines (iv) See Figure B–4 for an illustration
are defined as follows: certified using the duty cycle specified of this Not to Exceed zone as follows:
* * * * * in § 94.105(e), the Not to Exceed zones BILLING CODE 6560–50–P
are defined as follows:
BILLING CODE 6560–50–C § 94.108 Test fuels.

28. Section 94.108 is amended in
paragraph (a)(1) by revising footnote 1 (a) * * * (1) * * *
in Table B–5 to read as follows:
TABLE B–5.—FEDERAL TEST FUEL SPECIFICATIONS
* * * * * * *
1 All ASTM procedures in this table have been incorporated by reference. See § 94.5.
ER08NO02.003</GPH>
* * * * * * *
* * * * * This does not change any of the provisions of 40 CFR 1068.250 to ask for
requirements of this part for showing an extension of a deadline to meet
Subpart C—[Amended] that an engine family meets emission emission standards. We may require
standards. To be eligible to use the that you use available base engines that
29. Section 94.203 is amended by
provisions of this paragraph (a), the have been certified to emission
revising paragraphs (d)(14) and (d)(16)
manufacturer must demonstrate one of standards for land-based engines until
to read as follows:
the following: you are able to produce engines certified
§ 94.203 Application for certification. (1) It is a post-manufacture marinizer to the requirements of this part.
* * * * * and that the base engines used for 32. Section 94.212 is amended by
(d) * * * modification have a valid certificate of revising paragraph (b)(10) to read as
(14) A statement that all the engines conformity issued under 40 CFR part 89 follows:
included in the engine family comply or 40 CFR part 92 or the heavy-duty
with the Not To Exceed standards engine provisions of 40 CFR part 86. § 94.212 Labeling.
specified in § 94.8(e) when operated (2) It is a small-volume manufacturer. * * * * *
under all conditions which may (b) Hardship relief. Post-manufacture (b) Engine labels. * * *
reasonably be expected to be marinizers, small-volume (10) The application for which the
encountered in normal operation and manufacturers, and small-volume boat engine family is certified. (For example:
use; the manufacturer also must provide builders may take any of the otherwise constant-speed auxiliary, variable-speed
a detailed description of all testing, prohibited actions identified in propulsion engines used with fixed-
engineering analyses, and other § 94.1103(a)(1) if approved in advance pitch propellers, recreational, etc.)
information which provides the basis by the Administrator, subject to the
* * * * *
for this statement. following requirements:
(1) Application for relief must be 33. Section 94.218 is amended by
* * * * * submitted to the Designated Officer in adding a new paragraph (d)(2)(iv) to
(16) A statement indicating duty-cycle writing prior to the earliest date in read as follows:
and application of the engine (e.g., used which the applying manufacturer would
to propel planing vessels, use to propel § 94.218 Deterioration factor
be in violation of § 94.1103. The determination.
vessels with variable-pitch propellers, manufacturer must submit evidence
constant-speed auxiliary, recreational, * * * * *
showing that the requirements for (d) * * *
etc.). approval have been met.
* * * * * (2) * * *
(2) The conditions causing the (iv) Assigned deterioration factors.
30. Section 94.204 is amended by impending violation must not be Small-volume manufacturers may use
removing ‘‘and’’ at the end of paragraph substantially the fault of the applying deterioration factors established by EPA.
(b)(9), adding ‘‘; and’’ at the end of manufacturer.
paragraph (b)(10), adding a new (3) The conditions causing the Subpart D—[Amended]
paragraph (b)(11), and revising impending violation must jeopardize
paragraph (e) to read as follows: the solvency of the applying 34. Section 94.304 is amended by
manufacturer if relief is not granted. revising paragraph (k) to read as follows:
§ 94.204 Designation of engine families. (4) The applying manufacturer must
* * * * * demonstrate that no other allowances § 94.304 Compliance requirements.
(b) * * * under this part will be available to avoid * * * * *
(11) Class (commercial or the impending violation. (k) The following provisions limit
recreational). (5) Any relief may not exceed one credit exchanges between different
* * * * * year beyond the date relief is granted. types of engines:
(e) Upon request by the manufacturer, (6) The Administrator may impose (1) Credits generated by Category 1
the Administrator may allow engines other conditions on the granting of relief engine families may be used for
that would be required to be grouped including provisions to recover the lost compliance by Category 1 or Category 2
into separate engine families based on environmental benefit. engine families. Credits generated from
the criteria in paragraph (b) or (c) of this (7) The manufacturer must add a Category 1 engine families for use by
section to be grouped into a single permanent, legible label, written in Category 2 engine families must be
engine family if the manufacturer block letters in English, to a readily discounted by 25 percent.
demonstrates that the engines will have visible part of each engine exempted (2) Credits generated by Category 2
similar emission characteristics; under this paragraph (b). engine families may be used for
however, recreational and commercial This label must include at least the compliance only by Category 2 engine
engines may not be grouped in the same following items: families.
engine family. This request must be (i) The label heading ‘‘EMISSION (3) Credits may not be exchanged
accompanied by emission information CONTROL INFORMATION’’. between recreational and commercial
supporting the appropriateness of such (ii) Your corporate name and engines.
combined engine families. trademark.
(iii) Engine displacement (in liters), * * * * *
31. Section 94.209 is revised to read
as follows: rated power, and model year of the Subpart F—[Amended]
engine or whom to contact for further
§ 94.209 Special provisions for post- information. 35. Section 94.501 is amended by
manufacture marinizers and small-volume (iv) The statement ‘‘THIS ENGINE IS revising paragraph (a) to read as follows:
manufacturers. EXEMPT UNDER 40 CFR 94.209(b)
(a) Broader engine families. Instead of FROM EMISSION STANDARDS AND § 94.501 Applicability.
the requirements of § 94.204, an engine RELATED REQUIREMENTS.’’. (a) The requirements of this subpart
family may consist of any engines (c) Extension of deadlines. Small- are applicable to manufacturers of
subject to the same emission standards. volume manufacturers may use the engines subject to the provisions of
Subpart A of this part, excluding small- are outside the original engine SUBCHAPTER U—AIR POLLUTION
volume manufacturers. manufacturer’s specified ranges. CONTROLS
* * * * * (4) You must make sure that fewer PART 1048—CONTROL OF EMISSIONS
36. Section 94.503 is amended by than 50 percent of the engine model’s FROM NEW, LARGE NONROAD
adding a new paragraph (d) to read as total sales, from all companies, are used SPARK-IGNITION ENGINES
follows: in marine applications.
Subpart A—Determining How to Follow This
§ 94.503 General requirements. * * * * * Part
* * * * * (g) If your engines do not meet the Sec.
(d) If you certify an engine family criteria listed in paragraphs (d)(2) 1048.1 Does this part apply to me?
with carryover emission data, as through (d)(4) of this section, they will 1048.5 Which engines are excluded or
described in § 94.206(c), and these be subject to the standards and exempted from this part’s requirements?
equivalent engine families consistently 1048.10 What main steps must I take to
prohibitions of this part. Marinization
comply with this part?
pass the production-line testing without a valid exemption or certificate 1048.15 Do any other regulation parts affect
requirements over the preceding two- of conformity would be a violation of me?
year period, you may ask for a reduced § 94.1103(a)(1) and/or the tampering 1048.20 What requirements from this part
testing rate for further production-line prohibitions of the applicable land- apply to my excluded engines?
testing for that family. The minimum based regulations (40 CFR part 86, 89, Subpart B—Emission Standards and
testing rate is one engine per engine or 92). Related Requirements
family. If we reduce your testing rate,
we may limit our approval to any * * * * * 1048.101 What exhaust emission standards
must my engines meet?
number of model years. In determining 1048.105 What evaporative emissions
Subpart L—[Amended]
whether to approve your request, we standards and requirements apply?
may consider the number of engines 1048.110 How must my engines diagnose
that have failed the emission tests. 38. Section 94.1103 is amended by malfunctions?
revising paragraph (a)(5) to read as 1048.115 What other requirements must my
Subpart J—[Amended] follows: engines meet?
1048.120 What warranty requirements
37. Section 94.907 is amended by § 94.1103 Prohibited acts. apply to me?
revising paragraphs (d) and (g) to read (a) * * * 1048.125 What maintenance instructions
as follows: must I give to buyers?
(5) For a manufacturer of marine 1048.130 What installation instructions
§ 94.907 Engine dressing exemption. vessels to distribute in commerce, sell, must I give to equipment manufacturers?
* * * * * offer for sale, or deliver for introduction 1048.135 How must I label and identify the
(d) New marine engines that meet all into commerce a new vessel containing engines I produce?
the following criteria are exempt under 1048.140 What are the provisions for
an engine not covered by a certificate of
certifying Blue Sky Series engines?
this section: conformity applicable for an engine 1048.145 What provisions apply only for a
(1) You must produce it by marinizing model year the same as or later than the limited time?
an engine covered by a valid certificate calendar year in which the manufacture
of conformity from one of the following Subpart C—Certifying Engine Families
of the new vessel is initiated. This
programs: prohibition covers improper installation 1048.201 What are the general requirements
(i) Heavy-duty highway engines (40 for submitting a certification
in a manner such that the installed application?
CFR part 86). engine would not be covered by the
(ii) Land-based nonroad diesel 1048.205 What must I include in my
engine manufacturer’s certificate. application?
engines (40 CFR part 89).
Improper installation would include, 1048.210 May I get preliminary approval
(iii) Locomotive engines (40 CFR part before I complete my application?
92). but is not limited to, failure to follow
the engine manufacturer’s instructions 1048.215 What happens after I complete my
(2) The engine must have the label application?
required under 40 CFR part 86, 89, or related to engine cooling, exhaust
1048.220 How do I amend the maintenance
92. aftertreatment, emission sampling ports, instructions in my application?
(3) You must not make any changes to or any other emission-related 1048.225 How do I amend my application
the certified engine that could component, parameter, or setting. In to include new or modified engines?
reasonably be expected to increase its general, you may use up your normal 1048.230 How do I select engine families?
emissions. For example, if you make inventory of engines not certified to new 1048.235 What emission testing must I
any of the following changes to one of emission standards if they were built perform for my application for a
certificate of conformity?
these engines, you do not qualify for the before the date of the new standards. 1048.240 How do I demonstrate that my
engine dressing exemption: However, we consider stockpiling of engine family complies with exhaust
(i) Changing any fuel system these engines to be a violation of emission standards?
parameters from the certified paragraph (a)(1)(i)(A) of this section. 1048.245 How do I demonstrate that my
configuration. (Note: For the purpose of this paragraph engine family complies with evaporative
(ii) Replacing an original (a)(5), the manufacture of a vessel is emission standards?
turbocharger, except that small-volume initiated when the keel is laid, or the 1048.250 What records must I keep and
manufacturers of recreational engines make available to EPA?
vessel is at a similar stage of 1048.255 When may EPA deny, revoke, or
may replace an original turbocharger construction.) void my certificate of conformity?
with one that matches the performance
of the original turbocharger. * * * * * Subpart D—Testing Production-line
(iii) Modify or design the marine 39. A new subchapter U is added to Engines
engine cooling or aftercooling system so chapter I, consisting of parts 1048, 1051, 1048.301 When must I test my production-
that temperatures or heat rejection rates 1065, and 1068, to read as follows: line engines?
1048.305 How must I prepare and test my 1048.815 How should I request EPA to keep does not affect other requirements that
production-line engines? my information confidential? may apply to them.
1048.310 How must I select engines for 1048.820 How do I request a hearing?
production-line testing? Appendix I to Part 1048—Large Spark- Note: See 40 CFR part 87 for engines used
1048.315 How do I know when my engine ignition (SI) Transient Cycle for in aircraft.)
family fails the production-line testing Constant-Speed Engines (d) As defined in § 1048.801,
requirements? Appendix II to Part 1048—Large Spark- stationary engines are not required to
1048.320 What happens if one of my ignition (SI) Composite Transient Cycle
production-line engines fails to meet
comply with this part (because they are
Authority: 42 U.S.C. 7401–7671(q). not nonroad engines), except that you
emission standards?
1048.325 What happens if an engine family must meet the requirements in
fails the production-line requirements? Subpart A—Determining How to Follow § 1048.20. In addition, the prohibitions
1048.330 May I sell engines from an engine This Part in 40 CFR 1068.101 restrict the use of
family with a suspended certificate of stationary engines for non-stationary
§ 1048.1 Does this part apply to me?
conformity? purposes.
1048.335 How do I ask EPA to reinstate my (a) This part applies to you if you
suspended certificate? manufacture or import new, spark- § 1048.10 What main steps must I take to
1048.340 When may EPA revoke my ignition, nonroad engines (defined in comply with this part?
certificate under this subpart and how § 1048.801) with maximum brake power (a) You must have a certificate of
may I sell these engines again? above 19 kW, unless we exclude them
1048.345 What production-line testing conformity from us for each engine
under § 1048.5. See § 1048.20 for the family before you do any of the
records must I send to EPA?
1048.350 What records must I keep? requirements that apply to excluded following with a new nonroad engine
engines. covered by this part: sell, offer for sale,
Subpart E—Testing In-use Engines (b) If you manufacture or import introduce into commerce, distribute or
1048.401 What testing requirements apply engines with maximum brake power at deliver for introduction into commerce,
to my engines that have gone into or below 19 kW that would otherwise be or import it into the United States.
service? covered by 40 CFR part 90, you may
1048.405 How does this program work? ‘‘New’’ engines may include some
1048.410 How must I select, prepare, and
choose to meet the requirements of this already placed in service (see the
test my in-use engines? part instead. In this case, all the definition of ‘‘new nonroad engine’’ and
1048.415 What happens if in-use engines provisions of this part apply for those ‘‘new nonroad equipment’’ in
do not meet requirements? engines. § 1048.801). You must get a new
1048.420 What in-use testing information (c) As noted in subpart G of this part, certificate of conformity for each new
must I report to EPA? 40 CFR part 1068 applies to everyone, model year.
1048.425 What records must I keep? including anyone who manufactures, (b) To get a certificate of conformity
Subpart F—Test Procedures installs, owns, operates, or rebuilds any and comply with its terms, you must do
1048.501 What procedures must I use to of the engines this part covers or six things:
test my engines? equipment containing these engines. (1) Meet the emission standards and
1048.505 What steady-state duty cycles (d) You need not follow this part for other requirements in subpart B of this
apply for laboratory testing? engines you produce before January 1, part.
1048.510 What transient duty cycles apply 2004, unless you certify voluntarily. See (2) Perform preproduction emission
for laboratory testing? §§ 1048.101 through 1048.115 and tests.
1048.515 Field-testing procedures. § 1048.145 and the definition of model (3) Apply for certification (see subpart
Subpart G—Compliance Provisions year in § 1048.801 for more information C of this part).
1048.601 What compliance provisions about the timing of new requirements. (4) Do routine emission testing on
apply to these engines? (e) See §§ 1048.801 and 1048.805 for production engines as required by
1048.605 What are the provisions for definitions and acronyms that apply to subpart D of this part.
exempting engines from the this part. The definition section (5) Do emission testing on in-use
requirements of this part if they are contains significant regulatory engines, as we direct under subpart E
already certified under the motor-vehicle provisions and it is very important that of this part.
program? you read them.
1048.610 What are the provisions for
(6) Follow our instructions
producing nonroad equipment with § 1048.5 Which engines are excluded or
throughout this part.
engines already certified under the exempted from this part’s requirements? (c) Subpart F of this part describes
motor-vehicle program? how to test your engines (including
(a) This part does not apply to the references to other parts).
exempting engines designed for lawn following nonroad engines: (d) Subpart G of this part and 40 CFR
and garden applications? (1) Engines certified to meet the part 1068 describe requirements and
1048.620 What are the provisions for requirements of 40 CFR part 1051 (for prohibitions that apply to engine
exempting large engines fueled by example, engines used in manufacturers, equipment
natural gas? snowmobiles and all-terrain vehicles).
1048.625 What special provisions apply to
manufacturers, owners, operators,
(2) Propulsion marine engines. See 40 rebuilders, and all others.
engines using noncommercial fuels? CFR part 91. This part applies with
Subpart H—[Reserved] respect to auxiliary marine engines. § 1048.15 Do any other regulation parts
(b) See subpart G of this part and 40 affect me?
Subpart I—Definitions and Other Reference
Information CFR part 1068, subpart C, for (a) Part 1065 of this chapter describes
exemptions of specific engines. procedures and equipment
1048.801 What definitions apply to this
part?
(c) Send the Designated Officer a specifications for testing engines.
1048.805 What symbols, acronyms, and written request if you want us to Subpart F of this part describes how to
abbreviations does this part use? determine whether this part covers or apply the provisions of part 1065 of this
1048.810 What materials does this part excludes certain engines. Excluding chapter to show you meet the emission
reference? engines from this part’s requirements standards in this part.
(b) Part 1068 of this chapter describes (1) Include the heading ‘‘Emission paragraph (a) do not apply for transient
general provisions, including these Control Information’’. testing of high-load engines.
seven areas: (2) Include your full corporate name (2) You may optionally certify your
(1) Prohibited acts and penalties for and trademark. engines according to the following
engine manufacturers, equipment (3) State the engine displacement (in formula instead of the standards in
manufacturers, and others. liters) and maximum brake power. paragraph (a)(1) of this section:
(2) Rebuilding and other aftermarket (4) State: ‘‘THIS ENGINE IS (HC+NOX) × CO 0.784 ≤ 8.57. The
changes. EXCLUDED FROM THE HC+NOX and CO emission levels you
(3) Exclusions and exemption for select to satisfy this formula, rounded to
REQUIREMENTS OF 40 CFR PART
certain engines. the nearest 0.1 g/kW-hr, become the
1048 AS A ‘‘STATIONARY ENGINE.’’
(4) Importing engines. emission standards that apply for those
(5) Selective enforcement audits of INSTALLING OR USING THIS ENGINE
IN ANY OTHER APPLICATION MAY engines. You may not select an HC+NOX
your production. emission standard higher than 2.7 g/kW-
(6) Defect reporting and recall. BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.’’. hr or a CO emission standard higher
(7) Procedures for hearings. than 20.6 g/kW-hr. The following table
(c) Other parts of this chapter affect illustrates a range of possible values
Subpart B—Emission Standards and
you if referenced in this part. under this paragraph (a)(2):
Related Requirements
§ 1048.20 What requirements from this
§ 1048.101 What exhaust emission TABLE 1 OF § 1048.101.—EXAMPLES
part apply to my excluded engines?
standards must my engines meet?
(a) Engine manufacturers producing OF POSSIBLE TIER 2 DUTY-CYCLE
an engine excluded under § 1048.5(d) Apply the exhaust emission standards EMISSION STANDARDS
must add a permanent label or tag in this section by model year. You may
identifying each engine. This applies choose to certify engines earlier than we HC+NOX CO
equally to importers. To meet labeling require. The Tier 1 standards apply only (g/kW-hr) (g/kW-hr)
requirements, you must do the to steady-state testing, as described in
paragraph (b) of this section. The Tier 2 2.7 ............................................. 4.4
following things: 2.2 ............................................. 5.6
(1) Attach the label or tag in one piece standards apply to steady-state,
1.7 ............................................. 7.9
so no one can remove it without transient, and field testing, as described 1.3 ............................................. 11.1
destroying or defacing it. in paragraphs (a), (b), and (c) of this 1.0 ............................................. 15.5
(2) Make sure it is durable and section. 0.8 ............................................. 20.6
readable for the engine’s entire life. (a) Standards for transient testing.
(3) Secure it to a part of the engine Starting in the 2007 model year, Tier 2 (b) Standards for steady-state testing.
needed for normal operation and not exhaust emission standards apply for Except as we allow in paragraph (d) of
normally requiring replacement. transient measurement of emissions this section, the following exhaust
(4) Write it in block letters in English. with the duty-cycle test procedures in emission standards apply for steady-
(5) Instruct equipment manufacturers subpart F of this part: state measurement of emissions with the
that they must place a duplicate label as (1) The Tier 2 HC+NOX standard is duty-cycle test procedures in subpart F
described in 40 CFR 1068.105 if they 2.7 g/kW-hr and the Tier 2 CO standard of this part:
obscure the engine’s label. is 4.4 g/kW-hr. For severe-duty engines, (1) The following table shows the Tier
(b) Engine labels or tags required the Tier 2 HC+NOX standard is 2.7 g/ 1 exhaust emission standards that apply
under this section must have the kW-hr and the Tier 2 CO standard is to engines from 2004 through 2006
following information: 130.0 g/kW-hr. The standards in this model years:
TABLE 2 OF § 1048.101.—TIER 1 EMISSION STANDARDS (G/KW-HR)

General emission Alternate emission
standards standards for severe-duty
Testing 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, hr. For severe-duty engines, the instead of the standards in paragraph
engines must meet the Tier 2 exhaust HC+NOX standard is 3.8 g/kW-hr and (c)(1) of this section: (HC+NOX) ×
emission standards in paragraph (a) of the CO standard is 200.0 g/kW-hr. For CO0.791 ≤ 16.78. HC+NOX emission
this section for both steady-state and natural gas-fueled engines, you are not levels may not exceed 3.8 g/kW-hr and
transient testing. See paragraph (d) of required to measure nonmethane CO emission levels may not exceed 31.0
this section for alternate standards that hydrocarbon emissions or total g/kW-hr. The following table illustrates
apply for certain engines. hydrocarbon emissions for testing to a range of possible values under this
(c) Standards for field testing. Starting show that the engine meets the emission paragraph (c)(2):
in 2007, the following Tier 2 exhaust standards of this paragraph (c); that is,
emission standards apply for emission you may assume HC emissions are equal
measurements with the field-testing to zero.
procedures in subpart F of this part: (2) You may apply the following
(1) The HC+NOX standard is 3.8 g/ formula to determine alternate emission
kW-hr and the CO standard is 6.5 g/kW- standards that apply to your engines
TABLE 3 OF § 1048.101.—EXAMPLES (g) Useful life. Your engines must § 1048.110 How must my engines
diagnose malfunctions?
OF POSSIBLE TIER 2 FIELD-TESTING meet the exhaust emission standards in
EMISSION STANDARDS paragraphs (a) through (c) of this section (a) Equip your engines with a
over their full useful life (§ 1048.240 diagnostic system. Starting in the 2007
HC+NOX CO describes how to use deterioration model year, equip each engine with a
(g/kW-hr) (g/kW-hr) factors to show this). The minimum diagnostic system that will detect
useful life is 5,000 hours of operation or significant malfunctions in its emission-
3.8 ............................................. 6.5 seven years, whichever comes first. control system using one of the
3.1 ............................................. 8.5 following protocols:
(1) Specify a longer useful life in
2.4 ............................................. 11.7 (1) If your emission-control strategy
1.8 ............................................. 16.8 hours for an engine family under either
of two conditions: depends on maintaining air-fuel ratios
1.4 ............................................. 23.1
(i) If you design, advertise, or market at stoichiometry, an acceptable
1.1 ............................................. 31.0
your engine to operate longer than the diagnostic design would identify
(d) Engine protection. For engines that minimum useful life (your malfunction whenever the air-fuel ratio
require enrichment at high loads to recommended hours until rebuild may does not cross stoichiometry for one
protect the engine, you may ask to meet indicate a longer design life). minute of intended closed-loop
alternate Tier 2 standards of 2.7 g/kW- (ii) If your basic mechanical warranty operation. You may use other diagnostic
hr for HC+NOX and 31.0 g/kW-hr for CO is longer than the minimum useful life. strategies if we approve them in
instead of the emission standards (2) You may request a shorter useful advance.
(2) If the protocol described in
described in paragraph (b)(2) of this life for an engine family if you have
paragraph (a)(1) of this section does not
section for steady-state testing. If we documentation from in-use engines
apply to your engine, you must use an
approve your request, you must still showing that these engines will rarely
alternative approach that we approve in
meet the transient testing standards in operate longer than the alternate useful
advance. Your alternative approach
paragraph (a) of this section and the life. The useful life value may not be
must generally detect when the
field-testing standards in paragraph (c) shorter than any of the following:
emission-control system is not
of this section. To qualify for this (i) 1,000 hours of operation.
functioning properly.
allowance, you must do all the (ii) Your recommended overhaul (b) Use a malfunction-indicator light
following things: interval. (MIL). The MIL must be readily visible
(1) Show that enrichment is necessary (iii) Your mechanical warranty for the to the operator; it may be any color
to protect the engine from damage. engine. except red. When the MIL goes on, it
(2) Show that you limit enrichment to (h) Applicability for testing. The must display ‘‘Check Engine,’’ ‘‘Service
operating modes that require additional standards in this subpart apply to all Engine Soon,’’ or a similar message that
cooling to protect the engine from testing, including production-line and we approve. You may use sound in
damage. in-use testing, as described in subparts addition to the light signal. The MIL
(3) Show in your application for D and E of this part. must go on under each of these
certification that enrichment will rarely circumstances:
occur in use in the equipment in which § 1048.105 What evaporative emissions
standards and requirements apply? (1) When a malfunction occurs, as
your engines are installed. For example, described in paragraph (a) of this
an engine that is expected to operate 5 (a) Starting in the 2007 model year,
section.
percent of the time in use with engines that run on a volatile liquid fuel (2) When the diagnostic system
enrichment would clearly not qualify. (such as gasoline), must meet the cannot send signals to meet the
(4) Include in your installation following evaporative emissions requirement of paragraph (b)(1) of this
instructions any steps necessary for standards and requirements: section.
someone installing your engines to (1) Evaporative hydrocarbon (3) When the engine’s ignition is in
prevent enrichment during normal emissions may not exceed 0.2 grams per the ‘‘key-on’’ position before starting or
operation (see § 1048.130). gallon of fuel tank capacity when cranking. The MIL should go out after
(e) Fuel types. Apply the exhaust measured with the test procedures for engine starting if the system detects no
emission standards in this section for evaporative emissions in subpart F of malfunction.
engines using each type of fuel specified this part. (c) Control when the MIL can go out.
in 40 CFR part 1065, subpart C, for (2) For nonmetallic fuel lines, you If the MIL goes on to show a
which they are designed to operate. You must specify and use products that meet malfunction, it must remain on during
must meet the numerical emission the Category 1 specifications in SAE all later engine operation until servicing
standards for hydrocarbons in this J2260 (incorporated by reference in corrects the malfunction. If the engine is
section based on the following types of § 1048.810). not serviced, but the malfunction does
hydrocarbon emissions for engines (3) Liquid fuel in the fuel tank may not recur for three consecutive engine
powered by the following fuels: not reach boiling during continuous starts during which the malfunctioning
(1) Gasoline- and LPG-fueled engines: engine operation in the final installation system is evaluated and found to be
THC emissions. at an ambient temperature of 30° C. Note working properly, the MIL may stay off
(2) Natural gas-fueled engines: NMHC that gasoline with a Reid vapor pressure during later engine operation.
emissions. of 62 kPa (9 psi) begins to boil at about (d) Store trouble codes in computer
(3) Alcohol-fueled engines: THCE 53° C. memory. Record and store in computer
emissions. (b) Note that § 1048.245 allows you to memory any diagnostic trouble codes
(f) Small engines. Certain engines use design-based certification instead of showing a malfunction that should
with total displacement at or below generating new emission data. illuminate the MIL. The stored codes
1000 cc may comply with the (c) If other companies install your must identify the malfunctioning system
requirements of 40 CFR part 90 instead engines in their equipment, give them or component as uniquely as possible.
of complying with the requirements of any appropriate instructions, as Make these codes available through the
this part, as described in § 1048.615. described in § 1048.130. data link connector as described in
paragraph (g) of this section. You may (c) EPA access to broadcast (3) The reduced effectiveness applies
store codes for conditions that do not information. If we request it, you must only to starting the engine.
turn on the MIL. The system must store provide us any hardware or tools we
a separate code to show when the would need to readily read, interpret, § 1048.120 What warranty requirements
apply to me?
diagnostic system is disabled (from and record all information broadcast by
malfunction or tampering). an engine’s on-board computers and (a) General requirements. You must
(e) Make data, access codes, and electronic control modules. If you warrant to the ultimate buyer that the
devices accessible. Make all required broadcast a surrogate parameter for new nonroad engine meets two
data accessible to us without any access torque values, you must provide us conditions:
what we need to convert these into (1) It is designed, built, and equipped
codes or devices that only you can
torque units. We will not ask for it to conform at the time of sale with the
supply. Ensure that anyone servicing
hardware or tools if they are readily requirements of this part.
your engine can read and understand
available commercially. (2) It is free from defects in materials
the diagnostic trouble codes stored in
(d) Emission sampling capability. and workmanship that may keep it from
the onboard computer with generic tools
Produce all your engines to allow meeting these requirements.
and information. (b) Warranty period. Your emission-
(f) Consider exceptions for certain sampling of exhaust emissions in the
field without damaging the engine or related warranty must be valid for at
conditions. Your diagnostic systems least 50 percent of the engine’s useful
may disregard trouble codes for the first equipment. Show in your application
for certification how this can be done in life in hours of operation or at least
three minutes after engine starting. You three years, whichever comes first. In
may ask us to approve diagnostic- a way that prevents diluting the exhaust
sample with ambient air. To do this, you the case of a high-cost warranted part,
system designs that disregard trouble the warranty must be valid for at least
codes under other conditions that might simply allow for extending the
exhaust pipe by 20 cm; you might also 70 percent of the engine’s useful life in
would produce an unreliable reading, hours of operation or at least five years,
damage systems or components, or install exhaust ports downstream of any
aftertreatment devices. whichever comes first. You may offer an
cause other safety risks. This might emission-related warranty more
(e) Adjustable parameters. Engines
include operation at altitudes over 8,000 generous than we require. This warranty
that have adjustable parameters must
feet. may not be shorter than any published
meet all the requirements of this part for
(g) Follow standard references for or negotiated warranty you offer for the
any adjustment in the physically
formats, codes, and connections. Follow engine or any of its components. If an
adjustable range.
conventions defined in the following (1) We do not consider an operating engine has no hour meter, we base the
documents (incorporated by reference in parameter adjustable if you permanently warranty periods in this paragraph (b)
§ 1048.810) or ask us to approve using seal it or if ordinary tools cannot readily only on the engine’s age (in years).
updated versions of (or variations from) access it. (c) Components covered. The
these documents: (2) We may require that you set emission-related warranty must cover
(1) ISO 9141–2 Road vehicles- adjustable parameters to any components whose failure would
Diagnostic systems—Part 2: CARB specification within the adjustable range increase an engine’s emissions,
requirements for interchange of digital during certification testing, production- including electronic controls, fuel
information, February 1994. line testing, selective enforcement injection (for liquid or gaseous fuels),
(2) ISO 14230–4 Road vehicles— auditing, or any in-use testing. exhaust-gas recirculation,
Diagnostic systems—Keyword Protocol (f) Prohibited controls. You may not aftertreatment, or any other system you
2000—Part 4: Requirements for design your engines with emission- develop to control emissions. We
emission-related systems, June 2000. control devices, systems, or elements of generally consider replacing or repairing
design that cause or contribute to an other components to be the owner’s
§ 1048.115 What other requirements must
my engines meet? unreasonable risk to public health, responsibility.
welfare, or safety while operating. For (d) Scheduled maintenance. You may
Your engines must meet the following example, this would apply if the engine schedule emission-related maintenance
requirements: emits a noxious or toxic substance it for a component named in paragraph (c)
(a) Closed crankcase. Your engines would otherwise not emit that of this section, subject to the restrictions
may not vent crankcase emissions into contributes to such an unreasonable of § 1048.125. You are not required to
the atmosphere throughout their useful risk. cover this scheduled maintenance under
life, with the following exception: your (g) Defeat devices. You may not equip your warranty if the component meets
engines may vent crankcase emissions if your engines with a defeat device. A either of the following criteria:
you measure and include these defeat device is an auxiliary emission- (1) The component was in general use
crankcase emissions with all measured control device that reduces the on similar engines, and was subject to
exhaust emissions. effectiveness of emission controls under scheduled maintenance, before January
(b) Torque broadcasting. conditions you may reasonably expect 1, 2000.
Electronically controlled engines must the engine to encounter during normal (2) Failure of the component would
broadcast their speed and output shaft operation and use. This does not apply clearly degrade the engine’s
torque (in newton-meters) on their to auxiliary emission-control devices performance enough that the operator
controller area networks. Engines may you identify in your certification would need to repair or replace it.
alternatively broadcast a surrogate value application if any of the following is (e) Limited applicability. You may
for torque that can be read with a remote true: deny warranty claims under this section
device. This information is necessary for (1) The conditions of concern were if the operator caused the problem, as
testing engines in the field (see 40 CFR substantially included in your described in 40 CFR 1068.115.
1065.515). This requirement applies prescribed duty cycles. (f) Aftermarket parts. As noted 40 CFR
beginning in the 2007 model year. (2) You show your design is necessary 1068.101, it is a violation of the Act to
Small-volume engine manufacturers to prevent catastrophic engine (or manufacture an engine part if one of its
may omit this requirement. equipment) damage or accidents. main effects is to reduce the
effectiveness of the engine’s emission (ii) For gaseous fuel-system requirement that the vehicle be serviced
controls. If you make an aftermarket components (cleaning without by your franchised dealers or any other
part, you may—but do not have to— disassembly only) and oxygen sensors: service establishments with which you
certify that using the part will still allow 2,500 hours. have a commercial relationship. You
engines to meet emission standards, as (4) If your engine family has an may disregard the requirements in this
described in 40 CFR 85.2114. alternate useful life shorter than the paragraph (f) if you do one of two
period specified in paragraph (a)(3)(ii) things:
§ 1048.125 What maintenance instructions of this section, you may not schedule (1) Provide a component or service
must I give to buyers? maintenance on those components more without charge under the purchase
Give the ultimate buyer of each new frequently than the alternate useful life agreement.
nonroad engine written instructions for (see § 1048.101(g)). (2) Get us to waive this prohibition in
properly maintaining and using the (b) Recommended additional the public’s interest by convincing us
engine, including the emission-control maintenance. You may recommend any the engine will work properly only with
system. The maintenance instructions additional amount of maintenance on the identified component or service.
also apply to service accumulation on the components listed in paragraph (a)
your test engines, as described in 40 of this section, as long as you make clear § 1048.130 What installation instructions
must I give to equipment manufacturers?
CFR part 1065, subpart E. that these maintenance steps are not
(a) Critical emission-related necessary to keep the emission-related (a) If you sell an engine for someone
maintenance. Critical emission-related warranty valid. If operators do the else to install in a piece of nonroad
maintenance includes any adjustment, maintenance specified in paragraph (a) equipment, give the buyer of the engine
cleaning, repair, or replacement of air- of this section, but not the written instructions for installing it
induction, fuel-system, or ignition recommended additional maintenance, consistent with the requirements of this
components, aftertreatment devices, this does not allow you to disqualify part. Include all information necessary
exhaust gas recirculation systems, them from in-use testing or deny a to ensure that engines installed this way
crankcase ventilation valves, sensors, or warranty claim. will meet emission standards.
electronic control units. This may also (c) Special maintenance. You may (b) Make sure these instructions have
include any other component whose specify more frequent maintenance to the following information:
address problems related to special (1) Include the heading: ‘‘Emission-
only purpose is to reduce emissions or
situations such as substandard fuel or related installation instructions’’.
whose failure will increase emissions (2) State: ‘‘Failing to follow these
without significantly degrading engine atypical engine operation. For example,
instructions when installing a certified
performance. You may schedule critical you may specify more frequent cleaning
engine in a piece of nonroad equipment
emission-related maintenance on these of fuel system components for engines
violates federal law (40 CFR
components if you meet the following you have reason to believe will be using
1068.105(b)), subject to fines or other
conditions: fuel that causes substantially more
penalties as described in the Clean Air
(1) You may ask us to approve critical engine performance problems than
Act.’’.
emission-related maintenance only if it commercial fuels of the same type that (3) Describe any other instructions
meets two criteria: are generally available across the United needed to install an exhaust
(i) Operators are reasonably likely to States. aftertreatment device and to locate
do the maintenance you call for. (d) Noncritical emission-related
exhaust sampling ports consistent with
(ii) Engines need the maintenance to maintenance. For engine parts not listed
your application for certification.
meet emission standards. in paragraph (a) of this section, you may (4) Describe the steps needed to
(2) We will accept scheduled schedule any amount of emission- control evaporative emissions, as
maintenance as reasonably likely to related inspection or maintenance. But described in §§ 1048.105 and 1048.245.
occur in use if you satisfy any of four you must state clearly that these steps (5) Describe any necessary steps for
conditions: are not necessary to keep the emission- installing the diagnostic system
(i) You present data showing that, if related warranty valid. Also, do not take described in § 1048.110.
a lack of maintenance increases these inspection or maintenance steps (6) Describe any limits on the range of
emissions, it also unacceptably degrades during service accumulation on your applications needed to ensure that the
the engine’s performance. test engines. engine operates consistently with your
(ii) You present survey data showing (e) Maintenance that is not emission- application for certification. For
that 80 percent of engines in the field related. For maintenance unrelated to example, if your engines are certified
get the maintenance you specify at the emission controls, you may schedule only for constant-speed operation, tell
recommended intervals. any amount of inspection or equipment manufacturers not to install
(iii) You provide the maintenance free maintenance. You may also take these the engines in variable-speed
of charge and clearly say so in inspection or maintenance steps during applications. Also, if you need to avoid
maintenance instructions for the service accumulation on your test sustained high-load operation to meet
customer. vehicles or engines. This might include the field-testing emission standards we
(iv) You otherwise show us that the adding engine oil or changing air, fuel, specify in § 1048.101(c) or to comply
maintenance is reasonably likely to be or oil filters. with the provisions of § 1048.101(d),
done at the recommended intervals. (f) Source of parts and repairs. Print describe how the equipment
(3) You may not schedule critical clearly on the first page of your written manufacturer must properly size the
emission-related maintenance more maintenance instructions that any repair engines for a given application.
frequently than the following intervals, shop or person may maintain, replace, (7) Describe any other instructions to
except as specified in paragraph (a)(4) of or repair emission-control devices and make sure the installed engine will
this section: systems. Your instructions may not operate according to design
(i) For catalysts, fuel injectors, require components or service identified specifications in your application for
electronic control units, superchargers, by brand, trade, or corporate name. certification.
and turbochargers: the useful life of the Also, do not directly or indirectly (8) State: ‘‘If you install the engine in
engine family. condition your warranty on a a way that makes the engine’s emission
control information label hard to read (13) Identify the emission standards to conformity, a ‘‘Blue Sky Series’’ engine
during normal engine maintenance, you which you have certified the engine. family must meet all the requirements
must place a duplicate label on the (d) Some of your engines may need in this part that apply to 2007 model
vehicle, as described in 40 CFR more information on the emission year engines. This includes all testing
1068.105.’’. control information label. and reporting requirements.
(c) You do not need installation (1) If you have an engine family that (c) For any model year, to receive a
instructions for engines you install in has been certified only for constant- certificate of conformity as a ‘‘Blue Sky
your own equipment. speed engines, add to the engine label Series’’ engine family must meet all the
‘‘CONSTANT-SPEED ONLY’’. requirements in this part, while
§ 1048.135 How must I label and identify (2) If you have an engine family that certifying to the following exhaust
the engines I produce? has been certified only for variable- emission standards:
(a) Assign each production engine a speed engines, add to the engine label (1) 0.8 g/kW-hr HC+NOX and 4.4 g/
unique identification number and ‘‘VARIABLE-SPEED ONLY’’. kW-hr CO using steady-state and
permanently and legibly affix, engrave, (3) If you have an engine family that transient test procedures, as described
or stamp it on the engine. has been certified only for high-load in subpart F of this part.
(b) At the time of manufacture, add a engines, add to the engine label ‘‘THIS (2) 1.1 g/kW-hr HC+NOX and 6.6 g/
permanent emission control information ENGINE IS NOT INTENDED FOR kW-hr CO using field-testing
label identifying each engine. To meet OPERATION AT LESS THAN 75 procedures, as described in subpart F of
labeling requirements, do four things: PERCENT OF FULL LOAD.’’. this part.
(1) Attach the label in one piece so it (4) If you certify an engine to the (d) If you certify an engine family
is not removable without being voluntary standards in § 1048.140, add under this section, it is subject to all the
destroyed or defaced. to the engine label ‘‘BLUE SKY requirements of this part as if these
(2) Design and produce it to be SERIES’’. voluntary standards were mandatory.
durable and readable for the engine’s (5) If you produce an engine we
entire life. exempt from the requirements of this § 1048.145 What provisions apply only for
(3) Secure it to a part of the engine part, see subpart G of this part and 40 a limited time?
needed for normal operation and not CFR part 1068, subparts C and D, for The provisions in this section apply
normally requiring replacement. more label information. instead of other provisions in this part.
(4) Write it in block letters in English. (6) If you certify an engine family This section describes when these
(c) On your engine’s emission control under § 1048.101(d) (and show in your interim provisions expire.
information label, do 13 things: application for certification that in-use (a) Family banking. You may certify
(1) Include the heading ‘‘EMISSION engines will experience infrequent high- an engine family to comply with Tier 1
CONTROL INFORMATION’’. load operation), add to the engine label or Tier 2 standards earlier than
(2) Include your full corporate name ‘‘THIS ENGINE IS NOT INTENDED FOR necessary. For each model year of early
and trademark. OPERATION AT MORE THAN l
(3) State: ‘‘THIS ENGINE IS compliance for an engine family, you
PERCENT OF FULL LOAD.’’. Specify may delay compliance with the same
CERTIFIED TO OPERATE ON [specify the appropriate percentage of full load
operating fuel or fuels].’’. standards for an equal number of
based on the nature of the engine engines from another engine family (or
(4) Identify the emission-control protection. You may add other
system; your identifiers must use names families) for one model year. If you
statements to discourage operation in certify engines under the voluntary
and abbreviations consistent with SAE engine-protection modes.
J1930 (incorporated by reference in standards of § 1048.140, you may not
(e) Some engines may not have use them in your calculation under this
§ 1048.810). enough space for an emission control
(5) List all requirements for fuel and paragraph (a). Base your calculation on
information label with all the required actual power-weighted nationwide sales
lubricants. information. In this case, you may omit
(6) State the date of manufacture for each family. You may delay
the information required in paragraphs compliance for up to three model years.
(DAY (optional), MONTH, and YEAR); (c)(3), (c)(4), (c)(5), and (c)(12) of this
if you stamp this information on the For example, if you sell 1,000 engines
section if you print it in the owner’s with an average power rating of 60 kW
engine and print it in the owner’s manual instead.
manual, you may omit it from the certified a year early, you may delay
(f) If you are unable to meet these
emission control information label. certification to that tier of standards for
labeling requirements, you may ask us
(7) State: ‘‘THIS ENGINE MEETS U.S. up to 60,000 kW-engine-years in any of
to modify them consistent with the
ENVIRONMENTAL PROTECTION intent of this section. the following ways:
AGENCY REGULATIONS FOR (MODEL (1) Delay certification of another
YEAR) LARGE NONROAD SI § 1048.140 What are the provisions for engine family with an average power
ENGINES.’’. certifying Blue Sky Series engines? rating of 100 kW of up to 600 engines
(8) Include EPA’s standardized This section defines voluntary for one model year.
designation for the engine family (and standards for a recognized level of (2) Delay certification of another
subfamily, where applicable). superior emission control for engines engine family with an average power
(9) State the engine’s displacement (in designated as ‘‘Blue Sky Series’’ rating of 100 kW of up to 200 engines
liters) and maximum brake power. engines. Blue Sky Series engines must for three model years.
(10) State the engine’s useful life (see meet one of the following standards: (3) Delay certification of one engine
§ 1048.101(g)). (a) For the 2003 model year, to receive family with an average power rating of
(11) List specifications and a certificate of conformity, a ‘‘Blue Sky 100 kW of up to 400 engines for one
adjustments for engine tuneups; show Series’’ engine family must meet all the model year and a second engine family
the proper position for the transmission requirements in this part that apply to with an average power rating of 200 kW
during tuneup and state which 2004 model year engines. This includes of up to 50 engines for two model years.
accessories should be operating. all testing and reporting requirements. (b) Hydrocarbon standards. For 2004
(12) Describe other information on (b) For the 2003 through 2006 model through 2006 model years, engine
proper maintenance and use. years, to receive a certificate of manufacturers may use nonmethane
hydrocarbon measurements to this subpart, but this would not change engines for someone else to install in a
demonstrate compliance with your recordkeeping requirements. piece of nonroad equipment (see
applicable emission standards. (d) Use good engineering judgment for § 1048.130).
(c) Transient emission testing. all decisions related to your application (k) Identify each high-cost warranted
Engines rated over 560 kW are exempt (see 40 CFR 1068.5). part and show us how you calculated its
from the transient emission standards in (e) An authorized representative of replacement cost, including the
§ 1048.101(a). your company must approve and sign estimated retail cost of the part, labor
(d) Tier 1 deterioration factors. For the application. rates, and labor hours to diagnose and
Tier 1 engines, base the deterioration replace defective parts.
factor from § 1048.240 on 3500 hours of § 1048.205 What must I include in my
application?
(l) Propose an emission control
operation. We may assign a information label.
deterioration factor for a Tier 1 engine In your application, do all the (m) Present emission data to show
family, but this would not affect your following things unless we ask you to that you meet emission standards.
need to meet all emission standards that send us less information: (1) Present exhaust emission data for
apply. (a) Describe the engine family’s HC, NOX, and CO on a test engine to
(e) [Reserved] specifications and other basic
show your engines meet the duty-cycle
(f) Optional early field testing. You parameters of the engine’s design. List
emission standards we specify in
may optionally use the field-testing the types of fuel you intend to use to
§ 1048.101(a) and (b). Show these
procedures in subpart F of this part for certify the engine family (for example,
figures before and after applying
any in-use testing required under gasoline, liquefied petroleum gas,
deterioration factors for each engine.
subpart E of this part to show that you methanol, or natural gas).
(b) Explain how the emission-control Starting in the 2007 model year, identify
meet Tier 1 standards. In this case, the the duty-cycle emission standards to
same Tier 1 in-use emission standards systems operate.
(1) Describe in detail all the system which you are certifying engines in the
apply to both steady-state testing in the engine family. Include test data for each
laboratory and field testing. components for controlling exhaust
emissions, including auxiliary emission- type of fuel from 40 CFR part 1065,
(g) Small-volume provisions. If you subpart C, on which you intend for
qualify for the hardship provisions in control devices and all fuel-system
components you will install on any engines in the engine family to operate
§ 1068.250 of this chapter, we may (for example, gasoline, liquefied
approve extensions of up to four years production or test engine. Explain why
any auxiliary emission-control devices petroleum gas, methanol, or natural
total. gas). If we specify more than one grade
(h) 2004 certification. For the 2004 are not defeat devices (see
§ 1048.115(g)). Do not include detailed of any fuel type (for example, a summer
model year, you may choose to have the grade and winter grade of gasoline), you
emission standards and other calibrations for components unless we
ask for them. only need to submit test data for one
requirements that apply to these engines
(2) Describe the evaporative emission grade, unless the regulations of this part
in California serve as the emission
controls. specify otherwise for your engine. Note
standards and other requirements
(c) Explain how the engine diagnostic that § 1048.235 allows you to submit an
applicable under this part, instead of
system works, describing especially the application in certain cases without new
those in subpart A of this part. To ask
engine conditions (with the emission data.
for a certificate under this paragraph (h), (2) If your engine family includes a
send us the application for certification corresponding diagnostic trouble codes)
that cause the malfunction-indicator volatile liquid fuel (and you do not use
that you prepare for the California Air
light to go on. Propose what you design-based certification under
Resources Board instead of the
consider to be extreme conditions under § 1048.245) present evaporative test data
information we otherwise require in
which the diagnostic system should to show your vehicles meet the
§ 1048.205.
(i) Recreational vehicles. Engines or disregard trouble codes, as described in evaporative emission standards we
vehicles identified in the scope of 40 § 1048.110. specify in subpart B of this part. Show
CFR part 1051 that are not yet regulated (d) Describe the engines you selected these figures before and after applying
under that part are excluded from the for testing and the reasons for selecting deterioration factors, where applicable.
them. (n) Report all test results, including
requirements of this part. For example,
(e) Describe any special or alternate those from invalid tests or from any
snowmobiles produced in 2004 are not
test procedures you used (see nonstandard tests (such as
subject to the emission standards in this
§ 1048.501). measurements based on exhaust
part. Once emission standards apply to (f) Describe how you operated the concentrations in parts per million).
these engines and vehicles, they are engine or vehicle prior to testing, (o) Identify the engine family’s
excluded from the requirements of this including the duty cycle and the deterioration factors and describe how
part under § 1048.5(a)(1). number of engine operating hours used you developed them. Present any
Subpart C—Certifying Engine Families to stabilize emission levels. Describe emission test data you used for this.
any scheduled maintenance you did. (p) Describe all adjustable operating
§ 1048.201 What are the general (g) List the specifications of the test parameters (see § 1048.115(e)),
requirements for submitting a certification fuel to show that it falls within the including the following:
application? required ranges we specify in 40 CFR (1) The nominal or recommended
(a) Send us an application for a part 1065, subpart C. setting.
certificate of conformity for each engine (h) Identify the engine family’s useful (2) The intended physically adjustable
family. Each application is valid for life. range, including production tolerances
only one model year. (i) Propose maintenance and use if they affect the range.
(b) The application must not include instructions for the ultimate buyer of (3) The limits or stops used to
false or incomplete statements or each new nonroad engine (see establish adjustable ranges.
information (see § 1048.255). § 1048.125). (q) Describe everything we need to
(c) We may choose to ask you to send (j) Propose emission-related read and interpret all the information
us less information than we specify in installation instructions if you sell broadcast by an engine’s onboard
computers and electronic control a future model year more than two years § 1048.220 How do I amend the
modules and state that you will give us ahead of time. maintenance instructions in my
any hardware or tools we would need to application?
(b) You may consider full compliance
do this. You may reference any with published guidance to be Send the Designated Officer a request
appropriate publicly released standards preliminary approval only if the to amend your application for
that define conventions for these guidance includes a statement that we certification for an engine family if you
messages and parameters. Format your intend you to consider it as such. want to change the emission-related
information consistent with publicly maintenance instructions in a way that
released standards. § 1048.215 What happens after I complete could affect emissions. In your request,
(r) State whether your engine will my application? describe the proposed changes to the
operate in variable-speed applications, (a) If any of the information in your maintenance instructions.
constant-speed applications, or both. If application changes after you submit it, (a) If you are decreasing the specified
your certification covers only constant- amend it as described in § 1048.225. level of maintenance, you may
speed or only variable-speed distribute the new maintenance
(b) We may deny your application
applications, describe how you will instructions to your customers 30 days
(that is, determine that we cannot
prevent use of these engines in the after we receive your request, unless we
approve it without revision) if the
applications for which they are not disapprove your request. We may
engine family does not meet the
certified. approve a shorter time or waive this
requirements of this part or the Act. For
(s) Starting in the 2007 model year, requirement.
example: (b) If your requested change would
state that all the engines in the engine
family comply with the field-testing (1) If you inappropriately use the not decrease the specified level of
emission standards we specify in provisions of § 1048.230(c) or (d) to maintenance, you may distribute the
§ 1048.101(c) for all normal operation define a broader or narrower engine new maintenance instructions anytime
and use (see § 1048.515). Describe in family, we will require you to redefine after you send your request.
detail any testing, engineering analysis, your engine family. (c) If you are correcting or clarifying
or other information on which you base (2) If we determine you did not your maintenance instructions or if you
this statement. appropriately select the useful life are changing instructions for
(t) State that you operated your test under § 1048.101(g), we will require you maintenance unrelated to emission
engines according to the specified to lengthen it. controls, the requirements of this
procedures and test parameters using (3) If we determine you did not section do not apply.
the fuels described in the application to appropriately select deterioration factors § 1048.225 How do I amend my application
show you meet the requirements of this under § 1048.240(c), we will require you to include new or modified engines?
part. to revise them.
(u) State unconditionally that all the (a) You must amend your application
(4) If your diagnostic system is for certification before you take either of
engines in the engine family comply inadequate for detecting significant
with the requirements of this part, other the following actions:
malfunctions in emission-control (1) Add an engine to a certificate of
referenced parts, and the Clean Air Act. systems, as described in § 1048.110(b),
(v) Include estimates of U.S.-directed conformity (this includes any changes
we will require you to make the system you make in selecting emission
production volumes.
more effective. standards under § 1048.205(m)(1)).
(w) Show us how to modify your
production engines to measure (5) If your diagnostic system (2) Make a design change for a
emissions in the field (see inappropriately disregards trouble codes certified engine family that may affect
§ 1048.115(d)). under certain conditions, as described emissions or an emission-related part
(x) Add other information to help us in § 1048.110(f), we will require you to over the engine’s lifetime.
evaluate your application if we ask for change the system to operate under (b) Send the Designated Officer a
it. broader conditions. request to amend the application for
(6) If your proposed emission control certification for an engine family. In
§ 1048.210 May I get preliminary approval information label is inconsistent with your request, do all of the following:
before I complete my application? (1) Describe the engine model or
§ 1048.135, we will require you to
If you send us information before you change it (and tell you how, if possible). configuration you are adding or
finish the application, we will review it changing.
(7) If you require or recommend
and make any appropriate (2) Include engineering evaluations or
maintenance and use instructions
determinations listed in § 1048.215(b)(1) reasons why the original test engine is
inconsistent with § 1048.125, we will
through (7). Decisions made under this or is not still appropriate.
require you to change them. (3) If the original test engine for the
section are considered to be preliminary
approval. We will generally not (8) If we find any other problem with engine family is not appropriate to show
disapprove applications under your application, we will tell you what compliance for the new or modified
§ 1048.215(b)(1) through (5) where we the problem is and what needs to be nonroad engine, include new test data
have given you preliminary approval, corrected. showing that the new or modified
unless we find new and substantial (c) If we determine your application is nonroad engine meets the requirements
information supporting a different complete and shows that the engine of this part.
decision. family meets all the requirements of this (c) You may start producing the new
(a) If you request preliminary part and the Act, we will issue a or modified nonroad engine anytime
approval related to the upcoming model certificate of conformity for your engine after you send us your request. If we
year or the model year after that, we will family for that model year. If we deny determine that the affected engines do
make a ‘‘best-efforts’’ attempt to make the application, we will explain why in not meet applicable requirements, we
the appropriate determinations as soon writing. You may then ask us to hold a will require you to cease production of
as possible. We will generally not hearing to reconsider our decision (see the engines and to recall and correct the
provide preliminary approval related to § 1048.820). engines at no expense to the owner. If
you choose to produce engines under (e) If you cannot appropriately define different from the previously tested
this paragraph (c), we will consider that engine families by the method in this engine.
to be consent to recall all engines that section, we will define them based on (2) You may submit emission data for
we determine do not meet applicable features related to emission equivalent engine families performed to
standards or other requirements and to characteristics. show compliance with other standards
remedy the nonconformity at no (f) You may ask us to create separate (such as California standards) instead of
expense to the owner. families for exhaust emissions and doing new tests, but only if the data
(d) You must give us test data within evaporative emissions. If we do this, list show that the test engine would meet all
30 days if we ask for more testing, or both families on the emission control of this part’s requirements.
stop producing the engine if you cannot information label. (d) We may choose to measure
do this. You may give us an engineering (g) Where necessary, you may divide emissions from any of your test engines
evaluation instead of test data if we an engine family into sub-families to (or other engines from the engine
agree that you can address our questions meet different emission standards, as family).
without test data. specified in § 1048.101(a)(2). For issues (1) If we do this, you must provide the
(e) If we determine that the certificate related to compliance and prohibited test engine at the location we select. We
of conformity would not cover your new actions, we will generally apply may decide to do the testing at your
or modified nonroad engine, we will decisions to the whole engine family. plant or any other facility. If we choose
send you a written explanation of our For engine labels and other to do the testing at your plant, you must
decision. In this case, you may no administrative provisions, we may schedule it as soon as possible and
longer produce these engines, though approve your request for separate make available the instruments and
you may ask for a hearing for us to treatment of sub-families. equipment we need.
reconsider our decision (see § 1048.820). (2) If we measure emissions on one of
§ 1048.235 What emission testing must I your test engines, the results of that
§ 1048.230 How do I select engine perform for my application for a certificate testing become the official data for the
families? of conformity?
engine. Unless we later invalidate this
(a) Divide your product line into This section describes the emission data, we may decide not to consider
families of engines that you expect to testing you must perform to show your data in determining if your engine
have similar emission characteristics. compliance with the emission standards family meets the emission standards.
Your engine family is limited to a single in §§ 1048.101(a) and (b) and 1048.105 (3) Before we test one of your engines,
model year. during certification. See § 1048.205(s) we may set its adjustable parameters to
(b) Group engines in the same engine regarding emission testing related to the any point within the physically
family if they are the same in all of the field-testing emission standards. adjustable ranges (see § 1048.115(e)).
following aspects: (a) Test your emission-data engines (4) Calibrate the test engine within
(1) The combustion cycle. using the procedures and equipment normal production tolerances for
(2) The cooling system (water-cooled specified in subpart F of this part. For anything we do not consider an
vs. air-cooled). any testing related to evaporative
(3) Configuration of the fuel system adjustable parameter (see § 1048.205(p)).
emissions, use good engineering
(for example, fuel injection vs. judgment to include a complete fuel § 1048.240 How do I demonstrate that my
carburetion). system with the engine. engine family complies with exhaust
(4) Method of air aspiration. (b) Select engine families according to emission standards?
(5) The number, location, volume, and the following criteria: (a) For certification, your engine
composition of catalytic converters. (1) For exhaust testing, select from family is considered in compliance with
(6) The number, arrangement, and each engine family a test engine for each the numerical emission standards in
approximate bore diameter of cylinders. fuel type with a configuration that is § 1048.101 (a) and (b), if all emission-
(7) Evaporative emission controls.
most likely to exceed the exhaust data engines representing that family
(c) In some cases you may subdivide
emission standards, using good have test results showing emission
a group of engines that is identical
engineering judgment. Consider the levels at or below these standards.
under paragraph (b) of this section into
emission levels of all exhaust (b) Your engine family does not
different engine families. To do so, you
constituents over the full useful life of comply if any emission-data engine
must show you expect emission
the engine when operated in a piece of representing that family has test results
characteristics to be different during the
equipment. showing emission levels above the
useful life or that any of the following
(2) For evaporative testing, select from standards from § 1048.101 (a) and (b) for
engine characteristics are different:
(1) Method of actuating intake and each engine family a test fuel system for any pollutant.
each fuel type with a configuration that (c) To compare emission levels from
exhaust timing (poppet valve, reed
is most likely to exceed the evaporative the test engine with the emission
valve, rotary valve, etc.).
(2) Location or size of intake and emission standards, using good standards, apply deterioration factors to
exhaust valves or ports. engineering judgment. the measured emission levels. The
(3) Configuration of the combustion (c) You may use previously generated deterioration factor is a number that
chamber. emission data in either of the following shows the relationship between exhaust
(4) Cylinder stroke. cases: emissions at the end of useful life and
(5) Exhaust system. (1) You may submit emission data for at the low-hour test point. Specify the
(6) Type of fuel. equivalent engine families from deterioration factors based on emission
(d) If your engines are not identical previous years instead of doing new measurements using four significant
with respect to the things listed in tests, but only if the data show that the figures, consistent with good
paragraph (b) of this section, but you test engine would meet all the engineering judgment. For example,
show that their emission characteristics requirements for the latest engine deterioration factors must be consistent
during the useful life will be similar, we models. We may require you to do new with emission increases observed from
may approve grouping them in the same emission testing if we believe the latest in-use testing with similar engines (see
engine family. engine models could be substantially subpart E of this part). Small-volume
engine manufacturers may use assigned (i) Use a tethered or self-closing gas (d) Send us copies of any engine
deterioration factors that we establish. cap on a fuel tank that stays sealed up maintenance instructions or
Apply the deterioration factors as to a positive pressure of 24.5 kPa (3.5 explanations if we ask for them.
follows: psig) or a vacuum pressure of 10.5 kPa
(1) For engines that use aftertreatment (1.5 psig). § 1048.255 When may EPA deny, revoke,
technology, such as catalytic converters, or void my certificate of conformity?
(ii) [Reserved]
the deterioration factor is the ratio of (2) For certification to the standards (a) We may deny your application for
exhaust emissions at the end of useful specified in § 1048.105(a)(3), certification if your engine family fails
life to exhaust emissions at the low-hour demonstrating that you use design to comply with emission standards or
test point. Adjust the official emission features to prevent fuel boiling under all other requirements of this part or the
results for each tested engine at the normal operation. You may do this Act. Our decision may be based on any
selected test point by multiplying the using fuel temperature data measured information available to us showing you
measured emissions by the deterioration during normal operation. do not meet emission standards or other
factor. If the factor is less than one, use (3) We may establish additional requirements, including any testing that
one. options for design-based certification we conduct under paragraph (f) of this
(2) For engines that do not use where we find that new test data section. If we deny your application, we
aftertreatment technology, the demonstrate that a technology will will explain why in writing.
deterioration factor is the difference ensure compliance with the emission (b) In addition, we may deny your
between exhaust emissions at the end of standards in this section. application or revoke your certificate if
useful life and exhaust emissions at the you do any of the following:
low-hour test point. Adjust the official § 1048.250 What records must I keep and (1) Refuse to comply with any testing
emission results for each tested engine make available to EPA? or reporting requirements.
at the selected test point by adding the (a) Organize and maintain the (2) Submit false or incomplete
factor to the measured emissions. If the following records to keep them readily information (paragraph (d) of this
factor is less than zero, use zero. available; we may review these records section applies if this is fraudulent).
(d) After adjusting the emission levels at any time: (3) Render inaccurate any test data.
for deterioration, round them to the (1) A copy of all applications and any (4) Deny us from completing
same number of decimal places as the summary information you sent us. authorized activities despite our
emission standard. Compare the (2) Any of the information we specify presenting a warrant or court order (see
rounded emission levels to the emission in § 1048.205 that you did not include 40 CFR 1068.20).
standard for each test engine. in your application. (5) Produce engines for importation
(3) A detailed history of each into the United States at a location
§ 1048.245 How do I demonstrate that my emission-data engine. In each history,
engine family complies with evaporative where local law prohibits us from
emission standards?
describe all of the following: carrying out authorized activities.
(i) The test engine’s construction, (c) We may void your certificate if you
(a) For certification, your engine including its origin and buildup, steps
family is considered in compliance with do not keep the records we require or
you took to ensure that it represents do not give us information when we ask
the evaporative emission standards in
production engines, any components for it.
subpart B of this part if you do either
you built specially for it, and all (d) We may void your certificate if we
of the following:
(1) You have test results showing that emission-related components. find that you intentionally submitted
(ii) How you accumulated engine false or incomplete information.
evaporative emissions in the family are
operating hours, including the dates and (e) If we deny your application or
at or below the standards throughout the
useful life. the number of hours accumulated. revoke or void your certificate, you may
(2) Where applicable, you comply (iii) All maintenance (including ask for a hearing (see § 1048.820). Any
with the design specifications in modifications, parts changes, and other such hearing will be limited to
paragraph (e) of this section. service) and the dates and reasons for substantial and factual issues.
(b) Your engine family does not the maintenance. (f) We may conduct confirmatory
comply if any fuel system representing (iv) All your emission tests, including testing of your engines as part of
that family has test results showing documentation on routine and standard certification. We may deny your
emission levels above the standards. tests, as specified in part 40 CFR part application for certification or revoke
(c) Use good engineering judgment to 1065, and the date and purpose of each your certificate if your engines fail to
develop a test plan to establish test. comply with emission standards or
deterioration factors to show how much (v) All tests to diagnose engine or other requirements during confirmatory
emissions increase at the end of useful emission-control performance, giving testing.
life. the date and time of each and the
(d) If you adjust the emission levels reasons for the test. Subpart D—Testing Production-line
for deterioration, round them to the (vi) Any other significant events. Engines
same number of decimal places as the (b) Keep data from routine emission
emission standard. Compare the tests (such as test cell temperatures and § 1048.301 When must I test my
rounded emission levels to the emission relative humidity readings) for one year production-line engines?
standard for each test fuel system. after we issue the associated certificate (a) If you produce engines that are
(e) You may demonstrate that your of conformity. Keep all other subject the requirements of this part,
engine family complies with the information specified in paragraph (a) of you must test them as described in this
evaporative emission standards by this section for eight years after we issue subpart.
demonstrating that you use the your certificate. (b) We may suspend or revoke your
following control technologies: (c) Store these records in any format certificate of conformity for certain
(1) For certification to the standards and on any media, as long as you can engine families if your production-line
specified in § 1048.105(a)(1), with the promptly send us organized, written engines do not meet the requirements of
following technologies: records in English if we ask for them. this part or you do not fulfill your
obligations under this subpart (see the transient testing procedures to show for production-line testing makes
§§ 1048.325 and 1048.340). you meet the emission standards in necessary an adjustment or repair, you
(c) Other requirements apply to § 1048.101(a). must wait until after the after the initial
engines that you produce. Other (b) Modifying a test engine. Once an emission test to do this work. We may
regulatory provisions authorize us to engine is selected for testing (see waive this requirement if the test would
suspend, revoke, or void your certificate § 1048.310), you may adjust, repair, be impossible or unsafe, or if it would
of conformity, or order recalls for prepare, or modify it or check its permanently damage the engine. Report
engines families without regard to emissions only if one of the following is to us, in your written report under
whether they have passed these true: § 1048.345, all adjustments or repairs
production-line testing requirements. (1) You document the need for doing you make on test engines before each
The requirements of this part do not so in your procedures for assembling test.
affect our ability to do selective and inspecting all your production (g) Retesting after invalid tests. You
enforcement audits, as described in part engines and make the action routine for may retest an engine if you determine
1068 of this chapter. Individual engines all the engines in the engine family. an emission test is invalid. Explain in
in families that pass these production- (2) This subpart otherwise specifically your written report reasons for
line testing requirements must also allows your action. invalidating any test and the emission
conform to all applicable regulations of (3) We approve your action in results from all tests. If you retest an
this part and part 1068 of this chapter. advance. engine and, within ten days after
(d) You may ask to use an alternate (c) Engine malfunction. If an engine testing, ask to substitute results of the
program for testing production-line malfunction prevents further emission new tests for the original ones, we will
engines. In your request, you must show testing, ask us to approve your decision answer within ten days after we receive
us that the alternate program gives equal to either repair the engine or delete it your information.
assurance that your production-line from the test sequence.
engines meet the requirements of this (d) Setting adjustable parameters. § 1048.310 How must I select engines for
part. If we approve your alternate Before any test, we may adjust or production-line testing?
program, we may waive some or all of require you to adjust any adjustable (a) Use test results from two engines
this subpart’s requirements. parameter to any setting within its for each engine family to calculate the
(e) If you certify an engine family with physically adjustable range. required sample size for the model year.
carryover emission data, as described in (1) We may adjust idle speed outside Update this calculation with each test.
§ 1048.235(c), and these equivalent the physically adjustable range as
engine families consistently pass the (b) Early in each calendar quarter,
needed only until the engine has randomly select and test two engines
production-line testing requirements stabilized emission levels (see
over the preceding two-year period, you from the end of the assembly line for
paragraph (e) of this section). We may each engine family.
may ask for a reduced testing rate for
ask you for information needed to (c) Calculate the required sample size
further production-line testing for that
establish an alternate minimum idle for each engine family. Separately
family. The minimum testing rate is one
speed. calculate this figure for HC+NOX and for
engine per engine family. If we reduce
(2) We may make or specify CO. The required sample size is the
your testing rate, we may limit our
adjustments within the physically greater of these two calculated values.
approval to any number of model years.
adjustable range by considering their Use the following equation:
In determining whether to approve your
effect on emission levels, as well as how
request, we may consider the number of
likely it is someone will make such an 2
engines that have failed the emission
adjustment with in-use engines.  (t × σ) 
tests. N =  95  + 1
(f) We may ask you to make a (e) Stabilizing emission levels. Before  ( x − STD) 
reasonable number of production-line you test production-line engines, you Where:
engines available for a reasonable time may operate the engine to stabilize the
N = Required sample size for the model year.
so we can test or inspect them for emission levels. Using good engineering t95 = 95% confidence coefficient, which
compliance with the requirements of judgment, operate your engines in a way depends on the number of tests
this part. that represents the way production completed, n, as specified in the table in
engines will be used. You may operate paragraph (c)(1) of this section. It defines
§ 1048.305 How must I prepare and test my each engine for no more than the greater 95% confidence intervals for a one-tail
production-line engines? of two periods: distribution.
(a) Test procedures. Test your (1) 50 hours. x = Mean of emission test results of the
production-line engines using either the (2) The number of hours you operated sample.
steady-state or transient testing your emission-data engine for certifying STD = Emission standard.
s = Test sample standard deviation (see
procedures in subpart F of this part to the engine family (see 40 CFR part 1065, paragraph (c)(2) of this section).
show you meet the emission standards subpart E).
in § 1048.101(a) or (b), respectively. We (f) Damage during shipment. If (1) Determine the 95% confidence
may require you to test engines using shipping an engine to a remote facility 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
ER08no02.004</MATH>
9 1.86 19 1.73 29 1.70
n t95 n t95 n t95
10 1.83 20 1.73 30+ 1.70

11 1.81 21 1.72
(2) Calculate the standard deviation, pollutant. This paragraph (h) does not tests, the engine family fails the
s, for the test sample using the affect the requirements in section production-line testing requirements of
following formula: § 1048.320. this subpart. Tell us within ten working
(i) You may elect to test more days if this happens.
σ=
∑ (X i − x) 2 randomly chosen engines than we
require. Include these engines in the
(h) If you amend the application for
certification for an engine family (see
n −1 sample-size calculations. § 1048.225), do not change any previous
Where: calculations of sample size or CumSum
Xi = Emission test result for an individual § 1048.315 How do I know when my engine statistics for the model year.
engine. family fails the production-line testing
n = The number of tests completed in an requirements? § 1048.320 What happens if one of my
engine family. This section describes the pass/fail production-line engines fails to meet
criteria for the production-line testing emission standards?
(d) Use final deteriorated test results
requirements. We apply this criteria on If you have a production-line engine
to calculate the variables in the
an engine-family basis. See § 1048.320 with final deteriorated test results
equations in paragraph (c) of this
for the requirements that apply to exceeding one or more emission
section (see § 1048.315(a)).
(e) After each new test, recalculate the individual engines that fail a standards (see § 1048.315(a)), the
required sample size using the updated production-line test. certificate of conformity is automatically
mean values, standard deviations, and (a) Calculate your test results. Round suspended for that failing engine. You
the appropriate 95-percent confidence them to the number of decimal places in must take the following actions before
the emission standard expressed to one your certificate of conformity can cover
coefficient.
(f) Distribute the remaining engine more decimal place. that engine:
(1) Initial and final test results. (a) Correct the problem and retest the
tests evenly throughout the rest of the
Calculate and round the test results for engine to show it complies with all
year. You may need to adjust your
each engine. If you do several tests on emission standards.
schedule for selecting engines if the (b) Include in your written report a
required sample size changes. Continue an engine, calculate the initial test
results, then add them together and description of the test results and the
to randomly select engines from each remedy for each engine (see § 1048.345).
engine family; this may involve testing divide by the number of tests and round
engines that operate on different fuels. for the final test results on that engine. § 1048.325 What happens if an engine
(g) Continue testing any engine family (2) Final deteriorated test results. family fails the production-line
for which the sample mean, x, is greater Apply the deterioration factor for the requirements?
than the emission standard. This applies engine family to the final test results (a) We may suspend your certificate of
if the sample mean for either HC+NOX (see § 1048.240(c)). conformity for an engine family if it fails
or for CO is greater than the emission (b) Construct the following CumSum under § 1048.315. The suspension may
standard. Continue testing until one of Equation for each engine family (for apply to all facilities producing engines
the following things happens: HC+NOX and for CO emissions): from an engine family, even if you find
(1) The sample size, n, for an engine noncompliant engines only at one
family is greater than the required C i = C i-1 + X i − (STD + 0.25 × σ ) facility.
sample size, N, and the sample mean, x, Where: (b) We will tell you in writing if we
is less than or equal to the emission suspend your certificate in whole or in
Ci = The current CumSum statistic. part. We will not suspend a certificate
standard. For example, if N = 3.1 after Ci-1 = The previous CumSum statistic.
the third test, the sample-size until at least 15 days after the engine
For the first test, CumSum statistic
calculation does not allow you to stop family fails. The suspension is effective
is 0 (i.e. C1 = 0).
testing. when you receive our notice.
Xi = The current emission test result for (c) Up to 15 days after we suspend the
(2) The engine family does not
an individual engine. certificate for an engine family, you may
comply according to § 1048.325. STD = Emission standard.
(3) You test 30 engines from the ask for a hearing (see § 1048.820). If we
engine family. (c) Use final deteriorated test results agree before a hearing that we used
(4) You test one percent of your to calculate the variables in the equation erroneous information in deciding to
projected annual U.S.-directed in paragraph (b) of this section (see suspend the certificate, we will reinstate
production volume for the engine § 1048.315(a)). the certificate.
family. (d) After each new test, recalculate the (d) Section § 1048.335 specifies steps
(5) You choose to declare that the CumSum statistic. you must take to remedy the cause of
engine family does not comply with the (e) If you test more than the required the production-line failure. All the
requirements of this subpart. number of engines, include the results engines you have produced since the
(h) If the sample-size calculation from these additional tests in the end of the last test period are presumed
allows you to stop testing for a CumSum Equation. noncompliant and should be addressed
pollutant, you must continue measuring in your proposed remedy. We may
ER08no02.006</MATH>
(f) After each test, compare the

emission levels of that pollutant for any current CumSum statistic, Ci, to the require you to apply the remedy to
additional tests required under this recalculated Action Limit, H, defined as engines produced earlier if we
section. However, you need not H = 5.0 × s. determine that the cause of the failure
continue making the calculations (g) If the CumSum statistic exceeds is likely to have affected the earlier
ER08no02.005</MATH>
specified in this section for that the Action Limit in two consecutive engines.
§ 1048.330 May I sell engines from an § 1048.345 What production-line testing knowledge. I know of the penalties for
engine family with a suspended certificate records must I send to EPA? violating the Clean Air Act and the
of conformity? Do all the following things unless we regulations. (Authorized Company
You may sell engines that you Representative)
ask you to send us less information:
produce after we suspend the engine (a) Within 30 calendar days of the end (d) Send electronic reports of
family’s certificate of conformity under of each calendar quarter, send us a production-line testing to the
§ 1048.315 only if one of the following report with the following information: Designated Officer using an approved
occurs: (1) Describe any facility used to test information format. If you want to use
(a) You test each engine you produce production-line engines and state its a different format, send us a written
and show it complies with emission location. request with justification for a waiver.
standards that apply. (2) State the total U.S.-directed (e) We will send copies of your
(b) We conditionally reinstate the production volume and number of tests reports to anyone from the public who
certificate for the engine family. We may for each engine family. asks for them. See § 1048.815 for
do so if you agree to recall all the (3) Describe how you randomly information on how we treat
affected engines and remedy any selected engines. information you consider confidential.
noncompliance at no expense to the (4) Describe your test engines,
owner if later testing shows that the § 1048.350 What records must I keep?
including the engine family’s
engine family still does not comply. (a) Organize and maintain your
identification and the engine’s model
records as described in this section. We
§ 1048.335 How do I ask EPA to reinstate year, build date, model number,
may review your records at any time, so
my suspended certificate? identification number, and number of
it is important to keep required
(a) Send us a written report asking us hours of operation before testing for
information readily available.
to reinstate your suspended certificate. each test engine. (b) Keep paper records of your
In your report, identify the reason for (5) Identify where you accumulated production-line testing for one full year
noncompliance, propose a remedy for hours of operation on the engines and after you complete all the testing
the engine family, and commit to a date describe the procedure and schedule required for an engine family in a model
for carrying it out. In your proposed you used. year. You may use any additional
remedy include any quality control (6) Provide the test number; the date, storage formats or media if you like.
measures you propose to keep the time and duration of testing; test (c) Keep a copy of the written reports
problem from happening again. procedure; initial test results before and described in § 1048.345.
(b) Give us data from production-line after rounding; final test results; and (d) Keep the following additional
testing that shows the remedied engine final deteriorated test results for all records:
family complies with all the emission tests. Provide the emission results for all (1) A description of all test equipment
standards that apply. measured pollutants. Include for each test cell that you can use to test
information for both valid and invalid production-line engines.
§ 1048.340 When may EPA revoke my tests and the reason for any (2) The names of supervisors involved
certificate under this subpart and how may invalidation. in each test.
I sell these engines again? (7) Describe completely and justify (3) The name of anyone who
(a) We may revoke your certificate for any nonroutine adjustment, authorizes adjusting, repairing,
an engine family in the following cases: modification, repair, preparation, preparing, or modifying a test engine
(1) You do not meet the reporting maintenance, or test for the test engine and the names of all supervisors who
requirements. if you did not report it separately under oversee this work.
(2) Your engine family fails to comply this subpart. Include the results of any (4) If you shipped the engine for
with the requirements of this subpart emission measurements, regardless of testing, the date you shipped it, the
and your proposed remedy to address a the procedure or type of equipment. associated storage or port facility, and
suspended certificate under § 1048.325 (8) Provide the CumSum analysis the date the engine arrived at the testing
is inadequate to solve the problem or required in § 1048.315 for each engine facility.
requires you to change the engine’s family. (5) Any records related to your
design or emission-control system. (9) Report on each failed engine as production-line tests that are not in the
(b) To sell engines from an engine described in § 1048.320. written report.
family with a revoked certificate of (10) State the date the calendar (6) A brief description of any
conformity, you must modify the engine quarter ended for each engine family. significant events during testing not
family and then show it complies with (b) We may ask you to add otherwise described in the written
the requirements of this part. information to your written report, so report or in this section.
(1) If we determine your proposed we can determine whether your new (7) Any information specified in
design change may not control nonroad engines conform with the § 1048.345 that you do not include in
emissions for the engine’s full useful requirements of this subpart. your written reports.
life, we will tell you within five working (e) If we ask, you must give us
(c) An authorized representative of
days after receiving your report. In this projected or actual production figures
your company must sign the following
case we will decide whether for an engine family. We may ask you
statement:
production-line testing will be enough to divide your production figures by
for us to evaluate the change or whether We submit this report under Sections 208 maximum brake power, displacement,
you need to do more testing. and 213 of the Clean Air Act. Our fuel type, or assembly plant (if you
(2) Unless we require more testing, production-line testing conformed produce engines at more than one
completely with the requirements of 40 CFR
you may show compliance by testing part 1048. We have not changed production
plant).
production-line engines as described in processes or quality-control procedures for
(f) Keep a list of engine identification
this subpart. the engine family in a way that might affect numbers for all the engines you produce
(3) We will issue a new or updated the emission control from production under each certificate of conformity.
certificate of conformity when you have engines. All the information in this report is Give us this list within 30 days if we ask
met these requirements. true and accurate, to the best of my for it.
(g) We may ask you to keep or send § 1048.410 How must I select, prepare, and § 1048.515 to show compliance with the
other information necessary to test my in-use engines? field-testing standards in § 1048.101(c).
implement this subpart. (a) You may make arrangements to (2) Test the selected engines while
select representative test engines from they remain installed in the equipment.
Subpart E—Testing In-use Engines your own fleet or from other Use the field testing procedures in
independent sources. subpart F of this part. Measure
§ 1048.401 What testing requirements
apply to my engines that have gone into
(b) For the selected engine families, emissions during normal operation of
service? select engines that you or your the equipment to show compliance with
customers have— the field-testing standards in
(a) If you produce engines that are (1) Operated for at least 50 percent of
subject to the requirements of this part, § 1048.101(c). We may direct you to
the engine family’s useful life (see include specific areas of normal
you must test them as described in this § 1048.101(d));
subpart. This generally involves testing operation.
(2) Not maintained or used in an
engines in the field or removing them abnormal way; and (g) You may ask us to waive parts of
for measurement in a laboratory. (3) Documented in terms of total the prescribed test procedures if they
(b) We may approve an alternate plan hours of operation, maintenance, are not necessary to determine in-use
for showing that in-use engines comply operating conditions, and storage. compliance.
with the requirements of this part if one (c) Use the following methods to (h) Calculate the average emission
of the following is true: determine the number of engines you levels for an engine family from the
must test in each engine family: results for the set of tested engines.
(1) You produce 200 or fewer engines
(1) Test at least two engines if you Round them to the number of decimal
per year in the selected engine family.
produce 2,000 or fewer engines in the places in the emission standards
(2) Removing the engine from most of expressed to one more decimal place.
model year from all engine families, or
the applications for that engine family
if you produce 500 or fewer engines
causes significant, irreparable damage to § 1048.415 What happens if in-use engines
from the selected engine family. do not meet requirements?
the equipment.
Otherwise, test at least four engines.
(3) You identify a unique aspect of (2) If you successfully complete an in- (a) Determine the reason each in-use
your engine applications that keeps you use test program on an engine family engine exceeds the emission standards.
from doing the required in-use testing. and later certify an equivalent engine (b) If the average emission levels
(c) We may void your certificate of family with carryover emission data, as calculated in § 1048.410(h) exceed any
conformity for an engine family if you described in § 1048.235(c), then test at of the emission standards that apply,
do not meet your obligations under this least one engine instead of the testing notify us within fifteen days of
part. rates in paragraph (c)(1) of this section. completing testing on this family.
(d) Independent of your responsibility (3) If you test the minimum required Otherwise follow the reporting
to test in-use engines, we may choose at number of engines and all comply fully instructions in § 1048.420.
any time to do our own testing of your with emission standards, you may stop (c) We will consider failure rates,
in-use engines. testing. average emission levels, and any
(e) If in-use testing shows that engines (4) For each engine that fails any defects—among other things—to decide
fail to meet emission standards or other applicable standard, test two more. on taking remedial action under this
requirements of this part, we may Regardless of measured emission levels, subpart (see 40 CFR 1068.505). We may
pursue a recall or other remedy as you do not have to test more than ten consider the results from any voluntary
allowed by the Act (see § 1048.415). engines in an engine family. You may additional testing you conduct. We may
do more tests than we require. also consider information related to
§ 1048.405 How does this program work? (5) You may concede that the engine testing from other engine families
(a) You must test in-use engines, for family does not comply before testing a showing that you designed them to
exhaust emissions, from the families we total of ten engines. exceed the minimum requirements for
(d) You may do minimal maintenance controlling emissions. We may order a
select. We may select up to 25 percent
to set components of a test engine to recall before or after you complete
of your engine families in any model
specifications for anything we do not testing of an engine family if we
year—or one engine family if you have
consider an adjustable parameter (see determine a substantial number of
three or fewer families. We will select
§ 1048.205(p)). Limit maintenance to engines do not conform to section 213
engine families for testing before the
what is in the owner’s instructions for of the Act or to this part.
end of the model year. When we select
engines with that amount of service and
an engine family for testing, we may (d) If in-use testing reveals a design or
age. Document all maintenance and
specify that you preferentially test manufacturing defect that prevents
adjustments.
engines based on fuel type or equipment engines from meeting the requirements
(e) Do at least one valid exhaust
type. In addition, we may identify of this part, you must correct the defect
emission test for each test engine.
specific modes of operation or sampling (f) For a test program on an engine as soon as possible for any future
times. You may choose to test additional family, choose one of the following production for engines in every family
engine families that we do not select. methods to test your engines: affected by the defect.
(b) Send us an in-use testing plan (1) Remove the selected engines for (e) You may voluntarily recall an
within 12 calendar months after we testing in a laboratory. Use the engine family for emission failures, as
direct you to test a particular engine applicable steady-state and transient described in 40 CFR 1068.535, unless
family. Complete the testing within 24 procedures in subpart F of this part to we have ordered a recall for that family
calendar months after we approve your show compliance with the duty-cycle under 40 CFR 1068.505.
plan. standards in § 1048.101(a) and (b). We (f) You have the right to a hearing
(c) You may need to test engines from may direct you to measure emissions on before we order you to recall your
more than one model year at a given the dynamometer using the engines or implement an alternative
time. supplemental test procedures in remedy (see § 1048.820).
§ 1048.420 What in-use testing information § 1048.425 What records must I keep? (d) To test engines for evaporative
must I report to EPA? (a) Organize and maintain your emissions, use the equipment and
(a) In a report to us within three records as described in this section. We procedures specified for testing diurnal
months after you finish testing an may review your records at any time, so emissions in 40 CFR 86.107–96 and
engine family, do all the following: it is important to keep required 86.133–96 with fuel meeting the
(1) Identify the engine family, model, information readily available. specifications in 40 CFR part 1065,
serial number, and date of manufacture. (b) Keep paper records of your in-use subpart C. Measure emissions from a
(2) For each engine inspected or testing for one full year after you test engine with a complete fuel system.
considered for testing, identify whether complete all the testing required for an Reported emission levels must be based
the diagnostic system was functioning. engine family in a model year. You may on the highest emissions from three
(3) Describe the specific reasons for use any additional storage formats or successive 24-hour periods of cycling
disqualifying any engines for not being media if you like. temperatures. Note that you may not be
(c) Keep a copy of the written reports required to test for evaporative
properly maintained or used.
described in § 1048.420. emissions during certification if you
(4) For each engine selected for (d) Keep any additional records
testing, include the following certify by design, as specified in
related to the procurement process. § 1048.245.
information:
(i) Estimate the hours each engine was Subpart F—Test Procedures (e) You may use special or alternate
used before testing. procedures, as described in 40 CFR
§ 1048.501 What procedures must I use to 1065.10.
(ii) Describe all maintenance, test my engines?
adjustments, modifications, and repairs (f) We may reject data you generate
to each test engine. (a) Use the equipment and procedures
using alternate procedures if later
for spark-ignition engines in 40 CFR
(5) State the date and time of each test testing with the procedures in 40 CFR
part 1065 to show your engines meet the
attempt. part 1065 shows contradictory emission
duty-cycle emission standards in
(6) Include the results of all emission § 1048.101(a) and (b). Measure HC, NOX, data.
testing, including incomplete or CO, and CO2 emissions using the full- § 1048.505 What steady-state duty cycles
invalidated tests, if any. flow dilute sampling procedures in 40 apply for laboratory testing?
(b) Send electronic reports of in-use CFR part 1065. Use the applicable duty
testing to the Designated Officer using cycles in §§ 1048.505 and 1048.510. (a) Measure emissions by testing the
an approved information format. If you (b) We describe in § 1048.515 the engine on a dynamometer with one or
want to use a different format, send us supplemental procedures for showing more of the following sets of steady-
a written request with justification for a that your engines meet the field-testing state duty cycles to show that the engine
waiver. emission standards in § 1048.101(c). meets the steady-state standards in
(c) We will send copies of your (c) Use the fuels specified in 40 CFR § 1048.101(b):
reports to anyone from the public who part 1065, subpart C, for all the testing (1) Use the 7-mode duty cycle
asks for them. See § 1048.815 for we require in this part, except as noted described in the following table for
information on how we treat in § 1048.515. Use these test fuels or any engines from an engine family that will
information you consider confidential. commercially available fuel for service be used only in variable-speed
(d) We may ask for more information. accumulation. applications:
TABLE 1 OF § 1048.505—7-MODE DUTY CYCLE 1

Minimum
Observed time in Weighting
Mode No. Engine speed torque 2 mode factors
(minutes)
1 .................................................. Maximum test speed ...................................................................... 25 3.0 0.06

2 .................................................. Intermediate test speed .................................................................. 100 3.0 0.02
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

Minimum
time in Weighting
Mode No. Engine speed Torque 2 mode factors
(minutes)
1 .................................................. Maximum test ................................................................................. 100 3.0 0.05

2 .................................................. Maximum test ................................................................................. 75 3.0 0.25
3 .................................................. Maximum test ................................................................................. 50 3.0 0.30
TABLE 2 OF § 1048.505—5-MODE DUTY CYCLE FOR CONSTANT-SPEED ENGINES 1

Minimum
time in Weighting
(minutes)
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

Minimum
time in Weighting
(minutes)
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 transient duty-cycle described in as soon as possible after engine starting.
it meets the duty-cycle emission Appendix I of this part. In your application for certification,
standards, we will use the steady-state (2) For all other engines, use the describe how your engine meets this
duty cycles that apply for that engine transient duty-cycle described in objective (see § 1048.205(b)).
family. Appendix II of this part.
(b) If we test an engine to confirm that § 1048.515 Field-testing procedures.
(c) During idle mode, operate the
engine with the following parameters: it meets the duty-cycle emission (a) This section describes the
(1) Hold the speed within your standards, we will use the transient procedures to determine whether your
specifications. duty cycle that applies for that engine engines meet the field-testing emission
(2) Keep the throttle at the idle-stop family. standards in § 1048.101(c). These
(c) Warm up the test engine as procedures may include any normal
position.
follows: engine operation and ambient
(3) Keep engine torque under 5 (1) Operate the engine for the first 180
percent of the peak torque value at conditions that the engines may
seconds of the appropriate duty cycle, experience in use. Paragraph (b) of this
maximum test speed. then allow it to idle without load for 30
(d) For the full-load operating mode, section defines the limits of what we
seconds. At the end of the 30-second will consider normal engine operation
operate the engine at wide-open throttle. idling period, start measuring emissions and ambient conditions. Use the test
(e) See 40 CFR part 1065 for detailed as the engine operates over the procedures we specify in § 1048.501,
specifications of tolerances and prescribed duty cycle. For severe-duty except for the provisions we specify in
calculations. engines, this engine warm-up procedure this section. Measure emissions with
(f) In the normal test sequence may include up to 15 minutes of one of the following procedures:
described in 40 CFR part 1065, subpart operation over the appropriate duty
F, steady-state testing generally follows cycle. (1) Remove the selected engines for
the transient test. For those cases where (2) If the engine was already operating testing in a laboratory. You can use an
we do not require transient testing, before a test, use good engineering engine dynamometer to simulate normal
perform the steady-state test after an judgment to let the engine cool down operation, as described in this section.
appropriate warm-up period, consistent enough so measured emissions during (2) Test the selected engines while
with good engineering judgment. the next test will accurately represent they remain installed in the equipment.
those from an engine starting at room In 40 CFR part 1065, subpart J, we
§ 1048.510 What transient duty cycles temperature. For example, if an engine describe the equipment and sampling
apply for laboratory testing? methods for testing engines in the field.
starting at room temperature warms up
(a) Starting with the 2007 model year, enough in three minutes to start closed- Use fuel meeting the specifications of 40
measure emissions by testing the engine loop operation and achieve full catalyst CFR 1065.210 or a fuel typical of what
on a dynamometer with one of the activity, then minimal engine cooling is you would expect the engine to use in
following transient duty cycles to show necessary before starting the next test. service.
that the engine meets the transient (3) You are not required to measure (b) An engine’s emissions may not
emission standards in § 1048.101(a): emissions while the engine is warming exceed the levels we specify in
(1) If you certify an engine family for up. However, you must design your § 1048.101(c) for any continuous
constant-speed operation only, use the emission-control system to start working sampling period of at least 120 seconds
under the following ranges of operation (2) Do not make any changes to the (e) If you are the original engine
and operating conditions: certified engine that we could manufacturer of both the highway and
(1) Engine operation during the reasonably expect to increase its exhaust nonroad versions of an exempted
emission sampling period may include or evaporative emissions. For example, engine, you must send us emission test
any normal operation, subject to the if you make any of the following data on the applicable nonroad duty
following restrictions: changes to one of these engines, you do cycle(s). You may include the data in
(i) Average power must be over 5 not qualify for this exemption: your application for certification or in
percent of maximum brake power. (i) Change any fuel system or your letter requesting the exemption.
(ii) Continuous time at idle must not evaporative system parameters from the (f) If you are the original engine
be greater than 120 seconds. certified configuration (this does not manufacturer of an exempted engine
(iii) The sampling period may not apply to refueling emission controls). that is modified by another company
begin until the engine has reached (ii) Change any other emission-related under this exemption, we may require
stable operating temperatures. For components. you to send us emission test data on the
example, this would exclude engine (iii) Modify or design the engine applicable nonroad duty cycle(s). If we
operation after starting until the cooling system so that temperatures or ask for this data, we will allow a
thermostat starts modulating coolant heat rejection rates are outside the reasonable amount of time to collect it.
original engine manufacturer’s specified (g) The engine exempted under this
temperature.
ranges. section must meet all applicable
(iv) The sampling period may not (3) Demonstrate that fewer than 50
include engine starting. requirements from 40 CFR part 86. This
percent of the engine model’s total sales, applies to engine manufacturers,
(v) For engines that qualify for the from all companies, are used in nonroad
alternate Tier 2 emission standards in equipment manufacturers who use these
applications. engines, and all other persons as if these
§ 1048.101(d), operation at 90 percent or (4) The engine must have the label we
more of maximum power must be less engines were used in a motor vehicle.
require under 40 CFR part 86.
than 10 percent of the total sampling (5) Add a permanent supplemental § 1048.610 What are the provisions for
time. You may request our approval for label to the engine in a position where producing nonroad equipment with engines
a different power threshold. it will remain clearly visible after already certified under the motor-vehicle
(2) Engine testing may occur under installation in the equipment. In your program?
any normal conditions without engine’s emission control information If you are not an engine manufacturer,
correcting measured emission levels, label, do the following: you may produce nonroad equipment
subject to the following restrictions: (i) Include the heading: ‘‘Nonroad from complete or incomplete motor
(i) Barometric pressure must be Engine Emission Control Information’’. vehicles with the motor vehicle engine
between 80.0 and 103.3 kPa (600 and (ii) Include your full corporate name if you meet three criteria:
775 mm Hg). and trademark. (a) The engine or vehicle is certified
(ii) Ambient air temperature must be (iii) State: ‘‘THIS ENGINE WAS to 40 CFR part 86.
between 13° and 35° C. ADAPTED FOR NONROAD USE (b) The engine is not adjusted outside
WITHOUT AFFECTING ITS EMISSION the engine manufacturer’s specifications
Subpart G—Compliance Provisions CONTROLS.’’. (see § 1048.605(c)(2)).
(iv) State the date you finished (c) The engine or vehicle is not
§ 1048.601 What compliance provisions modifying the engine (month and year).
apply to these engines?
modified in any way that may affect its
(6) The original and supplemental emission control. This applies to
Engine and equipment manufacturers, labels must be readily visible after the exhaust and evaporative emission
as well as owners, operators, and engine is installed in the equipment or, controls, but not refueling emission
rebuilders of these engines, and all other if the equipment obscures the engine’s controls.
persons, must observe the requirements emission control information label, the
and prohibitions in 40 CFR part 1068 equipment manufacturer must attach § 1048.615 What are the provisions for
and the requirements of the Act. The duplicate labels, as described in 40 CFR exempting engines designed for lawn and
compliance provisions in this subpart 1068.105. garden applications?
apply only to the engines we regulate in (7) Send the Designated Officer a This section is intended for engines
this part. signed letter by the end of each calendar designed for lawn and garden
year (or less often if we tell you) with applications, but it applies to any
§ 1048.605 What are the provisions for all the following information: engines meeting the size criteria in
exempting engines from the requirements paragraph (a) of this section.
(i) Identify your full corporate name,
of this part if they are already certified
address, and telephone number. (a) If an engine meets all the following
under the motor-vehicle program?
(ii) List the engine models you expect criteria, it is exempt from the
(a) This section applies to you if you to produce under this exemption in the requirements of this part:
are an engine manufacturer. See coming year. (1) The engine must have a total
§ 1048.610 if you are not an engine (iii) State: ‘‘We produce each listed displacement of 1,000 cc or less.
manufacturer. engine model for nonroad application (2) The engine must have a maximum
(b) The only requirements or without making any changes that could brake power of 30 kW or less.
prohibitions from this part that apply to increase its certified emission levels, as (3) The engine must be in an engine
an engine that is exempt under this described in 40 CFR 1048.605.’’. family that has a valid certificate of
section are in this section. (d) If your engines do not meet the conformity showing that it meets
(c) If you meet all the following criteria listed in paragraph (c) of this emission standards for Class II engines
criteria and requirements regarding your section, they will be subject to the under 40 CFR part 90.
new nonroad engine, it is exempt under standards and prohibitions of this part. (b) The only requirements or
this section: Producing these engines without a valid prohibitions from this part that apply to
(1) You must produce it by modifying exemption or certificate of conformity an engine that meets the criteria in
an engine covered by a valid certificate would violate the prohibitions in 40 paragraph (a) of this section are in this
of conformity under 40 CFR part 86. CFR 1068.101. section.
(c) If your engines do not meet the (b) Disregard the limits on adjustable pressure, manifold pressure or vacuum,
criteria listed in paragraph (a) of this parameters in § 1048.115(e), but make or any other parameter to activate,
section, they will be subject to the sure the engines meet emission modulate, delay, or deactivate the
provisions of this part. Producing these standards with normal settings when operation of any part of the emission-
engines without a valid exemption or the engine is using fuel meeting the control system. This also includes any
certificate of conformity would violate specifications of 40 CFR part 1065, other feature that causes in-use
the prohibitions in 40 CFR 1068.101. subpart C. emissions to be higher than those
(d) Engines exempted under this (c) Add the following information to measured under test conditions, except
section are subject to all the the emission control information label as we allow under this part.
requirements affecting engines under 40 specified in § 1048.135: Blue Sky Series engine means an
CFR part 90. The requirements and (1) Include instructions describing engine meeting the requirements of
restrictions of 40 CFR part 90 apply to how to adjust the engine to operate in § 1048.140.
anyone manufacturing these engines, a way that maintains the effectiveness of Brake power means the usable power
anyone manufacturing equipment that the emission-control system. output of the engine, not including
uses these engines, and all other persons (2) State: ‘‘THIS ENGINE IS power required to operate fuel pumps,
in the same manner as if these engines CERTIFIED TO OPERATE IN oil pumps, or coolant pumps.
had a total maximum brake power at or APPLICATIONS USING Broker means any entity that
below 19 kW. NONCOMMERCIAL FUEL. USING IT IN facilitates a trade of emission credits
AN APPLICATION INVOLVING ONLY between a buyer and seller.
§ 1048.620 What are the provisions for COMMERCIAL FUELS MAY BE A Calibration means the set of
exempting large engines fueled by natural specifications and tolerances specific to
VIOLATION OF FEDERAL LAW
gas? a particular design, version, or
SUBJECT TO CIVIL PENALTY.’’.
(a) If an engine meets all the following (d) Keep records to document the application of a component or assembly
criteria, it is exempt from the destinations and quantities of engines capable of functionally describing its
requirements of this part: produced under this section. operation over its working range.
(1) The engine must operate solely on Certification means obtaining a
natural gas. Subpart H—[Reserved] certificate of conformity for an engine
(2) The engine must have maximum family that complies with the emission
brake power 250 kW or higher. Subpart I—Definitions and Other standards and requirements in this part.
(3) The engine must be in an engine Reference Information Compression-ignition means relating
family that has a valid certificate of to a type of reciprocating, internal-
conformity showing that it meets § 1048.801 What definitions apply to this combustion engine that is not a spark-
emission standards for engines of that part?
ignition engine.
power rating under 40 CFR part 89. The following definitions apply to Constant-speed engine means an
(b) The only requirements or this part. The definitions apply to all engine governed to operate at a single
prohibitions from this part that apply to subparts unless we note otherwise. All speed.
an engine that is exempt under this undefined terms have the meaning the Crankcase emissions means airborne
section are in this section. Act gives to them. The definitions substances emitted to the atmosphere
(c) If your engines do not meet the follow: from any part of the engine crankcase’s
criteria listed in paragraph (a) of this Act means the Clean Air Act, as ventilation or lubrication systems. The
section, they will be subject to the amended, 42 U.S.C. 7401 et seq. crankcase is the housing for the
provisions of this part. Producing these Adjustable parameter means any crankshaft and other related internal
engines without a valid exemption or device, system, or element of design that parts.
certificate of conformity would violate someone can adjust (including those Designated Officer means the
the prohibitions in 40 CFR 1068.101. which are difficult to access) and that, Manager, Engine Programs Group
(d) Engines exempted under this if adjusted, may affect emissions or (6405–J), U.S. Environmental Protection
section are subject to all the engine performance during emission Agency, 1200 Pennsylvania Ave.,
requirements affecting engines under 40 testing or normal in-use operation. You Washington, DC 20460.
CFR part 89. The requirements and may ask us to exclude a parameter that Emission-control system means any
restrictions of 40 CFR part 89 apply to is difficult to access if it cannot be device, system, or element of design that
anyone manufacturing these engines, adjusted to affect emissions without controls or reduces the regulated
anyone manufacturing equipment that significantly degrading performance, or emissions from an engine.
uses these engines, and all other persons if you otherwise show us that it will not Emission-data engine means an
in the same manner as if these were be adjusted in a way that affects engine that is tested for certification.
nonroad diesel engines. emissions during in-use operation. Emission-related maintenance means
(e) You may request an exemption Aftertreatment means relating to any maintenance that substantially affects
under this section by submitting an system, component, or technology emissions or is likely to substantially
application for certification for the mounted downstream of the exhaust affect emissions deterioration.
engines under 40 CFR part 89. valve or exhaust port whose design Engine family means a group of
function is to reduce exhaust emissions. engines with similar emission
§ 1048.625 What special provisions apply Aircraft means any vehicle capable of characteristics, as specified in
to engines using noncommercial fuels? sustained air travel above treetop § 1048.230.
If you are unable to meet this part’s heights. Engine manufacturer means the
requirements with engines using All-terrain vehicle has the meaning manufacturer of the engine. See the
noncommercial fuels (such as unrefined we give in 40 CFR 1051.801. definition of ‘‘manufacturer’’ in this
natural gas released by oil wells), the Auxiliary emission-control device section.
following provisions apply for those means any element of design that senses Fuel system means all components
engines: temperature, engine rpm, motive speed, involved in transporting, metering, and
(a) Create a separate engine family. transmission gear, atmospheric mixing the fuel from the fuel tank to the
combustion chamber(s), including the Maximum brake power means the import without conversion or major
fuel tank, fuel tank cap, fuel pump, fuel maximum brake power an engine modification.
filters, fuel lines, carburetor or fuel- produces at maximum test speed. Motor vehicle has the meaning we
injection components, and all fuel- Maximum test speed has the meaning give in 40 CFR 85.1703(a). In general,
system vents. we give in 40 CFR 1065.515. motor vehicle means a self-propelled
Good engineering judgment has the Maximum test torque has the meaning vehicle that can transport one or more
meaning we give in 40 CFR 1068.5. we give in 40 CFR 1065.1001. people or any material, but doesn’t
High-cost warranted part means a Model year means one of the include any of the following:
component covered by the emission- following things: (1) Vehicles having a maximum
(1) For freshly manufactured engines ground speed over level, paved surfaces
related warranty with a replacement
(see definition of ‘‘new nonroad no higher than 40 km per hour (25 miles
cost (at the time of certification)
engine,’’ paragraph (1)), model year per hour).
exceeding $400 (in 1998 dollars). Adjust
means one of the following: (2) Vehicles that lack features usually
this value using the most recent annual
(i) Calendar year. needed for safe, practical use on streets
average consumer price index (ii) Your annual new model or highways—for example, safety
information published by the U.S. production period if it is different than features required by law, a reverse gear
Bureau of Labor Statistics. For this the calendar year. This must include (except for motorcycles), or a
definition, replacement cost includes January 1 of the calendar year for which differential.
the retail cost of the part plus labor and the model year is named. It may not (3) Vehicles whose operation on
standard diagnosis. begin before January 2 of the previous streets or highways would be unsafe,
High-load engine means an engine for calendar year and it must end by impractical, or highly unlikely.
which the engine manufacturer can December 31 of the named calendar Examples are vehicles with tracks
provide clear evidence that operation year. instead of wheels, very large size, or
below 75 percent of maximum load in (2) For an engine that is converted to features associated with military
it’s final application will be rare. a nonroad engine after being placed into vehicles, such as armor or weaponry.
Hydrocarbon (HC) means the service in a motor vehicle, model year New nonroad engine means any of the
hydrocarbon group on which the means the calendar year in which the following things:
emission standards are based for each engine was originally produced (see (1) A freshly manufactured nonroad
fuel type. For gasoline- and LPG-fueled definition of ‘‘new nonroad engine,’’ engine for which the ultimate buyer has
engines, HC means total hydrocarbon paragraph (2)). never received the equitable or legal
(THC). For natural gas-fueled engines, (3) For a nonroad engine excluded title. This kind of vehicle might
HC means nonmethane hydrocarbon under § 1048.5 that is later converted to commonly be thought of as ‘‘brand
(NMHC). For alcohol-fueled engines, HC operate in an application that is not new.’’ In the case of this paragraph (1),
means total hydrocarbon equivalent excluded, model year means the the engine is no longer new when the
(THCE). calendar year in which the engine was ultimate buyer receives this title or the
Identification number means a unique originally produced (see definition of product is placed into service,
specification (for example, model ‘‘new nonroad engine,’’ paragraph (3)). whichever comes first.
number/serial number combination) (4) For engines that are not freshly (2) An engine originally manufactured
that allows someone to distinguish a manufactured but are installed in new as a motor vehicle engine that is later
particular engine from other similar nonroad equipment, model year means intended to be used in a piece of
engines. the calendar year in which the engine is nonroad equipment. In this case, the
Intermediate test speed has the installed in the new nonroad engine is no longer a motor vehicle
meaning we give in 40 CFR 1065.515. equipment. This installation date is engine and becomes a ‘‘new nonroad
Manufacturer has the meaning given based on the time that final assembly of engine’’. The engine is no longer new
in section 216(1) of the Act. In general, the equipment is complete (see when it is placed into nonroad service.
this term includes any person who definition of ‘‘new nonroad engine,’’ (3) A nonroad engine that has been
manufactures an engine, vehicle, or paragraph (4)). previously placed into service in an
piece of equipment for sale in the (5) For an engine modified by an application we exclude under § 1048.5,
United States or otherwise introduces a importer (not the original engine where that engine is installed in a piece
new nonroad engine into commerce in manufacturer) who has a certificate of of equipment for which these exclusions
the United States. This includes conformity for the imported engine (see do not apply. The engine is no longer
importers who import engines, definition of ‘‘new nonroad engine,’’ new when it is placed into nonroad
equipment, or vehicles for resale. paragraph (5)), model year means one of service. For example, this would apply
the following: to a stationary engine that is no longer
Marine engine means an engine that (i) The calendar year in which the used in a stationary application.
someone installs or intends to install on importer finishes modifying and (4) An engine not covered by
a marine vessel. There are two kinds of labeling the engine. paragraphs (1) through (3) of this
marine engines: (ii) Your annual production period for definition that is intended to be
(1) Propulsion marine engine means a producing engines if it is different than installed in new nonroad equipment.
marine engine that moves a vessel the calendar year; follow the guidelines The engine is no longer new when the
through the water or directs the vessel’s in paragraph (1)(ii) of this definition. ultimate buyer receives a title for the
movement. (6) For an engine you import that does equipment or the product is placed into
(2) Auxiliary marine engine means a not meet the criteria in paragraphs (1) service, whichever comes first. This
marine engine not used for propulsion. through (5) of the definition of ‘‘new generally includes installation of used
Marine vessel means a vehicle that is nonroad engine,’’ model year means the engines in new equipment.
capable of operation in water but is not calendar year in which the engine (5) An imported nonroad engine
capable of operation out of water. manufacturer completed the original covered by a certificate of conformity
Amphibious vehicles are not marine assembly of the engine. In general, this issued under this part, where someone
vessels. applies to used equipment that you other than the original engine
manufacturer modifies the engine after Point of first retail sale means the months. A seasonal source is a site with
its initial assembly and holds the location at which the retail sale occurs. engines operating only part of the year
certificate. The engine is no longer new This generally means a dealership. for at least two consecutive years. If you
when it is placed into nonroad service. Revoke means to discontinue the replace an engine with one that does the
(6) An imported nonroad engine that certificate for an engine family. If we same or similar work in the same place,
is not covered by a certificate of revoke a certificate, you must apply for you may apply the previous engine’s
conformity issued under this part at the a new certificate before continuing to service to your calculation for residence
time of importation. This addresses produce the affected vehicles or time. If you move a stationary engine
uncertified engines and vehicles that engines. This does not apply to vehicles anytime in its life after it has been in
have been placed into service in other or engines you no longer possess. place for at least a full year, it becomes
countries and that someone seeks to Round means to round numbers a nonroad engine subject to emission
import into the United States. according to ASTM E29–02 standards unless it stays at the new
Importation of this kind of new nonroad (incorporated by reference in location for a full year.
engine (or vehicle containing such an § 1048.810), unless otherwise specified. Stoichiometry means the proportion
engine) is generally prohibited by 40 Scheduled maintenance means of a mixture of air and fuel such that the
CFR part 1068. adjusting, repairing, removing, fuel is fully oxidized with no remaining
New nonroad equipment means either disassembling, cleaning, or replacing oxygen. For example, stoichiometric
of the following things: components or systems that is combustion in gasoline engines
(1) A nonroad vehicle or other piece periodically needed to keep a part from typically occurs at an air-fuel mass ratio
of equipment for which the ultimate failing or malfunctioning. It also may of about 14.7.
buyer has never received the equitable mean actions you expect are necessary Suspend means to temporarily
or legal title. The product is no longer to correct an overt indication of failure discontinue the certificate for an engine
new when the ultimate buyer receives or malfunction for which periodic family. If we suspend a certificate, you
this title or the product is placed into maintenance is not appropriate. may not sell vehicles or engines from
service, whichever comes first. Severe-duty application includes that engine family unless we reinstate
(2) An imported nonroad piece of concrete saws, concrete pumps, and any the certificate or approve a new one.
equipment with an engine not covered other application where an engine
Test engine means an engine in a test
by a certificate of conformity issued manufacturer can provide clear
sample.
under this part at the time of evidence that the majority of
Test sample means the collection of
importation and manufactured after the installations need air-cooled engines as
engines selected from the population of
date for applying the requirements of a result of operation in a severe-duty
an engine family for emission testing.
this part. environment.
Severe-duty engine means an engine Total hydrocarbon means the
Noncommercial fuel means a fuel that combined mass organic compounds
is not marketed or sold as a commercial from an engine family in which the
majority of engines are installed in measured by our total hydrocarbon test
product. For example, this includes procedure, expressed as a hydrocarbon
methane produced and released from severe-duty applications.
Small-volume engine manufacturer with a hydrogen-to-carbon mass ratio of
landfills or oil wells. 1.85:1.
Noncompliant engine means an means a company with fewer than 200
employees. This includes any Total hydrocarbon equivalent means
engine that was originally covered by a
employees working for parent or the sum of the carbon mass
certificate of conformity, but is not in
subsidiary companies. contributions of non-oxygenated
the certified configuration or otherwise
Snowmobile has the meaning we give hydrocarbons, alcohols and aldehydes,
does not comply with the conditions of
in 40 CFR 1051.801. or other organic compounds that are
the certificate.
Nonconforming engine means an Spark-ignition means relating to a measured separately as contained in a
engine not covered by a certificate of gasoline-fueled engine or any other type gas sample, expressed as petroleum-
conformity that would otherwise be of engine with a spark plug (or other fueled engine hydrocarbons. The
subject to emission standards. sparking device) and with operating hydrogen-to-carbon ratio of the
Nonmethane hydrocarbon means the characteristics significantly similar to equivalent hydrocarbon is 1.85:1.
difference between the emitted mass of the theoretical Otto combustion cycle. Tier 1 means relating to the emission
total hydrocarbons and the emitted mass Spark-ignition engines usually use a standards and other requirements that
of methane. throttle to regulate intake air flow to apply beginning with the 2004 model
Nonroad means relating to nonroad control power during normal operation. year.
engines or equipment that includes Stationary engine means an internal Tier 2 means relating to the emission
nonroad engines. combustion engine that is neither a standards and other requirements that
Nonroad engine has the meaning nonroad engine, nor a motor-vehicle apply beginning with the 2007 model
given in 40 CFR 1068.30. In general this engine, nor an engine used solely for year.
means all internal-combustion engines competition (see the definition of Ultimate buyer means ultimate
except motor vehicle engines, stationary nonroad engine in 40 CFR 1068.30). In purchaser.
engines, or engines used solely for general this includes fixed engines and Ultimate purchaser means, with
competition. This part does not apply to all portable or transportable engines that respect to any new nonroad equipment
all nonroad engines (see § 1048.5). stay in a single site at a building, or new nonroad engine, the first person
Off-highway motorcycle has the structure, facility, or installation for at who in good faith purchases such new
meaning we give in 40 CFR 1051.801. least a full year; this does not include nonroad equipment or new nonroad
(Note: highway motorcycles are an engine installed in equipment that engine for purposes other than resale.
regulated under 40 CFR part 86.) has the ability to propel itself. For year- United States means the States, the
Oxides of nitrogen has the meaning round sources, a full year is 12 District of Columbia, the
given it in 40 CFR part 1065 consecutive months. For seasonal Commonwealth of Puerto Rico, the
Placed into service means used for its sources, a full year is a full annual Commonwealth of the Northern Mariana
intended purpose. operating period of at least three Islands, Guam, American Samoa, the
U.S. Virgin Islands, and the Trust not produce any additional vehicles psi pounds per square inch of absolute
Territory of the Pacific Islands. using the voided exemption. pressure.
Upcoming model year means for an psig pounds per square inch of gauge
Volatile liquid fuel means any fuel
engine family the model year after the pressure.
other than diesel or biodiesel that is a rpm revolutions per minute.
one currently in production. liquid at atmospheric pressure. SAE Society of Automotive Engineers.
U.S.-directed production volume
Wide-open throttle means maximum SI spark-ignition.
means the number of engine units,
throttle opening. Unless this is specified THC total hydrocarbon.
subject to the requirements of this part, THCE total hydrocarbon equivalent.
at a given speed, it refers to maximum
produced by a manufacturer for which U.S.C. United States Code.
throttle opening at maximum speed. For
the manufacturer has a reasonable
electronically controlled or other
assurance that sale was or will be made § 1048.810 What materials does this part
engines with multiple possible fueling
to ultimate buyers in the United States. reference?
Useful life means the period during rates, wide-open throttle also means the
which the engine is designed to maximum fueling rate at maximum We have incorporated by reference
properly function in terms of reliability throttle opening under test conditions. the documents listed in this section.
and fuel consumption, without being The Director of the Federal Register
§ 1048.805 What symbols, acronyms, and approved the incorporation by reference
remanufactured, specified as a number abbreviations does this part use?
of hours of operation or calendar years. as prescribed in 5 U.S.C. 552(a) and 1
The following symbols, acronyms, CFR part 51. Anyone may inspect copies
It is the period during which a new
and abbreviations apply to this part: at the U.S. EPA, Air and Radiation
nonroad engine is required to comply
with all applicable emission standards. ° C degrees Celsius. Docket and Information Center, 1301
See § 1048.101(g). ASTM American Society for Testing and Constitution Ave., NW., Room B102,
Variable-speed engine means an Materials. EPA West Building, Washington, DC
engine that is not a constant-speed cc cubic centimeters. 20460 or the Office of the Federal
CFR Code of Federal Regulations. Register, 800 N. Capitol St., NW., 7th
engine. cm centimeter.
Void means to invalidate a certificate Floor, Suite 700, Washington, DC.
CO carbon monoxide.
or an exemption. If we void a certificate, CO2 carbon dioxide. (a) ASTM material. Table 1 of
all the vehicles produced under that EPA Environmental Protection Agency. § 1048.810 lists material from the
engine family for that model year are g/kW-hr grams per kilowatt-hour. American Society for Testing and
considered noncompliant, and you are HC hydrocarbon. Materials that we have incorporated by
liable for each vehicle produced under ISO International Organization for reference. The first column lists the
the certificate and may face civil or Standardization. number and name of the material. The
criminal penalties or both. If we void an kPa kilopascals. second column lists the sections of this
exemption, all the vehicles produced kW kilowatts. part where we reference it. Anyone may
LPG liquefied petroleum gas.
under that exemption are considered m meters.
purchase copies of these materials from
uncertified (or nonconforming), and you MIL malfunction-indicator light. the American Society for Testing and
are liable for each vehicle produced mm Hg millimeters of mercury. Materials, 100 Barr Harbor Dr., West
under the exemption and may face civil NMHC nonmethane hydrocarbons. Conshohocken, PA 19428. Table 1
or criminal penalties or both. You may NOX oxides of nitrogen (NO and NO2). follows:
TABLE 1 OF § 1048.810.—ASTM MATERIALS

Part 1048
Document number and name 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 first column lists the number and name copies of these materials from the
§ 1048.810 lists material from the of the material. The second column lists Society of Automotive Engineers, 400
Society of Automotive Engineering that the sections of this part where we Commonwealth Drive, Warrendale, PA
we have incorporated by reference. The reference it. Anyone may purchase 15096. Table 2 follows:
TABLE 2 OF § 1048.810.—SAE MATERIALS

Part 1048
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 of the material. The second column lists Standardization, Case Postale 56, CH–
lists material from the International the section of this part where we 1211 Geneva 20, Switzerland. Table 3
Organization for Standardization that reference it. Anyone may purchase follows:
we have incorporated by reference. The copies of these materials from the
first column lists the number and name International Organization for
TABLE 3 OF § 1048.810.—ISO MATERIALS

Part 1048
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 Normalized Normalized Normalized Normalized

keep my information confidential? Time(s) speed torque Time(s) speed torque
(a) Clearly show what you consider (percent) (percent) (percent) (percent)
confidential by marking, circling,
bracketing, stamping, or some other 27 .................. 93 23 87 .................. 95 25
28 .................. 93 24 88 .................. 95 17
method. We will store your confidential 29 .................. 93 21 89 .................. 95 13
information as described in 40 CFR part 30 .................. 93 20 90 .................. 95 10
2. Also, we will disclose it only as 31 .................. 93 18 91 .................. 95 9
specified in 40 CFR part 2. 32 .................. 93 16 92 .................. 95 8
(b) If you send us a second copy 33 .................. 93 18 93 .................. 95 7
without the confidential information, 34 .................. 93 16 94 .................. 95 7
we will assume it contains nothing 35 .................. 93 17 95 .................. 95 6
confidential whenever we need to 36 .................. 93 20 96 .................. 95 6
37 .................. 93 20 97 .................. 93 37
release information from it. 38 .................. 93 22 98 .................. 93 35
(c) If you send us information without 39 .................. 93 20 99 .................. 93 29
claiming it is confidential, we may make 40 .................. 93 17 100 ................ 93 23
it available to the public without further 41 .................. 93 17 101 ................ 93 23
notice to you, as described in 40 CFR 42 .................. 93 17 102 ................ 93 21
2.204. 43 .................. 93 16 103 ................ 93 20
44 .................. 93 18 104 ................ 93 29
§ 1048.820 How do I request a hearing? 45 .................. 93 18 105 ................ 93 27
See 40 CFR part 1068, subpart G, for 46 .................. 93 21 106 ................ 93 26
information related to hearings. 47 .................. 93 21 107 ................ 93 35
48 .................. 93 18 108 ................ 93 43
Appendix I to Part 1048—Large Spark- 49 .................. 94 24 109 ................ 95 35
ignition (SI) Transient Cycle for 50 .................. 93 28 110 ................ 95 24
Constant-Speed Engines 51 .................. 93 23 111 ................ 95 17
52 .................. 93 19 112 ................ 95 13
The following table shows the 53 .................. 93 20 113 ................ 95 10
transient duty-cycle for constant-speed 54 .................. 93 20 114 ................ 95 9
engines, as described in § 1048.510: 55 .................. 93 29 115 ................ 95 8
56 .................. 93 23 116 ................ 95 7
Normalized Normalized 57 .................. 93 25 117 ................ 95 7
Time(s) speed torque 58 .................. 93 23 118 ................ 95 6
(percent) (percent) 59 .................. 93 23 119 ................ 93 36
60 .................. 93 23 120 ................ 93 30
1 .................... 58 5 61 .................. 93 22 121 ................ 93 25
2 .................... 58 5 62 .................. 93 21 122 ................ 93 21
3 .................... 58 5 63 .................. 93 22 123 ................ 93 22
4 .................... 58 5 64 .................. 93 30 124 ................ 93 19
5 .................... 58 5 65 .................. 93 33 125 ................ 93 34
6 .................... 58 5 66 .................. 93 25 126 ................ 93 36
7 .................... 58 5 67 .................. 93 29 127 ................ 93 31
8 .................... 58 5 68 .................. 93 27 128 ................ 93 26
9 .................... 58 5 69 .................. 93 23 129 ................ 93 27
10 .................. 58 5 70 .................. 93 21 130 ................ 93 22
11 .................. 58 5 71 .................. 93 21 131 ................ 93 22
12 .................. 65 8 72 .................. 93 19 132 ................ 93 18
13 .................. 72 9 73 .................. 93 20 133 ................ 93 18
14 .................. 79 12 74 .................. 93 24 134 ................ 93 19
15 .................. 86 14 75 .................. 93 23 135 ................ 93 19
16 .................. 93 16 76 .................. 93 21 136 ................ 93 23
17 .................. 93 16 77 .................. 93 44 137 ................ 93 22
18 .................. 93 16 78 .................. 93 34 138 ................ 93 20
19 .................. 93 16 79 .................. 93 28 139 ................ 93 23
20 .................. 93 16 80 .................. 93 37 140 ................ 93 20
21 .................. 93 16 81 .................. 93 29 141 ................ 93 18
22 .................. 93 16 82 .................. 93 27 142 ................ 93 18
23 .................. 93 16 83 .................. 93 33 143 ................ 93 16
24 .................. 93 31 84 .................. 93 28 144 ................ 93 19
25 .................. 93 30 85 .................. 93 22 145 ................ 94 25
26 .................. 93 27 86 .................. 96 30 146 ................ 93 30
Normalized Normalized Normalized Normalized Normalized Normalized

Time(s) speed torque Time(s) speed torque Time(s) speed torque
(percent) (percent) (percent) (percent) (percent) (percent)
147 ................ 93 29 219 ................ 93 21 291 ................ 93 27

148 ................ 93 23 220 ................ 93 23 292 ................ 93 23
149 ................ 93 24 221 ................ 93 23 293 ................ 93 23
150 ................ 93 22 222 ................ 93 23 294 ................ 93 20
151 ................ 94 20 223 ................ 93 23 295 ................ 93 20
152 ................ 93 17 224 ................ 93 23 296 ................ 93 23
153 ................ 93 16 225 ................ 93 22 297 ................ 93 23
154 ................ 93 16 226 ................ 93 22 298 ................ 93 24
155 ................ 93 15 227 ................ 93 24 299 ................ 93 25
156 ................ 93 17 228 ................ 93 23 300 ................ 93 20
157 ................ 93 18 229 ................ 93 23 301 ................ 93 25
158 ................ 93 20 230 ................ 93 21 302 ................ 93 23
159 ................ 93 21 231 ................ 93 20 303 ................ 93 23
160 ................ 93 18 232 ................ 93 20 304 ................ 93 24
161 ................ 93 17 233 ................ 93 20 305 ................ 93 28
162 ................ 92 54 234 ................ 93 22 306 ................ 93 23
163 ................ 93 38 235 ................ 93 26 307 ................ 93 24
164 ................ 93 29 236 ................ 93 22 308 ................ 93 34
165 ................ 93 24 237 ................ 93 20 309 ................ 93 31
166 ................ 93 24 238 ................ 93 18 310 ................ 93 35
167 ................ 93 24 239 ................ 93 22 311 ................ 93 31
168 ................ 93 23 240 ................ 93 20 312 ................ 93 32
169 ................ 93 20 241 ................ 94 27 313 ................ 93 31
170 ................ 93 20 242 ................ 93 22 314 ................ 93 30
171 ................ 93 18 243 ................ 93 23 315 ................ 93 23
172 ................ 93 19 244 ................ 93 21 316 ................ 93 23
173 ................ 93 19 245 ................ 93 22 317 ................ 93 36
174 ................ 93 16 246 ................ 95 22 318 ................ 93 32
175 ................ 93 16 247 ................ 95 16 319 ................ 93 25
176 ................ 93 16 248 ................ 95 12 320 ................ 93 31
177 ................ 93 18 249 ................ 95 10 321 ................ 93 33
178 ................ 93 21 250 ................ 95 9 322 ................ 93 31
179 ................ 93 20 251 ................ 95 8 323 ................ 93 27
180 ................ 93 20 252 ................ 96 7 324 ................ 93 24
181 ................ 93 17 253 ................ 95 7 325 ................ 93 19
182 ................ 93 19 254 ................ 95 6 326 ................ 96 21
183 ................ 93 17 255 ................ 92 42 327 ................ 96 16
184 ................ 93 18 256 ................ 93 36 328 ................ 95 12
185 ................ 93 16 257 ................ 93 33 329 ................ 95 10
186 ................ 93 16 258 ................ 92 60 330 ................ 95 8
187 ................ 93 16 259 ................ 93 48 331 ................ 95 8
188 ................ 93 17 260 ................ 93 36 332 ................ 95 7
189 ................ 93 16 261 ................ 93 30 333 ................ 95 7
190 ................ 93 17 262 ................ 93 28 334 ................ 95 6
191 ................ 93 18 263 ................ 93 24 335 ................ 95 6
192 ................ 93 17 264 ................ 93 24 336 ................ 95 6
193 ................ 93 16 265 ................ 93 23 337 ................ 87 6
194 ................ 93 17 266 ................ 93 23 338 ................ 57 6
195 ................ 93 17 267 ................ 93 25 339 ................ 58 6
196 ................ 93 22 268 ................ 93 27 340 ................ 58 6
197 ................ 93 19 269 ................ 93 29 341 ................ 58 6
198 ................ 93 19 270 ................ 93 26 342 ................ 58 6
199 ................ 95 21 271 ................ 93 26 343 ................ 58 6
200 ................ 95 16 272 ................ 93 21 344 ................ 58 6
201 ................ 95 12 273 ................ 93 23 345 ................ 58 6
202 ................ 95 10 274 ................ 93 23 346 ................ 58 6
203 ................ 96 8 275 ................ 94 23 347 ................ 58 6
204 ................ 96 7 276 ................ 93 40 348 ................ 58 6
205 ................ 95 7 277 ................ 94 67 349 ................ 58 6
206 ................ 96 7 278 ................ 93 46 350 ................ 58 6
207 ................ 95 6 279 ................ 93 38 351 ................ 58 6
208 ................ 96 6 280 ................ 93 29 352 ................ 95 73
209 ................ 96 6 281 ................ 93 28 353 ................ 93 65
210 ................ 88 6 282 ................ 93 27 354 ................ 93 52
211 ................ 89 48 283 ................ 93 29 355 ................ 93 38
212 ................ 93 34 284 ................ 93 28 356 ................ 93 30
213 ................ 93 27 285 ................ 94 34 357 ................ 93 31
214 ................ 93 26 286 ................ 93 31 358 ................ 93 26
215 ................ 93 25 287 ................ 93 30 359 ................ 93 21
216 ................ 93 22 288 ................ 94 42 360 ................ 93 22
217 ................ 93 23 289 ................ 93 31 361 ................ 93 26
218 ................ 93 21 290 ................ 93 29 362 ................ 93 23

363 ................ 93 19 435 ................ 58 6 507 ................ 93 18

364 ................ 93 27 436 ................ 58 6 508 ................ 93 21
365 ................ 93 42 437 ................ 58 6 509 ................ 95 18
366 ................ 93 29 438 ................ 58 6 510 ................ 95 20
367 ................ 94 25 439 ................ 58 6 511 ................ 95 15
368 ................ 94 26 440 ................ 58 6 512 ................ 96 11
369 ................ 94 29 441 ................ 58 6 513 ................ 95 10
370 ................ 93 28 442 ................ 58 6 514 ................ 96 8
371 ................ 93 23 443 ................ 93 66 515 ................ 95 7
372 ................ 93 21 444 ................ 93 48 516 ................ 95 7
373 ................ 93 26 445 ................ 93 40 517 ................ 95 7
374 ................ 93 23 446 ................ 93 34 518 ................ 95 6
375 ................ 93 20 447 ................ 93 28 519 ................ 96 6
376 ................ 94 23 448 ................ 93 23 520 ................ 96 6
377 ................ 93 18 449 ................ 93 28 521 ................ 83 6
378 ................ 93 19 450 ................ 93 27 522 ................ 56 6
379 ................ 93 23 451 ................ 93 23 523 ................ 58 6
380 ................ 93 19 452 ................ 93 19 524 ................ 72 54
381 ................ 93 16 453 ................ 93 25 525 ................ 94 51
382 ................ 93 25 454 ................ 93 24 526 ................ 93 42
383 ................ 93 22 455 ................ 93 22 527 ................ 93 42
384 ................ 93 20 456 ................ 93 31 528 ................ 93 31
385 ................ 93 25 457 ................ 93 36 529 ................ 93 25
386 ................ 94 28 458 ................ 93 28 530 ................ 93 21
387 ................ 93 23 459 ................ 93 25 531 ................ 93 17
388 ................ 93 23 460 ................ 93 35 532 ................ 93 15
389 ................ 93 25 461 ................ 93 34 533 ................ 93 15
390 ................ 93 23 462 ................ 93 29 534 ................ 93 16
391 ................ 93 20 463 ................ 93 37 535 ................ 93 15
392 ................ 93 19 464 ................ 93 36 536 ................ 93 14
393 ................ 93 24 465 ................ 93 38 537 ................ 93 15
394 ................ 93 20 466 ................ 93 31 538 ................ 93 16
395 ................ 93 18 467 ................ 93 29 539 ................ 94 15
396 ................ 93 21 468 ................ 93 34 540 ................ 93 45
397 ................ 95 22 469 ................ 93 36 541 ................ 93 45
398 ................ 96 16 470 ................ 93 34 542 ................ 93 41
399 ................ 96 12 471 ................ 93 31 543 ................ 93 33
400 ................ 95 10 472 ................ 93 26 544 ................ 93 26
401 ................ 96 9 473 ................ 93 21 545 ................ 93 21
402 ................ 95 8 474 ................ 94 16 546 ................ 93 20
403 ................ 96 7 475 ................ 96 19 547 ................ 93 17
404 ................ 96 7 476 ................ 96 15 548 ................ 93 16
405 ................ 96 6 477 ................ 95 11 549 ................ 93 17
406 ................ 96 6 478 ................ 96 10 550 ................ 93 16
407 ................ 95 6 479 ................ 95 8 551 ................ 93 14
408 ................ 91 6 480 ................ 95 7 552 ................ 93 16
409 ................ 58 6 481 ................ 95 7 553 ................ 93 15
410 ................ 58 6 482 ................ 96 7 554 ................ 93 14
411 ................ 58 6 483 ................ 96 6 555 ................ 93 16
412 ................ 58 6 484 ................ 96 6 556 ................ 93 15
413 ................ 58 6 485 ................ 95 6 557 ................ 93 14
414 ................ 58 6 486 ................ 85 6 558 ................ 93 13
415 ................ 58 6 487 ................ 56 74 559 ................ 93 14
416 ................ 58 6 488 ................ 93 52 560 ................ 93 14
417 ................ 58 6 489 ................ 93 42 561 ................ 93 15
418 ................ 58 6 490 ................ 93 36 562 ................ 93 17
419 ................ 58 6 491 ................ 93 35 563 ................ 93 17
420 ................ 58 6 492 ................ 93 33 564 ................ 93 22
421 ................ 58 6 493 ................ 93 38 565 ................ 93 22
422 ................ 58 6 494 ................ 93 40 566 ................ 93 19
423 ................ 58 6 495 ................ 93 29 567 ................ 93 19
424 ................ 58 6 496 ................ 93 23 568 ................ 93 20
425 ................ 58 6 497 ................ 93 23 569 ................ 93 18
426 ................ 58 6 498 ................ 93 24 570 ................ 93 20
427 ................ 58 6 499 ................ 93 24 571 ................ 93 20
428 ................ 58 6 500 ................ 93 20 572 ................ 93 42
429 ................ 58 6 501 ................ 93 19 573 ................ 93 32
430 ................ 58 6 502 ................ 93 16 574 ................ 93 25
431 ................ 58 6 503 ................ 93 21 575 ................ 93 26
432 ................ 58 6 504 ................ 93 23 576 ................ 93 23
433 ................ 58 6 505 ................ 93 24 577 ................ 93 21
434 ................ 58 6 506 ................ 93 22 578 ................ 93 23

579 ................ 93 19 651 ................ 95 29 723 ................ 98 20

580 ................ 93 21 652 ................ 95 26 724 ................ 98 14
581 ................ 93 20 653 ................ 95 31 725 ................ 98 11
582 ................ 93 20 654 ................ 95 34 726 ................ 98 9
583 ................ 93 20 655 ................ 95 29 727 ................ 98 8
584 ................ 93 18 656 ................ 95 29 728 ................ 98 7
585 ................ 93 18 657 ................ 95 30 729 ................ 98 6
586 ................ 93 21 658 ................ 95 24 730 ................ 98 6
587 ................ 93 19 659 ................ 95 19 731 ................ 98 6
588 ................ 93 21 660 ................ 95 23 732 ................ 98 5
589 ................ 93 19 661 ................ 95 21 733 ................ 98 5
590 ................ 93 19 662 ................ 95 22 734 ................ 73 6
591 ................ 93 18 663 ................ 95 19 735 ................ 49 5
592 ................ 93 18 664 ................ 95 18 736 ................ 50 77
593 ................ 93 17 665 ................ 95 20 737 ................ 95 39
594 ................ 93 16 666 ................ 94 60 738 ................ 95 30
595 ................ 93 16 667 ................ 95 48 739 ................ 95 28
596 ................ 93 15 668 ................ 95 39 740 ................ 94 31
597 ................ 93 16 669 ................ 95 36 741 ................ 95 36
598 ................ 93 19 670 ................ 95 27 742 ................ 95 36
599 ................ 93 52 671 ................ 95 22 743 ................ 95 30
600 ................ 93 45 672 ................ 95 19 744 ................ 95 26
601 ................ 95 39 673 ................ 95 22 745 ................ 95 27
602 ................ 95 39 674 ................ 95 19 746 ................ 95 22
603 ................ 95 39 675 ................ 94 17 747 ................ 95 18
604 ................ 95 39 676 ................ 95 27 748 ................ 95 19
605 ................ 94 30 677 ................ 95 24 749 ................ 95 25
606 ................ 95 30 678 ................ 98 19 750 ................ 94 25
607 ................ 95 29 679 ................ 98 19 751 ................ 95 21
608 ................ 95 24 680 ................ 98 14 752 ................ 95 22
609 ................ 94 30 681 ................ 98 11 753 ................ 95 27
610 ................ 95 28 682 ................ 98 9 754 ................ 95 27
611 ................ 94 25 683 ................ 98 8 755 ................ 95 27
612 ................ 94 29 684 ................ 98 7 756 ................ 95 24
613 ................ 95 32 685 ................ 98 6 757 ................ 94 20
614 ................ 95 33 686 ................ 98 6 758 ................ 94 23
615 ................ 95 44 687 ................ 98 6 759 ................ 94 26
616 ................ 99 37 688 ................ 98 6 760 ................ 95 25
617 ................ 98 27 689 ................ 98 5 761 ................ 95 25
618 ................ 98 19 690 ................ 81 5 762 ................ 95 21
619 ................ 98 13 691 ................ 49 5 763 ................ 95 28
620 ................ 98 11 692 ................ 78 48 764 ................ 94 39
621 ................ 98 9 693 ................ 95 37 765 ................ 95 32
622 ................ 98 7 694 ................ 95 31 766 ................ 95 24
623 ................ 98 7 695 ................ 94 32 767 ................ 95 19
624 ................ 98 6 696 ................ 94 34 768 ................ 98 20
625 ................ 98 6 697 ................ 95 29 769 ................ 98 17
626 ................ 98 6 698 ................ 95 25 770 ................ 98 12
627 ................ 98 5 699 ................ 94 26 771 ................ 98 10
628 ................ 69 6 700 ................ 95 28 772 ................ 98 8
629 ................ 49 5 701 ................ 95 27 773 ................ 98 7
630 ................ 51 5 702 ................ 94 28 774 ................ 98 6
631 ................ 51 5 703 ................ 95 30 775 ................ 98 6
632 ................ 51 5 704 ................ 95 27 776 ................ 95 61
633 ................ 51 6 705 ................ 95 26 777 ................ 94 51
634 ................ 51 6 706 ................ 95 27 778 ................ 95 40
635 ................ 51 6 707 ................ 95 25 779 ................ 94 35
636 ................ 51 6 708 ................ 95 26 780 ................ 94 36
637 ................ 51 5 709 ................ 95 25 781 ................ 94 32
638 ................ 51 5 710 ................ 95 23 782 ................ 95 24
639 ................ 51 5 711 ................ 95 20 783 ................ 94 19
640 ................ 51 5 712 ................ 95 23 784 ................ 94 19
641 ................ 51 6 713 ................ 95 20 785 ................ 95 19
642 ................ 51 6 714 ................ 95 18 786 ................ 95 19
643 ................ 51 6 715 ................ 94 22 787 ................ 94 18
644 ................ 51 6 716 ................ 95 19 788 ................ 94 20
645 ................ 51 5 717 ................ 95 23 789 ................ 94 23
646 ................ 51 6 718 ................ 95 27 790 ................ 94 22
647 ................ 51 5 719 ................ 95 26 791 ................ 95 23
648 ................ 51 6 720 ................ 95 23 792 ................ 94 20
649 ................ 51 5 721 ................ 95 20 793 ................ 94 18
650 ................ 96 35 722 ................ 99 23 794 ................ 95 16

795 ................ 95 17 867 ................ 51 6 939 ................ 94 34

796 ................ 94 16 868 ................ 51 6 940 ................ 95 26
797 ................ 94 16 869 ................ 51 6 941 ................ 94 36
798 ................ 94 17 870 ................ 51 5 942 ................ 95 27
799 ................ 94 18 871 ................ 51 6 943 ................ 95 25
800 ................ 94 21 872 ................ 51 7 944 ................ 95 26
801 ................ 95 21 873 ................ 96 45 945 ................ 94 21
802 ................ 94 19 874 ................ 94 44 946 ................ 94 19
803 ................ 95 18 875 ................ 94 34 947 ................ 98 21
804 ................ 94 19 876 ................ 94 41 948 ................ 93 53
805 ................ 95 22 877 ................ 95 44 949 ................ 94 45
806 ................ 95 21 878 ................ 94 32 950 ................ 94 35
807 ................ 95 19 879 ................ 95 26 951 ................ 95 28
808 ................ 94 20 880 ................ 94 20 952 ................ 95 23
809 ................ 94 22 881 ................ 95 29 953 ................ 95 20
810 ................ 94 22 882 ................ 95 27 954 ................ 95 17
811 ................ 94 22 883 ................ 95 21 955 ................ 94 19
812 ................ 95 23 884 ................ 95 34 956 ................ 94 18
813 ................ 94 22 885 ................ 95 31 957 ................ 94 18
814 ................ 95 22 886 ................ 94 26 958 ................ 94 18
815 ................ 95 19 887 ................ 95 22 959 ................ 94 19
816 ................ 95 16 888 ................ 95 23 960 ................ 97 17
817 ................ 95 14 889 ................ 95 19 961 ................ 98 19
818 ................ 95 18 890 ................ 94 18 962 ................ 98 14
819 ................ 95 18 891 ................ 94 20 963 ................ 98 11
820 ................ 94 20 892 ................ 94 26 964 ................ 98 9
821 ................ 94 22 893 ................ 95 29 965 ................ 98 7
822 ................ 94 19 894 ................ 94 32 966 ................ 98 7
823 ................ 95 18 895 ................ 95 26 967 ................ 98 6
824 ................ 95 17 896 ................ 95 34 968 ................ 98 6
825 ................ 95 19 897 ................ 95 30 969 ................ 98 6
826 ................ 95 19 898 ................ 95 24 970 ................ 98 5
827 ................ 95 19 899 ................ 95 19 971 ................ 98 5
828 ................ 94 19 900 ................ 94 17 972 ................ 82 5
829 ................ 94 21 901 ................ 94 16 973 ................ 49 5
830 ................ 94 19 902 ................ 98 19 974 ................ 51 6
831 ................ 94 17 903 ................ 98 17 975 ................ 51 6
832 ................ 94 18 904 ................ 98 12 976 ................ 51 6
833 ................ 94 21 905 ................ 98 10 977 ................ 51 5
834 ................ 94 19 906 ................ 98 8 978 ................ 51 6
835 ................ 95 18 907 ................ 98 7 979 ................ 72 58
836 ................ 95 19 908 ................ 98 6 980 ................ 94 36
837 ................ 95 17 909 ................ 98 6 981 ................ 95 28
838 ................ 94 15 910 ................ 98 6 982 ................ 95 24
839 ................ 94 17 911 ................ 98 5 983 ................ 95 25
840 ................ 95 19 912 ................ 98 5 984 ................ 95 26
841 ................ 94 22 913 ................ 98 5 985 ................ 94 30
842 ................ 94 21 914 ................ 69 5 986 ................ 94 26
843 ................ 94 18 915 ................ 49 5 987 ................ 95 34
844 ................ 94 16 916 ................ 51 5 988 ................ 95 57
845 ................ 95 14 917 ................ 51 6 989 ................ 95 45
846 ................ 95 14 918 ................ 51 6 990 ................ 94 37
847 ................ 94 19 919 ................ 69 75 991 ................ 95 34
848 ................ 95 20 920 ................ 95 70 992 ................ 95 27
849 ................ 95 23 921 ................ 95 57 993 ................ 95 27
850 ................ 98 23 922 ................ 94 49 994 ................ 95 29
851 ................ 98 22 923 ................ 94 38 995 ................ 98 22
852 ................ 98 16 924 ................ 95 43 996 ................ 94 84
853 ................ 98 12 925 ................ 94 51 997 ................ 94 74
854 ................ 98 9 926 ................ 94 41 998 ................ 95 62
855 ................ 98 8 927 ................ 98 42 999 ................ 94 51
856 ................ 98 7 928 ................ 95 89 1000 .............. 95 50
857 ................ 98 6 929 ................ 95 66 1001 .............. 95 81
858 ................ 98 6 930 ................ 94 52 1002 .............. 94 65
859 ................ 98 6 931 ................ 95 41 1003 .............. 95 49
860 ................ 98 5 932 ................ 95 34 1004 .............. 94 56
861 ................ 98 5 933 ................ 95 34 1005 .............. 95 65
862 ................ 80 5 934 ................ 94 30 1006 .............. 94 59
863 ................ 49 5 935 ................ 94 30 1007 .............. 99 58
864 ................ 51 5 936 ................ 95 29 1008 .............. 98 41
865 ................ 51 5 937 ................ 94 28 1009 .............. 98 27
866 ................ 51 6 938 ................ 95 24 1010 .............. 98 19

1011 .............. 98 13 1083 .............. 50 6 1155 .............. 95 43

1012 .............. 98 11 1084 .............. 51 6 1156 .............. 95 34
1013 .............. 98 9 1085 .............. 51 6 1157 .............. 95 31
1014 .............. 98 8 1086 .............. 51 6 1158 .............. 95 27
1015 .............. 98 7 1087 .............. 51 6 1159 .............. 95 23
1016 .............. 98 6 1088 .............. 51 6 1160 .............. 95 27
1017 .............. 98 6 1089 .............. 51 6 1161 .............. 96 38
1018 .............. 98 6 1090 .............. 51 6 1162 .............. 95 40
1019 .............. 71 6 1091 .............. 56 74 1163 .............. 95 39
1020 .............. 49 5 1092 .............. 95 56 1164 .............. 95 26
1021 .............. 51 6 1093 .............. 94 49 1165 .............. 95 33
1022 .............. 51 6 1094 .............. 95 47 1166 .............. 94 28
1023 .............. 51 6 1095 .............. 94 43 1167 .............. 94 34
1024 .............. 51 6 1096 .............. 94 33 1168 .............. 98 73
1025 .............. 51 6 1097 .............. 95 50 1169 .............. 95 49
1026 .............. 51 6 1098 .............. 94 40 1170 .............. 95 51
1027 .............. 51 6 1099 .............. 95 33 1171 .............. 94 55
1028 .............. 51 6 1100 .............. 95 24 1172 .............. 95 48
1029 .............. 51 6 1101 .............. 94 22 1173 .............. 95 35
1030 .............. 51 6 1102 .............. 94 22 1174 .............. 95 39
1031 .............. 51 5 1103 .............. 94 25 1175 .............. 95 39
1032 .............. 51 6 1104 .............. 95 27 1176 .............. 94 41
1033 .............. 51 5 1105 .............. 95 32 1177 .............. 95 30
1034 .............. 51 6 1106 .............. 94 29 1178 .............. 95 23
1035 .............. 51 6 1107 .............. 94 26 1179 .............. 94 19
1036 .............. 51 6 1108 .............. 94 26 1180 .............. 95 25
1037 .............. 51 5 1109 .............. 94 24 1181 .............. 94 29
1038 .............. 51 5 1110 .............. 98 52 1182 .............. 98 27
1039 .............. 51 6 1111 .............. 94 41 1183 .............. 95 89
1040 .............. 51 6 1112 .............. 99 35 1184 .............. 95 74
1041 .............. 69 59 1113 .............. 95 58 1185 .............. 94 60
1042 .............. 94 48 1114 .............. 95 58 1186 .............. 94 48
1043 .............. 95 34 1115 .............. 98 57 1187 .............. 94 41
1044 .............. 95 29 1116 .............. 98 38 1188 .............. 94 29
1045 .............. 95 26 1117 .............. 98 26 1189 .............. 94 24
1046 .............. 94 27 1118 .............. 93 63 1190 .............. 95 19
1047 .............. 95 31 1119 .............. 94 59 1191 .............. 94 21
1048 .............. 95 26 1120 .............. 98 100 1192 .............. 95 29
1049 .............. 95 34 1121 .............. 94 73 1193 .............. 95 28
1050 .............. 95 29 1122 .............. 98 53 1194 .............. 95 27
1051 .............. 95 31 1123 .............. 94 76 1195 .............. 94 23
1052 .............. 95 29 1124 .............. 95 61 1196 .............. 95 25
1053 .............. 95 35 1125 .............. 94 49 1197 .............. 95 26
1054 .............. 95 38 1126 .............. 94 37 1198 .............. 94 22
1055 .............. 94 41 1127 .............. 97 50 1199 .............. 95 19
1056 .............. 95 28 1128 .............. 98 36 1200 .............. 94 17
1057 .............. 95 36 1129 .............. 98 25
1058 .............. 94 30 1130 .............. 98 18 Appendix II to Part 1048—Large Spark-
1059 .............. 94 26 1131 .............. 98 12 ignition (SI) Composite Transient Cycle
1060 .............. 94 33 1132 .............. 98 10
1061 .............. 95 34 1133 .............. 98 8 The following table shows the
1062 .............. 95 27 1134 .............. 98 7 transient duty-cycle for engines that are
1063 .............. 98 26 1135 .............. 98 7 not constant-speed engines, as described
1064 .............. 98 19 1136 .............. 98 6 in § 1048.510:
1065 .............. 98 13 1137 .............. 98 6
1066 .............. 98 11 1138 .............. 98 6 Normalized Normalized
1067 .............. 98 9 1139 .............. 80 6 Time(s) speed torque
1068 .............. 98 7 1140 .............. 49 6 (percent) (percent)
1069 .............. 98 7 1141 .............. 78 61
1070 .............. 98 6 1142 .............. 95 50 0 .................... 0 0
1071 .............. 98 6 1143 .............. 94 43 1 .................... 0 0
1072 .............. 98 6 1144 .............. 94 42 2 .................... 0 0
1073 .............. 98 5 1145 .............. 94 31 3 .................... 0 0
1074 .............. 89 6 1146 .............. 95 30 4 .................... 0 0
1075 .............. 49 5 1147 .............. 95 34 5 .................... 0 0
1076 .............. 51 6 1148 .............. 95 28 6 .................... 0 0
1077 .............. 51 6 1149 .............. 95 27 7 .................... 0 0
1078 .............. 51 6 1150 .............. 94 27 8 .................... 0 0
1079 .............. 51 6 1151 .............. 95 31 9 .................... 1 8
1080 .............. 51 6 1152 .............. 95 42 10 .................. 6 54
1081 .............. 51 6 1153 .............. 94 41 11 .................. 8 61
1082 .............. 51 6 1154 .............. 95 37 12 .................. 34 59

13 .................. 22 46 85 .................. 16 39 157 ................ 16 49

14 .................. 5 51 86 .................. 15 45 158 ................ 38 45
15 .................. 18 51 87 .................. 32 34 159 ................ 37 43
16 .................. 31 50 88 .................. 14 42 160 ................ 35 42
17 .................. 30 56 89 .................. 8 48 161 ................ 39 43
18 .................. 31 49 90 .................. 5 51 162 ................ 51 49
19 .................. 25 66 91 .................. 10 41 163 ................ 59 55
20 .................. 58 55 92 .................. 12 37 164 ................ 65 54
21 .................. 43 31 93 .................. 4 47 165 ................ 76 62
22 .................. 16 45 94 .................. 3 49 166 ................ 84 59
23 .................. 24 38 95 .................. 3 50 167 ................ 83 29
24 .................. 24 27 96 .................. 4 49 168 ................ 67 35
25 .................. 30 33 97 .................. 4 48 169 ................ 84 54
26 .................. 45 65 98 .................. 8 43 170 ................ 90 58
27 .................. 50 49 99 .................. 2 51 171 ................ 93 43
28 .................. 23 42 100 ................ 5 46 172 ................ 90 29
29 .................. 13 42 101 ................ 8 41 173 ................ 66 19
30 .................. 9 45 102 ................ 4 47 174 ................ 52 16
31 .................. 23 30 103 ................ 3 49 175 ................ 49 17
32 .................. 37 45 104 ................ 6 45 176 ................ 56 38
33 .................. 44 50 105 ................ 3 48 177 ................ 73 71
34 .................. 49 52 106 ................ 10 42 178 ................ 86 80
35 .................. 55 49 107 ................ 18 27 179 ................ 96 75
36 .................. 61 46 108 ................ 3 50 180 ................ 89 27
37 .................. 66 38 109 ................ 11 41 181 ................ 66 17
38 .................. 42 33 110 ................ 34 29 182 ................ 50 18
39 .................. 17 41 111 ................ 51 57 183 ................ 36 25
40 .................. 17 37 112 ................ 67 63 184 ................ 36 24
41 .................. 7 50 113 ................ 61 32 185 ................ 38 40
42 .................. 20 32 114 ................ 44 31 186 ................ 40 50
43 .................. 5 55 115 ................ 48 54 187 ................ 27 48
44 .................. 30 42 116 ................ 69 65 188 ................ 19 48
45 .................. 44 53 117 ................ 85 65 189 ................ 23 50
46 .................. 45 56 118 ................ 81 29 190 ................ 19 45
47 .................. 41 52 119 ................ 74 21 191 ................ 6 51
48 .................. 24 41 120 ................ 62 23 192 ................ 24 48
49 .................. 15 40 121 ................ 76 58 193 ................ 49 67
50 .................. 11 44 122 ................ 96 75 194 ................ 47 49
51 .................. 32 31 123 ................ 100 77 195 ................ 22 44
52 .................. 38 54 124 ................ 100 27 196 ................ 25 40
53 .................. 38 47 125 ................ 100 79 197 ................ 38 54
54 .................. 9 55 126 ................ 100 79 198 ................ 43 55
55 .................. 10 50 127 ................ 100 81 199 ................ 40 52
56 .................. 33 55 128 ................ 100 57 200 ................ 14 49
57 .................. 48 56 129 ................ 99 52 201 ................ 11 45
58 .................. 49 47 130 ................ 81 35 202 ................ 7 48
59 .................. 33 44 131 ................ 69 29 203 ................ 26 41
60 .................. 52 43 132 ................ 47 22 204 ................ 41 59
61 .................. 55 43 133 ................ 34 28 205 ................ 53 60
62 .................. 59 38 134 ................ 27 37 206 ................ 44 54
63 .................. 44 28 135 ................ 83 60 207 ................ 22 40
64 .................. 24 37 136 ................ 100 74 208 ................ 24 41
65 .................. 12 44 137 ................ 100 7 209 ................ 32 53
66 .................. 9 47 138 ................ 100 2 210 ................ 44 74
67 .................. 12 52 139 ................ 70 18 211 ................ 57 25
68 .................. 34 21 140 ................ 23 39 212 ................ 22 49
69 .................. 29 44 141 ................ 5 54 213 ................ 29 45
70 .................. 44 54 142 ................ 11 40 214 ................ 19 37
71 .................. 54 62 143 ................ 11 34 215 ................ 14 43
72 .................. 62 57 144 ................ 11 41 216 ................ 36 40
73 .................. 72 56 145 ................ 19 25 217 ................ 43 63
74 .................. 88 71 146 ................ 16 32 218 ................ 42 49
75 .................. 100 69 147 ................ 20 31 219 ................ 15 50
76 .................. 100 34 148 ................ 21 38 220 ................ 19 44
77 .................. 100 42 149 ................ 21 42 221 ................ 47 59
78 .................. 100 54 150 ................ 9 51 222 ................ 67 80
79 .................. 100 58 151 ................ 4 49 223 ................ 76 74
80 .................. 100 38 152 ................ 2 51 224 ................ 87 66
81 .................. 83 17 153 ................ 1 58 225 ................ 98 61
82 .................. 61 15 154 ................ 21 57 226 ................ 100 38
83 .................. 43 22 155 ................ 29 47 227 ................ 97 27
84 .................. 24 35 156 ................ 33 45 228 ................ 100 53

229 ................ 100 72 301 ................ 46 46 373 ................ 25 2

230 ................ 100 49 302 ................ 62 69 374 ................ 40 3
231 ................ 100 4 303 ................ 76 81 375 ................ 33 4
232 ................ 100 13 304 ................ 88 85 376 ................ 34 5
233 ................ 87 15 305 ................ 98 81 377 ................ 46 7
234 ................ 53 26 306 ................ 100 74 378 ................ 57 10
235 ................ 33 27 307 ................ 100 13 379 ................ 66 11
236 ................ 39 19 308 ................ 100 11 380 ................ 75 14
237 ................ 51 33 309 ................ 100 17 381 ................ 79 11
238 ................ 67 54 310 ................ 99 3 382 ................ 80 16
239 ................ 83 60 311 ................ 80 7 383 ................ 92 21
240 ................ 95 52 312 ................ 62 11 384 ................ 99 16
241 ................ 100 50 313 ................ 63 11 385 ................ 83 2
242 ................ 100 36 314 ................ 64 16 386 ................ 71 2
243 ................ 100 25 315 ................ 69 43 387 ................ 69 4
244 ................ 85 16 316 ................ 81 67 388 ................ 67 4
245 ................ 62 16 317 ................ 93 74 389 ................ 74 16
246 ................ 40 26 318 ................ 100 72 390 ................ 86 25
247 ................ 56 39 319 ................ 94 27 391 ................ 97 28
248 ................ 81 75 320 ................ 73 15 392 ................ 100 15
249 ................ 98 86 321 ................ 40 33 393 ................ 83 2
250 ................ 100 76 322 ................ 40 52 394 ................ 62 4
251 ................ 100 51 323 ................ 50 50 395 ................ 40 6
252 ................ 100 78 324 ................ 11 53 396 ................ 49 10
253 ................ 100 83 325 ................ 12 45 397 ................ 36 5
254 ................ 100 100 326 ................ 5 50 398 ................ 27 4
255 ................ 100 66 327 ................ 1 55 399 ................ 29 3
256 ................ 100 85 328 ................ 7 55 400 ................ 22 2
257 ................ 100 72 329 ................ 62 60 401 ................ 13 3
258 ................ 100 45 330 ................ 80 28 402 ................ 37 36
259 ................ 98 58 331 ................ 23 37 403 ................ 90 26
260 ................ 60 30 332 ................ 39 58 404 ................ 41 2
261 ................ 43 32 333 ................ 47 24 405 ................ 25 2
262 ................ 71 36 334 ................ 59 51 406 ................ 29 2
263 ................ 44 32 335 ................ 58 68 407 ................ 38 7
264 ................ 24 38 336 ................ 36 52 408 ................ 50 13
265 ................ 42 17 337 ................ 18 42 409 ................ 55 10
266 ................ 22 51 338 ................ 36 52 410 ................ 29 3
267 ................ 13 53 339 ................ 59 73 411 ................ 24 7
268 ................ 23 45 340 ................ 72 85 412 ................ 51 16
269 ................ 29 50 341 ................ 85 92 413 ................ 62 15
270 ................ 28 42 342 ................ 99 90 414 ................ 72 35
271 ................ 21 55 343 ................ 100 72 415 ................ 91 74
272 ................ 34 57 344 ................ 100 18 416 ................ 100 73
273 ................ 44 47 345 ................ 100 76 417 ................ 100 8
274 ................ 19 46 346 ................ 100 64 418 ................ 98 11
275 ................ 13 44 347 ................ 100 87 419 ................ 100 59
276 ................ 25 36 348 ................ 100 97 420 ................ 100 98
277 ................ 43 51 349 ................ 100 84 421 ................ 100 99
278 ................ 55 73 350 ................ 100 100 422 ................ 100 75
279 ................ 68 72 351 ................ 100 91 423 ................ 100 95
280 ................ 76 63 352 ................ 100 83 424 ................ 100 100
281 ................ 80 45 353 ................ 100 93 425 ................ 100 97
282 ................ 83 40 354 ................ 100 100 426 ................ 100 90
283 ................ 78 26 355 ................ 94 43 427 ................ 100 86
284 ................ 60 20 356 ................ 72 10 428 ................ 100 82
285 ................ 47 19 357 ................ 77 3 429 ................ 97 43
286 ................ 52 25 358 ................ 48 2 430 ................ 70 16
287 ................ 36 30 359 ................ 29 5 431 ................ 50 20
288 ................ 40 26 360 ................ 59 19 432 ................ 42 33
289 ................ 45 34 361 ................ 63 5 433 ................ 89 64
290 ................ 47 35 362 ................ 35 2 434 ................ 89 77
291 ................ 42 28 363 ................ 24 3 435 ................ 99 95
292 ................ 46 38 364 ................ 28 2 436 ................ 100 41
293 ................ 48 44 365 ................ 36 16 437 ................ 77 12
294 ................ 68 61 366 ................ 54 23 438 ................ 29 37
295 ................ 70 47 367 ................ 60 10 439 ................ 16 41
296 ................ 48 28 368 ................ 33 1 440 ................ 16 38
297 ................ 42 22 369 ................ 23 0 441 ................ 15 36
298 ................ 31 29 370 ................ 16 0 442 ................ 18 44
299 ................ 22 35 371 ................ 11 0 443 ................ 4 55
300 ................ 28 28 372 ................ 20 0 444 ................ 24 26

445 ................ 26 35 517 ................ 57 80 589 ................ 24 56

446 ................ 15 45 518 ................ 66 81 590 ................ 42 69
447 ................ 21 39 519 ................ 64 62 591 ................ 39 83
448 ................ 29 52 520 ................ 45 42 592 ................ 40 73
449 ................ 26 46 521 ................ 33 42 593 ................ 35 67
450 ................ 27 50 522 ................ 27 57 594 ................ 32 61
451 ................ 13 43 523 ................ 31 59 595 ................ 30 65
452 ................ 25 36 524 ................ 41 53 596 ................ 30 72
453 ................ 37 57 525 ................ 45 72 597 ................ 48 51
454 ................ 29 46 526 ................ 48 73 598 ................ 66 58
455 ................ 17 39 527 ................ 46 90 599 ................ 62 71
456 ................ 13 41 528 ................ 56 76 600 ................ 36 63
457 ................ 19 38 529 ................ 64 76 601 ................ 17 59
458 ................ 28 35 530 ................ 69 64 602 ................ 16 50
459 ................ 8 51 531 ................ 72 59 603 ................ 16 62
460 ................ 14 36 532 ................ 73 58 604 ................ 34 48
461 ................ 17 47 533 ................ 71 56 605 ................ 51 66
462 ................ 34 39 534 ................ 66 48 606 ................ 35 74
463 ................ 34 57 535 ................ 61 50 607 ................ 15 56
464 ................ 11 70 536 ................ 55 56 608 ................ 19 54
465 ................ 13 51 537 ................ 52 52 609 ................ 43 65
466 ................ 13 68 538 ................ 54 49 610 ................ 52 80
467 ................ 38 44 539 ................ 61 50 611 ................ 52 83
468 ................ 53 67 540 ................ 64 54 612 ................ 49 57
469 ................ 29 69 541 ................ 67 54 613 ................ 48 46
470 ................ 19 65 542 ................ 68 52 614 ................ 37 36
471 ................ 52 45 543 ................ 60 53 615 ................ 25 44
472 ................ 61 79 544 ................ 52 50 616 ................ 14 53
473 ................ 29 70 545 ................ 45 49 617 ................ 13 64
474 ................ 15 53 546 ................ 38 45 618 ................ 23 56
475 ................ 15 60 547 ................ 32 45 619 ................ 21 63
476 ................ 52 40 548 ................ 26 53 620 ................ 18 67
477 ................ 50 61 549 ................ 23 56 621 ................ 20 54
478 ................ 13 74 550 ................ 30 49 622 ................ 16 67
479 ................ 46 51 551 ................ 33 55 623 ................ 26 56
480 ................ 60 73 552 ................ 35 59 624 ................ 41 65
481 ................ 33 84 553 ................ 33 65 625 ................ 28 62
482 ................ 31 63 554 ................ 30 67 626 ................ 19 60
483 ................ 41 42 555 ................ 28 59 627 ................ 33 56
484 ................ 26 69 556 ................ 25 58 628 ................ 37 70
485 ................ 23 65 557 ................ 23 56 629 ................ 24 79
486 ................ 48 49 558 ................ 22 57 630 ................ 28 57
487 ................ 28 57 559 ................ 19 63 631 ................ 40 57
488 ................ 16 67 560 ................ 14 63 632 ................ 40 58
489 ................ 39 48 561 ................ 31 61 633 ................ 28 44
490 ................ 47 73 562 ................ 35 62 634 ................ 25 41
491 ................ 35 87 563 ................ 21 80 635 ................ 29 53
492 ................ 26 73 564 ................ 28 65 636 ................ 31 55
493 ................ 30 61 565 ................ 7 74 637 ................ 26 64
494 ................ 34 49 566 ................ 23 54 638 ................ 20 50
495 ................ 35 66 567 ................ 38 54 639 ................ 16 53
496 ................ 56 47 568 ................ 14 78 640 ................ 11 54
497 ................ 49 64 569 ................ 38 58 641 ................ 13 53
498 ................ 59 64 570 ................ 52 75 642 ................ 23 50
499 ................ 42 69 571 ................ 59 81 643 ................ 32 59
500 ................ 6 77 572 ................ 66 69 644 ................ 36 63
501 ................ 5 59 573 ................ 54 44 645 ................ 33 59
502 ................ 17 59 574 ................ 48 34 646 ................ 24 52
503 ................ 45 53 575 ................ 44 33 647 ................ 20 52
504 ................ 21 62 576 ................ 40 40 648 ................ 22 55
505 ................ 31 60 577 ................ 28 58 649 ................ 30 53
506 ................ 53 68 578 ................ 27 63 650 ................ 37 59
507 ................ 48 79 579 ................ 35 45 651 ................ 41 58
508 ................ 45 61 580 ................ 20 66 652 ................ 36 54
509 ................ 51 47 581 ................ 15 60 653 ................ 29 49
510 ................ 41 48 582 ................ 10 52 654 ................ 24 53
511 ................ 26 58 583 ................ 22 56 655 ................ 14 57
512 ................ 21 62 584 ................ 30 62 656 ................ 10 54
513 ................ 50 52 585 ................ 21 67 657 ................ 9 55
514 ................ 39 65 586 ................ 29 53 658 ................ 10 57
515 ................ 23 65 587 ................ 41 56 659 ................ 13 55
516 ................ 42 62 588 ................ 15 67 660 ................ 15 64

661 ................ 31 57 733 ................ 31 59 805 ................ 13 65

662 ................ 19 69 734 ................ 29 58 806 ................ 9 64
663 ................ 14 59 735 ................ 31 53 807 ................ 27 56
664 ................ 33 57 736 ................ 33 51 808 ................ 26 78
665 ................ 41 65 737 ................ 33 48 809 ................ 40 61
666 ................ 39 64 738 ................ 27 44 810 ................ 35 76
667 ................ 39 59 739 ................ 21 52 811 ................ 28 66
668 ................ 39 51 740 ................ 13 57 812 ................ 23 57
669 ................ 28 41 741 ................ 12 56 813 ................ 16 50
670 ................ 19 49 742 ................ 10 64 814 ................ 11 53
671 ................ 27 54 743 ................ 22 47 815 ................ 9 57
672 ................ 37 63 744 ................ 15 74 816 ................ 9 62
673 ................ 32 74 745 ................ 8 66 817 ................ 27 57
674 ................ 16 70 746 ................ 34 47 818 ................ 42 69
675 ................ 12 67 747 ................ 18 71 819 ................ 47 75
676 ................ 13 60 748 ................ 9 57 820 ................ 53 67
677 ................ 17 56 749 ................ 11 55 821 ................ 61 62
678 ................ 15 62 750 ................ 12 57 822 ................ 63 53
679 ................ 25 47 751 ................ 10 61 823 ................ 60 54
680 ................ 27 64 752 ................ 16 53 824 ................ 56 44
681 ................ 14 71 753 ................ 12 75 825 ................ 49 39
682 ................ 5 65 754 ................ 6 70 826 ................ 39 35
683 ................ 6 57 755 ................ 12 55 827 ................ 30 34
684 ................ 6 57 756 ................ 24 50 828 ................ 33 46
685 ................ 15 52 757 ................ 28 60 829 ................ 44 56
686 ................ 22 61 758 ................ 28 64 830 ................ 50 56
687 ................ 14 77 759 ................ 23 60 831 ................ 44 52
688 ................ 12 67 760 ................ 20 56 832 ................ 38 46
689 ................ 12 62 761 ................ 26 50 833 ................ 33 44
690 ................ 14 59 762 ................ 28 55 834 ................ 29 45
691 ................ 15 58 763 ................ 18 56 835 ................ 24 46
692 ................ 18 55 764 ................ 15 52 836 ................ 18 52
693 ................ 22 53 765 ................ 11 59 837 ................ 9 55
694 ................ 19 69 766 ................ 16 59 838 ................ 10 54
695 ................ 14 67 767 ................ 34 54 839 ................ 20 53
696 ................ 9 63 768 ................ 16 82 840 ................ 27 58
697 ................ 8 56 769 ................ 15 64 841 ................ 29 59
698 ................ 17 49 770 ................ 36 53 842 ................ 30 62
699 ................ 25 55 771 ................ 45 64 843 ................ 30 65
700 ................ 14 70 772 ................ 41 59 844 ................ 27 66
701 ................ 12 60 773 ................ 34 50 845 ................ 32 58
702 ................ 22 57 774 ................ 27 45 846 ................ 40 56
703 ................ 27 67 775 ................ 22 52 847 ................ 41 57
704 ................ 29 68 776 ................ 18 55 848 ................ 18 73
705 ................ 34 62 777 ................ 26 54 849 ................ 15 55
706 ................ 35 61 778 ................ 39 62 850 ................ 18 50
707 ................ 28 78 779 ................ 37 71 851 ................ 17 52
708 ................ 11 71 780 ................ 32 58 852 ................ 20 49
709 ................ 4 58 781 ................ 24 48 853 ................ 16 62
710 ................ 5 58 782 ................ 14 59 854 ................ 4 67
711 ................ 10 56 783 ................ 7 59 855 ................ 2 64
712 ................ 20 63 784 ................ 7 55 856 ................ 7 54
713 ................ 13 76 785 ................ 18 49 857 ................ 10 50
714 ................ 11 65 786 ................ 40 62 858 ................ 9 57
715 ................ 9 60 787 ................ 44 73 859 ................ 5 62
716 ................ 7 55 788 ................ 41 68 860 ................ 12 51
717 ................ 8 53 789 ................ 35 48 861 ................ 14 65
718 ................ 10 60 790 ................ 29 54 862 ................ 9 64
719 ................ 28 53 791 ................ 22 69 863 ................ 31 50
720 ................ 12 73 792 ................ 46 53 864 ................ 30 78
721 ................ 4 64 793 ................ 59 71 865 ................ 21 65
722 ................ 4 61 794 ................ 69 68 866 ................ 14 51
723 ................ 4 61 795 ................ 75 47 867 ................ 10 55
724 ................ 10 56 796 ................ 62 32 868 ................ 6 59
725 ................ 8 61 797 ................ 48 35 869 ................ 7 59
726 ................ 20 56 798 ................ 27 59 870 ................ 19 54
727 ................ 32 62 799 ................ 13 58 871 ................ 23 61
728 ................ 33 66 800 ................ 14 54 872 ................ 24 62
729 ................ 34 73 801 ................ 21 53 873 ................ 34 61
730 ................ 31 61 802 ................ 23 56 874 ................ 51 67
731 ................ 33 55 803 ................ 23 57 875 ................ 60 66
732 ................ 33 60 804 ................ 23 65 876 ................ 58 55

877 ................ 60 52 949 ................ 93 22 1021 .............. 93 32

878 ................ 64 55 950 ................ 93 19 1022 .............. 93 37
879 ................ 68 51 951 ................ 93 17 1023 .............. 93 28
880 ................ 63 54 952 ................ 93 19 1024 .............. 93 26
881 ................ 64 50 953 ................ 93 22 1025 .............. 93 24
882 ................ 68 58 954 ................ 93 24 1026 .............. 93 22
883 ................ 73 47 955 ................ 93 23 1027 .............. 93 22
884 ................ 63 40 956 ................ 93 20 1028 .............. 93 21
885 ................ 50 38 957 ................ 93 20 1029 .............. 93 20
886 ................ 29 61 958 ................ 94 19 1030 .............. 93 20
887 ................ 14 61 959 ................ 95 19 1031 .............. 93 20
888 ................ 14 53 960 ................ 95 17 1032 .............. 93 20
889 ................ 42 6 961 ................ 96 13 1033 .............. 93 19
890 ................ 58 6 962 ................ 95 10 1034 .............. 93 18
891 ................ 58 6 963 ................ 96 9 1035 .............. 93 20
892 ................ 77 39 964 ................ 95 7 1036 .............. 93 20
893 ................ 93 56 965 ................ 95 7 1037 .............. 93 20
894 ................ 93 44 966 ................ 95 7 1038 .............. 93 20
895 ................ 93 37 967 ................ 95 6 1039 .............. 93 19
896 ................ 93 31 968 ................ 96 6 1040 .............. 93 18
897 ................ 93 25 969 ................ 96 6 1041 .............. 93 18
898 ................ 93 26 970 ................ 89 6 1042 .............. 93 17
899 ................ 93 27 971 ................ 68 6 1043 .............. 93 16
900 ................ 93 25 972 ................ 57 6 1044 .............. 93 16
901 ................ 93 21 973 ................ 66 32 1045 .............. 93 15
902 ................ 93 22 974 ................ 84 52 1046 .............. 93 16
903 ................ 93 24 975 ................ 93 46 1047 .............. 93 18
904 ................ 93 23 976 ................ 93 42 1048 .............. 93 37
905 ................ 93 27 977 ................ 93 36 1049 .............. 93 48
906 ................ 93 34 978 ................ 93 28 1050 .............. 93 38
907 ................ 93 32 979 ................ 93 23 1051 .............. 93 31
908 ................ 93 26 980 ................ 93 19 1052 .............. 93 26
909 ................ 93 31 981 ................ 93 16 1053 .............. 93 21
910 ................ 93 34 982 ................ 93 15 1054 .............. 93 18
911 ................ 93 31 983 ................ 93 16 1055 .............. 93 16
912 ................ 93 33 984 ................ 93 15 1056 .............. 93 17
913 ................ 93 36 985 ................ 93 14 1057 .............. 93 18
914 ................ 93 37 986 ................ 93 15 1058 .............. 93 19
915 ................ 93 34 987 ................ 93 16 1059 .............. 93 21
916 ................ 93 30 988 ................ 94 15 1060 .............. 93 20
917 ................ 93 32 989 ................ 93 32 1061 .............. 93 18
918 ................ 93 35 990 ................ 93 45 1062 .............. 93 17
919 ................ 93 35 991 ................ 93 43 1063 .............. 93 17
920 ................ 93 32 992 ................ 93 37 1064 .............. 93 18
921 ................ 93 28 993 ................ 93 29 1065 .............. 93 18
922 ................ 93 23 994 ................ 93 23 1066 .............. 93 18
923 ................ 94 18 995 ................ 93 20 1067 .............. 93 19
924 ................ 95 18 996 ................ 93 18 1068 .............. 93 18
925 ................ 96 17 997 ................ 93 16 1069 .............. 93 18
926 ................ 95 13 998 ................ 93 17 1070 .............. 93 20
927 ................ 96 10 999 ................ 93 16 1071 .............. 93 23
928 ................ 95 9 1000 .............. 93 15 1072 .............. 93 25
929 ................ 95 7 1001 .............. 93 15 1073 .............. 93 25
930 ................ 95 7 1002 .............. 93 15 1074 .............. 93 24
931 ................ 96 7 1003 .............. 93 14 1075 .............. 93 24
932 ................ 96 6 1004 .............. 93 15 1076 .............. 93 22
933 ................ 96 6 1005 .............. 93 15 1077 .............. 93 22
934 ................ 95 6 1006 .............. 93 14 1078 .............. 93 22
935 ................ 90 6 1007 .............. 93 13 1079 .............. 93 19
936 ................ 69 43 1008 .............. 93 14 1080 .............. 93 16
937 ................ 76 62 1009 .............. 93 14 1081 .............. 95 17
938 ................ 93 47 1010 .............. 93 15 1082 .............. 95 37
939 ................ 93 39 1011 .............. 93 16 1083 .............. 93 43
940 ................ 93 35 1012 .............. 93 17 1084 .............. 93 32
941 ................ 93 34 1013 .............. 93 20 1085 .............. 93 27
942 ................ 93 36 1014 .............. 93 22 1086 .............. 93 26
943 ................ 93 39 1015 .............. 93 20 1087 .............. 93 24
944 ................ 93 34 1016 .............. 93 19 1088 .............. 93 22
945 ................ 93 26 1017 .............. 93 20 1089 .............. 93 22
946 ................ 93 23 1018 .............. 93 19 1090 .............. 93 22
947 ................ 93 24 1019 .............. 93 19 1091 .............. 93 23
948 ................ 93 24 1020 .............. 93 20 1092 .............. 93 22
Normalized Normalized Normalized Normalized 1051.103 What are the exhaust emission
Time(s) speed torque Time(s) speed torque standards for snowmobiles?
(percent) (percent) (percent) (percent) 1051.105 What are the exhaust emission
standards for off-highway motorcycles?
1093 .............. 93 22 1165 .............. 93 22 1051.107 What are the exhaust emission
1094 .............. 93 23 1166 .............. 93 25 standards for all-terrain vehicles (ATVs)
1095 .............. 93 23 1167 .............. 93 29 and offroad utility vehicles?
1096 .............. 93 23 1168 .............. 93 27 1051.110 What evaporative emission
1097 .............. 93 22 1169 .............. 93 22 standards must my vehicles meet?
1098 .............. 93 23 1170 .............. 93 18 1051.115 What other requirements must my
1099 .............. 93 23 1171 .............. 93 16 vehicles meet?
1100 .............. 93 23 1172 .............. 93 19 1051.120 What warranty requirements
1101 .............. 93 25 1173 .............. 93 19 apply to me?
1102 .............. 93 27 1174 .............. 93 17 1051.125 What maintenance instructions
1103 .............. 93 26 1175 .............. 93 17 must I give to buyers?
1104 .............. 93 25 1176 .............. 93 17 1051.130 What installation instructions
1105 .............. 93 27 1177 .............. 93 16 must I give to vehicle manufacturers?
1106 .............. 93 27 1178 .............. 93 16 1051.135 How must I label and identify the
1107 .............. 93 27 1179 .............. 93 15 vehicles I produce?
1108 .............. 93 24 1180 .............. 93 16 1051.145 What provisions apply only for a
1109 .............. 93 20 1181 .............. 93 15 limited time?
1110 .............. 93 18 1182 .............. 93 17
1111 .............. 93 17 1183 .............. 93 21 Subpart C—Certifying Engine Families
1112 .............. 93 17 1184 .............. 93 30 1051.201 What are the general
1113 .............. 93 18 1185 .............. 93 53 requirements for submitting a
1114 .............. 93 18 1186 .............. 93 54 certification application?
1115 .............. 93 18 1187 .............. 93 38 1051.205 What must I include in my
1116 .............. 93 19 1188 .............. 93 30 application?
1117 .............. 93 22 1189 .............. 93 24 1051.210 May I get preliminary approval
1118 .............. 93 22 1190 .............. 93 20 before I complete my application?
1119 .............. 93 19 1191 .............. 95 20 1051.215 What happens after I complete my
1120 .............. 93 17 1192 .............. 96 18 application?
1121 .............. 93 17 1193 .............. 96 15 1051.220 How do I amend the maintenance
1122 .............. 93 18 1194 .............. 96 11 instructions in my application?
1123 .............. 93 18 1195 .............. 95 9 1051.225 How do I amend my application
1124 .............. 93 19 1196 .............. 95 8 to include new or modified vehicles or
1125 .............. 93 19 1197 .............. 96 7 to change an FEL?
1126 .............. 93 20 1198 .............. 94 33 1051.230 How do I select engine families?
1127 .............. 93 19 1199 .............. 93 46 1051.235 What emission testing must I
1128 .............. 93 20 1200 .............. 93 37 perform for my application for a
1129 .............. 93 25 1201 .............. 16 8 certificate of conformity?
1130 .............. 93 30 1202 .............. 0 0 1051.240 How do I demonstrate that my
1131 .............. 93 31 1203 .............. 0 0 engine family complies with exhaust
1132 .............. 93 26 1204 .............. 0 0 emission standards?
1133 .............. 93 21 1205 .............. 0 0 1051.245 How do I demonstrate that my
1134 .............. 93 18 1206 .............. 0 0 engine family complies with evaporative
1135 .............. 93 20 1207 .............. 0 0 emission standards?
1136 .............. 93 25 1208 .............. 0 0 1051.250 What records must I keep and
1137 .............. 93 24 1209 .............. 0 0 make available to EPA?
1138 .............. 93 21 1051.255 When may EPA deny, revoke, or
1139 .............. 93 21 void my certificate of conformity?
1140 .............. 93 22 PART 1051—CONTROL OF EMISSIONS
1141 .............. 93 22 FROM RECREATIONAL ENGINES AND Subpart D—Testing Production-Line
1142 .............. 93 28 VEHICLES Engines
1143 .............. 93 29 1051.301 When must I test my production-
1144 .............. 93 23 Subpart A—Determining How To Follow line vehicles or engines?
1145 .............. 93 21 This Part 1051.305 How must I prepare and test my
1146 .............. 93 18 Sec. production-line vehicles or engines?
1147 .............. 93 16 1051.1 Does this part apply to me? 1051.310 How must I select vehicles or
1148 .............. 93 16 1051.5 Which engines are excluded or engines for production-line testing?
1149 .............. 93 16 exempted from this part’s requirements? 1051.315 How do I know when my engine
1150 .............. 93 17 1051.10 What main steps must I take to family fails the production-line testing
1151 .............. 93 17 comply with this part? requirements?
1152 .............. 93 17 1051.15 Do any other regulation parts affect 1051.320 What happens if one of my
1153 .............. 93 17 me? production-line vehicles or engines fails
1154 .............. 93 23 1051.20 May I certify a recreational engine to meet emission standards?
1155 .............. 93 26 instead of the vehicle? 1051.325 What happens if an engine family
1156 .............. 93 22 1051.25 What requirements apply when fails the production-line requirements?
1157 .............. 93 18 installing certified engines in 1051.330 May I sell vehicles from an engine
1158 .............. 93 16 recreational vehicles? family with a suspended certificate of
1159 .............. 93 16 conformity?
1160 .............. 93 17 Subpart B—Emission Standards and 1051.335 How do I ask EPA to reinstate my
1161 .............. 93 19 Related Requirements suspended certificate?
1162 .............. 93 18 1051.101 What emission standards and 1051.340 When may EPA revoke my
1163 .............. 93 16 other requirements must my vehicles certificate under this subpart and how
1164 .............. 93 19 meet? may I sell these vehicles again?
1051.345 What production-line testing Subpart A—Determining How to Follow documentation if you want us to
records must I send to EPA? This Part determine whether this part covers or
1051.350 What records must I keep? excludes certain vehicles. Excluding
§ 1051.1 Does this part apply to me? engines from this part’s requirements
Subpart E—Testing In-Use Engines
[Reserved] (a) This part applies to you if you does not affect other requirements that
manufacture or import any of the may apply to them.
Subpart F—Test Procedures following recreational vehicles or
1051.501 What procedures must I use to engines used in them, unless we § 1051.10 What main steps must I take to
test my vehicles or engines? exclude them under § 1051.5: comply with this part?
1051.505 What special provisions apply for (1) Snowmobiles. (a) You must get a certificate of
testing snowmobiles? (2) Off-highway motorcycles. conformity from us for each engine
1051.510 What special provisions apply for (3) All-terrain vehicles (ATVs). family before you do any of the
testing ATV engines? [Reserved] (4) Offroad utility vehicles with following things with a new vehicle or
1051.515 How do I test my fuel tank for engines with displacement less than or new engine covered by this part: sell,
permeation emissions? offer for sale, introduce into commerce,
equal to 1000 cc, maximum brake power
1051.520 How do I perform exhaust
less than or equal to 30 kW, and distribute or deliver for introduction
durability testing?
maximum vehicle speed of 25 miles per into commerce, or import it into the
Subpart G—Compliance Provisions hour or higher. Offroad utility vehicles United States. ‘‘New’’ vehicles or
1051.601 What compliance provisions that are subject to this part are subject engines may include some already
apply to vehicles and engines subject to to the same requirements as ATVs. This placed in service (see the definition of
this part? means that any requirement that applies ‘‘new’’ in § 1051.801). You must get a
1051.605 What are the provisions for to ATVs also applies to these offroad new certificate of conformity for each
exempting vehicles from the utility vehicles, without regard to new model year.
requirements of this part if they use whether the regulatory language (b) To get a certificate of conformity
engines you have certified under the mentions offroad utility vehicles. and comply with its terms, you must do
motor-vehicle program or the Large (b) [Reserved] five things:
Spark-ignition program? (1) Meet the emission standards and
(c) As noted in subpart G of this part,
40 CFR part 1068 applies to everyone, other requirements in subpart B of this
producing recreational vehicles with
engines already certified under the including anyone who manufactures, part.
motor-vehicle program or the Large SI installs, owns, operates, or rebuilds any (2) Perform preproduction emission
program? of the vehicles or engines this part tests.
1051.615 What are the special provisions covers. (3) Apply for certification (see subpart
for certifying small recreational engines? (d) You need not follow this part for C of this part).
1051.620 When may a manufacturer obtain vehicles you produce before the 2006 (4) Do routine emission testing on
an exemption for competition model year, unless you certify production vehicles or engines as
recreational vehicles? voluntarily. See §§ 1051.103 through required by subpart D of this part.
1051.625 What special provisions apply to 1051.110, § 1051.145, and the definition (5) Follow our instructions
unique snowmobile designs for small- of ‘‘model year’’ in § 1051.801 for more throughout this part.
volume manufacturers? information about the timing of the (c) Subpart F of this part describes
1051.630 What special provisions apply to requirements. how to test your engines or vehicles
unique snowmobile designs for all (including references to other parts) and
(e) The requirements of this part begin
manufacturers?
to apply when a vehicle is new. See the when you may test the engine alone
1051.635 What provisions apply to new
definition of ‘‘new’’ in § 1051.801 for instead of the entire vehicle.
manufacturers that are small businesses?
more information. In some cases, (d) Subpart G of this part and 40 CFR
Subpart H—Averaging, Banking, and vehicles or engines that have been part 1068 describe requirements and
Trading for Certification previously used may be considered prohibitions that apply to
1051.701 General provisions. ‘‘new’’ for the purposes of this part. manufacturers, owners, operators,
1051.705 How do I average emission levels? (f) See §§ 1051.801 and 1051.805 for rebuilders, and all others. They also
1051.710 How do I generate and bank definitions and acronyms that apply to describe exemptions available for
emission credits? this part. The definition section special circumstances.
1051.715 How do I trade emission credits? contains significant regulatory
1051.720 How do I calculate my average § 1051.15 Do any other regulation parts
provisions and it is very important that
emission level or emission credits? affect me?
you read them.
1051.725 What information must I keep? (a) Parts 86 and 1065 of this chapter
1051.730 What information must I report? § 1051.5 Which engines are excluded or describe procedures and equipment
1051.735 Are there special averaging exempted from this part’s requirements? specifications for testing vehicles and
provisions for snowmobiles? (a) You may exclude vehicles with engines. Subpart F of this part describes
Subpart I—Definitions and Other Reference compression-ignition engines. See 40 how to apply part 86 or 1065 of this
Information CFR part 89 for regulations that cover chapter to show you meet the emission
1051.801 What definitions apply to this these engines. standards in this part.
part? (b) See subpart G of this part and 40 (b) Part 1068 of this chapter describes
1051.805 What symbols, acronyms, and CFR part 1068, subpart C, for general provisions, including these
abbreviations does this part use? exemptions of specific engines. seven areas:
1051.810 What materials does this part (c) We may require you to label an (1) Prohibited actions and penalties
reference? engine or vehicle (or both) if this section for manufacturers and others.
1051.815 How should I request EPA to keep excludes it and other requirements in (2) Rebuilding and other aftermarket
my information confidential? this chapter do not apply. changes.
1051.820 How do I request a hearing? (d) Send the Designated Officer a (3) Exemptions and exclusions for
Authority: 42 U.S.C. 7401–7671(q). written request with supporting certain vehicles and engines.
(4) Importing vehicles and engines. (f) If you certify under paragraph (iii) For all-terrain vehicles and
(5) Selective enforcement audits of (a)(1) of this section, you may ask us to offroad utility vehicles subject to this
your production. allow you to perform production-line part, see § 1051.107.
(6) Defect reporting and recall. testing on the engine. If you certify (2) The evaporative emission
(7) Procedures for hearings. under paragraph (a)(2) of this section, standards in § 1051.110.
(c) Other parts of this chapter affect use good engineering judgment to (3) All the requirements in § 1051.115.
you if referenced in this part. ensure that these engines are produced (b) The certification regulations in
§ 1051.20 May I certify a recreational in the same manner as the engines you subpart C of this part describe how you
engine instead of the vehicle? produce for your vehicles, so that your make this showing.
(a) You may certify engines sold production-line testing results under (c) These standards and requirements
separately from vehicles in either of two subpart D of this part would apply to apply to all testing, including
cases: them. production-line and in-use testing, as
(1) If you manufacture recreational described in subparts D and E of this
§ 1051.25 What requirements apply when
engines but not recreational vehicles, part.
installing certified engines in recreational
you may ask to certify the engine alone. vehicles? (d) Other sections in this subpart
In your request, explain why you cannot describe other requirements for
certify the entire vehicle. (a) If you manufacture recreational manufacturers such as labeling or
(2) If you manufacture complete vehicles with engines certified under warranty requirements.
recreational vehicles containing engines § 1051.20, you need not also certify the (e) It is important that you read
you also sell separately, you may ask to vehicle under this part. The vehicle § 1051.145 to determine if there are
certify all these engines in a single must nevertheless meet emission other interim requirements or interim
engine family or in separate engine standards with the engine installed. compliance options that apply for a
families. (b) You must follow the engine limited time.
(b) If you certify an engine under this manufacturer’s emission-related (f) As is described in § 1051.1(a)(4),
section, you must use the test installation instructions, as described in offroad utility vehicles that are subject
procedures in subpart F of this part. If § 1051.135 and 40 CFR 1068.105. For to this part are subject to the same
the test procedures require vehicle example, you must use a fuel system requirements as ATVs.
testing, use good engineering judgment that meets the permeation requirements
to install the engine in an appropriate § 1051.103 What are the exhaust emission
of this part, consistent with the engine
standards for snowmobiles?
vehicle for measuring emissions. manufacturer’s instructions.
(c) If we allow you to certify (a) Apply the exhaust emission
(c) If you install the engine in a way
recreational engines, the vehicles must standards in this section by model year.
that makes the engine’s emission control
meet the applicable emission standards Measure emissions with the
information label hard to read during
(including evaporative emission snowmobile test procedures in subpart
normal engine maintenance, you must
standards) with the engines installed in F of this part.
place a duplicate label on the vehicle,
the appropriate vehicles. You must (1) Follow Table 1 of this section for
as described in 40 CFR 1068.105.
prepare installation instructions as exhaust emission standards. You may
described in § 1051.130 and use good Subpart B—Emission Standards and use the averaging, banking, and trading
engineering judgment so that the Related Requirements provisions of subpart H of this part to
engines will meet emission standards show compliance with these standards
after proper installation in the vehicle. § 1051.101 What emission standards and (an engine family meets emission
(d) Identify and label engines you other requirements must my vehicles meet? standards even if its family emission
produce under this section consistent (a) You must show that your vehicles limit is higher than the standard, as long
with the requirements of § 1051.135. On meet the following: as you show that the whole averaging
the emission control information label, set of applicable engine families meet
(1) The applicable exhaust emission
identify the manufacturing date of the the applicable emission standards using
standards in § 1051.103, § 1051.105, or
engine rather than the vehicle. emission credits, and the vehicles
§ 1051.107.
(e) You may not use the provisions of within the family meet the family
this section to circumvent or reduce the (i) For snowmobiles, see § 1051.103. emission limit). Table 1 also shows the
stringency of this part’s standards or (ii) For off-highway motorcycles, see maximum value you may specify for a
other requirements. § 1051.105. family emission limit, as follows:
TABLE 1 OF § 1051.103.—EXHAUST EMISSION STANDARDS FOR SNOWMOBILES (G/KW–HR)

Emission standards Maximum allowable family emission limits
Phase-in
Phase Model year (percent) 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).
(2) For Phase 3, the HC+NOX and CO each model year according to the combined percent reduction from
standards are defined by a functional following criteria: baseline emission levels is greater than
relationship. Choose your corporate (i) Prior to production, select the or equal to 100 percent; that is, that the
average HC+NOX and CO standards for HC+NOX standard and CO standard standards comply with the following
(specified as g/kW-hr) so that the equation:
 (HC + NO x )STD − 15 
× 100 + 1 −
COSTD 
1− × 100 ≥ 100
 150   400 
(ii) Your corporate average HC+NOX (c) Your snowmobiles must meet will consider all available information
standard may not be higher than 90 emission standards over their full useful and analyses. Survey data is allowed but
g/kW-hr. life (§ 1051.240 describes how to use not required to make this showing.
(iii) Your corporate average CO deterioration factors to show this). The
standard may not be higher than 275 minimum useful life is 8,000 kilometers, § 1051.105 What are the exhaust emission
g/kW-hr. standards for off-highway motorcycles?
400 hours of engine operation, or five
(iv) You may use the averaging and calendar years, whichever comes first. (a) Apply the exhaust emission
banking provisions of subpart H of this You must specify a longer useful life in standards in this section by model year.
part to show compliance with these terms of kilometers and hours for the Measure emissions with the off-highway
HC+NOX and CO standards in this engine family if the average service life motorcycle test procedures in subpart F
paragraph (a)(2). You may modify your of your vehicles is longer than the of this part.
selection of the HC+NOX and CO minimum value, as follows: (1) Follow Table 1 of this section for
standards at the end of the model year (1) Except as allowed by paragraph exhaust emission standards. You may
under paragraph (a)(2)(i) of this section. (c)(2) of this section, your useful life (in use the averaging, banking, and trading
You must comply with these final kilometers and hours) may not be less provisions of subpart H of this part to
corporate average emission standards. than either of the following:
(b) Apply the exhaust emission show compliance with the HC+NOX
(i) Your projected operating life from and/or CO standards (an engine family
standards in this section for
advertisements or other marketing meets emission standards even if its
snowmobiles using each type of fuel
materials for any vehicles in the engine family emission limit is higher than the
specified in 40 CFR part 1065, subpart
family. standard, as long as you show that the
C, for which they are designed to
operate. You must meet the numerical (ii) Your basic mechanical warranty whole averaging set of applicable engine
emission standards for hydrocarbons in for any engines in the engine family. families meet the applicable emission
this section based on the following (2) Your useful life may be based on standards using emission credits, and
types of hydrocarbon emissions for the average service life of vehicles in the the vehicles within the family meet the
snowmobiles powered by the following engine family if you show that the family emission limit). The phase-in
fuels: average service life is less than the values specify the percentage of your
(1) Gasoline- and LPG-fueled useful life required by paragraph (c)(1) U.S.-directed production that must
snowmobiles: THC emissions. of this section, but more than the comply with the emission standards for
(2) Natural gas-fueled snowmobiles: minimum useful life (8,000 kilometers those model years. Calculate this
NMHC emissions. or 400 hours of engine operation). In compliance percentage based on a
(3) Alcohol-fueled snowmobiles: determining the actual average service simple count of production units within
THCE emissions. life of vehicles in an engine family, we the engine family. Table 1 follows:
TABLE 1 OF § 1051.105.—EXHAUST EMISSION STANDARDS FOR OFF-HIGHWAY MOTORCYCLES (G/KM)

Emission standards Maximum allowable family
Phase-in emission limits
Phase Model year (percent) 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 (ii) At least ten percent of your off- (iii) You may use the averaging and
you may choose to certify all of your off- highway motorcycles for the model year banking provisions of subpart H of this
highway motorcycles to an HC+NOX must have four of the following features: part to show compliance with this
standard of 4.0 g/km and a CO standard (A) The absence of a headlight or HC+NOX standard, but not this CO
of 35 g/km, instead of the standards other lights. standard. If you use the averaging or
listed in paragraph (a)(1) of this section. (B) The absence of a spark arrestor. banking provisions to show compliance,
To certify to the standards in this (C) The absence of manufacturer your FEL for HC+NOX may not exceed
paragraph (a)(2), you must comply with warranty. 8.0 g/km for any engine family. You
(D) Suspension travel greater than 10
the following provisions: may not use the trading provisions of
inches.
(i) You may not request an exemption subpart H of this part.
(E) Engine displacement greater than
for any off-highway motorcycles under 50 cc. (3) You may certify off-highway
ER08NO02.007</MATH>
§ 1051.620 (F) The absence of a functional seat. motorcycles with engines that have total
displacement of 70 cc or less to the kilometers) may not be less than either use the averaging, banking, and trading
exhaust emission exhaust standards in of the following: provisions of subpart H of this part to
§ 1051.615 instead of certifying them to (i) Your projected operating life from show compliance with these HC+NOX
the exhaust emission standards of this advertisements or other marketing standards (an engine family meets
section. materials for any vehicles in the engine emission standards even if its family
(b) Apply the exhaust emission family. emission limit is higher than the
standards in this section for off-highway (ii) Your basic mechanical warranty standard, as long as you show that the
motorcycles using each type of fuel for any engines in the engine family.
(2) Your useful life may be based on whole averaging set of applicable engine
specified in 40 CFR part 1068, subpart families meet the applicable emission
C, for which they are designed to the average service life of vehicles in the
engine family if you show that the standards using emission credits, and
operate. You must meet the numerical the vehicles within the family meet the
emission standards for hydrocarbons in average service life is less than the
useful life required by paragraph (c)(1) family emission limit). Table 1 also
this section based on the following
of this section, but more than the shows the maximum value you may
types of hydrocarbon emissions for off-
highway motorcycles powered by the minimum useful life (10,000 specify for a family emission limit. The
following fuels: kilometers). In determining the actual phase-in values in the table specify the
(1) Gasoline- and LPG-fueled off- average service life of vehicles in an percentage of your total U.S.-directed
highway motorcycles: THC emissions. engine family, we will consider all production that must comply with the
(2) Natural gas-fueled off-highway available information and analyses. emission standards for those model
motorcycles: NMHC emissions. Survey data is allowed but not required years. Calculate this compliance
(3) Alcohol-fueled off-highway to make this showing. percentage based on a simple count of
motorcycles: THCE emissions. § 1051.107 What are the exhaust emission production units within the engine
(c) Your off-highway motorcycles standards for all-terrain vehicles (ATVs) and family. This applies to your total
must meet emission standards over their offroad utility vehicles? production of ATVs and offroad utility
full useful life (§ 1051.240 describes This section specifies the exhaust vehicles that are subject to the standards
how to use deterioration factors to show emission standards that apply to ATVs. of this part; including both ATVs and
this). The minimum useful life is 10,000 As is described in § 1051.1(a)(4), offroad offroad utility vehicles subject to the
kilometers or five years, whichever utility vehicles that are subject to this standards of this section and ATVs and
comes first. You must specify a longer part are subject to these same standards. offroad utility vehicles certified to the
useful life for the engine family in terms (a) Apply the exhaust emission standards of other sections in this part
of kilometers if the average service life standards in this section by model year. 1051 (such as § 1051.615, but not
of your vehicles is longer than the Measure emissions with the ATV test including vehicles certified under other
minimum value, as follows: procedures in subpart F of this part. parts in this chapter (such as 40 CFR
(1) Except as allowed by paragraph (1) Follow Table 1 of this section for part 90). Table 1 follows:
(c)(2) of this section, your useful life (in exhaust emission standards. You may
TABLE 1 OF § 1051.107.—EXHAUST EMISSION STANDARDS FOR ATVS (G/KM)

Emission standards Maximum allowable family
Phase-in emission limits
Phase Model year (percent) 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 (c) Your ATVs must meet emission (2) Your useful life may be based on
engines that have total displacement of standards over their full useful life the average service life of vehicles in the
less than 100 cc to the exhaust emission (§ 1051.240 describes how to use engine family if you show that the
exhaust standards in § 1051.615 instead deterioration factors to show this). The average service life is less than the
of certifying them to the exhaust minimum useful life is 10,000 useful life required by paragraph (c)(1)
emission standards of this section. kilometers, 1000 hours of engine of this section, but more than the
(b) Apply the exhaust emission operation, or five years, whichever minimum useful life (10,000 kilometers
standards in this section for ATVs using comes first. You must specify a longer or 1,000 hours of engine operation). In
each type of fuel specified in 40 CFR useful life for the engine family in terms determining the actual average service
1065, subpart C for which they are of kilometers and hours if the average life of vehicles in an engine family, we
designed to operate. You must meet the service life of your vehicles is longer will consider all available information
numerical emission standards for than the minimum value, as follows: and analyses. Survey data is allowed but
hydrocarbons in this section based on (1) Except as allowed by paragraph not required to make this showing.
the following types of hydrocarbon (c)(2) of this section, your useful life (in
emissions for ATVs powered by the kilometers) may not be less than either § 1051.110 What evaporative emission
following fuels: of the following: standards must my vehicles meet?
(1) Gasoline- and LPG-fueled ATVs: (i) Your projected operating life from All of your new vehicles must meet
THC emissions. advertisements or other marketing the emission standards of this section
(2) Natural gas-fueled ATVs: NMHC materials for any vehicles in the engine over their full useful life, as specified in
emissions. family. this section. Note that § 1051.245 allows
(3) Alcohol-fueled ATVs: THCE (ii) Your basic mechanical warranty you to use design-based certification
emissions. for any engines in the engine family. instead of generating new emission data.
(a) Beginning with the 2008 model adjustable range described in paragraph recommendation for the intended
year, permeation emissions from your (d)(1) of this section. vehicle use.
vehicle’s fuel tank(s) may not exceed 1.5 (1) In your application for (4) We may require you to adjust the
grams per square-meter per day when certification, specify the adjustable engine to any specification within the
measured with the test procedures for range of air-fuel ratios you expect to adjustable range during certification
tank permeation in subpart F of this occur in use. You may specify it in testing, production-line testing,
part. You may use the averaging, terms of engine parts (such as the selective enforcement auditing, or in-
banking, and trading provisions of carburetor jet size and needle use testing. If we allow you to submit
subpart H of this part to show configuration as a function of your recommended jetting chart instead
compliance. atmospheric conditions). of the range of air-fuel ratios required by
(b) Beginning with the 2008 model (2) This adjustable range (specified in paragraph (d)(1) of this section, adjust
year, permeation emissions from your paragraph (d)(1) of this section) must the engine to the richest specification
vehicle’s fuel lines may not exceed 15 include all air-fuel ratios between the within the jetting chart for the test
grams per square-meter per day when lean limit and the rich limit, unless you conditions, unless we specify a leaner
measured with the test procedures for can show that some air-fuel ratios will setting. We may not specify a setting
fuel-line permeation in subpart F of this not occur in use. leaner than that described in paragraph
part. Use the inside diameter of the hose (i) The lean limit is the air-fuel ratio (d)(2)(i) of this section.
to determine the surface area of the that produces the highest engine power (e) Prohibited controls. You may not
hose. output (averaged over the test cycle). design your engines with emission-
(ii) The rich limit is the richest of the control devices, systems, or elements of
§ 1051.115 What other requirements must design that cause or contribute to an
my vehicles meet? following air-fuel ratios:
(A) The air-fuel ratio that would result unreasonable risk to public health,
Your vehicles must meet the welfare, or safety while operating. For
from operating the vehicle as you
following requirements: example, this would apply if the engine
(a) Closed crankcase. Design and produce it at the specified test
conditions. This paragraph (d)(2)(ii)(A) emits a noxious or toxic substance it
produce your vehicles so they release no would otherwise not emit that
crankcase emissions into the does not apply if you produce the
vehicle with an unjetted carburetor so contributes to such an unreasonable
atmosphere throughout their useful life. risk.
(b) Emission sampling capability. that the vehicle must be jetted by the
dealer or operator. (f) Defeat devices. You may not equip
Produce all your vehicles to allow your vehicles with a defeat device. A
sampling of exhaust emissions in the (B) The air-fuel ratio of the engine
when you do durability testing. defeat device is an auxiliary emission-
field without damaging the vehicle. control device or other control feature
Show in your application for (C) The richest air-fuel ratio that you
recommend to your customers for the that reduces the effectiveness of
certification how this can be done in a emission controls under conditions you
way that prevents diluting the exhaust applicable ambient conditions.
(3) If the air-fuel ratio of your vehicle may reasonably expect the vehicle to
sample with ambient air. To do this, you encounter during normal operation and
might simply allow for extending the is adjusted primarily by changing the
carburetor jet size and/or needle use. This does not apply to auxiliary
exhaust pipe by 20 cm; you might also emission-control devices you identify in
install sample ports in the exhaust configuration, you may submit your
recommended jetting chart instead of your certification application if any of
(downstream of any aftertreatment the following is true:
devices). the range of air-fuel ratios required by
paragraph (d)(1) of this section if the (1) The conditions of concern were
(c) Adjustable parameters. If your substantially included in your
vehicles have adjustable parameters, following criteria are met:
(i) Good engineering judgment prescribed duty cycles.
they must meet all the requirements of (2) You show your design is necessary
this part for any adjustment in the indicates that vehicle operators would
not have an incentive to operate the to prevent catastrophic vehicle damage
physically adjustable range. Note that or accidents.
parameters that control the air-fuel ratio vehicle with richer air-fuel ratios than
(3) The reduced effectiveness applies
may be treated separately under recommended.
only to starting the engine.
paragraph (d) of this section. (ii) The chart is based on use of a fuel
(g) Noise standards. There are no
(1) We do not consider an operating that is equivalent to the specified test
noise standards specified in this part
parameter adjustable if you permanently fuel(s). As an alternative you may
1051. See 40 CFR Chapter I, Subchapter
seal it or if ordinary tools cannot readily submit a chart based on a representative
G, to determine if your vehicle must
access it. in-use fuel if you also provide
meet noise emission standards under
(2) We may require you to adjust the instructions for converting the chart to
another part our regulations.
engine to any specification within the be applicable to the test fuel(s).
adjustable range during certification (iii) The chart is specified in units § 1051.120 What warranty requirements
testing, production-line testing, that are adequate to make it practical for apply to me?
selective enforcement auditing, or in- an operator to keep the vehicle properly (a) General requirements. You must
use testing. jetted during typical use. For example, warrant to the ultimate buyer that the
(d) Other adjustments. This provision charts that specify jet sizes based on new engine meets two conditions:
applies if an experienced mechanic can increments of temperature smaller than (1) It is designed, built, and equipped
change your engine’s air-fuel ratio in 20°F (11.1°C) or increments of altitude to conform at the time of sale with the
less than one hour with a few parts less than 2000 feet would not meet this requirements of this part.
whose total cost is under $50 (in 2001 criteria. Temperature ranges must (2) It is free from defects in materials
dollars). Examples include carburetor overlap by at least 5°F (2.8°C). and workmanship that may keep it from
jets and needles. In the case of (iv) You follow the jetting chart for meeting these requirements.
carburetor jets and needles, your vehicle durability testing. (b) Warranty period. Your emission-
must meet all the requirements of this (v) You do not produce your vehicles related warranty must be valid for at
part for any air-fuel ratio within the with jetting richer than the jetting chart least 50 percent of the vehicle’s
minimum useful life in kilometers or at test vehicles or engines, as described in (c) Special maintenance. You may
least 30 months, whichever comes first. 40 CFR part 1065, subpart E. specify more frequent maintenance to
You may offer an emission-related (a) Critical emission-related address problems related to special
warranty more generous than we maintenance. Critical emission-related situations such as substandard fuel or
require. This warranty may not be maintenance includes any adjustment, atypical engine operation. You may not
shorter than any published or negotiated cleaning, repair, or replacement of air- perform this special maintenance during
warranty you offer for the engine or any induction, fuel-system, or ignition service accumulation or durability
of its components. If a vehicle has no components, aftertreatment devices, testing.
odometer, base warranty periods in this pulse-air valves, exhaust gas (d) Noncritical emission-related
paragraph (b) only on the vehicle’s age recirculation systems, crankcase maintenance. For engine parts not listed
(in years). ventilation valves, sensors, or electronic in paragraph (a) of this section, you may
(c) Components covered. The control units. This may also include any schedule any amount of emission-
emission-related warranty must cover other component whose only purpose is related inspection or maintenance. But
components whose failure would to reduce emissions or whose failure you must state clearly that these steps
increase an engine’s emissions, will increase emissions without are not necessary to keep the emission-
including electronic controls, fuel significantly degrading engine related warranty valid. Also, do not take
injection (for liquid or gaseous fuels), performance. You may schedule critical these inspection or maintenance steps
exhaust-gas recirculation, emission-related maintenance on these during service accumulation on your
aftertreatment, or any other system you components if you meet the following test vehicles or engines.
develop to control emissions. We conditions: (e) Maintenance that is not emission-
generally consider replacing or repairing (1) You may ask us to approve critical related. For maintenance unrelated to
other components to be the owner’s emission-related maintenance only if it emission controls, you may schedule
responsibility. meets two criteria: any amount of inspection or
(d) Scheduled maintenance. You may (i) Operators are reasonably likely to maintenance. You may also take these
schedule emission-related maintenance do the maintenance you call for. inspection or maintenance steps during
for a component named in paragraph (c) (ii) Vehicles need the maintenance to service accumulation on your test
of this section, subject to the restrictions meet emission standards. vehicles or engines. This might include
of § 1051.125. You are not required to (2) We will accept scheduled adding engine oil or adjusting chain
cover this scheduled maintenance under maintenance as reasonably likely to tension, clutch position, or tire pressure.
your warranty if the component meets occur in use if you satisfy any of four (f) Source of parts and repairs. Print
either of the following criteria: conditions: clearly on the first page of your written
(1) The component was in general use (i) You present data showing that, if maintenance instructions that any repair
on similar engines, and was subject to a lack of maintenance increases shop or person may maintain, replace,
scheduled maintenance, before January emissions, it also unacceptably degrades or repair emission-control devices and
1, 2000. the vehicle’s performance. systems. Your instructions may not
(2) Failure of the component would (ii) You present survey data showing require any component or service
clearly degrade the engine’s that 80 percent of vehicles in the field identified by brand, trade, or corporate
performance enough that the operator get the maintenance you specify at the name. Also, do not directly or indirectly
would need to repair or replace it. recommended intervals. condition your warranty on a
(e) Limited applicability. You may requirement that the vehicle be serviced
(iii) You provide the maintenance free
deny warranty claims under this section by your franchised dealers or any other
of charge and clearly say so in
if the operator caused the problem, as service establishments with which you
maintenance instructions for the
described in 1068.115 of this chapter. have a commercial relationship. You
customer.
You may ask us to allow you to exclude may disregard the requirements in this
(iv) You otherwise show us that the
from your emission-related warranty paragraph (f) if you do one of two
maintenance is reasonably likely to be
certified vehicles that have been used things:
done at the recommended intervals.
significantly for competition, especially (1) Provide a component or service
(3) You may not schedule critical
certified motorcycles that meet at least without charge under the purchase
emission-related maintenance within
four of the criteria in § 1051.620(b)(1). agreement.
(f) Aftermarket parts. As noted in the minimum useful life period for
(2) Get us to waive this prohibition in
§ 1068.101 of this chapter, it is a aftertreatment devices, pulse-air valves,
the public’s interest by convincing us
violation of the Act to manufacture a fuel injectors, oxygen sensors, electronic
the vehicle will work properly only
vehicle part if one of its main effects is control units, superchargers, or
with the identified component or
to reduce the effectiveness of the turbochargers.
service.
vehicle’s emission controls. If you make (b) Recommended additional
an aftermarket part, you may—but do maintenance. You may recommend, but § 1051.130 What installation instructions
not have to—certify that using the part not require, any additional amount of must I give to vehicle manufacturers?
will still allow engines to meet emission maintenance on the components listed (a) If you sell an engine for someone
standards, as described in § 85.2114 of in paragraph (a) of this section. else to install in a recreational vehicle,
this chapter. However, you must make it clear that give the engine buyer written
these maintenance steps are not instructions for installing it consistent
§ 1051.125 What maintenance instructions necessary to keep the emission-related with the requirements of this part.
must I give to buyers? warranty valid. If operators do the Include all information necessary to
Give the ultimate buyer of each new maintenance specified in paragraph (a) ensure that engines installed this way
vehicle written instructions for properly of this section, but not the will meet emission standards.
maintaining and using the vehicle, recommended additional maintenance, (b) These instructions must have the
including the emission-control system. this does not allow you to disqualify following information:
The maintenance instructions also them from in-use testing or deny a (1) Include the heading: ‘‘Emission-
apply to service accumulation on your warranty claim. related installation instructions’’.
(2) State: ‘‘Failing to follow these (c) On your label, do these things: showing its emission characteristics
instructions when installing a certified (1) Include the heading ‘‘EMISSION relative to other models. The label
engine in a recreational vehicle may CONTROL INFORMATION’’. should be attached securely to the
violate federal law (40 CFR (2) Include your full corporate name vehicle before it is offered for sale in
1068.105(b)), and subject you to fines or and trademark. such a manner that it would not be
other penalties as described in the Clean (3) State: ‘‘THIS VEHICLE IS accidentally removed prior to sale. Use
Air Act.’’. CERTIFIED TO OPERATE ON [specify the applicable equations of this
(3) Describe any other instructions operating fuel or fuels].’’. paragraph (g) to determine the
needed to install an exhaust (4) Identify the emission-control normalized emission rate (NER) from
aftertreatment device consistent with system; your identifiers must use names the FEL for your vehicle. If the vehicle
your application for certification. and abbreviations consistent with SAE is certified without using the averaging
(4) Describe the steps needed to J1930 (incorporated by reference in provisions of subpart H, use the final
comply with the evaporative emission § 1051.810). deteriorated emission level. Round the
standards in § 1051.110. (5) List all requirements for fuel and resulting normalized emission rate for
(5) Describe any limits on the range of lubricants. your vehicle to the nearest whole
applications needed to ensure that the (6) State the date of manufacture number. We may specify a standardized
engine operates consistently with your [DAY (optional), MONTH, and YEAR]; format for labels. At a minimum, the tag
application for certification. For if you stamp it on the engine and print should include: The manufacturer’s
example, if your engines are certified it in the owner’s manual, you may omit name, vehicle model name, engine
only to the snowmobile standards, tell this information from the emission description (500 cc two-stroke with
vehicle manufacturers not to install the control information label. DFI), the NER, and a brief explanation
engines in other vehicles. (7) State: ‘‘THIS VEHICLE MEETS of the scale (for example, note that 0 is
(6) Describe any other instructions to U.S. ENVIRONMENTAL PROTECTION the cleanest and 10 is the least clean).
make sure the installed engine will AGENCY REGULATIONS FOR [MODEL
operate according to any design (1) For snowmobiles, use the
YEAR] [SNOWMOBILES or OFF-ROAD
specifications you describe in your following equation:
MOTORCYCLES or ATVs].’’.
application for certification. (8) Include EPA’s standardized NER = 16.61 × log(2.667 × HC + CO) ¥
(7) State: ‘‘If you install the engine in designation for the engine family. 38.22
a way that makes the engine’s emission (9) State the engine’s displacement (in Where:
control information label hard to read liters) and maximum brake power. You HC and CO are the cycle-weighted FELs (or
during normal engine maintenance, you do not need to include the engine’s emission rates) for hydrocarbons and carbon
must place a duplicate label on the displacement and power on the monoxide in g/kW–hr.
vehicle, as described in 40 CFR emission control information label if the
1068.105.’’. (2)(i) For off-highway motorcycles
vehicle is permanently labeled with a
(c) You do not need installation with HC+NOX emissions less than or
unique model name that corresponds to
instructions for engines you install in equal to 2.0 g/km, use the following
a specific displacement/power
your own vehicles. equation:
configuration.
§ 1051.135 How must I label and identify (10) State the engine’s useful life if it (NER = 2.500 × (HC + NOX)
the vehicles I produce? is different than the minimum value. Where:
Each of your vehicles must have three (11) List specifications and HC +NOX is the FEL (or the sum of the
labels: a vehicle identification number adjustments for engine tuneups; show cycle-weighted emission rates) for
as described in paragraph (a) of this the proper position for the transmission hydrocarbons and oxides of nitrogen in g/km.
section, an emission control information during tuneup and state which
accessories should be operating. (ii) For off-highway motorcycles with
label as described in paragraphs (b) HC+NOX emissions greater than 2.0
through (e) of this section, and a (12) Identify the emission standards
or family emission limits to which you g/km, use the following equation:
consumer information label as described
in paragraph (g) of this section. have certified the engine. NER = 5.000 × log(HC + NOX) + 3.495
(a) Assign each production vehicle a (d) Some of your engines may need Where:
unique identification number and more information on the emission HC +NOX is the FEL (or the sum of the
permanently and legibly affix, stamp, or control information label. If you cycle-weighted emission rates) for
engrave it on the vehicle. produce an engine or vehicle that we hydrocarbons and oxides of nitrogen in g/km.
(b) At the time of manufacture, add a exempt from the requirements of this
part, see subpart G of this part and 40 (3)(i) For ATVs with HC+NOX
permanent label identifying the emissions less than or equal to 1.5 g/km,
emission controls for each vehicle. This CFR part 1068, subparts C and D, for
more label information. use the following equation:
is the vehicle’s ‘‘emission control
information label.’’ To meet labeling (e) Some engines may not have NER = 3.333 × (HC + NOX)
requirements, do the following things: enough space for an emission control Where:
(1) Attach the label in one piece so it information label with all the required HC +NOX is the FEL (or the sum of the
is not removable without being information. In this case, you may omit cycle-weighted emission rates) for
destroyed or defaced. the information required in paragraphs hydrocarbons and oxides of nitrogen in g/km.
(2) Design and produce it to be (c)(3), (c)(4), and (c)(5) of this section if
(ii) For ATVs with HC+NOX
durable and readable for the vehicle’s you print it in the owner’s manual
emissions greater than 1.5 g/km, use the
entire life. instead.
(f) If you are unable to meet these following equation:
(3) Secure it to a part of the vehicle
(or engine) needed for normal operation labeling requirements, you may ask us NER = 4.444 × log(HC + NOX) + 4.217
and not normally requiring replacement. to modify them consistent with the Where:
(4) Write it in block letters in English. intent of this section. HC +NOX is the FEL (or the sum of the
(5) Attach the label in a location (g) Label every vehicle certified under cycle-weighted emission rates) for
where it can be easily read. this part with a removable hang-tag hydrocarbons and oxides of nitrogen in g/km.
§ 1051.145 What provisions apply only for (3) Your vehicles for model years (iii) A description of the provisions
a limited time? before 2011 may be exempt from the under which the vehicle is either
Apply the following provisions exhaust standards of this part if you exempted or certified.
instead of others in this part for the meet the following criteria: (iv) Other information that we specify
periods and circumstances specified in (i) Produce your vehicles by installing to you in writing.
this section. engines covered by a valid certificate of (b) Optional emission standards for
conformity under 40 CFR part 90 that ATVs. To meet ATV standards for
(a) Provisions for small-volume
shows the engines meet standards for model years before 2009, you may apply
manufacturers. Special provisions apply
Class II engines for each engine’s model the exhaust emission standards by
to you if you are a small-volume
year. model year in paragraph (b)(1) of this
manufacturer subject to the
section while measuring emissions
requirements of this part. Contact us (ii) Do not change the engine in a way using the engine-based test procedures
before 2006 if you intend to use these that we could reasonably expect to in 40 CFR part 1065 instead of the
provisions. increase its exhaust emissions. chassis-based test procedures in 40 CFR
(1) You may delay complying with (iii) The engine meets all applicable part 86.
otherwise applicable emission standards requirements from 40 CFR part 90. This (1) Follow Table 1 of this section for
(and other requirements) for two model applies to engine manufacturers, vehicle exhaust emission standards, while
years. manufacturers who use these engines, meeting all the other requirements of
(2) If you are a small-volume and all other persons as if these engines § 1051.107. You may use emission
manufacturer of snowmobiles, only 50 were not used in recreational vehicles. credits to show compliance with these
percent of the models you produce (iv) Demonstrate that fewer than 50 standards (see subpart H of this part).
(instead of all of the models you percent of the engine model’s total sales, You may not exchange emission credits
produce) must meet emission standards from all companies, are used in with engine families meeting the
in the first two years they apply to you recreational vehicles regulated under standards in § 1051.107(a). You may
as a small-volume manufacturer, as this part. also not exchange credits between
described in paragraph (a)(1) of this (4) All vehicles certified or exempted engine families certified to the
section. For example, this alternate under this paragraph (a) must be labeled standards for engines above 225 cc and
phase-in allowance would allow small- according to our specifications. The engine families certified to the
volume snowmobile manufacturers to label must include the following: standards for engines below 225 cc. The
comply with the Phase 1 exhaust phase-in percentages in the table specify
standards by certifying 50 percent of (i) The heading ‘‘EMISSION the percentage of your U.S.-directed
their snowmobiles in 2008, 50 percent CONTROL INFORMATION’’. production that must comply with the
of their snowmobiles in 2009, and 100 (ii) Your full corporate name and emission standards for those model
percent in 2010. trademark. years. Table 1 follows:
TABLE 1 OF § 1051.145.—OPTIONAL EXHAUST EMISSION STANDARDS FOR ATVS (G/KW–HR)

Emission standards Maximum
allowable
Phase-in family emis-
Engine displacement Model year (percent) sion 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 throttle fully closed, and keep engine (iii) See part 1065 of this chapter for
engine on a dynamometer with the torque under 5 percent of the peak detailed specifications of tolerances and
steady-state duty cycle described in torque value at maximum test speed. calculations.
Table 2 of this section. (ii) For the full-load operating mode,
(iv) Table 2 follows:
(i) During idle mode, hold the speed operate the engine at its maximum
within your specifications, keep the fueling rate.
TABLE 2 OF § 1051.145.—6-MODE DUTY CYCLE FOR RECREATIONAL ENGINES

Engine speed Torque (percent Minimum time
(percent of of maximum Weighting fac-
Mode No. in mode
maximum test test torque at tors
(minutes)
speed) test speed)
1 ..................................................................................................................... 85 100 5.0 0.09
2 ..................................................................................................................... 85 75 5.0 0.20
TABLE 2 OF § 1051.145.—6-MODE DUTY CYCLE FOR RECREATIONAL ENGINES—Continued

Engine speed Torque (percent Minimum time
(percent of of maximum Weighting fac-
Mode No. in mode
maximum test test torque at tors
(minutes)
speed) test speed)
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 (f) Early credits. Snowmobile for one year for each tank-year of credit
in this paragraph (b) use the following manufacturers may generate early generated early.
equation to determine the normalized emission credits in one of the following (4) You may not use credits for a tank
emission rate required by § 1051.135(g): ways, by certifying some or all of their that is larger than the tank from which
NER = 9.898 × log(HC + NOX ¥ 4.898 snowmobiles prior to 2006. Credit you generated the credits.
Where: generating snowmobiles must meet all
HC +NOX is the sum of the cycle-weighted other applicable requirements of this Subpart C—Certifying Engine Families
emission rates for hydrocarbons and oxides part. No early credits may be generated
§ 1051.201 What are the general
of nitrogen in g/kW–hr. by off-highway motorcycles or ATVs. requirements for submitting a certification
(c) Production-line testing. Vehicles (1) You may certify one or more application?
certified to the Phase 1 or Phase 2 snowmobile engine families to FELs (HC (a) Send us an application for a
standards in § 1051.103, or the Phase 1 and CO) below the numerical level of certificate of conformity for each engine
standards in §§ 1051.105 or 1051.107 the Phase 2 standards prior to the date family. Each application is valid for
are exempt from the production-line when compliance with the Phase 1 only one model year.
testing requirements of subpart D of this standard is otherwise required. Credits
(b) The application must not include
part if they are certified without are calculated relative to the Phase 2
false or incomplete statements or
participating in the emission averaging, standards. Credits generated under this
information (see § 1051.255).
banking and trading program described paragraph (f)(1) may be used at any time
(c) We may choose to ask you to send
in Subpart H of this part. before 2012.
us less information than we specify in
(d) Phase-in flexibility. For model (2) You may certify a snowmobile this subpart, but this would not change
years before 2014, if you make a good engine family to FELs (HC and CO) your recordkeeping requirements.
faith effort to comply, but fail to meet below the numerical level of the Phase
(d) Use good engineering judgment for
the sales requirements of this part 1 standards prior to the date when
all decisions related to your application
during a phase-in period for new compliance with the Phase 1 standard is
(see § 1068.5 of this chapter).
standards, or fail to meet the average otherwise required. Credits are
emission standards, we may approve an (e) An authorized representative of
calculated relative to the Phase 1
alternative remedy to offset the emission your company must approve and sign
standards. Credits generated under this
reduction deficit using future emission the application.
paragraph (f)(2) may only be used for
credits under this part. To apply for compliance with the Phase 1 standards. § 1051.205 What must I include in my
this, you must: You may generate credits under this application?
(1) Submit a plan during the paragraph (f)(2) without regard to In your application, do all the
certification process for the first model whether the FELs are above or below the following things unless we ask you to
year of the phase-in showing how you numerical level of the Phase 2 send us less information:
project to meet the sales requirement of standards. (a) Describe the engine family’s
the phase-in. (g) Pull-ahead option for permeation
(2) Notify us less than 30 days after specifications and other basic
emissions. Manufacturers choosing to parameters of the vehicle design. List
you determine that you are likely to fail comply with an early tank permeation
to comply with the sales requirement of the types of fuel you intend to use to
standard of 3.0 g/m2/day prior to model certify the engine family (for example,
the phase-in.
year 2008 may be allowed to delay gasoline, liquefied petroleum gas,
(3) Propose a remedy that will achieve
equivalent or greater emission compliance with the 1.5 g/m2/day methanol, or natural gas). List vehicle
reductions compared to the specified standard, for an equivalent number of configurations and model names that
phase-in requirements, and that will tanks, subject to the following are included in the engine family.
offset the deficit within one model year. provisions: (b) Explain how the emission-control
(e) Snowmobile testing. You may use (1) Pull-ahead tanks meeting the 3.0 g/ systems operate.
the raw sampling procedures described m2/day standard must be certified and (1) Describe in detail all the system
in 40 CFR part 91, subparts D and E, for must meet all applicable requirements components for controlling exhaust
emission testing of snowmobiles for other than those limited to compliance emissions, including auxiliary emission-
model years prior to 2010. For later with the exhaust standards. control devices and all fuel-system
model years, you may use these (2) Tanks for which compliance with components you will install on any
procedures if you show that they the 1.5 g/m2/day standard is delayed production or test vehicle or engine.
produce emission measurements must meet the 3.0 g/m2/day standard. Explain why any auxiliary emission-
equivalent to the otherwise specified (3) You may delay compliance with control devices are not defeat devices
test procedures. the 1.5 g/m2/day standard for one tank (see § 1051.115(f)). Do not include
detailed calibrations for components measurements based on exhaust § 1051.215 What happens after I complete
unless we ask for them. concentrations in parts per million). my application?
(2) Describe the evaporative emission (m) Identify the engine family’s (a) If any of the information in your
controls. deterioration factors and describe how application changes after you submit it,
(c) Describe the vehicles or engines you developed them. Present any amend it as described in § 1051.225.
you selected for testing and the reasons emission test data you used for this. (b) We may deny your application
for selecting them. (n) Describe all adjustable operating (that is, determine that we cannot
(d) Describe any special or alternate parameters and other adjustments (see approve it without revision) if the
test procedures you used (see § 1051.115 (c) and (d)), including the engine family does not meet the
§ 1051.501). following: requirements of this part or the Act. For
(e) Describe how you operated the (1) The nominal or recommended example:
engine or vehicle prior to testing, setting. (1) If you inappropriately use the
including the duty cycle and the (2) The intended physically adjustable provisions of § 1051.230(c) or (d) to
number of engine operating hours used range, including production tolerances define a broader or narrower engine
to stabilize emission levels, and any if they affect the range. family, we will require you to redefine
scheduled maintenance you performed. (3) The limits or stops used to your engine family.
(f) List the specifications of the test establish adjustable ranges. (2) If we determine you did not
fuels to show that they fall within the (4) The air-fuel ratios or jet chart appropriately select the useful life as
required ranges. specified in § 1051.115(d). specified in § 1051.103(c), § 1051.105(c),
(g) Identify the engine family’s useful (o) State that you operated your test or § 1051.107(c), we will require you to
life. vehicles or engines according to the lengthen it.
(h) Propose maintenance and use (3) If we determine you did not
specified procedures and test
instructions for the ultimate buyer of appropriately select deterioration factors
parameters using the fuels described in
each new vehicle (see § 1051.125). under § 1051.240(c), we will require you
the application to show you meet the
(i) Propose emission-related to revise them.
requirements of this part.
installation instructions if you sell (4) If your proposed emission control
(p) State unconditionally that all the
engines for someone else to install in a information label is inconsistent with
vehicles (and/or engines) in the engine
vehicle (see § 1051.130). § 1051.135, we will require you to
family comply with the requirements of
(j) Propose an emission control change it (and tell you how, if possible).
this part, other referenced parts, and the (5) If you require or recommend
information label. Clean Air Act.
(k) Present emission data to show that maintenance and use instructions
(q) Include estimates of U.S.-directed inconsistent with § 1051.125, we will
you meet emission standards. production volumes.
(1) Present exhaust emission data for require you to change them.
(r) Show us how to modify your (6) If we find any other problem with
HC, NOX (as applicable), and CO on a production vehicles to measure your application, we will tell you what
test vehicle or engine to show your emissions in the field (see § 1051.115). the problem is, and what needs to be
vehicles meet the emission standards (s) Add other information to help us corrected.
we specify in subpart B of this part. evaluate your application if we ask for (c) If we determine your application is
Show these figures before and after it. complete and shows that the engine
applying deterioration factors for each
§ 1051.210 May I get preliminary approval family meets all the requirements of this
vehicle or engine. Include test data for
before I complete my application? part and the Act, we will issue a
each type of fuel from part 1065, subpart
certificate of conformity for your engine
C, of this chapter on which you intend If you send us information before you
family for that model year. If we deny
for vehicles in the engine family to finish the application, we will review it
the application, we will explain why in
operate (for example, gasoline, liquefied and make any appropriate
writing. You may then ask us to hold a
petroleum gas, methanol, or natural determinations listed in § 1051.215(b)(1)
hearing to reconsider our decision (see
gas). If we specify more than one grade through (5). Decisions made under this
§ 1051.820).
of any fuel type (for example, a summer section are considered to be preliminary
grade and winter grade of gasoline), you approval. We will generally not § 1051.220 How do I amend the
only need to submit test data for one disapprove applications under maintenance instructions in my
grade, unless the regulations of this part § 1051.215(b)(1) through (5) where we application?
explicitly specify otherwise for your have given you preliminary approval, Send the Designated Officer a request
vehicle. unless we find new and substantial to amend your application for
(2) Present evaporative test data for information supporting a different certification for an engine family if you
HC to show your vehicles meet the decision. want to change the emission-related
evaporative emission standards we (a) If you request preliminary maintenance instructions in a way that
specify in subpart B of this part. Show approval related to the upcoming model could affect emissions. In your request,
these figures before and after applying year or the model year after that, we will describe the proposed changes to the
deterioration factors for each vehicle or make a ‘‘best-efforts’’ attempt to make maintenance instructions.
engine, where applicable. If you did not the appropriate determinations as soon (a) If you are decreasing the specified
perform the testing, identify the source as possible. We will generally not level of maintenance, you may
of the test data. provide preliminary approval related to distribute the new maintenance
(3) Note that § 1051.235 and 1051.245 a future model year more than two years instructions to your customers 30 days
allows you to submit an application in ahead of time. after we receive your request, unless we
certain cases without new emission (b) If we have published general disapprove your request. We may
data. guidance that serves as our approve a shorter time or waive this
(l) Report all test results, including determination for your situation, you requirement.
those from invalid tests or from any may consider that to be preliminary (b) If your requested change would
nonstandard tests (such as approval. not decrease the specified level of
maintenance, you may distribute the a written explanation of our decision. In (2) Location or size of intake and
new maintenance instructions anytime this case, you may no longer produce exhaust valves or ports.
after you send your request. these vehicles, though you may ask for (3) Configuration of the combustion
(c) If you are correcting or clarifying a hearing for us to reconsider our chamber.
your maintenance instructions or if you decision (see § 1051.820). (4) Cylinder stroke or actual bore
are changing instructions for (f) You may ask to change your FEL diameter.
maintenance unrelated to emission in the following cases: (5) Exhaust system.
controls, the requirements of this (1) You may ask to raise your FEL for (d) In some cases, you may include
section do not apply. your engine family after the start of different engines in the same engine
production. You must use the higher family, even though they are not
§ 1051.225 How do I amend my application FEL for the entire family to calculate identical with respect to the things
to include new or modified vehicles or to
your average emission level under listed in paragraph (b) of this section.
change an FEL?
subpart H of this part. In your request, (1) If different engines have similar
(a) You must amend your application you must demonstrate that you will still emission characteristics during the
for certification before you take either of be able to comply with the applicable useful life, we may approve grouping
the following actions: average emission standards as specified them in the same engine family.
(1) Add a vehicle to a certificate of in subparts B and H of this part. (2) If you are a small-volume
conformity. (2) You may ask to lower the FEL for manufacturer, you may group engines
(2) Make a design change for a your engine family after the start of from any vehicles subject to the same
certified engine family that may affect production only when you have test emission standards into a single engine
emissions or an emission-related part data from production vehicles family. This does not change any of the
over the vehicle’s lifetime. indicating that your vehicles comply requirements of this part for showing
(3) Modify an FEL for an engine that an engine family meets emission
with the lower FEL. You may create a
family, as described in paragraph (f) of standards.
separate subfamily with the lower FEL.
this section. (e) If you cannot appropriately define
Otherwise, you must use the higher FEL
(b) Send the Designated Officer a engine families by the method in this
for the family to calculate your average
request to amend the application for section, we will define them based on
emission level under subpart H of this
certification for an engine family. In features related to emission
part.
your request, do all of the following: characteristics.
(3) If you change the FEL during
(1) Describe the vehicle model or (f) You may ask us to create separate
production, you must include the new
configuration you are adding or families for exhaust emissions and
FEL on the emission control information
changing. evaporative emissions. If we do this, list
label for all vehicles produced after the
(2) Include engineering evaluations or both families on the emission control
change.
reasons why the original test vehicle or information label.
engine is or is not still appropriate. § 1051.230 How do I select engine
(3) If the original test vehicle or families? § 1051.235 What emission testing must I
engine for the engine family is not (a) Divide your product line into perform for my application for a certificate
appropriate to show compliance for the families of vehicles that you expect to of conformity?
new or modified vehicle, include new have similar emission characteristics. This section describes the emission
test data showing that the new or Your engine family is limited to a single testing you must perform to show
modified vehicle meets the model year. compliance with the emission standards
requirements of this part. (b) Group vehicles in the same engine in subpart B of this part during
(c) You may start producing the new family if they are the same in all of the certification.
or modified vehicle anytime after the following aspects: (a) Test your emission-data vehicles
time at which you send us your request (1) The combustion cycle. using the procedures and equipment
(for example, the day you mail your (2) The cooling system (water-cooled specified in subpart F of this part.
request). If we determine that the vs. air-cooled). Where specifically required or allowed,
affected vehicles do not meet applicable (3) Configuration of the fuel system test the engine instead of the vehicle.
requirements, we will require you to (for example, port fuel injection vs. For evaporative emissions, test the fuel
cease production of the vehicles and to carburetion). system components separate from the
recall and correct the vehicles at no (4) Method of air aspiration. vehicle.
expense to the owner. If you choose to (5) The number, location, volume, and (b) Select from each engine family a
produce vehicles under this paragraph, composition of catalytic converters. test vehicle or engine, and a fuel system
we will consider that to be consent to (6) Type of fuel. for each fuel type with a configuration
recall all vehicles that we determine do (7) The number, arrangement, and that is most likely to exceed the
not meet applicable standards and other approximate bore diameter of cylinders. emission standards, using good
requirements and to remedy the (8) Evaporative emission controls. engineering judgment, consider the
nonconformity at no expense to the (c) In some cases you may subdivide emission levels of all exhaust
owner. a group of vehicles that is identical constituents over the full useful life of
(d) You must give us test data within under paragraph (b) of this section into the vehicle.
30 days if we ask for more testing, or different engine families. To do this (c) You may use previously generated
stop producing the vehicle if you are not under normal circumstances, you must emission data in the following cases:
able to do this. You may give us an show you expect emission (1) You may submit emission data for
engineering evaluation instead of test characteristics to be different during the equivalent engine families from
data if we agree that you can address useful life or that any of the following previous years instead of doing new
our questions without test data. engine characteristics are different: tests, but only if the data show that the
(e) If we determine that the certificate (1) Method of actuating intake and test vehicle or engine would meet all the
of conformity would not cover your new exhaust timing (poppet valve, reed requirements for the latest vehicle or
or modified vehicle, we will send you valve, rotary valve, etc.). engine models. We may require you to
do new emission testing if we believe plastic fuel tanks, you do not need to at the selected test point by adding the
the latest vehicle or engine models test each engine family. However, you factor to the measured emissions. If the
could be substantially different from the must use good engineering judgment to factor is less than zero, use zero.
previously tested vehicle or engine. determine permeation rates for the (d) After adjusting the emission levels
(2) You may submit emission data for tanks. This requires that more than one for deterioration, round them to the
equivalent engine families performed to fuel tank be tested for each set of same number of decimal places as the
show compliance with other standards treatment conditions. You may not use emission standard. Compare the
(such as California standards) instead of test data from a given tank for any other rounded emission levels to the emission
doing new tests, but only if the data tanks that have thinner walls. You may, standard for each test vehicle.
show that the test vehicle or engine however, use test data from a given tank
would meet all of this part’s § 1051.245 How do I demonstrate that my
for other tanks that have thicker walls.
engine family complies with evaporative
requirements. This applies to both low-hour (i.e., emission standards?
(3) You may submit evaporative baseline testing) and durability testing.
emission data measured by a fuel (a) For certification, your engine
Note that § 1051.245 allows you to use
system supplier. We may require you to family is considered in compliance with
design-based certification instead of
verify that the testing was conducted in the evaporative emission standards in
generating new emission data.
accordance with the applicable subpart B of this part if you do either
regulations. § 1051.240 How do I demonstrate that my of the following:
(d) We may choose to measure engine family complies with exhaust (1) You have test results showing
emissions from any of your test vehicles emission standards? permeation emission levels from the
or engines (or other vehicles or engines (a) For certification, your engine fuel tanks and fuel lines in the family
in the engine family). family is considered to be in compliance are at or below the standards in
(1) If we do this, you must provide the with the numerical exhaust emission § 1051.110 throughout the useful life.
test vehicle or engine at the location we standards in subpart B of this part if all (2) You comply with the design
select. We may decide to do the testing emission-data vehicles representing that specifications in paragraph (e) of this
at your plant or any other facility. If we family have test results showing section.
choose to do the testing at your plant, emission levels at or below the (b) Your engine family does not
you must schedule it as soon as possible standards. comply if any fuel tank or fuel line
and make available the instruments and (b) Your engine family does not representing that family has test results
equipment we need. comply if any emission-data vehicle showing emission levels above the
(2) If we measure emissions on one of representing that family has test results standards.
your test vehicles or engines, the results showing emission levels above the (c) To compare emission levels with
of that testing become the official data standards for any pollutant. the emission standards, apply
for the vehicle or engine. Unless we (c) To compare emission levels from deterioration factors (to three significant
later invalidate this data, we may decide the emission-data vehicle with the figures) to the measured emission levels.
not to consider your data in determining emission standards, apply deterioration The deterioration factor is a number that
if your engine family meets the emission factors (to three significant figures) to shows the relationship between
standards. the measured emission levels. The emissions at the end of useful life and
(3) Before we test one of your vehicles deterioration factor is a number that at the low-hour test point. For
or engines, we may set its adjustable shows the relationship between exhaust permeation emissions, the deterioration
parameters to any point within the emissions at the end of useful life and factor is the difference between
physically adjustable ranges (see at the low-hour test point. Section evaporative emissions at the end of
§ 1051.115(c)). We may also adjust the 1051.520 specifies how to test your useful life and evaporative emissions at
air-fuel ratio within the adjustable range vehicle to develop deterioration factors the low-hour test point. Adjust the
specified in § 1051.115(d). that estimate the change in emissions official emission results for each tested
(4) Calibrate the test vehicle or engine over your vehicle’s full useful life. vehicle at the selected test point by
within normal production tolerances for Small-volume manufacturers may use adding the factor to the measured
anything not covered by § 1051.115(c) assigned deterioration factors that we emissions. If the factor is less than zero,
and (d) of this section. establish. Apply the deterioration use zero.
(e) If you are a small-volume factors as follows: (1) Section 1051.515 specifies how to
manufacturer, you may certify by design (1) For vehicles that use test your fuel tanks to develop
on the basis of preexisting exhaust aftertreatment technology, such as deterioration factors that estimate the
emission data for similar technologies catalytic converters, the exhaust change in emissions over your vehicle’s
and other relevant information, and in deterioration factor is the ratio of full useful life. Small-volume
accordance with good engineering exhaust emissions at the end of useful manufacturers may use assigned
judgment. In those cases, you are not life to exhaust emissions at the low-hour deterioration factors that we establish.
required to test your vehicles. test point. Adjust the official emission Apply the deterioration factors as
This is called ‘‘design-certification’’ or results for each tested vehicle at the follows:
‘‘certifying by design.’’ To certify by selected test point by multiplying the (i) Calculate the deterioration factor
design, you must show that the measured emissions by the deterioration from emission tests performed before
technology used on your engines is factor. If the factor is less than one, use and after the durability tests described
sufficiently similar to the previously one. in § 1051.515(c) and using good
tested technology that a person (2) For vehicles that do not use engineering judgment. The durability
reasonably familiar with emission- aftertreatment technology, the exhaust tests described in § 1051.515(c)
control technology would believe that deterioration factor is the difference represent the minimum requirements
your engines will comply with the between exhaust emissions at the end of for determining a deterioration factor.
emission standards. useful life and exhaust emissions at the You may not use a deterioration factor
(f) For fuel tanks that are certified low-hour test point. Adjust the official that is less than the difference between
based on permeability treatments for emission results for each tested vehicle evaporative emissions before and after
the durability tests described in (d) After adjusting the emission levels complies with the evaporative emission
§ 1051.515(c). for deterioration, round them to the standards by demonstrating that you use
(ii) Do not apply the deterioration same number of decimal places as the the following control technologies:
factor to test results for tanks that have emission standard. Compare the (1) For certification to the standards
already undergone these durability tests. rounded emission levels to the emission specified in § 1051.110(a) with the
(2) Determine the deterioration factor standard for each test vehicle.
control technologies shown in the
for fuel lines using good engineering (e) You may demonstrate for
judgment. certification that your engine family following table:
TABLE 1 OF § 1051.245.—DESIGN-CERTIFICATION TECHNOLOGIES FOR CONTROLLING TANK PERMEATION

Then you may design-certify with a tank emis-
If the tank permeability control technology is . . . sion level of . . .
(i) A metal fuel tank with no non-metal gaskets or with gaskets made from a low-permeability 1.5 g/m 2/day.
material 1.
(ii) A metal fuel tank with non-metal gaskets with an exposed surface area of 1000 mm 2 or 1.5 g/m 2/day.
less.
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 control technologies shown in the

specified in § 1051.110(b) with the following table:
TABLE 2 OF § 1051.245.—DESIGN-CERTIFICATION TECHNOLOGIES FOR CONTROLLING FUEL-LINE PERMEATION

Then you may design-certify with a fuel line
If the fuel-line permeability control technology is . . . jennifer permeation emission level of . . .
(i) Hose meeting Category 1 permeation specifications in SAE J2260 (incorporated by ref- 15 g/m2/day.
erence in § 1051.810).
(ii) Hose meeting the R11–A or R12 permeation specifications in SAE J30 (incorporated by ref- 15 g/m2/day.
erence in § 1051.810).
(3) We may establish additional (iv) All your emission tests, including you do not meet emission standards or
design certification options where we documentation on routine and standard other requirements, including any
find that new test data demonstrate that tests, as specified in part 1065 of this testing that we conduct under paragraph
the use of other technology designs will chapter or other applicable test (g) of this section. If we deny your
ensure compliance with the applicable procedures regulations, and the date application, we will explain why in
emission standards. and purpose of each test. writing.
(v) All tests to diagnose engine or (b) In addition, we may deny your
§ 1051.250 What records must I keep and emission-control performance, giving application or revoke your certificate if
make available to EPA?
the date and time of each and the you do any of the following:
(a) Organize and maintain the reasons for the test. (1) Refuse to comply with any testing
following records to keep them readily (vi) Any other significant events. or reporting requirements.
available; we may review these records (b) Keep routine data from emission (2) Submit false or incomplete
at any time: tests (such as test cell temperatures and information (paragraph (d) of this
(1) A copy of all applications and any relative humidity readings) for one year section applies if this is fraudulent).
summary information you sent us. after we issue the associated certificate (3) Render inaccurate any test data.
(2) Any of the information we specify of conformity. Keep all other (4) Deny us from completing
in § 1051.205 that you did not include information specified in paragraph (a) of authorized activities despite our
in your application. this section for eight years after we issue presenting a warrant or court order (see
(3) A detailed history of each your certificate. § 1068.20 of this chapter).
emission-data vehicle. In each history, (c) Store these records in any format (5) Produce vehicle or engines for
describe all of the following: and on any media, as long as you can importation into the United States at a
(i) The emission-data vehicle’s promptly send us organized, written location where local law prohibits us
construction, including its origin and records in English if we ask for them. from carrying out authorized activities.
buildup, steps you took to ensure that (d) Send us copies of any (c) We may void your certificate if you
it represents production vehicles, any maintenance instructions or do not keep the records we require or
components you built specially for it, explanations if we ask for them. do not give us information when we ask
and all emission-related components. for it.
(ii) How you accumulated vehicle or § 1051.255 When may EPA deny, revoke, (d) We may void your certificate if we
engine operating hours, including the or void my certificate of conformity? find that you intentionally submitted
dates and the number of hours (a) We may deny your application for false or incomplete information.
accumulated. certification if your engine family fails (e) We may void your certificate for
(iii) All maintenance (including to comply with emission standards or any family certified to an FEL above the
modifications, parts changes, and other other requirements of the regulation or allowable average if you fail to show in
service) and the dates and reasons for the Act. Our decision may be based on your end-of-year report that your
the maintenance. any information available to us showing average emission levels are below the
applicable standards in subpart B of this over the preceding two-year period, you (3) We may adjust the air-fuel ratio
part, or that you have sufficient credits may ask for a reduced testing rate for within the adjustable range specified in
to offset a credit deficit for the model further production-line testing for that § 1051.115(d).
year. family. The minimum testing rate is one (e) Stabilizing emission levels. Before
(f) If we deny your application or vehicle or engine per engine family. If you test production-line vehicles or
revoke or void your certificate, you may we reduce your testing rate, we may engines, you may operate the vehicle or
ask for a hearing (see § 1051.820). Any limit our approval to a any number of engine to stabilize the emission levels.
such hearing will be limited to model years. In determining whether to Using good engineering judgment,
substantial and factual issues. approve your request, we may consider operate your vehicles or engines in a
(g) We may conduct confirmatory the number of vehicles or engines that way that represents the way they will be
testing of your vehicles as part of have failed the emission tests. used. You may operate each vehicle or
certification. We may deny your (f) We may ask you to make a engine for no more than the greater of
application for certification or revoke reasonable number of production-line two periods:
your certificate if your vehicles fail to vehicles or engines available for a (1) 50 hours.
comply with emission standards or reasonable time so we can test or (2) The number of hours you operated
other requirements during confirmatory inspect them for compliance with the the emission-data vehicle used for
testing. requirements of this part. certifying the engine family (see 40 CFR
(g) The requirements of this subpart part 1065, subpart E, or the applicable
Subpart D—Testing Production-line do not apply to engine families certified regulations governing how you should
Engines under the provisions of § 1051.630. prepare your test vehicle or engine).
(f) Damage during shipment. If
§ 1051.301 When must I test my § 1051.305 How must I prepare and test my
production-line vehicles or engines?
shipping a vehicle or engine to a remote
production-line vehicles or engines? facility for production-line testing
(a) If you certify vehicles to the (a) Test procedures. Test your makes necessary an adjustment or
standards of this part, you must test production-line vehicles or engines repair, you must wait until after the
them as described in this subpart. If using the applicable testing procedures after the initial emission test to do this
your vehicle is certified to g/kW-hr in subpart F of this part to show you work. We may waive this requirement if
standards, then test the engine; meet the emission standards in subpart the test would be impossible or unsafe,
otherwise, test the vehicle. The B of this part. or if it would permanently damage the
provisions of this subpart do not apply (b) Modifying a test vehicle or engine. vehicle or engine. Report to us, in your
to small-volume manufacturers. Once a vehicle or engine is selected for written report under § 1051.345, all
(b) We may suspend or revoke your testing (see § 1051.310), you may adjust, adjustments or repairs you make on test
certificate of conformity for certain repair, prepare, or modify it or check its vehicles or engines before each test.
engine families if your production-line emissions only if one of the following is (g) Retesting after invalid tests. You
vehicles or engines do not meet the true: may retest a vehicle or engine if you
requirements of this part or you do not (1) You document the need for doing determine an emission test is invalid.
fulfill your obligations under this so in your procedures for assembling Explain in your written report reasons
subpart (see §§ 1051.325 and 1051.340). and inspecting all your production for invalidating any test and the
(c) Other requirements apply to vehicles or engines and make the action emission results from all tests. If you
vehicles and engines that you produce. routine for all the vehicles or engines in retest a vehicle or engine, you may ask
Other regulatory provisions authorize us the engine family. us to substitute results of the new tests
to suspend, revoke, or void your (2) This subpart otherwise specifically for the original ones. You must ask us
certificate of conformity, or order recalls allows your action. within ten days of testing. We will
for engines families without regard to (3) We approve your action in generally answer within ten days after
whether they have passed these advance. we receive your information.
production-line testing requirements. (c) Malfunction. If a vehicle or engine
The requirements of this subpart do not malfunction prevents further emission § 1051.310 How must I select vehicles or
affect our ability to do selective testing, ask us to approve your decision engines for production-line testing?
enforcement audits, as described in part to either repair it or delete it from the (a) Use test results from two vehicles
1068 of this chapter. Individual vehicles test sequence. or engines for each engine family to
and engines in families that pass these (d) Setting adjustable parameters. calculate the required sample size for
production-line testing requirements Before any test, we may adjust or the test period. Update this calculation
must also conform to all applicable require you to adjust any adjustable with each test.
regulations of this part and part 1068 of parameter to any setting within its (1) For engine families with projected
this chapter. physically adjustable range. annual sales of at least 1600, the test
(d) You may ask to use an alternate (1) We may adjust idle speed outside periods are consecutive quarters (3
program for testing production-line the physically adjustable range as months). If your annual production
vehicles or engines. In your request, you needed only until the vehicle or engine period is less than 12 months long,
must show us that the alternate program has stabilized emission levels (see define your test periods by dividing
gives equal assurance that your products paragraph (e) of this section). We may your annual production period into
meet the requirements of this part. If we ask you for information needed to approximately equal segments of 70 to
approve your alternate program, we may establish an alternate minimum idle 125 calendar days.
waive some or all of this subpart’s speed. (2) For engine families with projected
requirements. (2) We may make or specify annual sales below 1600, the test period
(e) If you certify an engine family with adjustments within the physically is the whole model year.
carryover emission data, as described in adjustable range by considering their (b) Early in each test period, randomly
§ 1051.235(c), and these equivalent effect on emission levels, as well as how select and test an engine from the end
engine families consistently pass the likely it is someone will make such an of the assembly line for each engine
production-line testing requirements adjustment with in-use vehicles. family.
(1) In the first test period for newly (c) Calculate the required sample size t95 = 95% confidence coefficient, which
certified engines, randomly select and for each engine family. Separately depends on the number of tests
test one more engine. Then, calculate calculate this figure for HC, NOX (or completed, n, as specified in the table
the required sample size for the test HC+NOX), and CO (and other regulated in paragraph (c)(1) of this section. It
period as described in paragraph (c) of pollutants). The required sample size is defines 95% confidence intervals for
this section. the greater of these calculated values. a one-tail distribution.
(2) In later test periods or for engine Use the following equation: x = Mean of emission test results of the
families relying on previously submitted sample.
2
test data, combine the new test result  (t × σ  STD = Emission standard (or family
with the last test result from the N =  95  +1 emission limit, if applicable).
previous test period. Then, calculate the  ( x − STD)  s = Test sample standard deviation (see
required sample size for the new test Where: paragraph (c)(2) of this section).
period as described in paragraph (c) of N = Required sample size for the model (1) Determine the 95% confidence
this section. year. 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, (1) The sample size, n, for an engine an engine family basis. See § 1051.320
s, for the test sample using the family is greater than the required for the requirements that apply to
following formula: sample size, N, and the sample mean, x, individual vehicles or engines that fail
is less than or equal to the emission a production-line test. (a) Calculate your
σ=
∑ (X i − x) 2 standard. For example, if N = 3.1 after
the third test, the sample-size
test results. Round them to the number
of decimal places in the emission
n −1 calculation does not allow you to stop standard expressed to one more decimal
testing. place.
Where: (2) The engine family does not (1) Initial and final test results.
Xi = Emission test result for an comply according to § 1051.325. Calculate and round the test results for
individual vehicle or engine. (3) You test 30 vehicles or engines each vehicle or engine. If you do several
n = The number of tests completed in from the engine family. tests on a vehicle or engine, calculate
an engine family. (4) You test one percent of your the initial test results, then add them
(d) Use final deteriorated test results projected annual U.S.-directed together and divide by the number of
to calculate the variables in the production volume for the engine tests and round for the final test results
equations in paragraph (c) of this family. on that vehicle or engine.
section (see § 1051.315(a)). (5) You choose to declare that the (2) Final deteriorated test results.
(e) After each new test, recalculate the engine family fails the requirements of Apply the deterioration factor for the
required sample size using the updated this subpart. (h) If the sample-size engine family to the final test results
mean values, standard deviations, and calculation allows you to stop testing for (see § 1051.240(c)).
the appropriate 95-percent confidence a pollutant, you must continue (b) Construct the following CumSum
coefficient. measuring emission levels of that Equation for each engine family for HC,
(f) Distribute the remaining vehicle or pollutant for any additional tests NOX (or HC+NOX), and CO emissions
engine tests evenly throughout the rest required under this section. However, (and other regulated pollutants):
of the year. You may need to adjust your you need not continue making the
schedule for selecting vehicles or calculations specified in this section for C i = C i-1 + X i − (STD + 0.25 × σ )
engines if the required sample size that pollutant. This paragraph does not
affect the requirements in section Where:
changes. Continue to randomly select Ci = The current CumSum statistic.
vehicles or engines from each engine § 1051.320.
Ci–1 = The previous CumSum statistic.
family; this may involve testing vehicles (i) You may elect to test more
For the first test, the CumSum statistic
ER08NO02.010</MATH>
or engines that operate on different randomly chosen vehicles or engines

is 0 (i.e. C1 = 0).
fuels. than we require. Include these vehicles
Xi = The current emission test result for
or engines in the sample-size
(g) Continue testing any engine family an individual vehicle or engine.
calculations. STD = Emission standard.
for which the sample mean, x, is greater
than the emission standard. This applies
ER08no02.009</MATH>
§ 1051.315 How do I know when my engine (c) Use final deteriorated test results
if the sample mean for either HC, NOX family fails the production-line testing to calculate the variables in the equation
(or HC+NOX), or CO (or other regulated requirements? in paragraph (b) of this section (see
pollutants) is greater than the emission This section describes the pass-fail § 1051.315(a)).
standard. Continue testing until one of criteria for the production-line testing (d) After each new test, recalculate the
ER08no02.008</MATH>
the following things happens: requirements. We apply this criteria on CumSum statistic.
(e) If you test more than the required erroneous information in deciding to (b) To sell vehicles from an engine
number of vehicles or engines, include suspend the certificate, we will reinstate family with a revoked certificate of
the results from these additional tests in the certificate. conformity, you must modify the engine
the CumSum Equation. (d) Section 1051.335 specifies steps family and then show it complies with
(f) After each test, compare the you must take to remedy the cause of the requirements of this part.
current CumSum statistic, Ci, to the the production-line failure. All the (1) If we determine your proposed
recalculated Action Limit, H, defined as vehicles you have produced since the design change may not control
H = 5.0 × s. end of the last test period are presumed emissions for the vehicle’s full useful
(g) If the CumSum statistic exceeds noncompliant and should be addressed life, we will tell you within five working
the Action Limit in two consecutive in your proposed remedy. We may days after receiving your report. In this
tests, the engine family fails the require you to apply the remedy to case we will decide whether
production-line testing requirements of engines produced earlier if we production-line testing will be enough
this subpart. Tell us within ten working determine that the cause of the failure for us to evaluate the change or whether
days if this happens. You may request is likely to have affected the earlier you need to do more testing.
to amend the application for engines. (2) Unless we require more testing,
certification to raise the FEL of the (e) You may request to amend the you may show compliance by testing
engine family at this point if you meet application for certification to raise the production-line vehicles or engines as
the requirements of § 1051.225(f). FEL of the engine family before or after described in this subpart.
(h) If you amend the application for we suspend your certificate if you meet (3) We will issue a new or updated
certification for an engine family under the requirements of § 1051.225(f). certificate of conformity when you have
§ 1051.225, do not change any previous met these requirements.
§ 1051.330 May I sell vehicles from an
calculations of sample size or CumSum engine family with a suspended certificate § 1051.345 What production-line testing
statistics for the model year. of conformity? records must I send to EPA?
§ 1051.320 What happens if one of my You may sell vehicles that you Do all the following things unless we
production-line vehicles or engines fails to produce after we suspend the engine ask you to send us less information:
meet emission standards? family’s certificate of conformity under (a) Within 30 calendar days of the end
§ 1051.315 only if one of the following of each calendar quarter, send us a
(a) If you have a production-line
occurs: report with the following information:
vehicle or engine with final deteriorated (1) Describe any facility used to test
test results exceeding one or more (a) You test each vehicle or engine
you produce and show it complies with production-line vehicles or engines and
emission standards (see § 1051.315(a)), state its location.
the certificate of conformity is emission standards that apply.
(b) We conditionally reinstate the (2) State the total U.S.-directed
automatically suspended for that failing production volume and number of tests
vehicle or engine. You must take the certificate for the engine family. We may
do so if you agree to recall all the for each engine family.
following actions before your certificate (3) Describe how you randomly
of conformity can cover that vehicle or affected vehicles and remedy any
selected vehicles or engines.
engine: noncompliance at no expense to the
(4) Describe your test vehicles or
(1) Correct the problem and retest the owner if later testing shows that the engines, including the engine family’s
vehicle or engine to show it complies engine family still does not comply. identification and the vehicle’s model
with all emission standards. § 1051.335 How do I ask EPA to reinstate year, build date, model number,
(2) Include in your written report a my suspended certificate? identification number, and number of
description of the test results and the (a) Send us a written report asking us hours of operation before testing for
remedy for each vehicle or engine (see to reinstate your suspended certificate. each test vehicle or engine.
§ 1051.345). In your report, identify the reason for (5) Identify where you accumulated
(b) You may request to amend the noncompliance, propose a remedy for hours of operation on the vehicles or
application for certification to raise the the engine family, and commit to a date engines and describe the procedure and
FEL of the entire engine family at this for carrying it out. In your proposed schedule you used.
point (see § 1051.225). remedy include any quality control (6) Provide the test number; the date,
measures you propose to keep the time and duration of testing; test
§ 1051.325 What happens if an engine procedure; initial test results before and
family fails the production-line problem from happening again.
(b) Give us data from production-line after rounding; final test results; and
requirements?
testing that shows the remedied engine final deteriorated test results for all
(a) We may suspend your certificate of tests. Provide the emission results for all
conformity for an engine family if it fails family complies with all the emission
standards that apply. measured pollutants. Include
under § 1051.315. The suspension may information for both valid and invalid
apply to all facilities producing vehicles § 1051.340 When may EPA revoke my tests and the reason for any
or engines from an engine family, even certificate under this subpart and how may invalidation.
if you find noncompliant vehicles or I sell these vehicles again? (7) Describe completely and justify
engines only at one facility. (a) We may revoke your certificate for any nonroutine adjustment,
(b) We will tell you in writing if we an engine family in the following cases: modification, repair, preparation,
suspend your certificate in whole or in (1) You do not meet the reporting maintenance, or test for the test vehicle
part. We will not suspend a certificate requirements. or engine if you did not report it
until at least 15 days after the engine (2) Your engine family fails to comply separately under this subpart. Include
family fails. The suspension is effective with the requirements of this subpart the results of any emission
when you receive our notice. and your proposed remedy to address a measurements, regardless of the
(c) Up to 15 days after we suspend the suspended certificate under § 1051.325 procedure or type of vehicle.
certificate for an engine family, you may is inadequate to solve the problem or (8) Provide the CumSum analysis
ask for a hearing (see § 1051.820). If we requires you to change the vehicle’s required in § 1051.315 for each engine
agree before a hearing that we used design or emission-control system. family.
(9) Report on each failed vehicle or (5) Any records related to your engine testing. For motorcycles with
engine as described in § 1051.320. production-line tests that are not in the engine displacement at or below 169 cc
(10) State the date the calendar written report. and all ATVs, use the driving schedule
quarter ended for each engine family. (6) A brief description of any in paragraph (c) of Appendix I to 40
(b) We may ask you to add significant events during testing not CFR part 86. For all other motorcycles
information to your written report, so otherwise described in the written use the driving schedule in paragraph
we can determine whether your new report or in this section. (b) of Appendix I to part 86. With
vehicles conform with the requirements (7) Any information specified in respect to vehicle-speed governors, test
of this subpart. § 1051.345 that you do not include in motorcycles and ATVs in their
(c) An authorized representative of your written reports. ungoverned configuration, unless we
your company must sign the following (e) If we ask, you must give us approve in advance testing in a
statement: projected or actual production figures governed configuration. We will only
We submit this report under Sections 208
for an engine family. We may ask you approve testing in a governed
and 213 of the Clean Air Act. Our to divide your production figures by configuration if you can show that the
production-line testing conformed rated brake power, displacement, fuel governor is permanently installed on all
completely with the requirements of 40 CFR type, or assembly plant (if you produce production vehicles and is unlikely to
part 1051. We have not changed production vehicles or engines at more than one be removed in-use. With respect to
processes or quality-control procedures for plant). engine-speed governors, test
the engine family in a way that might affect (f) Keep a list of vehicle or engine motorcycles and ATVs in their governed
the emission control from production identification numbers for all the configuration.
vehicles (or engines). All the information in vehicles or engines you produce under (c) Permeation testing. (1) Use the
this report is true and accurate, to the best equipment and procedures specified in
each certificate of conformity. Give us
of my knowledge. I know of the penalties for
this list within 30 days if we ask for it. § 1051.515 to measure fuel tank
violating the Clean Air Act and the
regulations. (Authorized Company (g) We may ask you to keep or send permeation emissions.
Representative) other information necessary to (2) Prior to permeation testing of fuel
implement this subpart. hose, the hose must be preconditioned
(d) Send electronic reports of by filling the hose with the fuel
production-line testing to the Subpart E—Testing In-use Engines specified in (d)(3) of this section, sealing
Designated Officer using an approved [Reserved] the openings, and soaking the hose for
information format. If you want to use 4 weeks at 23 °C±5° C. To measure fuel-
a different format, send us a written Subpart F—Test Procedures line permeation emissions, use the
request with justification for a waiver. equipment and procedures specified in
(e) We will send copies of your § 1051.501 What procedures must I use to SAE J30 (incorporated by reference in
reports to anyone from the public who test my vehicles or engines?
§ 1051.810). The measurements must be
asks for them. See § 1051.815 for This section describes test procedures performed at 23 ° C using the fuel
information on how we treat that you use to show compliance with specified in paragraph (d)(3) of this
information you consider confidential. the requirements of this part. See section.
§ 1051.235 to determine when testing is (d) Fuels. Use the fuels meeting the
§ 1051.350 What records must I keep? required for certification. See subpart D following specifications:
(a) Organize and maintain your of this part for the production-line (1) Exhaust. Use the fuels and
records as described in this section. We testing requirements. lubricants specified in 40 CFR part
may review your records at any time, so (a) Snowmobiles. For snowmobiles, 1065, subpart C, for all the testing and
it is important to keep required use the equipment and procedures for service accumulation we require in this
information readily available. spark-ignition engines in part 1065 of part.
(b) Keep paper records of your this chapter to show your snowmobiles (2) Fuel Tank Permeation. (i) For the
production-line testing for one full year meet the duty-cycle emission standards preconditioning soak described in
after you complete all the testing in § 1051.103. Measure HC, NOX (as § 1051.515(a)(1) and fuel slosh
required for an engine family in a model applicable), CO, and CO2 emissions durability test described in
year. You may use any additional using the dilute sampling procedures in § 1051.515(c)(4), use the fuel specified
storage formats or media if you like. part 1065 of this chapter. For steady- in Table 1 of § 1065.210 of this chapter
(c) Keep a copy of the written reports state testing, you may use raw-gas blended with 10 percent ethanol by
described in § 1051.345. sampling methods (such as those volume. As an alternative, you may use
(d) Keep the following additional described in 40 CFR part 91), provided Fuel CE10, which is Fuel C as specified
records: they have been shown to produce in ASTM D 471–98 (incorporated by
(1) A description of all test equipment measurements equivalent to the dilute reference in § 1051.810) blended with
for each test cell that you can use to test sampling methods specified in part 10 percent ethanol by volume.
production-line vehicles or engines. 1065 of this chapter. Use the duty cycle (ii) For the permeation measurement
(2) The names of supervisors involved in § 1051.505. test in § 1051.515(b), use the fuel
in each test. (b) Motorcycles and ATVs. For specified in Table 1 of § 1065.210 of this
(3) The name of anyone who motorcycles and ATVs, use the chapter. As an alternative, you may use
authorizes adjusting, repairing, equipment, procedures, and duty cycle the fuel specified in paragraph (d)(2)(i)
preparing, or modifying a test vehicle or in 40 CFR part 86, subpart F, to show of this section.
engine and the names of all supervisors your vehicles meet the exhaust emission (3) Fuel Hose Permeation. Use the fuel
who oversee this work. standards in § 1051.105 or § 1051.107. specified in Table 1 of § 1065.210 of this
(4) If you shipped the vehicle or Measure HC, NOX, CO, and CO2. If we chapter blended with 10 percent ethanol
engine for testing, the date you shipped allow you to certify ATVs based on by volume for permeation testing of fuel
it, the associated storage or port facility, engine testing, use the equipment, lines and tanks. As an alternative, you
and the date the vehicle or engine procedures, and duty cycle described or may use Fuel CE10, which is Fuel C as
arrived at the testing facility. referenced in that section that allows specified in ASTM D 471–98
(incorporated by reference in that are not representative of in-use equivalent, we will allow you to use
§ 1051.810) blended with 10 percent operation of that vehicle, you must them. You may not use alternate
ethanol by volume. notify us. If we determine that using procedures until we approve them.
(e) Special procedures for engine these procedures would result in (iv) You may ask to use special test
testing. (1) You may use special or measurements that are significantly procedures if your vehicle cannot be
alternate procedures, as described in unrepresentative and that changes to the tested using the specified test
§ 1065.10 of this chapter. procedures will result in more procedures (for example, it is incapable
(2) We may reject data you generate representative measurements that do not of operating on the specified transient
using alternate procedures if later decrease the stringency of emission cycle). In this case, send us a written
testing with the procedures in part 1065 standards or other requirements, we will request showing that you cannot
of this chapter shows contradictory specify changes to the procedures. In satisfactorily test your engines using the
emission data. your notification to us, you should test procedures of this part. We will
(f) Special procedures for vehicle recommend specific changes you think allow you to use special test procedures
testing. (1) You may use special or are necessary. if we determine that they would
alternate procedures, as described in (ii) You may ask to use emission data
produce emission measurements that
paragraph (f)(3) of this section. collected using other test procedures,
(2) We may reject data you generate are representative of those that would
such as those of the California Air
using alternate procedures if later result from measuring emissions during
Resources Board or the International
testing with the otherwise specified in-use operation. You may not use
Organization for Standardization. We
procedures shows contradictory will allow this only if you show us that special procedures until we approve
emission data. these data are equivalent to data them.
(3)(i) The test procedures specified for collected using our test procedures. § 1051.505 What special provisions apply
vehicle testing are intended to produce (iii) You may ask to use alternate for testing snowmobiles?
emission measurements equivalent to procedures that produce measurements
those that would result from measuring equivalent to those obtained using the Use the following special provisions
emissions during in-use operation using specified procedures. In this case, send for testing snowmobiles:
the same vehicle configuration. If good us a written request showing that your (a) Measure emissions by testing the
engineering judgment indicates that use alternate procedures are equivalent to engine on a dynamometer with the
of the procedures in this part for a the test procedures of this part. If you steady-state duty cycle described in the
vehicle would result in measurements prove to us that the procedures are following Table:
TABLE 1 OF § 1051.505.—5–MODE DUTY CYCLE FOR SNOWMOBILES

Torque
Engine speed (percent of Minimum time
(percent of maximum test Weighting
in mode
maximum test torque at max- factors
(minutes)
speed) imum test
speed)
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 (e) See part 1065 of this chapter for device located in the intake air plenum
engine with the following parameters: detailed specifications of tolerances and where fuel spitback is not likely to
(1) Hold the speed within your calculations. occur.
specifications. (f) You may test snowmobiles at (2) Choose a time and location with
ambient temperatures below 20 °C or the following weather conditions:
(2) Keep the throttle at the idle-stop using intake air temperatures below 20 windspeed less than 10 knots, no falling
position. °C if you show that such testing precipitation, air temperature between
(3) Keep engine torque under 5 complies with § 1065.10(c)(1) of this ¥20 °C and 0 °C (¥4 °F and 32 °F).
percent of the peak torque value at chapter. You must get our approval (3) Operate the snowmobile until its
maximum test speed. before you begin the emission testing. engine reaches a steady operating
For example, the following approach temperature.
(c) For the full-load operating mode,
would be appropriate to show that such (4) Operate the snowmobile on a level
operate the engine at wide-open throttle.
testing complies with § 1065.10(c)(1) of surface free of other vehicle traffic.
(d) Ambient temperatures during this chapter: Operate the snowmobile at each
testing must be between 20 °C and 30 (1) Using good engineering judgment, specified engine speed corresponding to
°C (68 °F and 86 °F), or other instrument a representative snowmobile each mode in the emissions test specific
representative test temperatures, as built with a representative engine from to the engine being tested. When
specified in paragraph (g) of this the family being tested with an readings are stable, record the
section. appropriate temperature measuring temperature in the intake air plenum
and the ambient temperature. Calculate grams. (You may use less precise the same tank before the durability tests
the temperature difference between the weights as long as the difference in mass (but after the preconditioning step
air in the plenum and the ambient air from the start of the test to the end of described in paragraph (a) of this
for each mode. the test has at least three significant section). For the purposes of
(5) Calculate the nominal intake air figures.) deterioration factor determination, the
test temperature for each test mode as (2) Carefully place the tank within a permeation tests before and after the
¥10 °C (14 °F) plus the temperature ventilated temperature-controlled room durability testing must be performed on
difference for the corresponding mode or enclosure. Do not spill any fuel. the fuel specified in § 1051.501 (d)(2)(i).
determined in (g)(4) of this section. (3) Close the room or enclosure and You may ask to exclude any of the
(6) Before the emissions test, select record the time. following durability tests if you can
the appropriate carburetor jetting for (4) Ensure that the measured clearly demonstrate that it does not
¥10 °C (14 °F) conditions according to temperature in the room or enclosure is affect the emissions from your fuel tank.
the jet chart. For each mode, maintain 28±2 °C.
(1) Perform a pressure test by sealing
the inlet air temperature within 5 °C of (5) Leave the tank in the room or
enclosure for 2 to 4 weeks, consistent the tank and cycling it between +2.0
the corresponding modal temperature
with good engineering judgment (based psig and ¥0.5 psig and back to +2.0
calculated in (g)(5) of this section.
(7) Adjust other operating parameters on the permeation rate). Do not stop psig for 10,000 cycles at a rate 60
to be consistent with operation at ¥10 soaking before 4 weeks unless you know seconds per cycle.
°C (14 °F). For example, this may that you can measure the weight loss (2) Perform a sunlight-exposure test
require that you modify the engine during the test to at least three by exposing the tank to an ultraviolet
cooling system used in the laboratory to significant figures earlier. light of at least 0.40 W-hr/m 2/min on
make its performance representative of (6) Hold the temperature of the room the tank surface for 15 hours per day for
cold-temperature operation. or enclosure to 28±2 °C; measure and 4 weeks. Alternatively, the fuel tank
record the temperature at least daily. may be exposed to direct natural
§ 1051.510 What special provisions apply (7) At the end of the soak period, sunlight for an equivalent period of
for testing ATV engines? [Reserved] weigh the sealed fuel tank and record time, as long as you ensure that the tank
§ 1051.515 How do I test my fuel tank for the weight to the nearest 0.1 grams. is exposed to at least 450 daylight hours.
permeation emissions? (You may use less precise weights as
(3) Perform a slosh test by filling the
Measure permeation emissions by long as the difference in mass from the
tank to 40 percent of its capacity with
weighing a sealed fuel tank before and start of the test to the end of the test has
the fuel specified in § 1051.501(d)(2)(i)
after a temperature-controlled soak. at least three significant figures.)
(8) Subtract the weight of the tank at and rocking it at a rate of 15 cycles per
(a) Preconditioning. To precondition minute until you reach one million total
your fuel tank, follow these five steps: the end of the test from the weight of the
tank at the beginning of the test; divide cycles.
(1) Fill the tank with the fuel
specified in § 1051.501(d)(2)(i), seal it, the difference by the internal surface Use an angle deviation of +15° to
and allow it to soak at 28 ±5 °C for 20 area of the fuel tank. Divide this g/m 2 ¥15° from level. This test must be
weeks. Alternatively, the tank may be value by the number of test days (using performed at a temperature of 28°C ±5°
soaked for a shorter period of time at a at least three significant figures) to C.
higher temperature if you can show that calculate the g/m 2/day emission rate. (4) Following the durability testing,
the hydrocarbon permeation rate has Example: If a tank with an internal the fuel tank must be soaked (as
stabilized. surface area of 1.51 m 2 weighed 31882.3 described in paragraph (a) of this
(2) Determine the fuel tank’s internal grams at the beginning of the test and section) to ensure that the permeation
surface area in square-meters accurate to weighed 31760.2 grams after soaking for rate is stable. The period of slosh testing
at least three significant figures. You 25.03 days, then the g/m 2/day emission and the period of ultraviolet testing (if
may use less accurate estimates of the rate would be: (31882.3 g¥31760.2 g)/ performed with fuel in the tank
surface area if you make sure not to 1.51 m 2/25.03 days = 3.23 g/m 2/day. consistent with paragraph (a)(1) of this
overestimate the surface area. (9) Round your result to the same section) may be considered to be part of
(3) Fill the fuel tank with the test fuel number of decimal places as the this soak, provided that the soak begins
specified in § 1051.501(d)(2)(ii) to its emission standard. immediately after the slosh testing. To
nominal capacity. If you fill the tank (c) Durability testing. You normally determine the final permeation rate,
inside the temperature-controlled room need to perform a separate durability drain and refill the tank with fresh fuel,
or enclosure, do not spill any fuel. demonstration for each substantially and repeat the test run (as described in
(4) Allow the tank and its contents to different combination of treatment paragraph (b) of this section)
equilibrate to 28±2 °C. approaches and tank materials. Perform immediately after this soak period.
(5) Seal the fuel tank using these demonstrations before an emission
test by taking the following steps, unless (d) Flow chart. The following figure
nonpermeable fittings, such as metal or
you can use good engineering judgment presents a flow chart for the permeation
TeflonTM.
(b) Test run. To run the test, follow to apply the results of previous testing described in this section,
these nine steps for a tank that was durability testing with a different fuel showing full test procedure with
preconditioned as specified in system. You can determine a durability testing, as well as the
paragraph (a) of this section: deterioration factor by measuring simplified test procedure with an
(1) Weigh the sealed fuel tank and emissions on a tank after these applied deterioration factor:
record the weight to the nearest 0.1 durability tests if you previously tested BILLING CODE 6560–50–P
BILLING CODE 6560–50–C representative of your engine family at other emission-related maintenance
§ 1051.520 How do I perform exhaust a low-hour test point and the end of its during durability testing.
durability testing? useful life. You may also test at (d) Use a linear least-squares fit of
This section applies for durability intermediate points. your test data for each pollutant to
testing to determine deterioration (b) Operate the vehicle or engine over calculate your deterioration factor.
factors for exhaust emissions. Small- a representative duty cycle for a period (e) You may ask us to allow you to use
volume manufacturers may omit at least as long as the useful life (in other testing methods to determine
durability testing if they use our hours or kilometers). You may operate deterioration factors, consistent with
assigned deterioration factors that we the vehicle or engine continuously. good engineering judgment.
establish based on our projection of the
(c) You may perform critical
likely deterioration in the performance
emission-related maintenance during
of specific emission controls.
durability testing, consistent with
(a) Calculate your deterioration factor
§ 1051.125(a). You may not perform any
ER08NO02.016</GPH>
by testing a vehicle or engine that is
Subpart G—Compliance Provisions (i) Any fuel system or evaporative part 1048, or in your letter requesting
system parameters are changed from the the exemption. We will generally not
§ 1051.601 What compliance provisions certified configuration (this does not ask you for these data under normal
apply to vehicles and engines subject to circumstances, especially when they are
apply to refueling emission controls).
this part?
(ii) Any other emission-related more readily available from another
Engine and vehicle manufacturers, as components are changed. source.
well as owners, operators, and (iii) The engine cooling system is
rebuilders of these vehicles, and all modified or assembled so that § 1051.610 What are the provisions for
other persons, must observe the producing recreational vehicles with
temperatures or heat rejection rates are engines already certified under the motor-
requirements and prohibitions in part outside the original engine’s specified
1068 of this chapter and the vehicle program or the Large SI program?
ranges. (a) You may produce a recreational
requirements of the Act. The (3) The engine must have the
compliance provisions in this subpart vehicle without certifying it under this
emission control information label we
apply only to the vehicles and engines part by using a certified motor vehicle
require under 40 CFR part 86 or part engine, or Large SI engine. This section
we regulate in this part. 1048. does not apply if you manufacture the
§ 1051.605 What are the provisions for (4) You must demonstrate that fewer
engine yourself; see § 1051.605. In order
exempting vehicles from the requirements than 50 percent of the engine model’s
to produce recreational vehicles under
of this part if they use engines you have total sales, from all companies, are used
this section, you must meet all of the
certified under the motor-vehicle program in recreational vehicles. following criteria:
or the Large Spark-ignition program? (d) If you manufacture both the engine (1) The engine or vehicle is certified
(a) You may ask for an exemption and vehicle under this exemption, you to 40 CFR part 86 or part 1048.
under this section if you are the must do all of the following to keep the (2) The engine is not adjusted outside
manufacturer of an engine certified exemption valid: the certifying manufacturer’s
under the motor-vehicle program or the (1) Make sure the original emission specifications (see § 1051.605(c)(2)).
Large Spark-ignition program. See control information label is intact. (3) The engine or vehicle is not
§ 1051.610 if you are not the engine (2) Add a permanent supplemental modified in any way that may affect its
manufacturer. label to the engine in a position where emission control. This does not apply to
(b)(1) The only requirements or it will remain clearly visible after refueling emission controls.
prohibitions from this part that apply to installation in the vehicle. In your (4) The vehicle is labeled consistent
a vehicle that is exempt under this engine’s emission control information with paragraph (c) of this section.
section are in this section and label, do the following: (b)(1) The only requirements or
§ 1051.610. (i) Include the heading: ‘‘Recreational prohibitions from this part that apply to
(2) If the vehicles do not meet the Vehicle Emission Control Information’’. a vehicle that is exempt under this
criteria listed in paragraph (c) of this (ii) Include your full corporate name section are in this section and
section, they will be subject to the and trademark. § 1051.605.
standards and prohibitions of this part. (iii) State: ‘‘THIS ENGINE WAS (2) If the vehicles do not meet the
Producing these vehicles without a ADAPTED FOR RECREATIONAL USE criteria listed in § 1051.605(c) and
valid exemption or certificate of WITHOUT AFFECTING ITS EMISSION paragraph (c) of this section, they will
conformity would violate the CONTROLS.’’. be subject to the standards and
prohibitions in § 1068.101 of this (iv) State the date you finished prohibitions of this part. Producing
chapter. installation (month and year). these vehicles without a valid
(3) Vehicles exempted under this (3) Make sure the original and exemption or certificate of conformity
section are subject to all the supplemental labels are readily visible would violate the prohibitions in
requirements affecting engines and after the engine is installed in the § 1068.101 of this chapter.
vehicles under 40 CFR part 86 or part vehicle or, if the vehicle obscures the (3) Vehicles exempted under this
1048, as applicable. The requirements engine’s emission control information section are subject to all the
and restrictions of 40 CFR part 86 or label, make sure the vehicle requirements affecting engines and
1048 apply to anyone manufacturing manufacturer attaches duplicate labels, vehicles under 40 CFR part 86 or part
these engines, anyone manufacturing as described in § 1068.105 of this 1048, as applicable. The requirements
vehicles that use these engines, and all chapter. and restrictions of 40 CFR part 86 or
other persons in the same manner as if (4) Send the Designated Officer a 1048 apply to anyone manufacturing
these engines were used in a motor signed letter by the end of each calendar these engines, anyone manufacturing
vehicle or other nonrecreational year (or less often if we tell you) with vehicles that use these engines, and all
application. all the following information: other persons in the same manner as if
(c) If you meet all the following (i) Identify your full corporate name, these engines were used in a motor
criteria regarding your engine, the address, and telephone number. vehicle or other nonrecreational
vehicle using the engine is exempt (ii) List the models you expect to application.
under this section: produce under this exemption in the (c)(1) Make sure the original emission
(1) The vehicle is produced using an coming year. control information label is intact after
engine or incomplete vehicle covered by (iii) State: ‘‘We produce each listed assembly in the vehicle.
a valid certificate of conformity under model for recreational application (2) Add a permanent supplemental
40 CFR part 86 or part 1048. without making any changes that could label to the vehicle in a position where
(2) No changes are made to the increase its certified emission levels, as it will be clearly visible. In this
certified engine or vehicle that we could described in 40 CFR 1051.605.’’. emission control information label, do
reasonably expect to increase any of its (e) If we request it, you must send us the following:
regulated emissions. For example, if any emission test data on the applicable (i) Include the heading: ‘‘Recreational
of the following changes are made to the recreational duty cycle(s). You may Vehicle Emission Control Information’’.
engine, it does not qualify for this include the data in your application for (ii) Include your full corporate name
exemption: certification under 40 CFR part 86 or and trademark.
(iii) State: ‘‘THIS ENGINE WAS certify under this part instead of (c) You may use the averaging,
ADAPTED FOR RECREATIONAL USE granting you an exemption under this banking, and trading provisions of
WITHOUT AFFECTING ITS EMISSION part. If we do this, we may allow you subpart H of this part to show
CONTROLS.’’. to submit an abbreviated application for compliance with this HC+NOX
(iv) State the date you finished certification to show that you comply standards (an engine family meets
installation (month and year). with the requirements of this part. You emission standards even if its family
(3) Send the Designated Officer a may reference the information in the emission limit is higher than the
signed letter by the end of each calendar original motor vehicle application. standard, as long as you show that the
year (or less often if we tell you) with whole averaging set of applicable engine
all the following information: § 1051.615 What are the special provisions families meet the applicable emission
for certifying small recreational engines?
(i) Identify your full corporate name, standards using emission credits, and
address, and telephone number. (a) You may certify ATVs with the vehicles within the family meet the
(ii) List the models you expect to engines that have total displacement of family emission limit). You may not use
produce under this exemption in the less than 100 cc to the following averaging to meet the CO standards of
coming year. emission exhaust standards instead of this section.
(iii) State: ‘‘We produce each listed certifying them to the exhaust emission (d) Measure emissions by testing the
model for recreational application standards of subpart B of this part: engine on a dynamometer with the
without making any changes that could (1) 25.0 g/kW-hr HC+NOX, with an steady-state duty cycle described in
increase its certified emission levels, as FEL cap of 40.0 g/kW-hr HC+NOX. Table 1 of this section.
described in 40 CFR 1051.605.’’. (2) 500 g/kW-hr CO. (1) During idle mode, hold the speed
(d) If you build recreational vehicles (b) You may certify off-highway within your specifications, keep the
under this section, we may require (as motorcycles with engines that have total throttle fully closed, and keep engine
a condition of the exemption) that you displacement of 70 cc or less to the torque under 5 percent of the peak
comply with the emission-related following emission exhaust standards torque value at maximum test speed.
warranty and recall responsibilities of instead of certifying them to the exhaust (2) For the full-load operating mode,
this part. emission standards of subpart B of this operate the engine at wide-open throttle.
(e) If you build a recreational vehicle part: (3) See part 1065 of this chapter for
using a motor vehicle engine that was (1) 16.1 g/kW-hr HC+NOX, with an detailed specifications of tolerances and
certified as part of a vehicle-based FEL cap of 32.2 g/kW-hr HC+NOX. calculations.
engine family, we may require you to (2) 519 g/kW-hr CO. (4) Table 1 follows:
TABLE 1 OF § 1051.615.—6-MODE DUTY CYCLE FOR RECREATIONAL ENGINES

Torque
Engine speed (percent of Minimum time
(percent of Weighting
maximum test in mode
maximum test factors
torque at test (minutes)
speed) speed)
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 competition. The basis of our where other information is available
prohibitions of this part apply to these determinations are described in that indicates that they are not used
engines and vehicles. paragraphs (b)(1), (b)(2), and (c) of this solely for competition. The following
section. Exemptions granted under this features are indicative of motorcycles
§ 1051.620 When may a manufacturer used solely for competition:
obtain an exemption for competition section are good for only one model year
recreational vehicles? and you must request renewal for each (i) The absence of a headlight or other
subsequent model year. We will not lights.
(a) We may grant you an exemption
from the standards and requirements of approve your renewal request if we (ii) The absence of a spark arrestor.
this part for a new recreational vehicle determine the vehicles will not be used (iii) The absence of manufacturer
on the grounds that it is to be used solely for competition. warranty.
solely for competition. The provisions (1) Off-highway motorcycles. (iv) Suspension travel greater than 10
of this part other than those in this Motorcycles that are marketed and inches.
section do not apply to recreational labeled as only for competitive use and (v) Engine displacement greater than
vehicles that we exempt for use solely that meet at least four of the criteria 50 cc.
for competition. listed in paragraphs (b)(1)(i) through (vi) (vi) The absence of a functional seat.
(b) We will exempt vehicles that we of this section are considered to be used (For example, a seat less with than 30
determine will be used solely for solely for competition, except in cases square inches of seating surface would
generally not be considered a functional include the statement: ‘‘All the a small-volume manufacturer. You may
seat). information in this request is true and do this whether you began
(2) Snowmobiles and ATVs. accurate, to the best of my knowledge.’’. manufacturing recreational vehicles
Snowmobiles and ATVs meeting all of (e) Send your request for this before, during, or after 2002.
the following criteria are considered to extension at least nine months before (b) We may set other reasonable
be used solely for competition, except in the relevant deadline. If different conditions that are consistent with the
cases where other information is deadlines apply to companies that are intent of this section and the Act. For
available that indicates that they are not not small-volume manufacturers, do not example, we may place sales limits on
used solely for competition: send your request before the regulations companies that we designate to be
(i) The vehicle or engine may not be in question apply to the other small-volume manufacturers under this
displayed for sale in any public manufacturers. section.
dealership. (f) If we approve your request, we will
(ii) Sale of the vehicle must be limited set alternate standards for your Subpart H—Averaging, Banking, and
to professional racers or other qualified qualifying snowmobiles. These Trading for Certification
racers. standards will not be above 400 g/kW- § 1051.701 General provisions.
(iii) The vehicle must have hr for CO or 150 g/kW-hr for HC.
performance characteristics that are (a) You may average, bank, and trade
(g) You may produce these
substantially superior to noncompetitive emission credits for purposes of
snowmobiles to meet the alternate
models. certification as described in this subpart
standards we establish under this
(c) Vehicles not meeting the to show compliance with the standards
section as long as you continue to
applicable criteria listed in paragraph of this part. To do this you must show
produce them at the same or lower
(b) of this section will be exempted only that your average emission levels are
emission levels.
in cases where the manufacturer has below the applicable standards in
(h) You may not include snowmobiles
clear and convincing evidence that the subpart B of this part, or that you have
you produce under this section in any
vehicles will be used solely for sufficient credits to offset a credit deficit
averaging, banking, or trading
competition. for the model year (as calculated in
calculations under Subpart H of this
(d) You must permanently label § 1051.720). If you cannot show in your
part.
vehicles exempted under this section to end-of-year report that your average
(i) You must meet all the
clearly indicate that they are to be used emission levels are below the applicable
requirements of this part, except as
only for competition. Failure to properly standards in subpart B of this part, or
noted in this section.
label a vehicle will void the exemption that you have sufficient credits to offset
for that vehicle. § 1051.630 What special provisions apply a credit deficit for the model year, we
(e) If we request it, you must provide to unique snowmobile designs for all may void the certificates for all families
us any information we need to manufacturers? certified to FELs above the allowable
determine whether the vehicles are used (a) We may permit you to produce up average. (b) The following averaging set
solely for competition. to 600 snowmobiles per year that are restrictions apply:
certified to the FELs listed in this (1) You may not average together
§ 1051.625 What special provisions apply section without new test data, as long as engine families that are certified to
to unique snowmobile designs for small- you meet all the conditions and different standards. You may, however,
volume manufacturers? requirements in this section. use banked credits that were generated
(a) If you are a small-volume (b) You may certify these relative to different standards, except as
manufacturer, we may permit you to snowmobiles with FELs of 560 g/kW-hr prohibited by paragraphs (b)(2) and (3)
produce up to 600 snowmobiles per for CO and 270 g/kW-hr for HC (using of this section, paragraph (e) of this
year that are certified to less stringent the normal certification procedures). section, or by other provisions in this
emission standards than those in (c) The emission levels described in part. For example, you may not average
§ 1051.103, as long as you meet all the this section are intended to represent together within a model year off-
conditions and requirements in this worst-case emission levels. You may not highway motorcycles that are certified
section. certify snowmobiles under this section to the standards in § 1051.105(a)(1) and
(b) To apply for alternate standards if good engineering judgment indicates § 1051.105(a)(2); but you may use
under this section, send the Designated that they have emission rates higher banked credits generated by off-highway
Officer a written request. In your than these levels. motorcycles that are certified to the
request, do two things: (d) Include snowmobiles you produce standards in § 1051.105(a)(1) to show
(1) Show that the snowmobile has under this section in your averaging compliance with the standards in
unique design, calibration, or operating calculations under Subpart H of this § 1051.105(a)(2) in a later model year,
characteristics that make it atypical and part. and vice versa.
infeasible or highly impractical to meet (e) You must meet all the (2) There are separate averaging,
the emission standards in § 1051.103, requirements of this part, unless the banking, and trading programs for
considering technology, cost, and other regulations of this part specify snowmobiles, ATVs, and off-highway
factors. otherwise. motorcycles. You may not average or
(2) Identify the level of compliance exchange banked or traded credits from
you can achieve, including a description § 1051.635 What provisions apply to new engine families of one type of vehicle
of available emission-control manufacturers that are small businesses? with those from engine families of
technologies and any constraints that (a) If you are a small business (as another type of vehicle.
may prevent more effective use of these defined by the Small Business (3) You may not average or exchange
technologies. Administration) that manufactures banked or traded credits with other
(c) You must give us other relevant recreational vehicles, but does not engine families if you use
information if we ask for it. otherwise qualify for the small-volume fundamentally different measurement
(d) An authorized representative of manufacturer provisions of this part, procedures for the different engine
your company must sign the request and you may ask us to designate you to be families (for example, ATVs certified to
chassis-based vs. engine-based using projected U.S.-directed that we have not reviewed. But, we may
standards). This paragraph (b)(3) does production volumes for your revoke these credits later—following our
not restrict you from averaging together application for certification. review of your end-of-year report or
engine families that use test procedures (c) After the end of your model year, audit actions. For example, this could
that we determine provide equivalent calculate a final average emission level occur if we find that credits are based
emission results. according to § 1051.720 for each type of on erroneous calculations; or that
(4) You may not average or exchange recreational vehicle or engine you emission levels are misrepresented,
banked or traded exhaust credits with manufacture or import. Use actual U.S.- unsubstantiated, or derived incorrectly
evaporative credits, or vice versa. directed production volumes. in the certification process.
(c) The definitions of Subpart I of this (d) If your preliminary average
part apply to this subpart. The following emission level is below the allowable § 1051.715 How do I trade emission
credits?
definitions also apply: average standard, see § 1051.710 for
(1) Average standard means a information about generating and (a) You may trade only banked
standard that allows you comply by banking emission credits. These credits emission credits, not reserved credits.
averaging all your vehicles under this will be considered reserved until we (b) You may trade banked credits to
part. See subpart B of this part to verify them in reviewing the end-of-year any certifying manufacturer.
determine which standards are average report. (c) If a negative credit balance results
standards. from a credit trade, both buyers and
(2) Broker means any entity that § 1051.710 How do I generate and bank sellers are liable, except in cases
emission credits? involving fraud. We may void the
facilitates a trade between a buyer and
seller. (a) If your average emission level is certificates of all emission families
(3) Buyer means the entity that below the average standard, you may participating in a negative trade.
receives credits as a result of trade. calculate credits according to (1) If you buy credits but have not
(4) Family emission limit (FEL) has § 1051.720. caused the negative credit balance, you
the meaning given in it in § 1051.801. (b) You may generate credits if you must only supply more credits
(5) Reserved credits means credits you are a certifying manufacturer. equivalent to the amount of invalid
have generated that we have not yet (c) You may bank unused emission credits you used.
verified in reviewing the end-of-year credits, but only after the end of the (2) If you caused the credit shortfall,
report. calendar year and after we have you may be subject to the requirement
(6) Seller means the entity that reviewed your end-of-year reports. sof § 1051.730(b)(6).
provides credits during a trade. Credits you generate do not expire.
(d) During the calendar year and § 1051.720 How do I calculate my average
(d) Do not include any exported emission level or emission credits?
vehicles in the certification averaging, before you send in your end-of-year
banking, and trading program. Include report, you may consider reserved any (a) Calculate your average emission
only vehicles certified under this part. credits you originally designate for level for each type of recreational
banking during certification. You may vehicle or engine for each model year
§ 1051.705 How do I average emission redesignate these credits for trading in according to the following equation and
levels? your end-of-year report, but they are not round it to the nearest tenth of a g/km
(a) As specified in subpart B of this valid to demonstrate compliance until or g/kW-hr. Use consistent units
part, certify each vehicle to a family verified. throughout the calculation.
emission limit (FEL). (e) You may use for averaging or (1) For exhaust emissions:
(b) Calculate a preliminary average trading any credits you declared for (i) Calculate the average emission
emission level according to § 1051.720 banking from the previous calendar year level as:
   
Emission level = ∑ (FEL) i × (UL) i × (Production) i  ∑ (Production ) i × (UL) i 
 i   i 
Where: to determine compliance at the end of (Note: It is not necessary to include a

FELi = The FEL to which the engine the model year. load factor, since credit exchange is not
family is certified. (2) For vehicles that have standards allowed between vehicles certified to g/
ULi = The useful life of the engine expressed as g/kW-hr and a useful life kW-hr standards and vehicles certified
family. in km, convert the useful life to kW-hr to g/km standards.)
Productioni = The number of vehicles in based on the maximum power output (3) For evaporative permeation
the engine family. observed over the emission test and an standards expressed as g/m2/day, use
(ii) Use U.S.-directed production assumed vehicle speed of 30 km/hr as the useful life value in years multiplied
projections for initial certification, and follows: UL (kW-hr) = UL (km) × by 365.24, and calculate the average
actual U.S.-directed production volumes Maximum Test Power (kW)÷30 km/hr. emission level as:
   
Emission level = ∑ (FEL) i × (UL) i × (Production) i  ∑ (Production ) i × (UL) i 
ER08NO02.012</MATH>
 i   i 
ER08NO02.011</MATH>
Where: internal surface area of the vehicles’ credits available for banking according
Productioni = The number of vehicles in fuel tanks. to the following equation and round
the engine family times the average (b) If your average emission level is them to the nearest tenth of a gram:
below the average standard, calculate
 
Credit = [(Average standard − Emission level)] × ∑ (Production ) i × (UL) i 
 i 
(c) If your average emission level is according to the following equation,

above the average standard, calculate rounding to the nearest tenth of a gram:
your preliminary credit deficit
 
Deficit = [(Emission level − Average standard)] × ∑ (Production) i × (UL) i 
 i 
§ 1051.725 What information must I keep? credit balance for any type of of-year report, we may void the
(a) Maintain and keep five types of recreational vehicle or engine when all certificates for all families certified to
properly organized and indexed records credits are calculated. This means that FELs above the allowable average.
for each engine family: if you believe that your average (iii) If your average emission level is
(1) Model year and EPA engine emission level will be above the below the allowable average standard,
family. standard (i.e., that you will have a state whether you will reserve the
(2) FEL. deficit for the model year), you must
(3) Useful life. credits for banking.
have banked credits (or project to have
(4) Projected U.S.-directed production received traded credits) to offset the (2) Base your U.S.-directed
volume for the model year. deficit. production volumes on the point of first
(5) Actual U.S.-directed production (2) Detailed calculations of projected retail sale. You may consider
volume for the model year. emission credits (zero, positive, or distributors to be the point of first retail
(b) Keep paper records of this negative) based on U.S.-directed sale if all their engines are sold to
information for three years from the due ultimate buyers in the United States.
production projections. If you project a
date for the end-of-year report. You may
credit deficit, state the source of credits (3) Send end-of-year reports to the
use any additional storage formats or
needed to offset the credit deficit. Designated Officer within 120 days of
media if you like. (b) At the end of each model year,
(c) Keep a copy of all of the the end of the model year. If you send
send an end-of-year report. reports later, you are violating the Act.
information you send us under
(1) Your report must include three
§ 1051.730. (4) If you generate credits for banking
(d) We may ask you to keep or send things:
(i) Calculate in detail your average and you do not send your end-of-year
other information necessary to reports within 120 days after the end of
emission level and any emission credits
implement this subpart. the model year, you may not use or
(positive, or negative) based on actual
§ 1051.730 What information must I U.S.-directed production volumes. trade the credits until we receive and
report? (ii) If your average emission level is review your reports. You may not use
(a) Include the following information above the allowable average standard, projected credits pending our review.
in each of your applications for demonstrate that you have the credits (5) You may correct errors discovered
certification: needed to offset the credit deficit. If you in your end-of-year report, including
(1) A statement that, to the best of cannot demonstrate that you have the errors in calculating credits according to
your belief, you will not have a negative credits at the time you submit your end- the following table:
If— And if— Then we—
(i) Our review discovers an error in your end-of-year re- the discovery occurs within 180 days of receipt ............. restore the credits for your
port that increases your credit balance. use.
(ii) You discover an error in your report that increases the discovery occurs within 180 days of receipt ............. restore the credits for your
your credit balance. use.
(iii) We or you discover and error in your report that in- the discovery occurs more than 180 days after receipt do not restore the credits
creases your credit balance. for your use.
(iv) We discover an error in your report that reduces at any time after receipt .................................................. reduce your credit balance
ER08NO02.014</MATH>
your credit balance.
(6) If our review of a your end-of year- may buy credits to bring your credit credits for each 1.0 credit needed. If
report shows a negative balance, you balance to zero. But you must buy 1.1 enough credits are not available to bring
ER08NO02.013</MATH>
your credit balance to zero within 90 your average emission level for mounted downstream of the exhaust
days of when we notify you, we may redesignated engines. Calculate credits valve or exhaust port whose design
void the certificates for all families using this average emission level function is to reduce exhaust emissions.
certified to FELs above the allowable relative to the specific pollutant in the All-terrain vehicle means a land-based
average. future phase of standards. These credits or amphibious nonroad vehicle that
(c) Within 90 days of any credit trade, may be used for compliance with the meets the criteria listed in paragraph (1)
you must send the Designated Officer a future standards. of this definition; or, alternatively, the
report of the trade that includes three (4) For generating early Phase 3 criteria of paragraph (2) of this
types of information: credits, you may generate credits for definition but not the criteria of
(1) The corporate names of the buyer, HC+NOX or CO separately as described: paragraph (3) of this definition.
seller, and any brokers. (i) To determine if you qualify to (1) Vehicles designed to travel on four
(2) Copies of contracts related to generate credits in accordance with low pressure tires, having a seat
credit trading from the buyer, seller, and paragraphs (b)(1) through (3) of this designed to be straddled by the operator
broker, as applicable. section, you must meet the credit trigger and handlebars for steering controls,
(d) Include in each report a statement level. For HC+NOX this value is 62 g/ and intended for use by a single
certifying the accuracy and authenticity kW-hr (which would be the HC+NOX operator and no other passengers are all-
of its contents. standard that would result from terrain vehicles.
(e) We may void a certificate of inputting the highest allowable CO (2) Other all-terrain vehicles have
conformity for any emission family if three or more wheels and one or more
standard (275 g/kW-hr) into the Phase 3
you do not keep the records this section seats, are designed for operation over
equation). For CO the value is 200 g/
requires or give us the information rough terrain, and are intended
kW-hr (which would be the CO standard
when we ask for it. primarily for transportation. Golf carts
that would result from inputting the
§ 1051.735 Are there special averaging highest allowable HC+NOX standard (90 generally do not meet these criteria
provisions for snowmobiles? g/kW-hr) into the Phase 3 equation). since they are generally not designed for
For snowmobiles, you may only use (ii) HC+NOX and CO credits for Phase operation over rough terrain.
credits for the same phase or set of 3 are calculated relative to the 62 g/kW- (3) Vehicles that meet the definition
standards against which they were hr and 200 g/kW-hr values, respectively. of ‘‘offroad utility vehicle’’ in this
generated, except as allowed by this (5) Credits can also be calculated for section are not all-terrain vehicles.
section. Phase 3 using both sets of standards. However, § 1051.1(a) specifies that some
(a) Restrictions. (1) You may not use Without regard to the trigger level offroad utility vehicles are required to
any Phase 1 or Phase 2 credits for Phase values, if your net emission reduction meet the same requirements as all-
3 compliance. for the redesignated averaging set terrain vehicles.
(2) You may not use Phase 1 HC exceeds the requirements of Phase 3 in Auxiliary emission-control device
credits for Phase 2 HC compliance. § 1051.103 (using both HC+NOX and CO means any element of design that senses
However, because the Phase 1 and in the Phase 3 equation in § 1051.103), temperature, engine rpm, motive speed,
Phase 2 CO standards are the same, you then your credits are the difference transmission gear, atmospheric
may use Phase 1 CO credits for between the Phase 3 reduction pressure, manifold pressure or vacuum,
compliance with the Phase 2 CO requirement of that section and your or any other parameter to activate,
standards. calculated value. modulate, delay, or deactivate the
(b) Special credits for next phase of operation of any part of the emission-
standards. You may choose to generate Subpart I—Definitions and Other control system. This also includes any
credits early for banking for purposes of Reference Information other feature that causes in-use
compliance with later phases of emissions to be higher than those
standards as follows: § 1051.801 What definitions apply to this measured under test conditions, except
part?
(1) If your corporate average emission as we allow under this part. For
level at the end of the model year The following definitions apply to example, an accelerator pump would be
exceeds the applicable (current) phase this part. The definitions apply to all considered an auxiliary emission-
of standards (without the use of traded subparts unless we note otherwise. All control device.
or previously banked credits), you may undefined terms have the meaning the Brake power means the usable power
choose to redesignate some of your Act gives to them. The definitions output of the engine not including
snowmobile production to a calculation follow: power required to operate fuel pumps,
to generate credits for a future phase of Act means the Clean Air Act, as oil pumps, or coolant pumps.
standards. To generate credits the amended, 42 U.S.C. 7401 et seq. Broker means any entity that
snowmobiles designated must have an Adjustable parameter means any facilitates a trade of emission credits
FEL below the emission level of that set device, system, or element of design that between a buyer and seller.
of standards. This can be done on a someone can adjust (including those Calibration means the set of
pollutant specific basis. which are difficult to access) and that, specifications and tolerances specific to
(2) Do not include the snowmobiles if adjusted, may affect emissions or a particular design, version, or
that you redesignate in the final engine performance during emission application of a component or assembly
compliance calculation of your average testing or normal in-use operation. You capable of functionally describing its
emission level for the otherwise may ask us to exclude a parameter that operation over its working range.
applicable (current) phase of standards. is difficult to access if it cannot be Certification means obtaining a
Your average emission level for the adjusted to affect emissions without certificate of conformity for an engine
remaining (non-redesignated) significantly degrading performance, or family that complies with the emission
snowmobiles must comply with the if you otherwise show us that it will not standards and requirements in this part.
otherwise applicable (current) phase of be adjusted in use in a way that affect Compression-ignition means relating
standards. emissions to a type of reciprocating, internal-
(3) Include the snowmobiles that you Aftertreatment means relating to any combustion engine that is not a spark-
redesignate in a separate calculation of system, component, or technology ignition engine.
Crankcase emissions means airborne this term includes any person who different than the calendar year; follow
substances emitted to the atmosphere manufactures a vehicle or engine for the guidelines in paragraph (1)(ii) of this
from any part of the engine crankcase’s sale in the United States or otherwise definition.
ventilation or lubrication systems. The introduces a new vehicle or engine into (6) For a vehicle or engine you import
crankcase is the housing for the commerce in the United States. This that does not meet the criteria in
crankshaft and other related internal includes importers that import for paragraphs (1) through (5) of the
parts. resale. definition of ‘‘new’’ model year means
Designated Officer means the Maximum brake power means the the calendar year in which the
Manager, Engine Programs Group maximum brake power of an engine at manufacturer completed the original
(6405–J), U.S. Environmental Protection test conditions. assembly of the vehicle or engine. In
Agency, 1200 Pennsylvania Ave., Maximum test power means the general, this applies to used equipment
Washington, DC 20460. maximum brake power of an engine at that you import without conversion or
Emission-control system means any maximum test speed. major modification.
device, system, or element of design that Maximum test speed has the meaning Motor vehicle has the meaning we
controls or reduces the regulated we give in § 1065.515 of this chapter give in § 85.1703(a) of this chapter. In
emissions from a vehicle. Maximum test torque means the general, motor vehicle means a self-
Emission-data vehicle means a torque output observed at wide-open propelled vehicle that can transport one
vehicle or engine that is tested for throttle at a given speed. or more people or any material, but does
certification. Model year means one of the not include any of the following:
Emission-related maintenance means following things: (1) Vehicles having a maximum
maintenance that substantially affects (1) For freshly manufactured vehicles ground speed over level, paved surfaces
emissions or is likely to substantially or engines (see definition of ‘‘new,’’ no higher than 40 km per hour (25 miles
affect emissions deterioration. paragraph (1)), model year means one of per hour).
Engine family means a group of the following: (2) Vehicles that lack features usually
vehicles with similar emission (i) Calendar year. needed for safe, practical use on streets
characteristics, as specified in (ii) Your annual new model or highways-for example, safety features
§ 1051.230. production period if it is different than required by law, a reverse gear (except
Evaporative means relating to fuel the calendar year. This must include for motorcycles), or a differential.
emissions that result from permeation of January 1 of the calendar year for which (3) Vehicles whose operation on
fuel through the fuel system materials the model year is named. It may not streets or highways would be unsafe,
and from ventilation of the fuel system. begin before January 2 of the previous impractical, or highly unlikely.
Family emission limit (FEL) means an calendar year and it must end by Examples are vehicles with tracks
emission level declared by the December 31 of the named calendar instead of wheels, very large size, or
manufacturer to serve in place of an year. features associated with military
emission standard for certification (2) For a vehicle or engine that is vehicles, such as armor or weaponry.
under the emission-credit program in converted to a nonroad vehicle or New means relating to any of the
subpart H of this part. The family engine after being placed into service in following vehicles or engines:
emission limit must be expressed to the a motor vehicle, model year means the (1) A freshly manufactured engine or
same number of decimal places as the calendar year in which the vehicle or vehicle for which the ultimate buyer has
emission standard it replaces. engine was originally produced (see never received the equitable or legal
Fuel system means all components definition of ‘‘new,’’ paragraph (2)). title. This kind of vehicle might
involved in transporting, metering, and (3) For a nonroad vehicle excluded commonly be thought of as ‘‘brand
mixing the fuel from the fuel tank to the under § 1051.5 that is later converted to new.’’ In the case of this paragraph (1),
combustion chamber(s), including the operate in an application that is not the vehicle or engine is no longer new
fuel tank, fuel tank cap, fuel pump, fuel excluded, model year means the when the ultimate buyer receives this
filters, fuel lines, carburetor or fuel- calendar year in which the vehicle was title or the product is placed into
injection components, and all fuel- originally produced (see definition of service, whichever comes first.
system vents. ‘‘new,’’ paragraph (3)). (2) An engine originally manufactured
Good engineering judgment has the (4) For engines that are not freshly as a motor vehicle engine that is later
meaning we give it in § 1068.5 of this manufactured but are installed in new intended to be used in a piece of
chapter. nonroad vehicles, model year means the nonroad equipment. In this case, the
Hydrocarbon (HC) means the calendar year in which the engine is engine ceases being a motor vehicle
hydrocarbon group on which the installed in the new nonroad vehicle. engine and becomes a ‘‘new nonroad
emission standards are based for each This installation date is based on the engine’’. The engine is no longer new
fuel type. For gasoline- and LPG-fueled time that final assembly of the vehicle when it is placed into nonroad service.
engines, HC means total hydrocarbon is complete (see definition of ‘‘new,’’ (3) A nonroad engine that has been
(THC). For natural gas-fueled engines, paragraph (4)). previously placed into service in an
HC means nonmethane hydrocarbon (5) For a vehicle or engine modified application we exclude under § 1051.5
(NMHC). For alcohol-fueled engines, HC by an importer (not the original or exempt under 1051.620, where that
means total hydrocarbon equivalent manufacturer) who has a certificate of engine is installed in a piece of
(THCE). conformity for the imported vehicle or equipment for which these exclusions
Identification number means a unique engine (see definition of ‘‘new,’’ or exemptions do not apply. The engine
specification (for example, model paragraph (5)), model year means one of is no longer new when it is placed into
number/serial number combination) the following: nonroad service. For example, this
that allows someone to distinguish a (i) The calendar year in which the would apply to a competition vehicle
particular vehicle or engine from other importer finishes modifying and that is no longer used solely for
similar vehicle or engines. labeling the vehicle or engine. competition.
Manufacturer has the meaning given (ii) Your annual production period for (4) An engine not covered by
in section 216(1) of the Act. In general, producing vehicles or engines if it is paragraphs (1) through (3) of this
definition that is intended to be more passengers. Vehicles intended (combined number) in 2002 and all
installed in new nonroad equipment. primarily for recreational purposes that earlier calendar years. For
The engine is no longer new when the are not capable of transporting six manufacturers owned by a parent
ultimate buyer receives a title for the passengers (such as dune buggies) are company, the limit applies to the
equipment or the product is placed into not offroad utility vehicles. (Note: production of the parent company and
service, whichever comes first. This § 1051.1(a) specifies that some offroad all of its subsidiaries.
generally includes installation of used utility vehicles are required to meet the (2) For snowmobiles, a manufacturer
engines in new vehicles. requirements that apply for all-terrain that sold snowmobiles before 2003 and
(5) An imported nonroad vehicle or vehicles.) had annual U.S.-directed production of
engine covered by a certificate of Oxides of nitrogen has the meaning no more than 300 snowmobiles in 2002
conformity issued under this part, given it in 40 CFR part 1065. and all earlier model years. For
where someone other than the original Phase 1 means relating to Phase 1 manufacturers owned by a parent
manufacturer modifies the vehicle or standards of §§ 1051.103, 1051.105, or company, the limit applies to the
engine after its initial assembly and 1051.107, or other Phase 1 standards production of the parent company and
holds the certificate. The vehicle or specified in subpart B of this part. all of its subsidiaries.
engine is no longer new when it is Phase 2 means relating to Phase 2 (3) A manufacturer that we designate
placed into nonroad service. standards of § 1051.103, or other Phase to be a small-volume manufacturer
(6) An imported nonroad vehicle or 2 standards specified in subpart B of under § 1051.635.
engine that is not covered by a this part. Snowmobile means a vehicle designed
certificate of conformity issued under Phase 3 means relating to Phase 3 to operate outdoors only over snow-
this part at the time of importation. This standards of § 1051.103, or other Phase covered ground, with a maximum width
addresses uncertified engines and 3 standards specified in subpart B of of 1.5 meters or less.
vehicles that have been placed into this part. Spark-ignition means relating to a
service in other countries and that Physically adjustable range means the gasoline-fueled engine, or any other
someone seeks to import into the United entire range over which an engine engine with a spark plug (or other
States. Importation of this kind of new parameter can be adjusted, except as sparking device) and with operating
nonroad engine or vehicle is generally modified by § 1051.115(c). For parts characteristics significantly similar to
prohibited by part 1068 of this chapter. described in § 1051.115(d), ‘‘physically the theoretical Otto combustion cycle.
Noncompliant vehicle or engine adjustable range’’ means the adjustable Spark-ignition engines usually use a
means a vehicle or engine that was range defined in that paragraph. throttle to regulate intake air flow to
originally covered by a certificate of Placed into service means used for its control power during normal operation.
conformity, but is not in the certified intended purpose. Suspend means to temporarily
configuration or otherwise does not Point of first retail sale means the discontinue the certificate for an engine
comply with the conditions of the location at which the retail sale occurs. family. If we suspend a certificate, you
certificate. This generally means a dealership. may not sell vehicles or engines from
Nonconforming vehicle or engine Recreational means, for purposes of that engine family unless we reinstate
means a vehicle or engine not covered this part, relating to snowmobiles, all- the certificate or approve a new one.
by a certificate of conformity that would terrain vehicles, off-highway Test sample means the collection of
otherwise be subject to emission motorcycles, and other vehicles that we vehicles or engines selected from the
standards. regulate under this part. Note that 40 population of an engine family for
Nonmethane hydrocarbon means the CFR part 90 applies to other recreational emission testing.
difference between the emitted mass of vehicles. Test vehicle or engine means a vehicle
total hydrocarbons and the emitted mass Revoke means to discontinue the or engine in a test sample.
of methane. certificate for an engine family. If we Total hydrocarbon means the
Nonroad means relating to nonroad revoke a certificate, you must apply for combined mass organic compounds
engines, or to vehicles or equipment a new certificate before continuing to measured by our total hydrocarbon test
that include nonroad engines. produce the affected vehicles or procedure, expressed as a hydrocarbon
Nonroad engine has the meaning engines. This does not apply to vehicles with a hydrogen-to-carbon mass ratio of
given in § 1068.30 of this chapter. In or engines you no longer possess. 1.85:1.
general this means all internal- Round means to round numbers Total hydrocarbon equivalent means
combustion engines except motor according to ASTM E29–02 the sum of the carbon mass
vehicle engines, stationary engines, or (incorporated by reference in contributions of non-oxygenated
engines used solely for competition. § 1051.810), unless otherwise specified. hydrocarbons, alcohols and aldehydes,
This part only applies to nonroad Scheduled maintenance means or other organic compounds that are
engines that are used in snowmobiles, adjusting, repairing, removing, measured separately as contained in a
off-highway motorcycles, and ATVs (see disassembling, cleaning, or replacing gas sample, expressed as petroleum-
§ 1051.5). components or systems that is fueled engine hydrocarbons. The
Off-highway motorcycle means a two- periodically needed to keep a part from hydrogen-to-carbon ratio of the
wheeled vehicle with a nonroad engine failing or malfunctioning. It also may equivalent hydrocarbon is 1.85:1.
and a seat (excluding marine vessels mean actions you expect are necessary Ultimate buyer means ultimate
and aircraft). (Note: highway to correct an overt indication of failure purchaser.
motorcycles are regulated under 40 CFR or malfunction for which periodic Ultimate purchaser means, with
part 86.) maintenance is not appropriate. respect to any new vehicle or engine,
Offroad utility vehicle means a Small-volume manufacturer means: the first person who in good faith
nonroad vehicle that has four or more (1) For motorcycles and ATVs, a purchases such vehicle or engine for
wheels, seating for two or more persons, manufacturer that sold motorcycles or purposes other than resale.
is designed for operation over rough ATVs before 2003 and had annual U.S.- United States means the States, the
terrain, and has either a rear payload directed production of no more than District of Columbia, the
350 pounds or more or seating for six or 5,000 off-road motorcycles and ATVs Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Hg—mercury. we have incorporated by reference. The

Islands, Guam, American Samoa, the hr—hours. first column lists the number and name
U.S. Virgin Islands, and the Trust km—kilometer. of the material. The second column lists
kW—kilowatt.
Territory of the Pacific Islands. LPG—liquefied petroleum gas.
the sections of this part where we
Upcoming model year means for an m—meters. reference it. Anyone may purchase
engine family the model year after the mm—millimeters. copies of these materials from the
one currently in production. mW—milliwatts. Society of Automotive Engineers, 400
U.S.-directed production means the NMHC—nonmethane hydrocarbons. Commonwealth Drive, Warrendale, PA
number of vehicle units, subject to the NOX—oxides of nitrogen (NO and NOX). 15096. Table 2 follows:
requirements of this part, produced by psig—pounds per square inches of gauge
a manufacturer (and/or imported) for pressure.
rpm—revolutions per minute.
TABLE 2 OF § 1051.810.—SAE
which the manufacturer has a SAE—Society of Automotive Engineers. MATERIALS
reasonable assurance that sale was or SI—spark-ignition.
will be made to ultimate buyers in the THC—total hydrocarbon. Part 1051
Document number and name
United States. THCE—total hydrocarbon equivalent. reference
Useful life means the period during U.S.C.—United States Code.
which a vehicle is required to comply SAE J30, Fuel and Oil Hoses,
§ 1051.810 What materials does this part June 1998. .............................. 1051.245,
with all applicable emission standards,
reference? 1051.501
specified as a number of kilometers,
hours, and/or calendar years. It must be We have incorporated by reference
SAE J1930, Electrical/Electronic
at least as long as both of the following: the documents listed in this section.
Systems Diagnostic Terms,
(1) The expected average service life The Director of the Federal Register Definitions, Abbreviations, and
before the vehicle is remanufactured or approved the incorporation by reference Acronyms, May 1998. ............. 1051.135
retired from service. as prescribed in 5 U.S.C. 552(a) and 1
(2) The minimum useful life value. CFR part 51. Anyone may inspect copies SAE J2260, Nonmetallic Fuel
Void means to invalidate a certificate at the U.S. EPA, Air and Radiation System Tubing with One or
Docket and Information Center, 1301 More Layers, November 1996. 1051.245
or an exemption. If we void a certificate,
all the vehicles produced under that Constitution Ave., NW., Room B102,
engine family for that model year are EPA West Building, Washington, DC § 1051.815 How should I request EPA to
considered noncompliant, and you are 20460 or the Office of the Federal keep my information confidential?
liable for each vehicle produced under Register, 800 N. Capitol St., NW., 7th (a) Clearly show what you consider
the certificate and may face civil or Floor, Suite 700, Washington, DC. confidential by marking, circling,
criminal penalties or both. If we void an (a) ASTM material. Table 1 of bracketing, stamping, or some other
exemption, all the vehicles produced § 1051.810 lists material from the method. We will store your confidential
under that exemption are considered American Society for Testing and information as described in 40 CFR part
uncertified (or nonconforming), and you Materials that we have incorporated by 2. Also, we will disclose it only as
are liable for each vehicle produced reference. The first column lists the specified in 40 CFR part 2.
under the exemption and may face civil number and name of the material. The
(b) If you send us a second copy
or criminal penalties or both. You may second column lists the sections of this
without the confidential information,
not produce any additional vehicles part where we reference it. Anyone may
we will assume it contains nothing
using the voided exemption. purchase copies of these materials from
confidential whenever we need to
Wide-open throttle means maximum the American Society for Testing and
release information from it.
throttle opening. Unless this is specified Materials, 100 Barr Harbor Dr., West
Conshohocken, PA 19428. Table 1 (c) If you send us information without
at a given speed, it refers to maximum claiming it is confidential, we may make
throttle opening at maximum speed. For follows:
it available to the public without further
electronically controlled or other notice to you, as described in § 2.204 of
engines with multiple possible fueling TABLE 1 OF § 1051.810.—ASTM
this chapter.
rates, wide-open throttle also means the MATERIALS
maximum fueling rate at maximum § 1051.820 How do I request a hearing?
throttle opening under test conditions. Part 1051
Document number and name See 40 CFR part 1068, subpart G, for
reference
§ 1051.805 What symbols, acronyms, and information related to hearings.
abbreviations does this part use? ASTM D471–98, Standard Test
Method for Rubber Property- PART 1065—TEST PROCEDURES AND
The following symbols, acronyms, Effect of Liquids. ..................... 1051.501 EQUIPMENT
and abbreviations apply to this part:
°—degrees. ASTM D814–95 (reapproved Subpart A—Applicability and General
ASTM—American Society for Testing and 2000), Standard Test Method Provisions
Materials. for Rubber Property-Vapor Sec.
ATV—all-terrain vehicle. Transmission of Volatile Liq- 1065.1 Applicability.
cc—cubic centimeters. uids. ......................................... 1051.245 1065.5 Overview of test procedures.
cm—centimeter. 1065.10 Other test procedures.
C—Celsius. ASTM E29–02, Standard Prac- 1065.15 Engine testing.
CO—carbon monoxide. tice for Using Significant Digits 1065.20 Limits for test conditions.
CO2—carbon dioxide. in Test Data to Determine
EPA—Environmental Protection Agency. Conformance with Specifica- Subpart B—Equipment and Analyzers
F—Fahrenheit. tions. ........................................ 1051.801 1065.101 Overview.
g—grams. 1065.105 Dynamometer and engine
g/gal/day—grams per gallon per test day. (b) SAE material. Table 2 of equipment specifications.
g/m2/day—grams per meter-square per test § 1051.810 lists material from the 1065.110 Exhaust gas sampling system;
day. Society of Automotive Engineering that spark-ignition (SI) engines.
1065.115 Exhaust gas sampling system; 1065.925 Calculations. standard-setting part for snowmobiles.
compression-ignition engines. [Reserved] 1065.930 Specifications for mass air flow Follow the standard-setting part if it
1065.120 Raw sampling. [Reserved] sensors. differs from this part.
1065.125 Analyzers (overview/general 1065.935 Specifications for THC analyzers. (e) For equipment subject to this part
response characteristics). 1065.940 Specifications for NOX and air/
1065.130 Hydrocarbon analyzers. and regulated under equipment-based or
fuel sensors.
1065.135 NOX analyzers. 1065.945 Specifications for CO analyzers. vehicle-based standards, interpret the
1065.140 CO and CO2 analyzers. 1065.950 Specifications for speed and term ‘‘engine’’ in this part to include
1065.145 Smoke meters. [Reserved] torque measurement. equipment and vehicles(see 40 CFR
1065.150 Flow meters. 1068.30).
1065.155 Temperature and pressure Subpart K—Definitions and Other
sensors. Reference Information § 1065.5 Overview of test procedures.
Subpart C—Test Fuels and Analytical 1065.1001 Definitions. (a) Some of the provisions of this part
Gases 1065.1005 Symbols, acronyms, and do not apply to all types of engines. For
abbreviations. example, measurement of particulate
1065.201 General requirements for test 1065.1010 Reference materials.
fuels. matter is generally not required for
1065.1015 Confidential information.
1065.205 Test fuel specifications for spark-ignition engines. See the
distillate diesel fuel. [Reserved] Authority: 42 U.S.C. 7401–7671(q). standard-setting part to determine
1065.210 Test fuel specifications for which provisions in this part may not
gasoline. Subpart A—Applicability and General apply. Before using this part’s
1065.215 Test fuel specifications for natural Provisions procedures, read the standard-setting
gas.
§ 1065.1 Applicability. part to answer at least the following
1065.220 Test fuel specifications for
liquefied petroleum gas. (a) This part describes the procedures questions:
1065.240 Lubricating oils. (1) How should I warm up the test
that apply to testing that we require for
1065.250 Analytical gases. engine before measuring emissions? Do
the following engines or for equipment
I need to measure cold-start emissions
Subpart D—Analyzer and Equipment using the following engines:
(1) Large nonroad spark-ignition during this warm-up segment of the
Calibrations
engines we regulate under 40 CFR part duty cycle?
1065.301 Overview. (2) Do I measure emissions while the
1065.305 International calibration 1048.
warmed-up engine operates over a
standards. (2) Vehicles that we regulate under 40
steady-state schedule, a transient
1065.310 CVS calibration. [Reserved] CFR part 1051 (i.e., recreational SI
1065.315 Torque calibration. schedule, or both?
vehicles) that are regulated based on
(3) What are the speed and load
Subpart E—Engine Selection, Preparation, engine testing. See 40 CFR part 1051 to
points of the test cycle(s)?
and Service Accumulation determine which vehicles may be (4) Which exhaust constituents do I
1065.401 Selecting a test engine. certified based on engine test data. need to measure?
1065.405 Preparing and servicing a test (b) This part does not apply to any of (5) Does testing require full-flow
engine. the following engine or vehicle dilute sampling? Is raw sampling
1065.410 Service limits for stabilized test categories: acceptable? Is partial-flow dilute
engines. (1) Light-duty highway vehicles (see sampling acceptable?
1065.415 Durability demonstration. 40 CFR part 86). (6) Do any unique specifications
Subpart F—Running an Emission Test (2) Heavy-duty highway Otto-cycle apply for test fuels?
engines (see 40 CFR part 86). (7) What maintenance steps may I do
1065.501 Overview of the engine
(3) Heavy-duty highway diesel before or between tests on an emission-
dynamometer test procedures.
1065.510 Engine mapping procedures. engines (see 40 CFR part 86). data engine?
1065.515 Test cycle generation. (4) Aircraft engines (see 40 CFR part (8) Do any unique requirements apply
1065.520 Engine starting, restarting, and 87). to stabilizing emission levels on a new
shutdown. (5) Locomotive engines (see 40 CFR engine?
1065.525 Engine dynamometer test run. part 92). (9) Do any unique requirements apply
1065.530 Test cycle validation criteria. (6) Land-based nonroad diesel engines to testing conditions, such as ambient
Subpart G—Data Analysis and Calculations (see 40 CFR part 89). temperatures or pressures?
(7) General marine engines (see 40 (10) Are there special emission
1065.601 Overview. CFR parts 89 and 94).
1065.605 Required records. standards that affect engine operation
(8) Marine outboard and personal and ambient conditions?
1065.610 Bag sample analysis.
1065.615 Bag sample calculations. watercraft engines (see 40 CFR part 91). (11) Are there different emission
(9) Small nonroad spark-ignition standards that apply to field testing
Subpart H—Particulate Measurements engines (see 40 CFR part 90).
[Reserved] under normal operation?
(c) This part is addressed to you as a (b) The following table shows how
Subpart I—Testing With Oxygenated Fuels manufacturer, but it applies equally to this part divides testing specifications
1065.801 Applicability. anyone who does testing for you, and to into subparts:
1065.805 Sampling system. us when we conduct testing to
1065.810 Calculations. determine if you meet emission Describes these specifications
standards. This subpart... or procedures...
Subpart J—Field Testing
(d) Paragraph (a) of this section
1065.901 Applicability. identifies the parts of the CFR that Subpart A ..... General provisions for test
1065.905 General provisions. define emission standards and other procedures.
1065.910 Measurement accuracy and
precision.
requirements for particular types of
Subpart B ..... Equipment for testing.
1065.915 Equipment specifications for SI engines. In this part 1065, we refer to
engines. each of these other parts generically as Subpart C ..... Fuels and analytical gases for
1065.920 Equipment setup and test run for the ‘‘standard-setting part.’’ For testing.
SI engines. example, 40 CFR part 1051 is always the
Describes these specifications Resources Board or the International part to kW should generally be
This subpart... or procedures... Organization for Standardization. We interpreted to mean horsepower.
will allow this only if you show us that
Subpart D ..... How to calibrate test equip- § 1065.20 Limits for test conditions.
these data are equivalent to data
ment. collected using our test procedures. (a) Unless specified elsewhere in this
(3) You may ask to use alternate chapter, you may conduct tests to
Subpart E ..... How to prepare engines for determine compliance with duty-cycle
testing, including service procedures that produce measurements
equivalent to those from the specified emission standards at ambient
accumulation.
procedures. If you send us a written temperatures of 20–30° C (68–86° F),
Subpart F ..... How to test for emissions. request showing your procedures are ambient pressures of 600–775 mm Hg,
equivalent, and we agree that they are and any ambient humidity level.
Subpart G ..... How to calculate emission (b) Follow the standard-setting part
equivalent, we will allow you to use
levels from measured data. for ambient conditions when testing to
them. You may not use an alternate
determine compliance with not-to-
Subpart H ..... [Reserved]. procedure until we approve them, either
exceed or other off-cycle emission
by: telling you directly that you may use standards.
Subpart I ...... How to measure emissions this procedure; or issuing guidance to
from engines fueled with an (c) For engine testing in a laboratory,
all manufacturers, which allows you to you may heat, cool, and/or dehumidify
oxygenated fuel such as use the alternate procedure without
methanol or ethanol. the dilution air before it enters the CVS.
additional approval. (d) For engine testing in a laboratory,
Subpart J ...... How to do field testing of in- (4) You may ask to use special test if the barometric pressure observed
use vehicles and equip- procedures if your engine cannot be while generating the maximum-torque
ment. tested under the specified procedures curve changes by more than 25 mm Hg
(for example, your engine cannot from the value measured when you
Subpart K ..... Definitions, abbreviations, and operate on the specified transient cycle).
other reference information
started mapping, you must remap the
In this case, tell us in writing why you engine. Also, to have a valid test, the
that apply to emission test-
ing. cannot satisfactorily test your engines average barometric pressure observed
using this part’s procedures and ask to during the exhaust emission test must
use a different approach. We will be within 25 mm Hg of the average
§ 1065.10 Other test procedures.
approve your special test procedures if observed during the maximum torque
(a) Your testing. These test procedures we determine they would produce curve generation (see § 1065.510).
apply for all testing that you do to show emission measurements that are
compliance with emission standards, representative of those that would result Subpart B—Equipment and Analyzers
with a few exceptions listed in this from measuring emissions during in-use
section. § 1065.101 Overview.
operation. You may not use special
(b) Our testing. These test procedures This subpart describes equipment and
procedures until we approve them.
generally apply for testing that we do to analyzers for measuring emissions.
determine if your engines comply with (5) The standard-setting part may
Subpart D of this part describes how to
applicable emission standards. We may contain other specifications for test
calibrate these devices and subpart C of
conduct other testing as allowed by the procedures that apply for your engines.
this part defines the accuracy and purity
Act. In cases where it is not possible to
specifications of analytical gases.
(c) Exceptions. You may be allowed or comply with both the test procedures in
required to use test procedures other those parts and the test procedures in § 1065.105 Dynamometer and engine
than those specified in this part in the this part, you must comply with the test equipment specifications.
following cases: procedures specified in the standard- (a) The engine dynamometer system
(1) The test procedures in this part are setting part. Those other parts may also must be able to control engine torque
intended to produce emission allow you to deviate from the test and speed simultaneously over the
measurements equivalent to those that procedures of this part for other reasons. applicable test cycles within the
would result from measuring emissions accuracies specified in § 1065.530. If
§ 1065.15 Engine testing.
during in-use operation using the same your dynamometer cannot meet the
engine configuration installed in a piece (a) This part describes the procedures accuracy requirements in § 1065.530,
of equipment. If good engineering for performing exhaust emission tests on you must get our approval before using
judgment indicates that use of the engines that must meet emission it. For transient testing, issue command
procedures in this part for an engine standards. set points for engine torque and speed
would result in measurements that are (b) Generally, you must test an engine at 5 Hz or greater (10 Hz recommended).
not representative of in-use operation of while operating it on a laboratory Record feedback engine torque and
that engine, you must notify us. If we dynamometer over a prescribed speed at least once every second during
determine that using these procedures sequence. (Subpart J of this part the test. In addition to these general
would result in measurements that are describes in-use testing of engines requirements, make sure your engine or
significantly unrepresentative and that installed in vehicles or equipment.) You dynamometer’s readout signals for
changing the procedures will result in need to sample and analyze the exhaust speed and torque meet the following
more representative measurements and gases generated during engine operation accuracies for all testing:
not decrease the stringency of emission to determine the concentration of the (1) Engine speed readout must be
standards, we will specify changes to regulated pollutants. accurate to within ±2 percent of the
the procedures. In your notification to (c) Concentrations are converted into absolute standard value. A 60-tooth (or
us, you should recommend specific units of grams of pollutant per kilowatt- greater) wheel in combination with a
changes you think are necessary. hour (g/kW-hr) or similar units for common mode rejection frequency
(2) You may ask to use emission data comparison to emission standards. If the counter is considered an absolute
collected using other test procedures, applicable emission standards are standard for engine or dynamometer
such as those of the California Air expressed as g/bhp-hr, references in this speed.
(2) Engine flywheel torque readout as defined in paragraph (a)(1) of this (2) The system for measuring
must meet one of the two following section. temperature (sensors and readout) must
standards for accuracy: (2) Engine flywheel torque values have an accuracy and precision of ±3.4°
(i) Within ±3 percent of the NIST true used to evaluate cycles must be accurate F (±1.9° C). The temperature measuring
value torque (as defined in § 1065.315). to within ±3.6 percent of NIST true system for a CVS without a heat
(ii) The following accuracies: values, as determined in § 1065.315. exchanger must respond within 1.50
seconds to 62.5 percent of a temperature
If the full-scale torque Engine flywheel § 1065.110 Exhaust gas sampling system; change (as measured in hot silicone oil).
torque readout must spark-ignition (SI) engines. For a CVS with a heat exchanger, there
value is... be within...
(a) General. The exhaust gas sampling is no specific requirement for response
T ≤ 550 ft-lbs. ............ ±2.5 ft-lbs. of NIST system described in this section is time.
true value. designed to measure the true mass of (3) The system for measuring pressure
gaseous emissions in the exhaust of SI (sensors and readout) must have an
550 < T ≤ 1050 ft-lbs. ±5.0 ft-lbs. of NIST accuracy and precision of ±3 mm Hg
true value.
engines. (If the standard-setting part
requires determination of THCE or (0.4 kPa).
T > 1050 ft-lbs. ±10.0 ft-lbs. of NIST NMHCE for your engine, then see (4) The flow capacity of the CVS must
true value. subpart I of this part for additional be large enough to keep water from
requirements.) Under the constant- condensing in the system. You may
(3) Option: You may use internal volume sampler (CVS) concept, you dehumidify the dilution air before it
dynamometer signals (such as armature must measure the total volume of the enters the CVS. You also may heat or
current) to measure torque if you can mixture of exhaust and dilution air and cool the air if three conditions exist:
show that the engine flywheel torque collect a continuously proportioned (i) The air (or air plus exhaust gas)
during the test cycle conforms to volume of sample for analysis. You temperature does not exceed 250° F
paragraph (b)(2) of this section. Your must control flow rates so that the ratio (121° C).
measurements must compensate for of sample flow to CVS flow remains (ii) You calculate the CVS flow rate
increased or decreased flywheel torque constant. You then determine the mass necessary to prevent water condensation
because of the armature’s inertia during emissions from the sample based on the lowest temperature in the
accelerations and decelerations in the concentration and total flow over the CVS before sampling. (We recommend
test cycle. test period. insulating the CVS system when you
(b) To verify that the test engine has use heated dilution air.)
(1) Do not let the CVS or dilution air
followed the test cycle correctly, collect inlet system artificially lower exhaust (iii) The dilution ratio is high enough
the dynamometer or engine readout system backpressure. To verify proper to prevent condensation in bag samples
signals for speed and torque so you can backpressures, measure pressure in the as they cool to room temperature.
statistically correlate the engine’s actual raw exhaust immediately upstream of (5) Bags for collecting dilution air and
performance with the test cycle (see the inlet to the CVS. Continuously exhaust samples must be big enough for
§ 1065.530). Normally, to do this, you measure and compare the static pressure samples to flow freely.
would convert analog signals from the of the raw exhaust observed during a (6) The general CVS sample system
dynamometer or engine into digital transient cycle—with and without the consists of a dilution air filter (optional)
values for computer storage, but all CVS operating. Static pressure measured and mixing assembly, cyclone
conversions must meet two criteria: with the CVS system operating must particulate separator (optional), a
(1) Speed values used to evaluate remain within ±5 inches of water (1.2 sample line for the bag sample or other
cycles must be accurate to within 2 kPa) of the static pressure measured sample lines a dilution tunnel, and
percent of the readout value for when disconnected from the CVS, at associated valves and sensors for
dynamometer or engine speed. identical moments in the test cycle. pressure and temperature. Except for the
(2) Engine flywheel torque values (Note: We will use sampling systems system to sample hydrocarbons from
used to evaluate cycles must be accurate that can maintain the static pressure to two-stroke engines, the temperature of
to within 2 percent of the readout value within ±1 inch of water (0.25 kPa) if the sample lines must be more than 3°
for dynamometer or engine flywheel your written request shows that this C above the mixture’s maximum dew
torque. closer tolerance is necessary.) This point and less than 121° C. We
(c) You may combine the tolerances in requirement serves as a design recommend maintaining them at 113 ±
paragraphs (a) and (b) of this section if specification for the CVS/dilution air 8° C. For the hydrocarbon sampling
you use the root mean square (RMS) inlet system, and should be performed system with two-stroke engines, the
method and refer accuracies of the RMS as often as good engineering practice temperature of the sample lines should
values to absolute-standard or NIST true dictates (for example, after installing an be maintained at 191 ± 11° C. A general
values. uncharacterized CVS, adding an schematic of the SI sampling system is
(1) Speed values used to evaluate unknown inlet restriction on the shown in Figure 1065.110–1, which
cycles must be accurate to within ±2.8 dilution air, or otherwise altering the follows:
percent of the absolute standard values, system). BILLING CODE 6560–50–P
BILLING CODE 6460–50–C (b) Steady-state testing. Constant throughout transient testing, but is not
proportional sampling is required required throughout steady-state testing.
ER08NO02.017</GPH>
Steady-state testing requires that you (2) The ratio of sample flow to CVS (4) The analytical equipment for
draw a proportional sample for each test flow must not vary by more than ±5 measuring in-use emissions is specified
mode, but you may sample in different percent from the test’s setpoint. in Subpart J of this part.
proportions for different test modes, as (3) Sample flow totalizers must meet (b) Response time. Analyzers must
long as you know the ratio of the sample the accuracy specifications in have the following response
flow to total flow during each test mode. § 1065.150. You may obtain total characteristics:
This allowance means that you may use volumes from the flow controllers, with (1) For steady-state testing and
simpler flow control systems for steady- our advance approval, if you can show transient testing with bag sample
state testing than are shown in Figure they meet these accuracies. analysis, the analyzer must reach at
1065.110–1 of this section. (f) Component description, PDP–CVS. least 90 percent of its final response
(c) Configuration variations. Since The positive-displacement pump-CVS within 5.0 seconds after any step change
various configurations can produce (PDP–CVS) system for sampling is to the input concentration at or above 80
equivalent results, you need not identical to the CFV system described in percent of full scale.
conform exactly to the drawings in this paragraph (b) of this section, except for (2) For transient testing with
subpart. You may use other the following changes: continuous measurement, the analyzer
components—such as instruments, must reach at least 90 percent of its final
(1) Include a heat exchanger. response within 1.0 second after any
valves, solenoids, pumps and
(2) Use positive-displacement pumps step change to the input concentration
switches—to provide more information
for the CVS flow and sampling-system at or above 80 percent of full scale.
and coordinate the components’
flow. You do not need sampling (c) Precision and noise. Analyzers
functions. Based on good engineering
venturis or a venturi for the dilution must meet the following characteristics
judgment, you may exclude other
tunnel. All pumps must operate at a for precision and noise:
components that are not needed to
constant flow rate. (1) Precision must be no worse than
maintain accuracy on some systems.
(d) CFV–CVS component description. (3) All pumps must operate at a ±1 percent of full-scale concentration for
The flow characteristics of a Critical- nominally constant temperature. each range used above 155 ppm (or
Flow Venturi, Constant-Volume Maintain the gas mixture’s ppmC), or ±2 percent for each range
Sampler (CFV–CVS) are governed by the temperature—measured at a point just used below 155 ppm (or ppmC). For this
principles of fluid dynamics associated ahead of the positive-displacement paragraph (c)(1), we define precision as
with critical flow. The CFV system is pump (and after the heat exchanger for 2.5 times the standard deviation of 10
commonly called a constant-volume the main CVS pump)—within ±10° F repetitive responses to a given
system (CVS) even though the mass flow (±5.6° C) of the average operating calibration or span gas.
varies. More properly, they are constant- temperature observed during the test. (2) Peak-to-peak response to zero and
proportion sampling systems, because (You may estimate the average operating calibration or span gases over any 10-
small CFVs in each of the sample lines temperature from the temperatures second period must be no more than 2
maintains proportional sampling while observed during similar tests.) The percent of full-scale chart deflection on
temperatures vary. This CFV maintains system for measuring temperature all ranges used.
the mixture’s flow rate at choked flow, (sensors and readout) must have an (d) Drift. Analyzers must meet
which is inversely proportional to the accuracy and precision of ±3.4° F (1.9° specifications for zero-response and
square root of the gas temperature, and C), and response time consistent with span drift.
good engineering judgment. (1) The zero-response drift during one
the system computes the actual flow
(g) Mixed systems. You may combine hour must be less than 2 percent of full-
rate continuously. Because pressures
elements of paragraphs (d), (e), and (f) scale chart deflection on the lowest
and temperatures are the same at all
consistent with good engineering range used. Zero-response is the mean
venturi inlets, the sample volume is
judgment. For example, you may control response, including noise, to a zero-gas
proportional to the total volume. The
the CVS flow rate using a CFV, and during a 30-second interval.
CFV–CVS sample system uses critical
control sample flow rates using (2) The span drift during one hour
flow venturis for the bag sample or other
electronic flow controllers. must be less than 2 percent of full-scale
sample lines (these are shown in the
chart deflection on the lowest range
figure as flow control valves) and a § 1065.115 Exhaust gas sampling system; used. Span is the difference between the
critical flow venturi for the dilution compression-ignition engines. [Reserved] span-response and the zero-response.
tunnel. All venturis must be maintained
§ 1065.120 Raw sampling. [Reserved] Span-response is the mean response,
at the same temperature.
including noise, to a span gas during a
(e) EFC–CVS component description. § 1065.125 Analyzers (overview/general 30-second interval.
The electronic flow control-CVS (EFC– response characteristics). (e) Calibration. See subpart D of this
CVS) system for sampling is identical to part for specifications to calibrate
the CFV system described in paragraph (a) General. The following sections
and subparts describe the specifications analyzers.
(b) of this section, except that it adds
electronic flow controllers (instead of for analyzers and analytical equipment: § 1065.130 Hydrocarbon analyzers.
sampling venturis), a subsonic venturi (1) The analyzers for measuring This section describes the
and an electronic flow controller for the hydrocarbon, NOX, CO, and CO2 requirements for flame ionization
CVS (instead of the critical flow emission concentrations are specified in detectors (FIDs) used to measure
venturi), metering valves, and separate § 1065.130 through § 1065.140. hydrocarbons.
flow meters (optional) to totalize sample (2) The analytical equipment for (a) Fuel the FID with a mixture of
flow volumes. The EFC sample system measuring particulate emissions is hydrogen in helium and calibrate it
must conform to the following specified in Subpart H of this part. using propane.
requirements: (3) The analytical equipment for (b) If you use a heated FID (required
(1) The system must meet all the measuring emissions of oxygenated only for diesels and two-stroke, spark-
requirements in paragraph (b) of this compounds (for example, methanol) is ignition engines), keep the temperature
section. specified in Subpart I of this part. 191 ±11° C).
(c) Use an overflow sampling system specifications of ISO 8178–1 not specify a fuel, use the specified test
for heated continuous FIDs. (In an (incorporated by reference in fuel or a fuel typical of what you would
overflow system excess zero gas or span § 1065.1010). expect the engine to use in service.
gas spills out of the probe when you are (b) The NDIR must meet the (b) We may require you to test the
doing zero or span checks.) applicable quench and interference engine with each type of fuel it can use
(d) Do not premix the FID fuel and requirements of ISO 8178–1 (for example, gasoline and natural gas).
burner air. (incorporated by reference in (c) If you will produce engines that
(e) Make sure the FID meets accuracy § 1065.1010). can run on a type of fuel (or mixture of
and precision specifications in ISO
§ 1065.145 Smoke meters. [Reserved] fuels) that we do not specify in this
8178–1 (incorporated by reference in
subpart, we will allow you to test with
§ 1065.1010). § 1065.150 Flow meters. fuel representing commercially
§ 1065.135 NOX analyzers. (a) Flow meters must have accuracy available fuels of that type. However, we
This section describes the and precision of ±2 percent of point or must approve your fuel’s specifications
requirements for chemiluminescent better and be traceable to NIST before you may use it for emission
detectors (CLD) used to measure NOX. standards. testing.
Good engineering practice may require (b) You may correct flow (d) You may use a test fuel other than
the use of other detectors. measurements for temperature or those we specify in this subpart if you
(a) A CLD must meet the following pressure, if your temperature and do all of the following:
requirements: pressure measurements have accuracy (1) Show that it is commercially
(1) Make sure your CLD meets the and precision of ±2 percent of point or available.
accuracy and precision specifications in better (absolute). (2) Show that your engines will use
ISO 8178–1 (incorporated by reference only the designated fuel in service.
in § 1065.1010). § 1065.155 Temperature and pressure
(2) The NO to NO2 converter must sensors. (3) Show that operating the engines
have an efficiency of at least 90 percent. (a) Except where we specify otherwise on the fuel we specify would increase
(3) Use an overflow sampling system in this part, must meet the applicable emissions or decrease durability.
for continuous CLDs. (In an overflow accuracy and precision specifications of (4) Get our written approval before
system excess zero gas or span gas spills ISO 8178–1 (incorporated by reference you start testing.
out of the probe when you are doing in § 1065.1010). (e) We may allow you to use other test
zero or span checks.) (b) Use good engineering judgment to fuels (for example, California Phase 2
(4) You do not need a heated CLD to design and operate your temperature gasoline) if they do not affect the
test spark-ignition engines. and pressure measuring systems to demonstration of compliance.
(b) Using CLDs is generally acceptable minimize delays in response time and
even though they measure only NO and avoid hysteresis. § 1065.205 Test fuel specifications for
NO2, since conventional engines do not distillate diesel fuel. [Reserved]
emit significant amounts of other NOX Subpart C—Test Fuels and Analytical § 1065.210 Test fuel specifications for
species. Gases gasoline.
§ 1065.140 CO and CO2 analyzers. § 1065.201 General requirements for test Gasoline used as a test fuel must meet
This section describes the fuels. the following specifications:
requirements for non-dispersive infrared (a) For all emission tests, use test fuels (a) Unless the standard-setting part
absorption detectors (NDIR) to measure meeting the specifications in this requires testing with fuel appropriate for
CO and CO2. subpart, unless the standard-setting part low temperatures, use gasoline test fuels
(a) The NDIR must meet the directs otherwise. For any service meeting the specifications in the
applicable accuracy and precision accumulation on a test engine, if we do following table:
TABLE 1 OF § 1065.210.—GENERAL TEST-FUEL SPECIFICATIONS FOR GASOLINE

Item Procedure 1 Value 1
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
TABLE 1 OF § 1065.210.—GENERAL TEST-FUEL SPECIFICATIONS FOR GASOLINE—Continued

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 meeting the specifications in the

testing with fuel appropriate for low following table:
temperatures, use gasoline test fuels
TABLE 2 OF § 1065.210.—LOW-TEMPERATURE TEST-FUEL SPECIFICATIONS FOR GASOLINE

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 § 1065.215 Test fuel specifications for
values that represent commercially natural gas.
available fuels for the appropriate (a) Natural gas used as a test fuel must
application. meet the specifications in the following
table:
TABLE 1 OF § 1065.215.—TEST-FUEL SPECIFICATIONS FOR NATURAL GAS

Value
Item Procedure1 (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 down to a concentration in air of not more than one-fifth of the lower
must have a distinctive odor detectable flammability limit.
§ 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 Procedure 1 Value
1. Propane .......................................................................................................................... ASTM D 2163–91 85.0 vol. percent minimum.
2. Vapor pressure at 38° C ................................................................................................ ASTM D 1267–02 14 bar maximum.

or 2598–02 2
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 ex-
amine it in daylight after two minutes (see ASTM D 2158–02).
(b) At ambient conditions, the fuel available and represent the oil that will supplier and may not use any gas after
must have a distinctive odor detectable be used with your in-use engines. the expiration date.
down to a concentration in air of not (a) Pure gases. Use the ‘‘pure gases’’
over one-fifth of the lower flammability § 1065.250 Analytical gases.
Analytical gases that you use to shown in the following table:
limit.
comply with this part must meet the
§ 1065.240 Lubricating oils. accuracy and purity specifications of
Lubricating oils you use to comply this section. You must record the
with this part must be commercially expiration date specified by the gas
TABLE 1 OF § 1065.250.—CONCENTRATION LIMITS FOR PURE GASES

Maximum contaminant concentrations
Gas type 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, 1 ppmC ....................... 1 ppm .......................... 400 ppm ...................... 0.1 ppm ....................... 18–21%.
or Zero-Grade Air.
(b) Fuel for flame ionization detectors. (1) Use the following gas mixtures, as gas must not exceed 5 percent of the NO
Use a hydrogen-helium mixture as the applicable, for calibrating and spanning content).
fuel. Make sure the mixture contains 40 your analytical instruments: (iv) Oxygen in purified nitrogen.
± 2 percent hydrogen and no more than (i) Propane in purified synthetic air. (v) CO2 in purified nitrogen.
1 ppmC of organic carbon or 400 ppm You may ask us to allow you to use (vi) Methane in purified synthetic air.
of CO2. propane in purified nitrogen for high (2) The calibration gases in paragraph
(c) Calibration and span gases. Apply concentrations of propane. (c)(1) of this section must be traceable
the following provisions to calibration (ii) CO in purified nitrogen. to within one percent of NIST gas
and span gases: standards or other gas standards we
(iii) NO and NO2 in purified nitrogen have approved. Span gases in paragraph
(the amount of NO2 in this calibration (c)(1) of this section must be accurate to
within two percent of true Subpart D—Analyzer and Equipment (b) The transfer technique involves
concentration, where true concentration Calibrations calibrating a master load cell
refers to NIST gas standards, or other (dynamometer case load cell). You may
gas standards we have approved. Record § 1065.301 Overview. calibrate the master load cell with
concentrations of calibration gas as Calibrate all analyzers and equipment known calibration weights at known
volume percent or volume ppm. at least annually, but make the actual horizontal distances. Or you may use a
frequency consistent with good hydraulically actuated, precalibrated,
(3) You may use gases for species engineering judgment. We may establish master load cell and then transfer this
other than those in paragraph (c)(1) of other guidelines as appropriate. calibration to the device that measures
this section (such as methanol in air Calibrate following specifications in one the flywheel torque. The transfer
gases used to determine response of three sources: technique involves three main steps:
factors), as long as they meet the (a) Recommendations from the (1) Precalibrate a master load cell or
following criteria: manufacturer of the analyzers or calibrate it following paragraph (a)(1) of
(i) They are traceable to within ±2 equipment. this section. Use known weights
percent of NIST gas standards or other (b) 40 CFR part 86, subpart F or traceable to NIST with the lever arms
standards we have approved. subpart N. specified in paragraph (b)(2) of this
(c) 40 CFR part 90, subparts D and E, section. Run or vibrate the
(ii) They remain within ±2 percent of as applicable.
the labeled concentration. Show this by dynamometer during this calibration to
measuring quarterly with a precision of § 1065.305 International calibration reduce static hysteresis.
(2) Use lever arms at least 20 inches
±2 percent (two standard deviations) or standards.
(a) You may ask to use international long. The horizontal distances from the
by using another method we approve.
standards for calibration. master load cell’s centerline to the
You may take multiple measurements. If dynamometer’s centerline and to the
the true concentration of the gas (b) You need not ask for approval to
use standards that have been shown to point where you apply weight or force
changes by more than two percent, but must be accurate to within ±0.10 inches.
less than ten percent, you may relabel be traceable to NIST standards.
Balance the arms or know their net
the gas with the new concentration. § 1065.310 CVS calibration. [Reserved] hanging torque to within ±0.1 ft-lbs.
(4) You may generate calibration and (3) Transfer calibration from the case
§ 1065.315 Torque calibration.
span gases using precision blending or master load cell to the torque-
You must use one of two techniques measuring device with the
devices (gas dividers) to dilute gases
to calibrate torque: the lever-arm dead- dynamometer operating at a constant
with purified nitrogen or with purified weight or the transfer technique. You
synthetic air. Make sure the mixing speed. Calibrate the torque-
may use other techniques if you show measurement device’s readout to the
device produces a concentration of they are equally accurate. The NIST
blended calibration gases that is master load cell’s torque readout at a
‘‘true value’’ torque is defined as the minimum of six loads spaced about
accurate to within ± 1.5 percent. To do torque calculated by taking the product
so, you must know the concentration of equally across the full useful ranges of
of an NIST traceable weight or force and both measurement devices. (Good
primary gases used for blending to an a sufficiently accurate horizontal
accuracy of at least ± 1 percent, engineering practice requires that both
distance along a lever arm, corrected for devices have about the same useful
traceable to NIST gas standards or other the lever arm’s hanging torque.
gas standards we have approved. For ranges of torque measurement.) Transfer
(a) The lever-arm dead-weight
each calibration incorporating a the calibration so it meets the accuracy
technique involves placing known
requirements in § 1065.105(a)(2) for
blending device, verify the blending weights at a known horizontal distance
readouts from the torque-measurement
accuracy between 15 and 50 percent of from the torque-measuring device’s
device.
full scale. You may optionally check the center of rotation. You need two types
blending device with an instrument that of equipment: Subpart E—Engine Selection,
is linear by nature (for example, using (1) Calibration weights. This Preparation, and Service Accumulation
NO gas with a CLD). Adjust the technique requires at least six
instrument’s span value with the span calibration weights for each range of § 1065.401 Selecting a test engine.
gas connected directly to it. Check the torque-measuring device used. Equally While all engine configurations
blending device at the used settings to space the weights and make sure each within a certified engine family must
ensure that the difference between one is traceable to NIST weights. You comply with the applicable standards in
nominal values and measured also may use weights certified by a U.S. the standard-setting part, you are not
concentrations at each point stays state government’s bureau of weights required to test each configuration for
within ± 0.5 percent of the nominal and measures. If your laboratory is certification.
value. outside the U.S., see § 1065.305 for (a) Select for testing according to the
information about using non-NIST following guidance the engine
(d) Oxygen interference gases. Gases standards. You may account for effects configuration within the engine family
to check oxygen interference are of changes in gravitational constant at that is most likely to exceed an emission
mixtures of oxygen, nitrogen, and the test site. standard:
propane. The oxygen concentration (2) Lever arm. This technique also (1) Test the engine that we specify,
must be 20–22 percent and the propane requires a lever arm at least 20 inches whether we do this through general
concentration must be 50–90 percent of long. Make sure the horizontal distance guidance or give you specific
the maximum value in the most from the torque-measurement device’s instructions.
typically used FID range. Independently centerline to the point where you apply (2) If we do not tell you which engine
measure the concentration of total the weight is accurate to within ±0.10 to test, follow any instructions in the
hydrocarbons plus impurities by inches. You must balance the arm or standard-setting part.
chromatographic analysis or by dynamic know its hanging torque to within ±0.1 (3) If we do not tell you which engine
blending. ft-lbs. to test and the standard-setting part does
not include specifications for selecting repair) does not make the engine consistent with good engineering
test engines, use good engineering unrepresentative of production engines judgment. Evenly space any tests
judgment to select the engine in the field and does not require anyone between the first and last test points
configuration within the engine family to access the combustion chamber. throughout the durability period.
that is most likely to exceed an emission (ii) Something clearly malfunctions (2) Perform emission tests following
standard. (such as persistent misfire, engine stall, the provisions of this part and the
(b) In the absence of other overheating, fluid leakage, or loss of oil standard-setting part.
information, the following pressure) and needs maintenance or
characteristics are appropriate to repair. Subpart F—Running an Emission Test
consider when selecting the engine to (iii) You give us a chance to verify the
§ 1065.501 Overview of the engine
test: extent of the malfunction before you do dynamometer test procedures.
(1) Maximum fueling rates. the maintenance.
(2) Maximum in-use engine speed (2) If we determine that a part’s failure (a) The engine dynamometer test
(governed or ungoverned, as applicable). or a system’s malfunction (or the procedure measures brake-specific
(3) Highest sales volume. associated repair) has made the engine emissions of hydrocarbons (total and
(c) We may select any engine unrepresentative of production engines, nonmethane, as applicable), carbon
configuration within the engine family you may no longer use it as a test monoxide, and oxides of nitrogen. To
for our testing. engine. perform this test procedure, you first
(3) You may not do unscheduled dilute exhaust emissions with ambient
§ 1065.405 Preparing and servicing a test air and collect a continuous
engine. maintenance based on emission
measurements from the test engine. proportional sample for analysis, then
(a) If you are testing an emission-data analyze the composite samples (either
engine for certification, make sure you (4) Unless we approve otherwise in
advance, you may not use equipment, in bags after the test or continuously
have built it to represent production during the test). The general test
engines. instruments, or tools to identify bad
engine components unless you specify procedure consists of a test cycle made
(b) Run the test engine, with all of one or more segments (check the
emission-control systems operating, they should be used for scheduled
maintenance on production engines. In standard-setting part for specific cycles):
long enough to stabilize emission levels. (1) Either a cold-start cycle (where
If you accumulate 50 hours of operation, this case, if they are not generally
available, you must also make them you measure emissions) or a warm-up
you may consider emission levels stable cycle (where you do not measure
without measurement. available at dealerships and other
service outlets. emissions).
(c) Do not service the test engine (2) A hot-start transient test (some test
before you stabilize emission levels, (c) If you do maintenance that might
affect emissions, you must completely cycles may omit engine starting from the
unless we approve other maintenance in ‘‘hot-start’’ cycle).
advance. This prohibition does not test the engine for emissions before and
after the maintenance, unless we waive (3) A steady-state test.
apply to your recommended oil and (b) Measure power using the
filter changes for newly produced this requirement.
(d) If your test engine has a major dynamometer’s feedback signals for
engines, or to idle-speed adjustments. torque and speed. The power
(d) Select engine operation for mechanical failure that requires you to
take it apart, you may no longer use it measurement produces a brake kilowatt-
accumulating operating hours on your hour value that allows you to calculate
test engines to represent normal in-use as a test engine.
brake-specific emissions (see Subpart G
operation for the engine family. § 1065.415 Durability demonstration. of this part).
(e) If you need more than 50 hours to
If the standard-setting part requires (c) Prepare engines for testing
stabilize emission levels, record your
durability testing, you must accumulate consistent with § 1065.10(c)(1) and
reasons and the method you use to do
service in a way that represents how according to the following provisions:
this. Give us these records if we ask for (1) When you test an engine or
them. you expect the engine to operate in use.
You may accumulate service hours operate it for service accumulation, use
§ 1065.410 Service limits for stabilized test using an accelerated schedule, such as the complete engine with all emission-
engines. through continuous operation. control devices installed and
(a) After you stabilize the test engine’s (a) Maintenance. The following limits functioning.
emission levels, you may do scheduled apply to the maintenance that we allow (2) Install the fan for any air-cooled
maintenance, other than during you to do on test engine: engine (if applicable).
emission testing, as the standard-setting (1) You may perform scheduled (3) You may install accessories such
part specifies. maintenance that you recommend to as an oil cooler, alternators, and air
(b) You may not do any unscheduled operators, but only if it is consistent compressors or simulate their loading if
maintenance to the test engine or its with the standard-setting part’s they are typical of in-use operation.
emission-control system or fuel system restrictions. Apply this loading during all testing
without our advance approval. (2) You may perform additional operations, including mapping.
Unscheduled maintenance includes maintenance only if we approve it in (4) You may install a production-type
adjusting, repairing, removing, advance, as specified in § 1065.410(b). starter on the engine.
disassembling, cleaning, or replacing (3) If your test engine has a major (5) Cool the engine in a way that will
the test engine. We may approve routine mechanical failure that requires you to maintain its operating temperatures
maintenance that is not scheduled such take it apart, you may no longer use it including the intake air, oil, water
as maintaining the proper oil level. as a test engine. temperatures about the same as they
(1) We may approve other (b) Emission measurements. You must would be during normal operation. You
unscheduled maintenance if all of the measure emissions following two main may use auxiliary fans if necessary. You
following occur: requirements: may use rust inhibitors and lubrication
(i) You determine that a part failure or (1) Perform emission tests to additives, up to the levels that the
system malfunction (or the associated determine deterioration factors additive manufacturer recommends.
You may also use antifreeze mixtures average rate of 8±1 rpm/sec over the full applicable test cycles consisting of
and other coolants typical of those speed range. You may use higher second-by-second specifications for
approved for use by the manufacturer. sweeping rates for naturally-aspirated normalized torque and speed for
(6) Use representative exhaust and air- engines, in accordance with good transient cycles, or modal specifications
intake systems. Make sure the exhaust engineering judgment. Record speed for normalized torque and speed (or
restriction is 80 to 100 percent of the and torque points at a rate of at least one power and speed) for steady-state
recommended maximum specified point per second. Connect all points cycles. You must denormalize these
exhaust restriction and the air inlet generated under this approach by linear values to get actual torque and speed for
restriction is between that of a clean interpolation. your engine.
filter and the maximum restriction (c) Alternate mapping. You may use (1) Torque is normalized to a
specification. As the manufacturer, you other mapping techniques if you believe maximum-torque value. Check the
are liable for emission compliance from those in paragraphs (a) and (b) of this standard-setting part to see if it is
the minimum in-use restrictions to the section are unsafe or unrepresentative normalized based on the maximum
maximum restrictions you specify for for any engine or engine family. These torque at the given speed or based on
that particular engine. alternate techniques must satisfy the the maximum torque for all speeds. To
intent of the specified mapping denormalize the torque values in the
§ 1065.510 Engine mapping procedures.
procedures—to determine the maximum cycle, use the engine’s maximum-torque
(a) Torque map. Map your engine’s available torque at all engine speeds that point or its torque map (§ 1065.510
torque while it is mounted on the occur during the test cycles. Report describes how to generate the torque
dynamometer. Use the torque curve deviations from this section’s mapping map).
resulting from the mapping to convert techniques for reasons of safety or (2) Power is normalized to a
the normalized torque values in the representativeness. In no case, however, maximum-power value. Check the
engine cycle to actual torque values for may you use descending continual standard-setting part to see if it is
the test cycle. Make sure the speed sweeps of engine speed for governed or normalized based on the maximum
ranges at least from the warm no-load turbocharged engines. power at the given speed or based on
idle speed to 105 percent of the (d) Replicate tests. You need not map the maximum power for all speeds. To
maximum test speed. Because you an engine before every test, but you do denormalize the power values in the
determine the maximum test speed from need to remap the engine in any of the cycle, use the engine’s maximum-power
the torque map, you may have to following situations: point or its power map (§ 1065.510
perform a preliminary torque map to (1) Good engineering judgment describes how to generate the power
determine the full mapping range. You determines that an unreasonable map).
may perform this preliminary torque amount of time has passed since the last (3) To denormalize speed, use the
map while the engine warms up. To map. following equation:
map the engine, do the following things (2) The barometric pressure before the Actual engine speed = (0.01) × (%engine
in sequence: test begins has changed more than 25 speed) × (Maximum test speed—
(1) Warm up the engine so oil and mm Hg from the average barometric warm idle speed) + warm idle
water temperatures (on an absolute scale pressure observed during the map. speed
such as the Kelvin scale) vary by less (3) The engine has undergone (4) Paragraph (d) of this section
than two percent for two minutes; or physical changes or recalibration that describes how to calculate maximum
until the thermostat opens if the engine- might affect its performance. test speed.
coolant system includes a thermostat. (e) Power map. Where applicable, (b) Example of denormalizing a test
(2) Operate the engine at the warm no- generate a power map using the points. For an engine with maximum
load idle speed. procedures this section specifies for
(3) Fully open the throttle. test speed of 3800 rpm and warm idle
torque maps. You may generate the speed of 600 rpm, denormalize the
(4) While maintaining wide-open power map directly or convert the
throttle and full-load, keep the engine at following test point: percent engine
torque map to a power map using speed = 43, percent torque = 82.
minimum speed for at least 15 seconds. engine speeds. The power map is also
Record the average torque during the (1) Calculate actual engine speed. The
called a lug curve. following equation applies for this
last 5 seconds. (f) Cycles based only on torque/power
(5) In increments of 100±20 rpm, example:
at maximum test speed. If the applicable
determine the maximum torque curve test cycle for your engine does not Actual engine speed = (0.01) × (43) ×
for the full speed range. Hold each test require map information for engine (3800¥600) + 600 = 1976 rpm.
point for 15 seconds and record the speeds other than the maximum test (2) Determine actual torque.
average torque over the last 5 seconds. speed, you may make the following Determine the maximum observed
You may use larger increments for simplifications: torque at 1976 rpm from the maximum
engines with maximum test speed over (1) You need not perform the entire torque curve. Then multiply this value
4000 rpm, as long as you include at least torque or power map, as long as you (for example, 358 ft-lbs.) by 0.82. The
40 points and space them evenly. map the engines for speeds between 75 resulting actual torque is 294 ft-lbs.
(6) Fit all data points recorded with a and 105 percent of the maximum test (c) Cold-start enhancement devices. If
cubic spline, Akima, or other technique speed. an engine has a properly operating
we approve in advance. The resultant (2) You need not remap an engine automatic enhancement device for cold
curve must be accurate to within ±1.0 ft- according to paragraph (d) of this starts, let it override the zero-percent
lbs. of all recorded engine torques. section. You need only verify the speed specified in the test cycles.
(b) Torque map with continual engine maximum torque or power at maximum (d) Maximum test speed. For
speed sweep. In place of paragraphs test speed. constant-speed engines, maximum test
(a)(1) through (a)(4) of this section, you speed is the same as the engine’s
may do a continual sweep of engine § 1065.515 Test cycle generation. maximum operating speed in use.
speed. While operating at wide-open (a) Denormalizing test cycles. The Maximum test speed for variable-speed
throttle, increase the engine speed at an standard-setting parts establish the engines occurs on the lug curve at the
point farthest from the origin on a plot dynamometer. Use the dynamometer to (d) Start the CVS (if not already
of power vs. speed. To find this speed, crank (or motor) the engine at the started), the sample pumps, the engine
follow three main steps: typical in-use cranking speed with a cooling fans, and the data-collection
(1) Generate the lug curve. Before fully charged battery (nominal speed system. Before the test begins, preheat
testing an engine for emissions, generate ±10 percent), accelerating the engine to the CVS’s heat exchanger (if used) and
data points for maximum measured cranking speed in the same time it the heated components of any
brake power with varying engine speed would take with a starter motor continuous sampling systems to
(see § 1065.510). These data points form (nominal ±0.5 seconds). Stop motoring designated operating temperatures.
the lug curve. by the dynamometer within one second (e) Adjust the sample flow rates to the
(2) Normalize the lug curve. To of starting the engine. The cycle’s free- desired levels and set to zero the
normalize the lug curve, do three things: idle period begins when you determine devices in the CVS that measure gas
(i) Identify the point (power and that the engine has started. flow. The venturi design fixes the
speed) on the lug curve where (1) If the engine does not start after 15 sample flow rate in a CFV–CVS.
maximum power occurs. seconds of cranking, stop cranking and (f) Start the engine if engine starting
(ii) Normalize the power values of the determine the reason it failed to start. is not part of the test cycle, as specified
lug curve—divide them by the While diagnosing the problem, turn off in the standard-setting part.
maximum power and multiply the the device that measures gas flow (or (g) Run the test cycle specified in the
resulting values by 100. revolution counter) on the constant- standard-setting part and collect the test
(iii) Normalize the engine speed volume sampler (and all integrators data.
values of the lug curve—divide them by when measuring emissions (h) As soon as practical after the test
the speed at which maximum power continuously). Also, turn off the cycle is complete, analyze the bag
occurs and multiply the resulting values constant-volume sampler or disconnect samples.
by 100. the exhaust tube from the tailpipe. If § 1065.530 Test cycle validation criteria.
(3) Determine maximum test speed. failure to start is an operational error,
Calculate the maximum test speed from (a) Steady-state emission testing.
reschedule the engine for testing (this
the following speed-factor analysis: Make sure your engine’s speeds and
may require soaking the engine if the
(i) For a given power-speed point, the loads stay within ±2 percent of the set
test requires a cold-start).
speed factor is the normalized distance point during the sampling period.
(2) If longer cranking times are
(b) Transient emission testing
to the power-speed point from the zero- necessary, you may use them instead of
performed by EPA. Emission tests must
power, zero-speed point. Compute the the 15-second limit, as long as the
meet the specifications of this paragraph
speed factor’s value: owner’s manual and the service-repair
(b). Otherwise, they do not comply with
manual describe the longer cranking
the test cycle requirements of the
Speed factor = (power)2 + (speed)2 times as normal.
standard-setting part, unless we
(3) If an engine malfunction causes a
(ii) Determine the maximum value of determine the cause of the failure to
failure to start, you may correct it in less
speed factors for all the power-speed meet these specifications is related to
than 30 minutes and continue the test.
data points on the lug curve. Maximum the engine rather than the test
Reactivate the sampling system at the
test speed is the speed at which the equipment.
same time cranking begins. When the
speed factor’s maximum value occurs. (1) Shifting feedback signals. The time
engine starts, begin the timing sequence.
Note that this maximum test speed is lag between the feedback and reference-
If an engine malfunction causes a failure
the 100-percent speed point for cycle values may bias results. To reduce
to start, and you cannot restart the
normalized transient duty cycles. this effect, you may advance or delay
engine, the test is void.
(e) Intermediate test speed. Determine the entire sequence of engine-speed and
(b) Engine stalling. Respond to engine
intermediate test speed with the torque-feedback signals with respect to
stalling as follows:
following provisions: (1) If the engine stalls during the the reference sequence for speed and
(1) If peak torque speed is 60 to 75 warm-up period, the initial idle period torque. If you shift the feedback signals,
percent of the maximum test speed, the of test, or the steady-state segment, you you must shift speed and torque the
intermediate speed point is at that same may restart the engine immediately same amount in the same direction.
speed. (2) Calculating brake kilowatt-hour
using the appropriate starting procedure
(2) If peak torque speed is less than 60 emissions. Calculate brake kilowatt-hour
and continue the test.
percent of the maximum test speed, the (2) If the engine stalls at any other emissions for each pair of feedback
intermediate speed point is at 60 time, the test is void. values recorded for engine speed and
percent of maximum test speed. (c) Engine shutdown. Shut the engine torque. Also calculate the reference
(3) If peak torque speed is greater than down according to the manufacturer’s brake kilowatt-hour for each pair of
75 percent of the maximum test speed, specifications. reference values for engine speed and
the intermediate speed point is at 75 torque. Calculate to five significant
percent of maximum test speed. § 1065.525 Engine dynamometer test run. figures.
Take the following steps for each test: (3) Performing regression-line
§ 1065.520 Engine starting, restarting, and (a) Prepare the engine, dynamometer, analysis. Perform regression analysis to
shutdown. and sampling system. Change filters or calculate validation statistics as follows:
Unless the standard-setting part other replaceable items and check for (i) Perform linear regressions of
specifies otherwise, follow the steps in leaks as necessary. feedback value on reference value for
this section to start and shut down the (b) If you are using bag samples, speed, torque, and brake power on 1 Hz
test engine: connect evacuated sample-collection data after the feedback shift has
(a) Engine starting. Start the engine bags to the collection system for the occurred (see paragraph (b)(1) of this
according to the manufacturer’s dilute exhaust and dilution air sample. section). Use the method of least
recommended starting procedure in the (c) Attach the CVS to the engine’s squares, with the best-fit equation
owner’s manual, using either a exhaust system any time before starting having the form:
ER08NO02.015</MATH>
production starter motor or the the CVS. y = mx + b
Where: (ii) Calculate the standard error of slope, intercept, standard error, and
y = The feedback (actual) value of speed estimate (SE) of y on x and the coefficient of determination meet the
(rpm), torque (ft-lbs.), or brake coefficient of determination (r2) for each criteria in the following table (you may
power. regression line. delete individual points from the
m = Slope of the regression line. (iii) For a valid test, make sure the regression analyses, consistent with
x = The reference value (speed, torque, feedback cycle’s integrated brake good engineering judgment):
or brake power). kilowatt-hour is within 5 percent of the
b = The y-intercept of the regression reference cycle’s integrated brake
line. kilowatt-hour. Also, ensure that the
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 ≤ 40 rpm ................................. b ≤ 5.0 percent of maximum b ≤ 3.0 percent of maximum
(b). torque from power map. torque from power map.
3. Standard error of the estimate 100 rpm ........................................ 15 percent of maximum torque 10 percent of maximum power
of Y on X (SE). from power map. from power map.
4. Coefficient of determination (r2) r2 ≥ 0.970 ...................................... r2 ≥ 0.900 ...................................... r2 ≥ 0.900.
(c) Transient testing performed by (h) Gas analyzers: Analyzer bench (c) Check zeroes; if necessary, repeat
manufacturers. Emission tests that meet identification, analyzer ranges, the procedure in paragraphs (a) and (b)
the specifications of paragraph (b) of recordings of analyzer output during of this section.
this section satisfy the standard-setting zero, span, and sample readings. (d) Check flow rates and pressures.
part’s requirements for test cycles. You (i) Recorder charts: Test number, date, (e) Measure HC, CO, CO2, and NOX
may ask to use a dynamometer that identification, operator’s name, and concentrations of samples.
cannot meet those specifications, identification of the measurements (f) Check zero and span points. If the
consistent with good engineering recorded. difference is greater than 2 percent of
practice. We will approve your request (j) Test cell barometric pressure, full scale, repeat the procedure in
as long as using the alternate ambient temperature, and humidity as paragraphs (a) through (e) of this
dynamometer does not affect your required. (Some test systems may section.
ability to show that you comply with all require continuous measurements;
others may require a single § 1065.615 Bag sample calculations.
applicable emission standards.
measurement, or measurements before (a) Calculate the dilution factor. The
Subpart G—Data Analysis and and after the test.) dilution factor is the ratio of the total
Calculations (k) Temperatures: Records to verify volume of the raw exhaust to the total
compliance with the ambient volume of the diluted exhaust. It is
§ 1065.601 Overview. temperature requirements throughout calculated as 134,000 divided by the
This subpart describes how to use the the test procedure. sum of the diluted ppmC concentrations
responses on the analyzers and other (l) CFV–CVS: Total dilute exhaust of carbon-containing compounds in the
meters to calculate final gram per volume (Vmix) for each phase of the exhaust, as follows:
kilowatt-hour emission rates. exhaust test. DF = 134,000/
Note: Volume and density values used in (m) PDP–CVS: Test measurements for (CO2sample+THCsample+COsample),
these calculations are generally corrected to calculating the total dilute exhaust Where:
standard conditions of 20°C and 101.3 kPa.) volume (Vmix), and the Vmix for each CO2sample and COsample are expressed as
phase of the exhaust test. ppm, and THCsample is expressed as
§ 1065.605 Required records. (n) The humidity of the dilution air.
ppmC.
Retain the following information for Note: If you do not use conditioning (b) Calculate mass emission rates (g/
each test: columns, this measurement is not necessary.
test) for the transient segment using the
(a) Test number. If you use conditioning columns and take the
dilution air from the test cell, you may use general equation in paragraph (b)(1) of
(b) System or device tested (brief
the ambient humidity for this measurement. this section:
description).
(1) The general equation is:
(c) Date and time of day for each part
of the test schedule. § 1065.610 Bag sample analysis. Emission rate = (total dilute exhaust
(d) Test results. (a) Zero the analyzers and obtain a flow volume)(ppm)(density factor)/
(e) Operator’s name. stable zero reading. Recheck after tests. 106
(f) Engine: ID number, manufacturer, (b) Introduce span gases and set Mx = (Vmix)(Ci)(fdi)/106
model year, emission standards, engine instrument gains. To avoid errors, span Where:
family, basic engine description, fuel and calibrate at the same flow rates used Mx = Mass emission rate in g/test
system, engine code, and idle speed, as to analyze the test sample. Span gases segment.
applicable. should have concentrations equal to 75 Vmix = Total dilute exhaust flow volume
(g) Dynamometer: Dynamometer to 100 percent of full scale. If gain has flow in m3 per test segment
identification, records to verify shifted significantly on the analyzers, corrected to 20°C and 101.3 kPa.
compliance with the duty cycle check the calibrations. Show actual Ci = The concentration of species i, in
requirements of the test. concentrations on the chart. ppm or ppmC, corrected for background
contribution according to the equation 2,4-dinitrophenylhydrazine to measure § 1065.905 General provisions.

in paragraph (b)(2) of this section. aldehydes. (a) Unless the standard-setting part
fdi = The density factor for species i. The (b) Use good engineering judgment to specifies deviations from the provisions
density factors are 576.8 g/m3 for measure other oxygenated compounds of this subpart, testing conducted under
THC, 1913 g/m3 for NOX, and 1164 in the exhaust. this subpart must conform to all of the
g/m3 for CO. provisions of this subpart.
§ 1065.810 Calculations. (b) Testing conducted under this
(2) The equation to calculate Ci is:
(a) THCE emissions. (1) Calculate subpart may include any normal in-use
Ci = Csample–Cbackground [1—(1/DF)]
THCE emissions as the sum of the mass operation of the engine.
Where:
of the nonoxygenated hydrocarbons in
Csample = Concentration of species i in the exhaust and the carbon-equivalent § 1065.910 Measurement accuracy and
the diluted exhaust sample, in ppm precision.
mass of each measured oxygenated
or ppmC. species in the exhaust. (a) Measurement systems used for in-
Cbackground = Concentration of species i in (2) Calculate carbon-equivalent mass use testing must be accurate to within
the dilution air background sample, of each measured oxygenated species ±5 percent compared to engine
in ppm or ppmC. from the following equation: dynamometer testing conducted
DF = Dilution factor, as calculated in according to the test procedures of this
Carbon equivalent = 13.8756 × MOC/ part that are applicable for your engine.
paragraph (a) of this section.
MWPC These systems must also have a
(c) Calculate total brake work (kW–hr) Where:
done during the emissions sampling precision of ±5 percent or better.
period of each segment or mode. MOC is the mass of the oxygenated Determine accuracy and precision of an
(d) Calculate emissions in g/kW–hr by compound in the exhaust, and MWPC is in-use system by simultaneously
dividing the mass emission rate (g/test the molecular weight of compound per measuring emissions using the engine-
segment) by the total brake work for the carbon atom of compound. dynamometer test procedures of this
test segment. (b) NMHCE emissions. Calculate part and the in-use system. To have a
(e) Apply deterioration factors or NMHCE emissions as either: statistically valid sample, measure
other adjustment factors to the brake- (1) The sum of the mass of the emissions during at least 3 tests each for
specific emission rate in paragraph (e) nonoxygenated nonmethane at least 3 different engines. You must
as specified in the standard-setting part. hydrocarbons in the exhaust and the conduct these verification tests using
carbon-equivalent mass of each the test cycle specified in the standard-
Subpart H—Particulate Measurements measured oxygenated species in the setting part, unless we approve a
[Reserved] exhaust. different test cycle.
(2) THCE minus the mass of methane (1) A system must meet the following
Subpart I—Testing With Oxygenated in the exhaust. conditions to be considered sufficiently
Fuels (c) Sample calculation. (1) Assume accurate:
the following emissions for a test: 40.00 (i) The correlation coefficient (r) for a
§ 1065.801 Applicability. grams of nonoxygenated hydrocarbons, least-squares linear fit that includes the
(a) This subpart applies for testing 100.00 grams of ethanol, and 10.00 origin must be 0.95 or higher.
with oxygenated fuels. Except where grams of acetaldehyde, and 1.00 gram of (ii) The average ratio (for all tests) of
specified otherwise in the standard- formaldehyde. the emission rate from the in-use system
setting part, compliance with this (2) The carbon-equivalent of the divided by the emission rate from the
subpart is not required for fuels that masses of oxygenated compounds are: dynamometer procedure must be 0.97 to
contain less than 25 percent oxygenated (i) 13.8756 × 100.00/(46.068/2) = 1.05.
compounds by volume. For example, 60.24 grams of ethanol. (2) For a system to be considered
you generally would not need to follow (ii) 13.8756 × 10.00/(44.052/2) = 6.30 sufficiently precise, the average
the requirements of this subpart for tests grams of acetaldehyde. coefficient of variance for all engines
performed using a fuel that was 10 (iii) 13.8756 × 1.00/(30.026) = 0.46 must be 5 percent or less for each
percent ethanol and 90 percent gasoline, grams of formaldehyde. pollutant.
but you would need to follow these (3) THCE = 40.00 + 60.24 + 6.30 + Note: Increasing the length of the sampling
requirements for tests performed using a 0.46 = 107.00 grams per test. period may be an effective way to improve
fuel that was 85 percent ethanol and 15 precision.
percent gasoline. Subpart J—Field Testing (b) Measurement systems that
(b) This subpart specifies sampling conform to the provisions of
§ 1065.901 Applicability.
procedures and calculations that are §§ 1065.915 through 1065.950 are
different than those used for non- (a) The test procedures in this subpart
considered to be in compliance with the
oxygenated fuels. The other test measure brake-specific emissions from
accuracy and precision requirements of
procedures of this part apply for testing engines while they remain installed in
paragraph (a) of this section.
with oxygenated fuels. vehicles or equipment in the field.
(b) These test procedures apply to § 1065.915 Equipment specifications for SI
§ 1065.805 Sampling system. your engines as specified in the engines.
(a) Use the sampling procedures standard-setting part. For example, part This section describes equipment you
specified in 40 CFR part 86 for methanol 1048 of this chapter specifies emission may use to measure in-use emissions.
and formaldehyde to measure alcohols standard to be used for in-use tests You may use other equipment and
and aldehydes in the exhaust. This conducted in accordance with the measurement systems that conform to
requires the following: provisions of this part. Unless this the requirements of §§ 1065.905 and
(1) Bubbling a sample of the exhaust subpart is specifically mentioned in the 1065.910.
through water to collect the alcohols. standard-setting part, compliance with (a) The primary components of the in-
(2) Passing a sample of the exhaust the provisions of this subpart is not use measurement system are a mass air
through cartridges impregnated with required. flow sensor, a portable FID, a zirconia-
based NOX sensor, a zirconia-based air/ each instrument must have been fully (1) If you do not know the
fuel ratio sensor, and a portable NDIR calibrated according to the instrument instantaneous density of the exhaust,
analyzer. manufacturer’s specifications. Nonlinear use the minimum density of the exhaust
(1) The mass air flow sensor must calibrations generated previously from that occurs over the course of the test,
meet the requirements of § 1065.930. the full calibration may be used after corrected to standard conditions.
(2) The portable FID must meet the zeroing and spanning the instruments. (2) For gasoline-fueled engines
requirements of § 1065.935. Spanning can be performed using a designed to be operated at
(3) The NOX and air/fuel sensors must single gas bottle, consistent with good stoichiometric fuel/air ratios, you may
meet the requirements of § 1065.940 engineering practice, and provided that assume that the density of the exhaust
(4) The NDIR analyzer must meet the stability of the span mixture has been is 1202 g/m3 at standard conditions of
requirements of § 1065.945. demonstrated. 20 °C and 101.3 kPa.
(b) You must measure the following (c) Connect the data recorder (with (3) For LPG-fueled engines designed
parameters continuously at a rate of 3 any necessary signal interpreters or to be operated at stoichiometric fuel/air
Hz or higher and store the data converters) to the engine’s electronic ratios, you may assume that the density
electronically: control module. of the exhaust is 1175 g/m3 at standard
(1) THC, NOX, CO concentrations. (d) Disconnect the air intake system, conditions of 20 °C and 101.3 kPa.
(2) Mass air-fuel ratio. as necessary, to attach the mass air flow
(4) For CNG-fueled engines designed
(3) Intake air flow rate. sensor. Reconnect the system after
to be operated at stoichiometric fuel/air
(4) Engine speed. attaching the mass air flow sensor.
(e) Attach the sample extension to the ratios, you may assume that the density
(5) Parameters used to calculate
exhaust outlet. of the exhaust is 1149 g/m3 at standard
torque.
(c) You must minimize sample line (f) Turn on instruments and allow conditions of 20 °C and 101.3 kPa.
length for any analyzers that require a them to warm up as necessary. (d) Calculate instantaneous emission
physical sample be drawn from the (g) Begin sampling. You do not need rates (g/hr) using the following general
exhaust to the analyzer (i.e., THC and to begin recording the data at this point. equation:
CO analyzers). You must draw these (h) Begin operating the vehicle or Emission rate = (exhaust volumetric
samples at a constant flow rate. In no equipment in a normal manner. flow rate)(ppm)(density factor)/106
case may you use any combination of Note: We may require you to operate the Where:
sample line length and sample flow rate vehicle or equipment in a specific manner. Density factors are 576.8 g/m3 for
that would require more than 10 (i) Begin recording engine speed, THC, 1913 g/m3 for NOX, 1164 g/m3 for
seconds for the analyzer to reach 90 engine torque (or surrogate), intake air CO.
percent of its final response after a step flow, emissions data (THC, NOX, CO, (e) Integrate instantaneous emission
change to the input concentration at the air/fuel ratio), and time. This time rates for the entire specified sample
opening of the sample probe. For marks the beginning of the sampling period.
residence time delays between 1 and 10 period. (f) Determine instantaneous brake
seconds, you must correct the (j) Continue recording data and
torque and speed.
measurements to be consistent with the operating the vehicle or equipment in a
data for engine speed, torque, and air normal manner until the end of the (g) Calculate instantaneous brake
intake. You may also correct other sampling period. The length of the power.
measurements with less than delays less sampling period is based on good (h) Integrate instantaneous brake
than 1 second. engineering practice, the precision power for the entire specified sample
(d) You may insert the sample probes requirements of § 1065.910, and period.
and sensors into the exhaust pipe, or applicable limits in the standard-setting (i) Divide the integrated emission
mount them in an exhaust extension part. rates by the integrated brake power.
that is connected to the exhaust pipe (k) You may measure background These are your final brake-specific
with negligible leaking. Place the concentrations and correct measured emission rates.
sample probes and sensors close enough emission values accordingly. However, § 1065.930 Specifications for mass air flow
to the center line of the exhaust pipe to if any background corrections are sensors.
minimize boundary layer effects from equivalent to 5 percent or more of the
(a) Measure the intake air flow using
the wall. maximum emissions allowed by the
the engine’s mass air flow sensor. If the
applicable standard, the test shall be
§ 1065.920 Equipment setup and test run engine is not equipped with a mass air
voided and repeated in an environment
for SI engines. flow sensor, you need to install one.
with lower background concentrations.
This section describes how to set up (b) The sensor design must have an
the equipment specified in § 1065.915, § 1065.925 Calculations. accuracy and precision of ±5 percent
and how to use it to measure in-use (a) [Reserved] under steady-state laboratory
emissions from SI engines. (b) Convert emission analyzer data to conditions.
(a) Inspect the vehicle or equipment instantaneous concentrations in ppm (c) The sensor must reach at least 90
to determine whether it meets any (ppmC for the FID). percent of its final response within 0.3
applicable requirements of the standard- (c) Calculate instantaneous exhaust seconds after any step change to the
setting part. This may include volumetric flow rates in standard m3/hr flow rate greater than or equal 80
requirements related to model year, (volume and density values used in percent of full scale.
accumulated hours of operation, fuel these calculations are corrected to (d) Calibrate the sensor according to
specifications, maintenance history, standard conditions of 20 °C and 101.3 good engineering practice. Verify for
engine temperatures, etc. kPa.). Calculate exhaust volumetric flow each engine before testing that the
(b) Perform calibrations as specified rate from the following equation: sensor accurately reads the idle intake
in this subpart. In the field, this Exhaust volumetric flow rate = (intake air flow rate based on measured
generally will require only zeroing and air mass flow rate)(1+mass fuel/air manifold temperature (TM) and pressure
spanning the instruments. However, ratio)/(density of exhaust) PM). Use the following equation:
Intake air flow = (b) Measure speed from the engine’s Constant-speed engine means an
(displacement)(rpm)(volumetric electronic control module. Speed engine governed to operate only at its
efficiency)(PM/101.3 kPa)(293.15 K/TM) estimates must be within ±5 rpm of the rated speed.
true value. Designated Officer means the
§ 1065.935 Specifications for THC
analyzers.
Manager, Engine Programs Group
Subpart K—Definitions and Other (6405–J), U.S. Environmental Protection
(a) Use a flame ionization detector Reference Information Agency, 1200 Pennsylvania Ave.,
(FID).
(b) The analyzer must have an § 1065.1001 Definitions. Washington, DC 20460.
accuracy and precision of ±2 percent of Emission-control system means any
The following definitions apply to device, system, or element of design that
point or better under steady-state this part. The definitions apply to all
laboratory conditions. controls or reduces the regulated
subparts unless we note otherwise. All emissions from an engine.
(c) The analyzer must reach at least 90 undefined terms have the meaning the
percent of its final response within 1.0 Emission-data engine means an
Act gives to them. The definitions
second after any step change to the engine that is tested for certification.
follow:
input concentration greater than or Emission-related maintenance means
Accuracy means the maximum maintenance that substantially affects
equal 80 percent of full scale. difference between a measured or
(d) Zero and span the analyzer daily emissions or is likely to substantially
calculated value and the true value, affect emissions deterioration.
during testing. Calibrate it according to
where the true value is determined by
the analyzer manufacturer’s Engine means an engine to which this
NIST.
specifications. part applies.
Act means the Clean Air Act, as
Engine-based means having emission
§ 1065.940 Specifications for NOX and air/ amended, 42 U.S.C. 7401 et seq.
standards related to measurements
fuel sensors. Adjustable parameter means any using an engine dynamometer, in units
(a) Use stabilized zirconia-based device, system, or element of design that of grams of pollutant per kilowatt-hour.
sensors. someone can adjust (including those
(b) The sensors must have an accuracy Engine family means a group of
which are difficult to access) and that, engines with similar emission
and precision of ±2 percent of point or if adjusted, may affect emissions or
better under steady-state laboratory characteristics, as specified in the
engine performance during emission standard-setting part.
conditions. testing or normal in-use operation.
(c) The sensors must reach at least 90 Equipment-based or vehicle-based
Aftertreatment means relating to any means relating to programs that require
percent of its final response within 1.0 system, component, or technology
second after any step change to the that a piece of equipment of vehicle be
mounted downstream of the exhaust certified, rather than only the engine.
input concentration greater than or valve or exhaust port whose design
equal 80 percent of full scale. Fuel system means all components
function is to reduce exhaust emissions.
(d) The sensors must be zeroed and involved in transporting, metering, and
Auxiliary emission-control device mixing the fuel from the fuel tank to the
spanned daily during testing, and must
means any element of design that senses combustion chamber(s), including the
be calibrated according to the sensor
temperature, engine speed, motive fuel tank, fuel tank cap, fuel pump, fuel
manufacturer’s specifications.
speed, transmission gear, atmospheric filters, fuel lines, carburetor or fuel-
§ 1065.945 Specifications for CO pressure, manifold pressure or vacuum, injection components, and all fuel-
analyzers. or any other parameter to activate, system vents.
(a) Use a non-dispersive infrared modulate, delay, or deactivate the Fuel type means a general category of
(NDIR) detector that is compensated for operation of any part of the emission- fuels such as gasoline or LPG. There can
CO2 and water interference. control system. This also includes any be multiple grades within a single type
(b) The analyzer must have an other feature that causes in-use of fuel, such as summer-grade gasoline
accuracy and precision of ±2 percent of emissions to be higher than those and winter-grade gasoline.
point or better under steady-state measured under test conditions, except
Good engineering judgment has the
laboratory conditions. as we allow under this part.
(c) The analyzer must reach at least 90 meaning we give it in § 1068.5 of this
Brake power has the meaning given in chapter.
percent of its final response within 5.0 the standard-setting part. If it is not
second after any step change to the Identification number means a unique
defined in the standard-setting part,
input concentration greater than or specification (for example, model
brake power means the usable power
equal 80 percent of full scale. number/serial number combination)
output of the engine not including
(d) The analyzer must be zeroed and that allows someone to distinguish a
power required to operate fuel pumps,
spanned daily during testing, and must particular engine from other similar
oil pumps, or coolant pumps.
be calibrated according to the analyzer engines.
Calibration means the set of Idle speed means the lowest engine
manufacturer’s specifications. specifications and tolerances specific to speed with zero load.
§ 1065.950 Specifications for speed and a particular design, version, or
torque measurement. application of a component or assembly Note: Warm idle speed is the idle speed of
capable of functionally describing its a warmed-up engine.
(a) Determine torque from a
previously determined relationship of operation over its working range. Manufacturer has the meaning given
torque and engine speed, throttle Certification means obtaining a in section 216(1) of the Act. In general,
position, and/or manifold absolute certificate of conformity for an engine this term includes any person who
pressure. Torque estimates must be family that complies with the emission manufactures an engine for sale in the
between 85 percent and 105 percent of standards and requirements in this part. United States or otherwise introduces a
the true value. You can demonstrate Compression-ignition means relating new engine into commerce in the
compliance with this accuracy to a type of reciprocating, internal- United States. This includes importers
requirement using steady-state combustion engine that is not a spark- that import engines for resale.
laboratory data. ignition engine. Maximum test torque means:
(1) For throttled engines, the torque Spark-ignition means relating to a § 1065.1005 Symbols, acronyms, and
output observed at wide-open throttle at gasoline-fueled engine or other engines abbreviations.
a given speed. with a spark plug (or other sparking The following symbols, acronyms,
(2) For non-throttled engines, the device) and with operating and abbreviations apply to this part:
torque output observed with the characteristics significantly similar to ° degrees.
maximum fueling rate possible at a the theoretical Otto combustion cycle. ″ inches.
given speed. Spark-ignition engines usually use a ASTM American Society for Testing and
Nonmethane hydrocarbons means the throttle to regulate intake air flow to Materials.
sum of all hydrocarbon species control power during normal operation. C Celsius.
cc cubic centimeters.
measured by a FID except methane, Standard-setting part means the part CFR Code of Federal Regulations.
expressed with an assumed mass 13.876 in the Code of Federal Regulations that CFV critical-flow venturi.
grams per mole of carbon atoms. defines emission standards for a CI compression-ignition.
Nonroad means relating to nonroad particular engine (see § 1065.1(a)). CLD chemiluminescent detector.
engines. Stoichiometry means the proportion CO carbon monoxide.
Nonroad engine has the meaning of a mixture of air and fuel such that the CO2 carbon dioxide.
given in § 89.2 of this chapter. In general fuel is fully oxidized with no remaining CVS constant-volume sampler.
this means all internal combustion DF deterioration factor.
oxygen. For example, stoichiometric F Fahrenheit.
engines except motor vehicle engines, combustion in gasoline engines EFC electronic flow control.
stationary engines, or engines used typically occurs at an air-fuel mass ratio EPA Environmental Protection Agency.
solely for competition. of about 14.7. ft feet.
Oxides of nitrogen means compounds Suspending a certificate of conformity FID flame ionization detector.
containing only nitrogen and oxygen. means temporarily discontinuing the g/kW-hr grams per kilowatt-hour.
Oxides of nitrogen are expressed certificate for an engine family. If we g/liter grams per liter.
quantitatively as if the NO is in the form g/m3 grams per cubic meter.
suspend a certificate, you may not sell Hz hertz.
of NO2 (assume a molecular weight for engines from that engine family unless IBP initial boiling point.
all oxides of nitrogen equivalent to that we reinstate the certificate or approve a ISO International Organization for
of NO2). This correction is included in new one. Standardization.
the equations specified for calculating Test engine means an engine in a test kPa kilopascal.
NOX emissions. sample. lbs. pounds.
Oxygenated fuel means a fuel that is LPG liquefied petroleum gas.
Test sample means the collection of m meters.
comprised of oxygen-containing
engines selected from the population of ml milliliters.
compound, such as ethanol or
an engine family for emission testing. mm Hg millimeters of mercury.
methanol. Generally, testing engines
that use oxygenated fuels requires the Total Hydrocarbon (THC) means the NDIR nondispersive infrared.
sum of all hydrocarbon species NIST National Institute for Standards and
use of the sampling methods in subpart Testing.
I of this part. However, you should read measured by an FID, expressed with an
assumed mass 13.876 grams per mole of NMHC nonmethane hydrocarbons.
the standard-setting part and subpart I NMHCE nonmethane hydrocarbon
of this part to determine which carbon atoms. equivalent.
sampling methods to use. Total Hydrocarbon Equivalent means NO nitric oxide.
Precision means two times the the sum of the carbon mass NO2 nitrogen dioxide.
coefficient of variance of multiple contributions of non-oxygenated NOX oxides of nitrogen (NO and NO2).
hydrocarbons, alcohols and aldehydes, O2 oxygen.
measurements, except where specified PDP positive-displacement pump.
otherwise. or other organic compounds that are
measured separately as contained in a ppm parts per million.
Revoking a certificate of conformity ppmC parts per million carbon.
means discontinuing the certificate for gas sample, expressed as petroleum- RMS root-mean square.
an engine family. If we revoke a fueled engine hydrocarbons. The rpm revolutions per minute.
certificate, you must apply for a new hydrogen-to-carbon ratio of the sec seconds.
certificate before continuing to equivalent hydrocarbon is 1.85:1. SI spark-ignition.
introduce into commerce the affected United States means the States, the THC total hydrocarbon.
District of Columbia, the THCE total hydrocarbon equivalent.
engines. This does not apply to engines U.S.C. United States Code.
you no longer possess. Commonwealth of Puerto Rico, the
Scheduled maintenance means Commonwealth of the Northern Mariana § 1065.1010 Reference materials.
maintenance (i.e., adjusting, repairing, Islands, Guam, American Samoa, the We have incorporated by reference
removing, disassembling, cleaning, or U.S. Virgin Islands, and the Trust the documents listed in this section.
replacing components or systems) that Territory of the Pacific Islands. The Director of the Federal Register
is periodically needed to keep a part Wide-open throttle means maximum approved the incorporation by reference
from failing or malfunctioning. It also throttle opening for throttled engines. as prescribed in 5 U.S.C. 552(a) and 1
may mean actions you expect are Unless this is specified at a given speed, CFR part 51. Anyone may inspect copies
necessary to correct an overt indication it refers to maximum throttle opening at at the U.S. EPA, Air and Radiation
of failure or malfunction for which maximum speed. For electronically Docket and Information Center, 1301
periodic maintenance is not controlled or other engines with Constitution Ave., NW., Room B102,
appropriate. multiple possible fueling rates, wide- EPA West Building, Washington, DC
Span means to adjust an instrument open throttle also means the maximum 20460 or the Office of the Federal
so that it gives a proper response to a fueling rate at maximum throttle Register, 800 N. Capitol St., NW., 7th
calibration standard that represents opening under test conditions. Floor, Suite 700, Washington, DC.
between 75 and 100 percent of the Zero means to adjust an instrument so (a) ASTM material. Table 1 of
maximum value in the instrument range that it gives a proper response to a blank § 1065.1010 lists material from the
(e.g. a span gas). calibration standard (e.g. zero-grade air). American Society for Testing and
Materials that we have incorporated by part where we reference it. Anyone may Conshohocken, PA 19428. Table 1
reference. The first column lists the purchase copies of these materials from follows:
number and name of the material. The the American Society for Testing and
second column lists the sections of this Materials, 100 Barr Harbor Dr., West
TABLE 1 OF § 1065.1010.—ASTM MATERIALS

Part 1065
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 Ad-
sorption ............................................................................................................................................................................................. 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 column lists the number and name of International Organization for
§ 1065.1010 lists material from the the material. The second column lists Standardization, Case Postale 56, CH–
International Organization for the section of this part where we 1211 Geneva 20, Switzerland. Table 2
Standardization that we have reference it. Anyone may purchase follows:
incorporated by reference. The first copies of these materials from the
TABLE 2 OF § 1065.1010.—ISO MATERIALS

Part 1065
ISO 8178–1, Reciprocating internal combustion engines—Exhaust emission measurement—Part 1: Test- 1065.130, 1065.135, 1065.140,
bed measurement of gaseous and particulate exhaust emissions, 1996. 1065.155.
§ 1065.1015 Confidential information. (c) If you send us information without 1068.5 How must manufacturers apply
claiming it is confidential, we may make good engineering judgment?
(a) Clearly show what you consider 1068.10 How do I request EPA to keep my
it available to the public without further
confidential by marking, circling, information confidential
notice to you, as described in § 2.204 of
bracketing, stamping, or some other 1068.15 Who is authorized to represent the
this chapter.
method. We will store your confidential Agency?
information as described in 40 CFR part PART 1068—GENERAL COMPLIANCE 1068.20 May EPA enter my facilities for
2. Also, we will disclose it only as PROVISIONS FOR NONROAD inspections?
specified in 40 CFR part 2. PROGRAMS 1068.25 What information must I give to
(b) If you send us a second copy EPA?
without the confidential information, Subpart A—Applicability and 1068.30 What definitions apply to this part?
we will assume it contains nothing Miscellaneous Provisions 1068.35 What symbols, acronyms, and
abbreviations does this part use?
confidential whenever we need to Sec.
release information from it. 1068.1 Does this part apply to me?
Subpart B—Prohibited Actions and Related 1068.435 May I sell engines from an engine (8) Small nonroad spark-ignition
Requirements family with a suspended certificate of engines (see 40 CFR part 90).
1068.101 What general actions does this conformity?
(c) For equipment subject to this part
regulation prohibit? 1068.440 How do I ask EPA to reinstate my
suspended certificate? and regulated under equipment-based
1068.105 What other provisions apply to standards, interpret the term ‘‘engine’’
me specifically if I manufacture 1068.445 When may EPA revoke my
equipment needing certified engines? certificate under this subpart and how in this part to include equipment (see
1068.110 What other provisions apply to may I sell these engines again? § 1068.30).
engines in service? 1068.450 What records must I send to EPA? (d) Paragraph (a)(1) of this section
1068.115 When must manufacturers honor 1068.455 What records must I keep? identifies the parts of the CFR that
emission-related warranty claims? Appendix A to Subpart E of Part 1068-Plans
for Selective Enforcement Auditing
define emission standards and other
1068.120 What requirements must I follow requirements for particular types of
to rebuild engines? Subpart F—Reporting Defects and engines and vehicles. This part 1068
1068.125 What happens if I violate the Recalling Engines
regulations?
refers to each these other parts
1068.501 How do I report engine defects? generically as the ‘‘standard-setting
Subpart C—Exemptions and Exclusions 1068.505 How does the recall program part.’’ For example, 40 CFR part 1051 is
1068.201 Does EPA exempt or exclude any work? always the standard-setting part for
engines from the prohibited acts? 1068.510 How do I prepare and apply my
remedial plan?
snowmobiles. Follow the provisions of
1068.210 What are the provisions for the standard-setting part if they are
exempting test engines? 1068.515 How do I mark or label repaired
engines? different than any of the provisions in
exempting manufacturer-owned engines? 1068.520 How do I notify affected owners? this part.
1068.220 What are the provisions for 1068.525 What records must I send to EPA?
1068.530 What records must I keep? § 1068.5 How must manufacturers apply
exempting display engines? good engineering judgment?
1068.225 What are the provisions for 1068.535 How can I do a voluntary recall
exempting engines for national security? for emission-related problems? (a) You must use good engineering
1068.230 What are the provisions for 1068.540 What terms do I need to know for judgment for decisions related to any
exempting engines for export? this subpart?
requirements under this chapter. This
1068.235 What are the provisions for Subpart G—Hearings includes your applications for
exempting engines used solely for certification, any testing you do to show
competition? 1068.601 What are the procedures for
1068.240 What are the provisions for hearings? that your production-line or in-use
exempting new replacement engines? Appendix I to Part 1068—Emission-Related engines comply with requirements that
1068.245 What temporary provisions Components apply to them, and how you select,
address hardship due to unusual Appendix II to Part 1068—Emission-Related categorize, determine, and apply these
circumstances? Parameters and Specifications
requirements.
1068.250 What are the provisions for Authority: 42 U.S.C. 7401–7671(q). (b) If we send you a written request,
extending compliance deadlines for you must give us a written description
small-volume manufacturers under Subpart A—Applicability and
hardship? of the engineering judgment in question.
Miscellaneous Provisions
1068.255 What are the provisions for Respond within 15 working days of
exempting engines for hardship for § 1068.1 Does this part apply to me? receiving our request unless we allow
equipment manufacturers and secondary (a) The provisions of this part apply more time.
engine manufacturers? to everyone with respect to the (c) We may reject your decision if it
Subpart D—Imports following engines or to equipment using is not based on good engineering
the following engines (including judgment or is otherwise inconsistent
1068.301 Does this subpart apply to me?
1068.305 How do I get an exemption or owners, operators, parts manufacturers, with the requirements that apply, based
exclusion for imported engines? and persons performing maintenance): on the following provisions:
1068.310 What are the exclusions for (1) Large nonroad spark-ignition (1) We may suspend, revoke, or void
imported engines? engines we regulate under 40 CFR part a certificate of conformity if we
1068.315 What are the permanent 1048. determine you deliberately used
exemptions for imported engines? (2) Recreational SI engines and incorrect information or overlooked
1068.320 How must I label an imported vehicles that we regulate under 40 CFR important information, that you did not
engine with a permanent exemption? part 1051 (such as snowmobiles and off-
1068.325 What are the temporary
decide in good faith, or that your
highway motorcycles). decision was not rational.
exemptions for imported engines?
1068.330 How do I import engines to
(b) This part does not apply to any of (2) If we believe a different decision
modify for other applications? the following engine or vehicle would better reflect good engineering
1068.335 What are the penalties for categories: judgment, but none of the provisions of
violations? (1) Light-duty motor vehicles (see 40 paragraph (c)(1) of this section apply,
CFR part 86). we will tell you of our concern (and its
Subpart E—Selective Enforcement Auditing (2) Heavy-duty motor vehicles and
11068.401 What is a selective enforcement basis). You will have 30 days to respond
motor vehicle engines (see 40 CFR part
audit? to our concerns, or more time if we
86).
1068.405 What is in a test order? (3) Aircraft engines (see 40 CFR part agree that you need it to generate more
1068.410 How must I select and prepare my 87). information. After considering your
engines? (4) Locomotive engines (see 40 CFR information, we will give you a final
1068.415 How do I test my engines? ruling. If we conclude that you did not
1068.420 How do I know when my engine
part 92).
(5) Land-based nonroad diesel engines use good engineering judgment, we may
family fails an SEA? reject your decision and apply the new
1068.425 What happens if one of my (see 40 CFR part 89).
production-line engines exceeds the (6) Marine diesel engines (see 40 CFR ruling to similar situations as soon as
emission standards? parts 89 and 94) possible.
1068.430 What happens if an engine family (7) Marine outboard and personal (d) We will tell you in writing of the
fails an SEA? watercraft engines (see 40 CFR part 91). conclusions we reach under paragraph
(c) of this section and explain our relevant facilities), or records, as (b) You must establish and maintain
reasons for them. authorized by the Act, to enforce the records, perform tests, make reports and
(e) If you disagree with our provisions of this chapter. Inspectors provide additional information that we
conclusions, you may file a request for will have authorizing credentials and may reasonably require under section
a hearing with the Designated Officer as will limit inspections to reasonable 208 of the Act. This also applies to
described in subpart F of this part. In times—usually, normal operating hours. engines we exempt from emission
your request, specify your objections, (b) If we come to inspect, we may or standards.
include data or supporting analysis, and may not have a warrant or court order.
get your authorized representative’s (1) If we do not have a warrant or § 1068.30 What definitions apply to this
court order, you may deny us entry. part?
signature. If we agree that your request
raises a substantial factual issue, we will (2) If we have a warrant or court The following definitions apply to
hold the hearing according to subpart F order, you must allow us to enter the this part. The definitions apply to all
of this part. facility and carry out the activities it subparts unless we note otherwise. All
describes. undefined terms have the meaning the
§ 1068.10 How do I request EPA to keep (c) We may seek a warrant or court Act gives to them. The definitions
my information confidential order authorizing an inspection follow:
(a) Clearly identify any information described in this section, whether or not Act means the Clean Air Act, as
you consider confidential by marking, we first tried to get your permission to amended, 42 U.S.C. 7401 et seq.
circling, bracketing, stamping, or some inspect. Aircraft means any vehicle capable of
other method. We will store your (d) We may select any facility to do sustained air travel above treetop
confidential information as described in any of the following: heights.
40 CFR part 2. Also, we will disclose it (1) Inspect and monitor any aspect of Certificate holder means a
only as specified in 40 CFR part 2. This engine manufacturing, assembly, manufacturer (including importers) with
procedure applies equally to the storage, or other procedures, and any a valid certificate of conformity for at
Environmental Appeals Board. facilities where you do them. least one engine family in a given
(b) If you send us a second copy (2) Inspect and monitor any aspect of calendar year.
without the confidential information, engine test procedures or test-related Designated Officer means the Manager
we will assume it contains nothing activities, including test engine of the Engine Programs Group (6405–J),
confidential whenever we need to selection, preparation, service U.S. Environmental Protection Agency,
release information from it. accumulation, emission duty cycles, 1200 Pennsylvania Ave., Washington,
(c) If you send us information without and maintenance and verification of DC 20460.
claiming it is confidential, we may make your test equipment’s calibration. Emission-related defect means a
it available to the public without further (3) Inspect and copy records or defect in design, materials or
notice to you, as described in § 2.204 of documents related to assembling, workmanship (in an emission control
this chapter. storing, selecting, and testing an engine. device or vehicle component or system)
(4) Inspect and photograph any part or that affects an emission-related
§ 1068.15 Who is authorized to represent aspect of engines and components you component, parameter, or specification
the Agency? that is identified in Appendix I or
use for assembly.
(a) The Administrator of the (e) You must give us reasonable help Appendix II of this part.
Environmental Protection Agency or without charge during an inspection Engine means an engine to which this
any official to whom the Administrator authorized by the Act. For example, you part applies. For equipment subject to
has delegated specific authority may may need to help us arrange an this part and regulated under
represent the Agency. For more inspection with the facility’s managers, equipment-based standards, the term
information, ask for a copy of the including clerical support, copying, and engine in this part shall be interpreted
relevant sections of the EPA Delegation translation. You may also need to show to include equipment.
Manual from the Designated Officer. us how the facility operates and answer Engine-based means having emission
(b) The regulations in this part and in other questions. If we ask in writing to standards related to measurements
the standard-setting part have specific see a particular employee at the using an engine dynamometer, in units
requirements describing how to get EPA inspection, you must ensure that he or of grams of pollutant per kilowatt-hour.
approval before you take specific she is present (legal counsel may Engine manufacturer means the
actions. These regulations also allow us accompany the employee). manufacturer that is subject to the
to waive some specific requirements. (f) If you have facilities in other certification requirements of the
For provisions or flexibilities that we countries, we expect you to locate them standard-setting part. For vehicles/
address frequently, we may choose to in places where local law does not keep equipment subject to this part and
provide detailed guidance in us from inspecting as described in this regulated under vehicle/equipment-
supplemental compliance instructions section. We will not try to inspect if we based standards, the term engine
for manufacturers. Such instructions learn that local law prohibits it, but we manufacturer in this part includes
will generally state how they relate to may suspend your certificate if we are vehicles/equipment manufacturers.
the need for pre-approval. Unless we not allowed to inspect. Equipment-based means having
explicitly state so, you should not emission standards related to
consider full compliance with the § 1068.25 What information must I give to measurements from an engine installed
EPA? in a vehicle using a chassis
instructions to be equivalent to EPA
approval. If you are subject to the requirements dynamometer, in units of grams of
of this part, we may require you to give pollutant per kilometer.
§ 1068.20 May EPA enter my facilities for us information to evaluate your Equipment manufacturer means any
inspections? compliance with any regulations that company producing a piece of
(a) We may inspect your engines, apply, as authorized by the Act. This equipment (such as a vehicle) for sale or
testing, manufacturing processes, engine includes the following things: use in the United States.
storage facilities (including port (a) You must provide the information Manufacturer has the meaning given
facilities for imported engines or other we require in this chapter. in section 216(1) of the Act. In general,
this term includes any person who Operating hours means: Subpart B—Prohibited Actions and
manufactures an engine or vehicle for (1) For engine storage areas or Related Requirements
sale in the United States or otherwise facilities, times during which people
introduces a new engine or vehicle into § 1068.101 What general actions does this
other than custodians and security regulation prohibit?
commerce in the United States. This personnel are at work near, and can
includes importers that import new access, a storage area or facility. This section specifies actions that are
engines or new equipment into the prohibited and the maximum civil
United States for resale. It also includes (2) For other areas or facilities, times penalties that we can assess for each
secondary engine manufacturers. during which an assembly line operates violation. The maximum penalty values
New has the meaning we give it in the or any of the following activities occurs: listed in paragraphs (a) and (b) of this
standard-setting part. (i) Testing, maintenance, or service section are shown for calendar year
Nonroad engine means: accumulation. 2002. As described in paragraph (e) of
(1) Except as discussed in paragraph this section, maximum penalty limits
(ii) Production or compilation of
(2) of this definition, a nonroad engine for later years are set forth in 40 CFR
records.
is any internal combustion engine: part 19.
(i) In or on a piece of equipment that (iii) Certification testing. (a) The following prohibitions and
is self-propelled or serves a dual (iv) Translation of designs from the requirements apply to manufacturers of
purpose by both propelling itself and test stage to the production stage. new engines and manufacturers of
performing another function (such as equipment containing these engines,
(v) Engine manufacture or assembly.
garden tractors, off-highway mobile except as described in subparts C and D
cranes and bulldozers); or Piece of equipment means any
of this part:
(ii) In or on a piece of equipment that vehicle, vessel, locomotive, aircraft, or
other type of equipment using engines (1) You may not sell, offer for sale, or
is intended to be propelled while introduce or deliver into commerce in
performing its function (such as to which this part applies.
the United States or import into the
lawnmowers and string trimmers); or Placed into service means used for its United States any new engine or
(iii) That, by itself or in or on a piece intended purpose. equipment after emission standards take
of equipment, is portable or
Reasonable technical basis means effect for that engine or equipment,
transportable, meaning designed to be
information that would lead a person unless it has a valid certificate of
and capable of being carried or moved
familiar with engine design and conformity for its model year and the
from one location to another. Indicia of
function to reasonably believe a required label or tag. You also may not
transportability include, but are not
conclusion, related to compliance with take any of the actions listed in the
limited to, wheels, skids, carrying
the requirements of this part. For previous sentence with respect to any
handles, dolly, trailer, or platform.
(2) An internal combustion engine is example, it would be reasonable to equipment containing an engine subject
not a nonroad engine if: believe that parts performing the same to this part’s provisions, unless the
(i) The engine is used to propel a function as the original parts (and to the engine has a valid certificate of
motor vehicle or a vehicle used solely same degree) would control emissions conformity for its model year and the
for competition, or is subject to to the same degree as the original parts. required engine label or tag. This
standards promulgated under section Standard-setting part means the part requirement also covers new engines
202 of the Act; or in the Code of Federal Regulations that you produce to replace an older engine
(ii) The engine is regulated by a defines emission standards for a in a piece of equipment, unless the
federal New Source Performance particular engine (see § 1068.1(a)). For engine qualifies for the replacement-
Standard promulgated under section example, the standard-setting part for engine exemption in § 1068.240. We
111 of the Act; or non-recreational spark-ignition engines may assess a civil penalty up to $31,500
(iii) The engine otherwise included in over 19 kW is part 1048 of this chapter. for each engine in violation.
paragraph (1)(iii) of this definition (2) This chapter requires you to record
Ultimate purchaser means the first certain types of information to show
remains or will remain at a location for
person who in good faith buys a new that you meet our standards. You must
more than 12 consecutive months or a
engine for purposes other than resale. comply with these requirements to
shorter period of time for an engine
located at a seasonal source. A location United States means the States, the make and maintain required records
is any single site at a building, structure, District of Columbia, the (including those described in
facility, or installation. Any engine (or Commonwealth of Puerto Rico, the § 1068.501). You may not deny us
engines) that replaces an engine at a Commonwealth of the Northern Mariana access to or copying of your records if
location and that is intended to perform Islands, Guam, American Samoa, the we have the authority to see or copy
the same or similar function as the U.S. Virgin Islands, and the Trust them. Also, you must give us the
engine replaced will be included in Territory of the Pacific Islands. required reports or information without
calculating the consecutive time period. We (us, our) means the Administrator delay. Failure to comply with the
An engine located at a seasonal source of the Environmental Protection Agency requirements of this paragraph is
is an engine that remains at a seasonal and any authorized representatives. prohibited. We may assess a civil
source during the full annual operating penalty up to $31,500 for each day in
period of the seasonal source. A § 1068.35 What symbols, acronyms, and violation.
seasonal source is a stationary source abbreviations does this part use? (3) You may not keep us from entering
that remains in a single location on a The following symbols, acronyms, your facility to test engines or inspect if
permanent basis (i.e., at least two years) and abbreviations apply to this part: we are authorized to do so. Also, you
and that operates at that single location $ U.S. dollars.
must perform the tests we require (or
approximately three months (or more) CFR Code of Federal Regulations. have the tests done for you). Failure to
each year. This paragraph (2)(iii) does EPA Environmental Protection Agency. perform this testing is prohibited. We
not apply to an engine after the engine U.S. United States. may assess a civil penalty up to $31,500
is removed from the location. U.S.C. United States Code. for each day in violation.
(b) The following prohibitions apply an engine part if one of its main effects penalty up to $31,500 for each day in
to everyone with respect to the engines is to bypass, impair, defeat, or disable violation. Note the following:
to which this part applies: the engine’s control of emissions. We (i) The definition of new is broad for
(1) You may not remove or disable a may assess a civil penalty up to $3,150 imported engines; uncertified engines
device or element of design that may for each part in violation. and equipment (including used engines
affect an engine’s emission levels. This (3) For an engine that is excluded and equipment) are generally
restriction applies before and after the from any requirements of this chapter considered to be new when imported.
engine is placed in service. Section because it is a stationary engine, you (ii) Engines that were originally
1068.120 describes how this applies to may not move it or install it in any manufactured before applicable EPA
rebuilding engines. For a manufacturer mobile equipment, except as allowed by standards were in effect are generally
or dealer, we may assess a civil penalty the provisions of this chapter. You may not subject to emission standards.
up to $31,500 for each engine in not circumvent or attempt to circumvent (c) Exemptions from these
violation. For anyone else, we may the residence-time requirements of prohibitions are described in subparts C
assess a civil penalty up to $3,150 for paragraph (2)(iii) of the nonroad engine and D of this part.
each engine in violation. This does not definition in § 1068.30. We may assess (d) The standard-setting parts describe
apply in any of the following situations: a civil penalty up to $31,500 for each
(i) You need to repair an engine and more requirements and prohibitions that
day in violation. apply to manufacturers (including
you restore it to proper functioning
when the repair is complete. (4) For an uncertified engine or piece importers) and others under this
(ii) You need to modify an engine to of equipment that is excluded or chapter.
respond to a temporary emergency and exempted from any requirements of this (e) The maximum penalty values
you restore it to proper functioning as chapter because it is to be used solely listed in paragraphs (a) and (b) of this
soon as possible. for competition, you may not use it in section are shown for calendar year
(iii) You modify a new engine that a manner that is inconsistent with use 2002. Maximum penalty limits for later
another manufacturer has already solely for competition. We may assess a years may be adjusted based on the
certified to meet emission standards, civil penalty up to $31,500 for each day Consumer Price Index. The specific
intending to recertify it under your own in violation. regulatory provisions for changing the
engine family. In this case you must tell (5) You may not import an uncertified maximum penalties, published in 40
the original manufacturer not to include engine or piece of equipment if it is CFR part 19, reference the applicable
the modified engines in the original defined to be new in the standard- U.S. Code citation on which the
engine family. setting part, and it would have been prohibited action is based. The
(2) You may not knowingly subject to standards had it been built in following table is shown here for
manufacture, sell, offer to sell, or install, the United States. We may assess a civil informational purposes:
TABLE 1 OF § 1068.101.—LEGAL CITATION FOR SPECIFIC PROHIBITIONS FOR DETERMINING MAXIMUM PENALTY AMOUNTS
U.S. Code citation for
Part 1068 regulatory citation of prohibited action General description of prohibition 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 42 U.S.C. 7522(a)(3)

dealer.
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 ex- 42 U.S.C. 7522(a)(1)
empted for competition.
§ 1068.101(b)(5) ................................................................ Importation of an uncertified product .............................. 42 U.S.C. 7522(a)(1)
§ 1068.105 What other provisions apply to (b) Installing engines. You must installation instructions is a violation of
me specifically if I manufacture equipment follow the engine manufacturer’s § 1068.101(b)(1).
needing certified engines? emission-related installation (c) Attaching a duplicate label. If you
(a) Transitioning to new standards. instructions. For example, you may obscure the engine’s label, you must do
You may use up your normal inventory need to constrain where you place an three things to avoid violating
of engines not certified to new emission exhaust aftertreatment device or § 1068.101(a)(1):
standards if they were built before the integrate into your equipment models a
(1) Permanently attach to your
date of the new standards. However, device for sending visual or audible
equipment a duplicate label. Secure it to
stockpiling these engines violates signals to the operator. Not meeting the
a part needed for normal operation and
§ 1068.101(a)(1). manufacturer’s emission-related
not normally requiring replacement.
(2) Make sure your label is identical related parts, as described in § 1068.115. § 1068.120 What requirements must I
to the engine label. You may make the This generally includes any emission- follow to rebuild engines?
label yourself or get it from the engine related engine parts that were not in (a) This section describes the steps to
manufacturer. common use before we have adopted take when rebuilding engines to avoid
(3) Make sure an average person can emission standards. In general, we violating the tampering prohibition in
easily read it. consider replacement or repair of any § 1068.101(b)(1). These requirements
(d) Producing nonroad equipment other components to be the owner’s apply to anyone rebuilding an engine
certified to highway emission standards. responsibility. The warranty period subject to this part, but the
You may produce nonroad equipment begins when the engine is first placed recordkeeping requirements in
from complete or incomplete motor into service. See the standard-setting paragraphs (j) and (k) of this section
vehicles with the motor vehicle engine part for specific requirements. It is a apply only to businesses.
if you meet three criteria: violation of the Act for anyone to (b) The term ‘‘rebuilding’’ refers to a
(1) The engine or vehicle is certified disable emission controls. See rebuild of an engine or engine system,
to 40 CFR part 86. § 1068.101(b)(1) and the standard- including a major overhaul in which
(2) The engine is not adjusted outside setting part. you replace the engine’s pistons or
the manufacturer’s specifications. power assemblies or make other changes
(3) The engine or vehicle is not § 1068.115 When must manufacturers
honor emission-related warranty claims?
that significantly increase the service
modified in any way that may affect its life of the engine. It also includes
emission control. This applies to Section 207(a) of the Clean Air Act replacing or rebuilding an engine’s
evaporative emission controls, but not (42 U.S.C. 7541(a)) requires certifying turbocharger or aftercooler or the
refueling emission controls. manufacturers to warrant to purchasers engine’s systems for fuel metering or
that their engines are designed, built, electronic control so that it significantly
§ 1068.110 What other provisions apply to and equipped to conform at the time of
engines in service? increases the service life of the engine.
sale to the applicable regulations for For these provisions, rebuilding may or
(a) Aftermarket parts and service. As their full useful life, including a
the engine manufacturer, you may not may not involve removing the engine
warranty that the engines are free from from the equipment. Rebuilding does
require anyone to use your parts or defects in materials and workmanship
service to maintain or repair an engine, not normally include the following:
that would cause an engine to fail to (1) Scheduled emission-related
unless we approve this in your conform to the applicable regulations
application for certification. It is a maintenance that the standard-setting
during the specified warranty period. part allows during the useful life period
violation of the Act for anyone to This section codifies the warranty
manufacture an engine or vehicle part if (such as replacing fuel injectors).
requirements of section 207(a) without
one of its main effects is to reduce the (2) Unscheduled maintenance that
intending to limit these requirements.
effectiveness of the emission controls. occurs commonly within the useful life
(a) As a certifying manufacturer, you
See § 1068.101(b)(2). period. For example, replacing a water
may deny warranty claims for failures
(b) Certifying aftermarket parts. As pump is not rebuilding.
that have been caused by the owner’s or
the manufacturer or rebuilder of an operator’s improper maintenance or use. (c) For maintenance or service that is
aftermarket engine part, you may—but For example, you would not need to not rebuilding, you may not make
are not required to—certify according to honor warranty claims for failures that changes that might increase emissions,
§ 85.2114 of this chapter that using the have been directly caused by the but you do not need to keep any
part will not cause engines to fail to operator’s abuse of an engine or the records.
meet emission standards. Whether you operator’s use of the engine in a manner (d) If you rebuild an engine or engine
certify or not, however, you must keep for which it was not designed, and are system, you must have a reasonable
any information showing how your not attributable to you in any way. technical basis for knowing that the
parts or service affect emissions. (b) As a certifying manufacturer, you rebuilt engine has the same emissions
(c) Compliance with standards. We may not deny emission-related warranty performance as the engine in its
may test engines or equipment to claims based on any of the following: certified configuration. Identify the
investigate compliance with emission (1) Maintenance or other service you model year of the resulting engine
standards. We may also require the or your authorized facilities performed. configuration. You have a reasonable
manufacturer to do this testing. (2) Engine repair work that an basis if you meet two main conditions:
(d) Defeat devices. We may test operator performed to correct an unsafe, (1) Install parts—new, used, or
engines or equipment to investigate emergency condition attributable to you, rebuilt—so a person familiar with
potential defeat devices. We may also as long as the operator tries to restore engine design and function would
require the manufacturer to do this the engine to its proper configuration as reasonably believe that the engine with
testing. If we choose to investigate one soon as possible. those parts will control emissions to the
of your designs, we may require you to (3) Any action or inaction by the same degree as with the original parts.
show us that it does not have a defeat operator unrelated to the warranty For example, it would be reasonable to
device. To do this, you may have to claim. believe that parts performing the same
share with us information regarding test (4) Maintenance that was performed function as the original parts (and to the
programs, engineering evaluations, more frequently than you specify. same degree) would control emissions
design specifications, calibrations, on- (5) Anything that is your fault or to the same degree as the original parts.
board computer algorithms, and design responsibility. (2) Adjust parameters or change
strategies. It is a violation of the Act for (6) The use of any fuel that is design elements only according to the
anyone to make, install or use defeat commonly available where the engine original engine manufacturer’s
devices. See § 1068.101(b)(2) and the operates, unless your written instructions. Or, if you differ from these
standard-setting part. maintenance instructions state that this instructions, you must have data or
(e) Warranty and maintenance. fuel would harm the engine’s emission some other technical basis to show you
Owners may make warranty claims control system and operators can readily should not expect in-use emissions to
against the manufacturer for emission- find the proper fuel. increase.
(e) If the rebuilt engine remains (2) You do not need to keep records courts listed in paragraph (a) of this
installed or is reinstalled in the same of what other companies do. section. Send the Administrator a copy
piece of equipment, you must rebuild it (3) You may keep records based on of the filing by certified mail.
to the original configuration or another engine families rather than individual (3) We will not pursue an
certified configuration of the same or engines if that is the way you normally
administrative action for a violation if
later model year. do business.
either of the following two conditions is
(f) If the rebuilt engine replaces
§ 1068.125 What happens if I violate the true:
another engine in a piece of equipment, regulations?
you must rebuild it to a certified (i) We are separately prosecuting the
configuration that equals the emissions (a) Civil penalties and injunctions. We violation under this part.
performance of the engine you are may bring a civil action to assess and
recover civil penalties and/or enjoin and (ii) We have issued a final order for
replacing. a violation, no longer subject to judicial
(g) Do not erase or reset emission- restrain violations in the United States
District Court for the district where you review, for which you have already paid
related codes or signals from onboard a penalty.
monitoring systems without diagnosing allegedly violated a requirement, or the
and responding appropriately to any district where you live or have your (c) Judicial review. If you ask a court
diagnostic codes. This requirement main place of business. Actions to to review a civil or administrative
applies regardless of the manufacturer’s assess civil penalties or restrain penalty, we will file in the appropriate
reason for installing the monitoring violations of § 1068.101 must be brought court within 30 days of your request a
system and regardless of its form or by and in the name of the United States. certified copy or certified index of the
interface. Clear any codes from The selected court has jurisdiction to record on which the court or the
diagnostic systems when you return the restrain violations and assess civil Administrator issued the order.
rebuilt engine to service. Do not disable penalties.
(1) To determine the amount of a civil (1) The judge may set aside or remand
a diagnostic signal without addressing any order issued under this section only
penalty and reach a just conclusion, the
its cause. if one of the following is true:
court considers these main factors:
(h) When you rebuild an engine,
(i) The seriousness of your violation. (i) Substantial evidence does not exist
check, clean, adjust, repair, or replace (ii) How much you benefitted or saved
all emission-related components (listed in the record, taken as a whole, to
because of the violation. support finding a violation.
in Appendix I of this part) as needed (iii) The size of your business.
according to the original manufacturer’s (ii) The Administrator’s assessment of
(iv) Your history of compliance with
recommended practice. In particular, Title II of the Act. the penalty is an abuse of discretion.
replace oxygen sensors, replace the (v) What you did to remedy the (2) The judge may not add civil
catalyst if there is evidence of violation. penalties unless our penalty is an abuse
malfunction, clean gaseous fuel system (vi) How the penalty will affect your of discretion that favors you.
components, and replace fuel injectors ability to continue in business.
(if applicable), unless you have a (d) Effect of enforcement actions on
(vii) Such other matters as justice may other requirements. Our pursuit of civil
reasonable technical basis for believing require.
they do not need replacement. or administrative penalties does not
(2) Subpoenas for witnesses who must
(i) If you are installing an engine that affect or limit our authority to enforce
attend a district court in any district
someone else has rebuilt, check all any provisions of this chapter.
may apply to any other district.
emission-related components listed in (b) Administrative penalties. Instead (e) Penalties. In any proceedings, the
Appendix I of this part as needed of bringing a civil action, we may assess United States government may seek to
according to the original manufacturer’s administrative penalties if the total is collect civil penalties assessed under
recommended practice. less than $250,000 against you this section.
(j) Keep at least the following records: individually. This maximum penalty (1) Once a penalty assessment is final,
(1) Identify the hours of operation (or may be greater if the Administrator and if you do not pay it, the Administrator
mileage, as appropriate) at time of the Attorney General jointly determine will ask the Attorney General to bring a
rebuild. that is appropriate for administrative civil action in an appropriate district
(2) Identify the work done on the penalty assessment, or if the limit is court to recover the money. We may
engine or any emission-related control adjusted under 40 CFR part 19. No court
components, including a listing of parts collect interest from the date of the final
may review such a determination.
and components you used. order or final judgment at rates
Before we assess an administrative
(3) Describe any engine parameter established by the Internal Revenue
penalty, you may ask for a hearing
adjustments. Code of 1986 (26 U.S.C. 6621(a)(2)). In
(subject to 40 CFR part 22). The
(4) Identify any emission-related this action to collect overdue penalties,
Administrator may compromise or
codes or signals you responded to and remit, with or without conditions, any the court will not review the validity,
reset. administrative penalty that may be amount, and appropriateness of the
(k) You must show us or send us your imposed under this section. penalty. (2) In addition, if you do not
records if we ask for them. Keep records (1) To determine the amount of an pay the full amount of a penalty on
for at least two years after rebuilding an administrative penalty, we will consider time, you must then pay more to cover
engine. Keep them in any format that the factors described in paragraph (a)(1) interest, enforcement expenses
allows us to readily review them. of this section. (including attorney’s fees and costs for
(1) You do not need to keep (2) An administrative order we issue collection), and a quarterly nonpayment
information that is not reasonably under this paragraph (b) becomes final penalty for each quarter you do not pay.
available through normal business 30 days after we issue it, unless you ask The nonpayment penalty is 10 percent
practices. We do not expect you to have for judicial review by that time (see of your total penalties plus any unpaid
information that you cannot reasonably paragraph (c) of this section). You may nonpayment penalties from previous
access. ask for review by any of the district quarters.
Subpart C—Exemptions and certification showing that you meet all signed letter or memorandum from you.
Exclusions the applicable requirements from the It will also include any necessary terms
standard-setting part. Also, in some and conditions, which normally require
§ 1068.201 Does EPA exempt or exclude cases, it may be sufficient to modify the you to do the following:
any engines from the prohibited acts? engine as needed to make it identical to (1) Stay within the scope of the
We may exempt new engines from the engines already covered by a certificate. exemption.
prohibited acts in subpart B of this part Make sure these engines have emission (2) Create and maintain adequate
under requirements described in this control information labels that records that we may inspect.
subpart. We may exempt an engine accurately describe their status. (3) Add a permanent, legible label,
already placed in service in the United written in block letters in English, to a
States from the prohibition in § 1068.210 What are the provisions for readily visible part of each exempted
§ 1068.101(b)(1) if the exemption for exempting test engines? engine. This label must include at least
engines used solely for competition (a) We may exempt engines that are the following items:
applies (see § 1068.235). In addition, see not exempted under other sections of (i) The label heading ‘‘EMISSION
§ 1068.1 and the standard-setting parts this part that you will use for research, CONTROL INFORMATION’’.
to determine if other engines are investigations, studies, demonstrations, (ii) Your corporate name and
excluded from some or all of the or training. trademark.
regulations in this chapter. (b) Anyone may ask for a testing (iii) Engine displacement, engine
(a) This subpart identifies which exemption. family identification (as applicable), and
engines qualify for exemptions and (c) If you are a certificate holder, you model year of the engine; or whom to
what information we need. We may ask may request an exemption for engines contact for further information.
for more information. you intend to include in test programs (iv) The statement ‘‘THIS ENGINE IS
(b) If you violate any of the terms, over a two-year period. EXEMPT UNDER 40 CFR 1068.210
conditions, instructions, or (1) In your request, tell us the FROM EMISSION STANDARDS AND
requirements to qualify for an maximum number of engines involved RELATED REQUIREMENTS.’’.
exemption, we may void the exemption. and describe how you will make sure (4) Tell us when the test program is
(c) If you use an exemption under this exempted engines are used only for this finished.
subpart, we may require you to add a testing. (5) Tell us the final disposition of the
permanent label to your exempted (2) Give us the information described engines.
engines. You may ask us to approve in paragraph (d) of this section if we ask (6) Send us a written confirmation
wording on the emission label different for it. that you meet the terms and conditions
than we specify in this subpart if it is (d) If you are not a certificate holder of this exemption.
more appropriate for your engine. do all of the following: § 1068.215 What are the provisions for
(d) If you produce engines we exempt (1) Show that the proposed test exempting manufacturer-owned engines?
under this subpart, we may require you program has a valid purpose under (a) You are eligible for the exemption
to make and keep records, perform tests, paragraph (a) of this section. for manufacturer-owned engines only if
make reports and provide information (2) Show you need an exemption to you are a certificate holder.
as needed to reasonably evaluate the achieve the purpose of the test program (b) An engine may be exempt without
validity of the exemption. (time constraints may be a basis for a request if it is a nonconforming engine
(e) If you own or operate engines we needing an exemption, but the cost of under your ownership and control and
exempt under this subpart, we may certification alone is not). you operate it to develop products,
require you to provide information as (3) Estimate the duration of the assess production methods, or promote
needed to reasonably evaluate the proposed test program and the number your engines in the marketplace. You
validity of the exemption. of engines involved. may not lease, sell, or use the engine to
(f) Subpart D of this part describes (4) Allow us to monitor the testing. generate revenue, either by itself or in
how we apply these exemptions to (5) Describe how you will ensure that a piece of equipment.
engines you import (or intend to you stay within this exemption’s (c) To use this exemption, you must
import). purposes. Address at least the following do three things:
(g) If you want to ask for an things: (1) Establish, maintain, and keep
exemption or need more information, (i) The technical nature of the test. adequately organized and indexed
write to the Designated Officer. (ii) The test site. information on each exempted engine,
(h) You may ask us to modify the (iii) The duration and accumulated including the engine identification
administrative requirements for the engine operation associated with the number, the use of the engine on
exemptions described in this subpart. test. exempt status, and the final disposition
We may approve your request if we (iv) Ownership of the engines of any engine removed from exempt
determine that such approval is involved in the test. status.
consistent with the intent of this part. (v) The intended final disposition of (2) Let us access these records, as
For example, waivable administrative the engines. described in § 1068.20.
requirements might include some (vi) How you will identify, record, (3) Add a permanent, legible label,
reporting requirements, but would not and make available the engine written in block letters in English, to a
include any eligibility requirements or identification numbers. readily visible part of each exempted
use restrictions. (vii) The means or procedure for engine. This label must include at least
(i) If you want to take an action with recording test results. the following items:
respect to an exempted or excluded (e) If we approve your request for a (i) The label heading ‘‘EMISSION
engine that is prohibited by the testing exemption, we will send you a CONTROL INFORMATION’’.
exemption or exclusion, such as selling letter or a memorandum for your (ii) Your corporate name and
it, you need to certify the engine. We signature describing the basis and scope trademark.
will issue a certificate of conformity if of the exemption. The exemption does (iii) Engine displacement, engine
you send us an application for not take effect until we receive the family identification, and model year of
the engine or whom to contact for § 1068.230 What are the provisions for the appropriate physical or performance
further information. exempting engines for export? characteristics for the piece of
(iv) The statement ‘‘THIS ENGINE IS (a) If you export a new engine to a equipment.
EXEMPT UNDER 40 CFR 1068.215 country with emission standards (4) You or your agent takes possession
FROM EMISSION STANDARDS AND identical to ours, we will not exempt it. of the old engine.
RELATED REQUIREMENTS.’’. These engines must comply with our (5) You make the replacement engine
certification requirements. in a configuration identical in all
§ 1068.220 What are the provisions for (b) If you export an engine to a
exempting display engines? material respects to the engine being
country with different emission replaced (or that of another certified
(a) Anyone may request an exemption standards or no emission standards, it is engine of the same or later model year).
for display engines. exempt from the prohibited acts in this This requirement applies only if the old
(b) A nonconforming display engine part without a request. If you produce engine was certified to emission
will be exempted if it is used only for an exempt engine for export and it is standards less stringent than those in
displays in the interest of a business or sold or offered for sale to someone in effect when you produce the
the general public. This exemption does the United States (except for export), we replacement engine.
not apply to engines displayed for will void the exemption. (c) If the old engine was not certified
private use or any other purpose we (c) Label each exempted engine and to any emission standards under this
determine is inappropriate for a display shipping container with a label or tag chapter, clearly label the replacement
exemption. showing the engine is not certified for engine with the following language:
(c) You may operate the exempted sale or use in the United States. The
engine, but only if we approve specific label must include at least the statement THIS ENGINE DOES NOT COMPLY WITH
operation that is part of the display. FEDERAL NONROAD OR HIGHWAY
‘‘THIS ENGINE IS SOLELY FOR
EMISSION REQUIREMENTS. SELLING OR
(d) You may sell or lease the EXPORT AND IS THEREFORE IS INSTALLING THIS ENGINE FOR ANY
exempted engine only with our advance EXEMPT UNDER 40 CFR 1068.230 PURPOSE OTHER THAN AS A
approval; you may not use it to generate FROM U.S. EMISSION STANDARDS REPLACEMENT ENGINE IN A VEHICLE OR
revenue. AND RELATED REQUIREMENTS.’’. PIECE OF EQUIPMENT BUILT BEFORE
(e) To use this exemption, you must JANUARY 1, [Insert appropriate year
§ 1068.235 What are the provisions for reflecting when standards began to apply to
add a permanent, legible label, written exempting engines used solely for
in block letters in English, to a readily engines of that size and type] IS A
competition? VIOLATION OF FEDERAL LAW SUBJECT
visible part of each exempted engine.
(a) New engines you produce that are TO CIVIL PENALTY.
This label must include at least the
used solely for competition are
following items: (d) If the old engine was certified to
generally excluded from emission
(1) The label heading ‘‘EMISSION emission standards less stringent than
standards. See the standard-setting parts
CONTROL INFORMATION’’. those in effect when you produce the
for specific provisions where applicable.
(2) Your corporate name and replacement engine, clearly label the
(b) If you modify an engine after it has
trademark. replacement engine with the following
been placed into service in the United
(3) Engine displacement, engine language:
States so it will be used solely for
family identification, and model year of competition, it is exempt without THIS ENGINE DOES NOT COMPLY WITH
the engine or whom to contact for request. This exemption applies only to CURRENT FEDERAL NONROAD OR
further information. the prohibition in § 1068.101(b)(1) and HIGHWAY EMISSION REQUIREMENTS.
(4) The statement ‘‘THIS ENGINE IS SELLING OR INSTALLING THIS ENGINE
is valid only as long as the engine is FOR ANY PURPOSE OTHER THAN AS A
EXEMPT UNDER 40 CFR 1068.220 used solely for competition. REPLACEMENT ENGINE IN A VEHICLE OR
FROM EMISSION STANDARDS AND (c) If you modify an engine under this PIECE OF EQUIPMENT BUILT BEFORE
RELATED REQUIREMENTS.’’. exemption, you must destroy the JANUARY 1, [Insert appropriate year
(f) We may set other conditions for original emission label. If you sell or reflecting when the earlier tier of emission
approval of this exemption. give one of these engines to someone standards began to apply to the old engine]
else, you must tell the new owner in IS A VIOLATION OF FEDERAL LAW
§ 1068.225 What are the provisions for SUBJECT TO CIVIL PENALTY.
exempting engines for national security? writing that it may be used only for
competition. § 1068.245 What temporary provisions
(a) You are eligible for the exemption
for national security only if you are a § 1068.240 What are the provisions for address hardship due to unusual
circumstances?
manufacturer. exempting new replacement engines?
(b) Your engine is exempt without a (a) You are eligible for the exemption (a) After considering the
request if you produce it for a piece of for new replacement engines only if you circumstances, we may permit you to
equipment owned or used by an agency are a certificate holder. introduce into commerce engines or
of the federal government responsible (b) The prohibitions in equipment that do not comply with
for national defense, where the § 1068.101(a)(1) do not apply to an emission standards if all the following
equipment has armor, permanently engine if all the following conditions conditions apply:
attached weaponry, or other substantial apply: (1) Unusual circumstances that are
features typical of military combat. (1) You produce a new engine to clearly outside your control and that
(c) You may request a national replace an engine already placed in could not have been avoided with
security exemption for engines not service in a piece of equipment. reasonable discretion prevent you from
meeting the conditions of paragraph (b) (2) The engine being replaced was meeting requirements from this chapter.
of this section, as long as your request manufactured before the emission (2) You exercised prudent planning
is endorsed by an agency of the federal standards that would otherwise apply to and were not able to avoid the violation;
government responsible for national the new engine took effect. you have taken all reasonable steps to
defense. In your request, explain why (3) No engine certified to current minimize the extent of the
you need the exemption. emission requirements is available with nonconformity.
(3) Not having the exemption will (i) In the case of importers of engines may require that you meet a less
jeopardize the solvency of your produced by other companies, show stringent emission standard or buy and
company. that you attempted to find a use available emission credits.
(4) No other allowances are available manufacturer capable of supplying (j) We will approve extensions of up
under the regulations in this chapter to complying products as soon as you to one year. We may review and revise
avoid the impending violation. became aware of the applicable an extension as reasonable under the
(b) To apply for an exemption, you requirements, but were unable to do so. circumstances.
must send the Designated Officer a (ii) For all other manufacturers, show (k) Add a permanent, legible label,
written request as soon as possible that the burden of compliance costs written in block letters in English, to a
before you are in violation. In your prevents you from meeting the readily visible part of each engine
request, show that you meet all the requirements of this chapter. exempted under this section. This label
conditions and requirements in (2) Not having the exemption will must include at least the following
paragraph (a) of this section. jeopardize the solvency of your items:
(c) Include in your request a plan company. (1) The label heading ‘‘EMISSION
showing how you will meet all the (3) No other allowances are available CONTROL INFORMATION’’.
applicable requirements as quickly as under the regulations in this chapter to (2) Your corporate name and
possible. avoid the impending violation. trademark.
(d) You must give us other relevant (d) In describing the steps you have (3) Engine displacement (in liters),
information if we ask for it. taken to comply under paragraph (c)(1) rated power, and model year of the
(e) We may include reasonable of this section, include at least the engine or whom to contact for further
additional conditions on an approval following information: information.
granted under this section, including (1) Describe your business plan, (4) The statement ‘‘THIS ENGINE IS
provisions to recover or otherwise showing the range of projects active or EXEMPT UNDER 40 CFR 1068.250
address the lost environmental benefit under consideration. FROM EMISSION STANDARDS AND
or paying fees to offset any economic (2) Describe your current and RELATED REQUIREMENTS.’’.
gain resulting from the exemption. For projected financial standing, with and
example, in the case of multiple tiers of without the burden of complying fully § 1068.255 What are the provisions for
emission standards, we may require that with the applicable regulations in this exempting engines for hardship for
you meet the less stringent standards. equipment manufacturers and secondary
chapter.
(f) Add a permanent, legible label, engine manufacturers?
(3) Describe your efforts to raise
written in block letters in English, to a capital to comply with regulations in This section describes how, in
readily visible part of each engine this chapter (this may not apply for unusual circumstances, we may exempt
exempted under this section. This label importers). certain engines to prevent a hardship to
must include at least the following (4) Identify the engineering and an equipment manufacturer or a
items: technical steps you have taken or plan secondary engine manufacturer. This
(1) The label heading ‘‘EMISSION to take to comply with regulations in section does not apply to products that
CONTROL INFORMATION’’. this chapter. are subject to vehicle-based emission
(2) Your corporate name and (5) Identify the level of compliance standards.
trademark. you can achieve. For example, you may (a) Equipment exemption. As an
(3) Engine displacement (in liters), be able to produce engines that meet a equipment manufacturer, you may ask
rated power, and model year of the somewhat less stringent emission for approval to produce exempted
engine or whom to contact for further standard than the regulations in this equipment for up to 12 months. We will
information. chapter require. generally limit this to the first year that
(4) The statement ‘‘THIS ENGINE IS new or revised emission standards
(e) Include in your request a plan
EXEMPT UNDER 40 CFR 1068.245 apply. Send the Designated Officer a
showing how you will meet all the
FROM EMISSION STANDARDS AND written request for an exemption before
applicable requirements as quickly as
RELATED REQUIREMENTS.’’. you are in violation. In your request,
possible.
§ 1068.250 What are the provisions for (f) You must give us other relevant you must show you are not at fault for
extending compliance deadlines for small- information if we ask for it. the impending violation and that you
volume manufacturers under hardship? (g) An authorized representative of would face serious economic hardship if
(a) After considering the your company must sign the request and we do not grant the exemption. This
circumstances, we may extend the include the statement: ‘‘All the exemption is not available under this
compliance deadline for you to meet information in this request is true and paragraph (a) if you manufacture the
new or revised emission standards, as accurate, to the best of my knowledge.’’. engine you need for your own
long as you meet all the conditions and (h) Send your request for this equipment or if complying engines are
requirements in this section. extension at least nine months before available from other engine
(b) To be eligible for this exemption, the relevant deadline. If different manufacturers that could be used in
you must qualify under the standard- deadlines apply to companies that are your equipment, unless we allow it
setting part for special provisions for not small-volume manufacturers, do not elsewhere in this chapter. We may
small businesses or small-volume send your request before the regulations impose other conditions, including
manufacturers. in question apply to the other provisions to recover the lost
(c) To apply for an extension, you manufacturers. Otherwise, do not send environmental benefit. In determining
must send the Designated Officer a your request more than three years whether to grant the exemptions, we
written request. In your request, show before the relevant deadline. will consider all relevant factors,
that all the following conditions and (i) We may include reasonable including the following:
requirements apply: requirements on an approval granted (1) The number of engines to be
(1) You have taken all possible under this section, including provisions exempted.
business, technical, and economic steps to recover or otherwise address the lost (2) The size of your company and
to comply. environmental benefit. For example, we your ability to endure the hardship.
(3) The amount of time you had to the purpose of this definition, (2) Give the engine owner’s name,
redesign your equipment to ‘‘substantially modify’’ means changing address, telephone number, and
accommodate a complying engine. an engine in a way that could change its taxpayer identification number.
(4) Whether there was any breach of emission characteristics. (3) Identify the make, model,
contract by an engine supplier. (2) The provisions in paragraph (a) of identification number, and original
(5) The potential for market this section that apply to equipment production year of each engine.
disruption. manufacturers requesting an exemption
(b) Engine exemption. As an engine apply equally to you, except that you (4) Identify which exemption or
manufacturer, you may produce may manufacture the engines. Before we exclusion in this subpart allows you to
nonconforming engines for the can approve the exemption under this import a nonconforming engine and
equipment we exempt in paragraph (a) section, you must commit to a plan to describe how your engine qualifies.
of this section. You do not have to make up the lost environmental benefit. (5) Tell us where you will keep your
request this exemption for your engines, (i) If you produce uncertified engines engines if you might need to store them
but you must have written assurance under this exemption, we will calculate until we approve your request.
from equipment manufacturers that they the lost environmental benefit based on
need a certain number of exempted our best estimate of uncontrolled (6) Authorize us to inspect or test
engines under this section. Add a emission rates for your engines. your engines as the Act allows.
permanent, legible label, written in (ii) If you produce engines under this (c) We may ask for more information.
block letters in English, to a readily exemption that are certified to a (d) You may import the
visible part of each exempted engine. compliance level less stringent than the nonconforming engines you identify in
This label must include at least the emission standards that would your request if you get prior written
following items: otherwise apply, we will calculate the approval from us. The U.S. Customs
(1) The label heading ‘‘EMISSION lost environmental benefit based on the Service may require you to show them
CONTROL INFORMATION’’. compliance level you select for your the approval letter. We may temporarily
(2) Your corporate name and engines. or permanently approve the exemptions
trademark. (3) The labeling requirements in
or exclusions, as described in this
(3) Engine displacement (in liters), paragraph (b) of this section apply to
subpart.
rated power, and model year of the your exempted engines; however, if you
engine or whom to contact for further certify engines to specific compliance (e) Make sure the engine meets any
information. levels, state on the label the compliance labeling requirements that apply.
(4) The statement ‘‘THIS ENGINE IS levels that apply to each engine. § 1068.310 What are the exclusions for
EXEMPT UNDER 40 CFR 1068.255 imported engines?
FROM EMISSION STANDARDS AND Subpart D—Imports
RELATED REQUIREMENTS.’’. Emission standards do not apply to
§ 1068.301 Does this subpart apply to me?
(c) Secondary engine manufacturers. excluded engines that you import. If you
As a secondary engine manufacturer, (a) This subpart applies to you if you show us that your engines qualify under
you may ask for approval to produce import into the United States engines or one of the paragraphs of this section, we
exempted engines under this section for equipment subject to our emission will approve your request to import
up to one year. We may require you to standards or equipment containing excluded engines. You must have our
certify your engines to compliance engines subject to our emission approval to import an engine under
levels above the emission standards that standards. paragraph (a) of this section. You may,
apply. For example, if you need an (b) In general, engines that you import but are not required to request our
exemption from a second tier of must be covered by a certificate of approval for the other exclusions in this
standards, we may require you to meet conformity unless they were built before section. The following engines are
the standards that applied to earlier emission standards started to apply. excluded:
model years. This subpart describes the limited cases
where we allow importation of exempt (a) Engines used solely for
(1) For the purpose of this section, a competition. Engines you use solely for
secondary engine manufacturer is a or excluded engines.
(c) The U.S. Customs Service may competition are excluded. The standard-
manufacturer that produces an engine setting part may set special provisions
by modifying an engine that is made by prevent you from importing an engine if
you do not meet the requirements of this for the manufacture, sale, or import of
a different manufacturer for a different engines used solely for competition.
type of application. This includes, for subpart. In addition, U.S. Customs
Service regulations may contain other Section 1068.101(b)(4) prohibits using
example, automotive engines converted these excluded engines for other
for use in industrial applications, or requirements for engines imported into
the United States (see 19 CFR Chapter purposes.
land-based engines converted for use in
marine applications. This applies I). (b) Stationary engines. This includes
whether the secondary engine engines that will be used in a
§ 1068.305 How do I get an exemption or
manufacturer is modifying a complete exclusion for imported engines? permanently fixed location and engines
or partially complete engine and meeting the criteria for the exclusion in
(a) Complete the appropriate EPA
whether the engine was previously paragraph (2)(iii) of the nonroad engine
declaration form before importing any
certified to emission standards or not. definition in § 1068.30. Section
nonconforming engine. These forms are
To be a secondary engine manufacturer, 1068.101(b)(3) prohibits using these
available on the Internet at http://
you must not be controlled by the engines for other purposes.
www.epa.gov/OMS/imports/ or by
manufacturer of the base engine (or by phone at 202–564–9660. (c) Other engines. The standard-
an entity that also controls the (b) If we ask for it, prepare a written setting parts may exclude engines used
manufacturer of the base engine). In request in which you do the following: in certain applications. For example,
addition, equipment manufacturers that (1) Give your name, address, engines used in aircraft, underground
substantially modify engines become telephone number, and taxpayer mining, and hobby vehicles are
secondary engine manufacturers. For identification number. generally excluded.
§ 1068.315 What are the permanent consider your request further until you one of these engines while it is in the
exemptions for imported engines? address our concerns. United States. You must eventually
We may approve a permanent (g) Ancient engine exemption. If you export the engine as we describe in this
exemption for an imported engine under are not the original engine section unless you get a certificate of
the following conditions: manufacturer, you may import a conformity for it or it qualifies for one
(a) National security exemption. You nonconforming engine that is subject to of the permanent exemptions in
may import engine under the national a standard-setting part and was first § 1068.315. Section 1068.330 specifies
security exemption in § 1068.225. manufactured at least 21 years earlier, as an additional temporary exemption
(b) Manufacturer-owned engine long as it is still in its original allowing you to import certain engines
exemption. You may import a configuration. you intend to sell or lease.
manufacturer-owned engine, as
described in § 1068.215. § 1068.320 How must I label an imported (a) Exemption for repairs or
(c) Replacement engine exemption. engine with a permanent exemption? alterations. You may temporarily import
You may import a nonconforming (a) For engines imported under a nonconforming engine under bond
replacement engine as described in § 1068.315 (a), (b), (c), (d), or (e), you solely to repair or alter it. You may
§ 1068.240. To use this exemption, you must place a permanent label or tag on operate the engine in the United States
must be a certificate holder for an each engine. If no specific label only to repair or alter it or to ship it to
engine family we regulate under the requirements from subpart C of this part or from the service location. Export the
same part as the replacement engine. apply, you must meet the following engine directly after the engine
(d) Extraordinary circumstances requirements: servicing is complete.
exemption. You may import a (1) Attach the label or tag in one piece (b) Testing exemption. You may
nonconforming engine if we grant so no one can remove it without temporarily import a nonconforming
hardship relief as described in destroying or defacing it. engine under bond for testing if you
§ 1068.245. (2) Make sure it is durable and follow the requirements of § 1068.210.
(e) Hardship exemption. You may readable for the engine’s entire life. You may operate the engine in the
import a nonconforming engine if we (3) Secure it to a part of the engine United States only to allow testing. This
grant an exemption for the transition to needed for normal operation and not exemption expires one year after you
new or revised emission standards, as normally requiring replacement. import the engine, unless we approve a
described in § 1068.255. (4) Write it in block letters in English. one-time request for an extension of up
(f) Identical configuration exemption. (5) Make it readily visible to the to one more year. The engine must be
You may import a nonconforming average person after the engine is exported before the exemption expires.
engine if it is identical to certified installed in the equipment.
engines produced by the same (b) On the engine label or tag, do the (c) Display exemption. You may
manufacturer, subject to the following following: temporarily import a nonconforming
provisions: (1) Include the heading ‘‘Emission engine under bond for display, as
(1) You may import only the Control Information.’’ described in § 1068.220. This exemption
following engines under this exemption: (2) Include your full corporate name expires one year after you import the
(i) Large nonroad spark-ignition and trademark. engine, unless we approve your request
engines (see part 1048 of this chapter). (3) State the engine displacement (in for an extension. We may approve an
(ii) Recreational nonroad spark- liters) and rated power. If the engine’s extension of up to one more year for
ignition engines and equipment (see rated power is not established, state the each request, but no more than three
part 1051 of this chapter). approximate power rating accurately years in total. The engine must be
(2) You must meet all the following enough to allow a detemination of exported by the time the exemption
criteria: which stanadards would otherwise expires or directly after the display
(i) You have owned the engine for at apply. concludes, whichever comes first.
least one year. (4) State: ‘‘THIS ENGINE IS EXEMPT (d) Export exemption. You may
(ii) You agree not to sell, lease, FROM THE REQUIREMENTS OF temporarily import a nonconforming
donate, trade, or otherwise transfer [identify the part referenced in 40 CFR engine to export it, as described in
ownership of the engine for at least five 1068.1(a) that would otherwise apply], § 1068.230. You may operate the engine
years, or until the engine is eligible for AS PROVIDED IN [identify the in the United States only as needed to
the exemption in paragraph (g) of this paragraph authorizing the exemption prepare it for export. Label the engine as
section. During this period, the only (for example, ‘‘40 CFR 1068.315(a)’’)]. described in § 1068.230.
acceptable way to dispose of the engine INSTALLING THIS ENGINE IN ANY
is to destroy or export it. (e) Diplomatic or military exemption.
DIFFERENT APPLICATION IS A
(iii) You use data or evidence You may temporarily import
VIOLATION OF FEDERAL LAW
sufficient to show that the engine is in nonconforming engines without bond if
SUBJECT TO CIVIL PENALTY.’’.
a configuration that is the same as an (c) Get us to approve alternate label you represent a foreign government in a
engine the original manufacturer has language if it is more accurate for your diplomatic or military capacity. In your
certified to meet emission standards that engine. request to the Designated Officer (see
apply at the time the manufacturer § 1068.305), include either written
finished assembling or modifying the § 1068.325 What are the temporary confirmation from the U.S. State
engine in question. If you modify the exemptions for imported engines? Department that you qualify for this
engine to make it identical, you must If we approve a temporary exemption exemption or a copy of your orders for
follow the original manufacturer’s for an engine, you may import it under military duty in the United States. We
complete written instructions. the conditions in this section. We may will rely on the State Department or
(3) We will tell you in writing if we ask the U.S. Customs Service to require your military orders to determine when
find the information insufficient to a specific bond amount to make sure your diplomatic or military status
show that the engine is eligible for this you comply with the requirements of expires, at which time you must export
exemption. In this case, we will not this subpart. You may not sell or lease your exempt engines.
§ 1068.330 How do I import engines to § 1068.335 What are the penalties for (3) The procedure for selecting
modify for other applications? violations? engines for testing, including a selection
This section allows you to import (a) All imported engines. Unless you rate.
engines in configurations different than comply with the provisions of this (4) The test procedures, duty cycles,
their final configuration. This subpart, importation of nonconforming and test points, as appropriate, for
exemption is temporary, as described in engines is violation of sections 203 and testing the engines to show that they
paragraph (d) of this section. 213(d) of the Act. You may then have meet emission standards.
(a) This section applies in the to export the engines, or pay civil (b) We may state that we will select
following cases: penalties, or both. The U.S. Customs the test engines.
(1) You import a partially complete Service may seize unlawfully imported (c) We may identify alternate engine
engine with the intent to manufacture engines. families or configurations for testing in
complete engines for which you have (b) Temporarily imported engines. If case we determine the intended engines
either a certificate of conformity or an you do not comply with the provisions are not available for testing or if you do
exemption that allows you to sell of this subpart for a temporary not produce enough engines to meet the
completed engines. exemption, you may forfeit the total minimum rate for selecting test engines.
amount of the bond in addition to the (d) We may include other directions
(2) You import an uncertified
sanctions we identify in paragraph (a) of or information in the test order.
complete engine with the intent to (e) We may ask you to show us that
modify it for installation in an this section. We will consider an engine
you meet any additional requirements
application different than its otherwise to be exported if it has been destroyed
that apply to your engines (closed
intended application (for example, you or delivered to the U.S. Customs Service
crankcases, for example).
import a land-based engine to modify it for export or other disposition under (f) In anticipation of a potential audit,
for a marine application). In this case, applicable Customs laws and you may give us a list of your preferred
to qualify for an exemption under this regulations. EPA or the U.S. Customs engine families and the corresponding
section, you need either a certificate of Service may offer you a grace period to assembly plants, storage facilities, or (if
conformity or an exemption that allows allow you to export a temporarily you import the engines) port facilities
you to sell completed engines. exempted engine without penalty after from which we should select engines for
(3) You import a complete or partially the exemption expires. testing. The information would apply
complete engine to modify for an only for a single model year, so it would
application for which emission Subpart E—Selective Enforcement
be best to include this information in
standards do not apply. Auditing
your application for certification. If you
(b) You may request this exemption in § 1068.401 What is a selective give us this list before we issue a test
an application for certification. enforcement audit? order, we will consider your
Otherwise, send your request to the (a) We may conduct or require you to recommendations, but we may select
Designated Officer. Your request must conduct emission tests on your engines differently.
include: production engines in a selective (g) If you also do routine production-
(1) The name of the supplier of the enforcement audit. This requirement is line testing with the selected engine
partially complete engine, or the independent of any requirement for you family in the same time period, the test
original manufacturer of the complete to routinely test production-line order will tell you what changes you
engine. engines. might need to make in your production-
(2) A description of the certificate or (b) If we send you a signed test order, line testing schedule.
exemption that will apply to the engines you must follow its directions and the § 1068.410 How must I select and prepare
in the final configuration, or an provisions of this subpart. We will tell my engines?
explanation why a certificate or you where to test the engines. This may (a) Selecting engines. Select engines
exemption is not needed. be where you produce the engines or as described in the test order. If you are
(3) A brief description of how and any other emission testing facility. unable to select test engines this way,
where final assembly will be completed. (c) If we select one or more of your you may ask us to approve an alternate
(4) An unconditional statement that engine families for a selective plan, as long as you make the request
the engines will comply with all enforcement audit, we will send the test before you start selecting engines.
applicable regulations in their final order to the person who signed the (b) Assembling engines. Produce and
configuration. application for certification or we will assemble test engines using your normal
(c) If we approve a temporary deliver it in person. production and assembly process for
exemption for an engine, you may (d) Within one working day of that engine family.
import it under the conditions in this receiving the test order, notify the (1) Notify us directly if you make any
section. We may ask the U.S. Customs Designated Officer which test facility change in your production, assembly, or
Service to require a specific bond you have selected for emission testing. quality control processes that might
amount to make sure you comply with (e) You must do everything we require affect emissions between the time you
the requirements of this subpart. in the audit without delay. receive the test order and the time you
(d) These provisions are intended finish selecting test engines.
only to allow you to import engines in § 1068.405 What is in a test order? (2) If you do not fully assemble
the specific circumstances identified in (a) In the test order, we will specify engines at the specified location, we
this section, so any exemption under the following things: will describe in the test order how to
this section expires when you complete (1) The engine family and select components to finish assembling
the assembly of the engine in its final configuration (if any) we have identified the engines. Assemble these
configuration. If the engine in its final for testing. components onto the test engines using
configuration is subject to emission (2) The engine assembly plant, storage your documented assembly and quality
standards, then it must be covered by a facility, or (if you import the engines) control procedures.
certificate or a different exemption port facility from which you must select (c) Modifying engines. Once an engine
before you introduce it into commerce. engines. is selected for testing, you may adjust,
repair, prepare, or modify it or check its (i) Retesting after invalid tests. You acceptable quality level of 40 percent is
emissions only if one of the following is may retest an engine if you determine the basis for the pass or fail decision.
true: an emission test is invalid. Explain in (d) Consider test results in the same
(1) You document the need for doing your written report reasons for order as the engine testing sequence.
so in your procedures for assembling invalidating any test and the emission (e) If you reach a pass decision for one
and inspecting all your production results from all tests. If you retest an pollutant, but need to continue testing
engines and make the action routine for engine and, within ten days after for another pollutant, we will disregard
all the engines in the engine family. testing, ask to substitute results of the these later test results for the pollutant
(2) This subpart otherwise allows new tests for the original ones, we will with the pass decision.
your action. answer within ten days after we receive (f) Appendix A to this subpart lists
(3) We approve your action in your information. multiple sampling plans. Use the
advance. sampling plan for the projected sales
(d) Engine malfunction. If an engine § 1068.415 How do I test my engines? volume you reported in your
malfunction prevents further emission (a) Use the test procedures specified application for the audited engine
testing, ask us to approve your decision in the standard-setting part for showing family.
to either repair the engine or delete it that your engines meet emission (g) We may choose to stop testing after
from the test sequence. standards. The test order will give any number of tests.
(e) Setting adjustable parameters. further testing instructions. (h) If we test some of your engines in
Before any test, we may adjust or addition to your own testing, we may
(b) If no test cells are available at a
require you to adjust any adjustable decide not to include your test results
given facility, you may make alternate
parameter to any setting within its as official data for those engines if there
testing arrangements with our approval.
physically adjustable range. is substantial disagreement between
(c) Test at least two engines in each your testing and our testing. We will
(1) We may adjust idle speed outside
24-hour period (including void tests). reinstate your data as valid if you show
the physically adjustable range as
However, if your projected U.S. nonroad us that we made an error and your data
needed until the engine has stabilized
engine sales within the engine family are correct.
emission levels (see paragraph (e) of this
are less than 7,500 for the year, you may (i) If we rely on our test data instead
section). We may ask you for
test a minimum of one engine per 24- of yours, we will notify you in writing
information needed to establish an
hour period. If you request and justify of our decision and the reasons we
alternate minimum idle speed.
(2) We may make or specify it, we may approve a lower testing rate. believe your facility is not appropriate
adjustments within the physically (d) Accumulate service on test for doing the tests we require under this
adjustable range by considering their engines at a minimum rate of 6 hours subpart. You may request in writing that
effect on emission levels, as well as how per engine during each 24-hour period. we consider your test results from the
likely it is someone will make such an The first 24-hour period for service same facility for future testing if you
adjustment with in-use engines. accumulation begins when you finish show us that you have made changes to
(f) Stabilizing emission levels. Before preparing an engine for testing. The resolve the problem.
you test production-line engines, you minimum service accumulation rate
does not apply on weekends or § 1068.425 What happens if one of my
may operate the engine to stabilize the
holidays. You may ask us to approve a production-line engines exceeds the
emission levels. Using good engineering emission standards?
judgment, operate your engines in a way lower service accumulation rate. Plan
your service accumulation to allow (a) If one of your production-line
that represents the way production
testing at the rate specified in engines fails to meet one or more
engines will be used. You may operate
§ 1068.415. Select engine operation for emission standards (see § 1068.420), the
each engine for no more than the greater
accumulating operating hours on your certificate of conformity is automatically
of two periods:
test engines to represent normal in-use suspended for that engine. You must
(1) 50 hours.
(2) The number of hours you operated engine operation for the engine family. take the following actions before your
your emission-data engine for certifying (e) Test engines is the same order you certificate of conformity can cover that
the engine family (see 40 CFR part 1065, select them. engine:
(1) Correct the problem and retest the
subpart E).
(g) Damage during shipment. If § 1068.420 How do I know when my engine engine to show it complies with all
shipping an engine to a remote facility
family fails an SEA? emission standards.
(a) A failed engine is one whose final (2) Include in your written report a
for production-line testing makes
deteriorated test results exceed an description of the test results and the
necessary an adjustment or repair, you
applicable emission standard for any remedy for each engine (see § 1068.450).
must wait until after the initial emission (b) You may at any time ask for a
test to do this work. We may waive this regulated pollutant.
(b) Continue testing engines until you hearing to determine whether the tests
requirement if the test would be and sampling methods were proper (see
impossible or unsafe, or if it would reach a pass decision for all pollutants
or a fail decision for one pollutant. subpart G of this part).
permanently damage the engine. Report
to us, in your written report under (c) You reach a pass decision for the § 1068.430 What happens if an engine
§ 1068.450, all adjustments or repairs SEA requirements when the number of family fails an SEA?
you make on test engines before each failed engines is less than or equal to the (a) We may suspend your certificate of
test. pass decision number in Appendix A to conformity for an engine family if it fails
(h) Shipping engines. If you need to this subpart for the total number of the SEA under § 1068.420. The
ship engines to another facility for engines tested. You reach a fail decision suspension may apply to all facilities
testing, make sure the test engines arrive for the SEA requirements when the producing engines from an engine
at the test facility within 24 hours after number of failed engines is greater than family, even if you find noncompliant
being selected. You may ask that we or equal to the fail decision number in engines only at one facility.
allow more time if you are unable to do Appendix A to this subpart for the total (b) We will tell you in writing if we
this. number of engines you test. An suspend your certificate in whole or in
part. We will not suspend a certificate case we will decide whether this report is true and accurate, to the best
until at least 15 days after the engine production-line testing will be enough of my knowledge. I know of the penalties for
family fails the SEA. The suspension is for us to evaluate the change or whether violating the Clean Air Act and the
effective when you receive our notice. you need to do more testing. regulations. (Authorized Company
(c) Up to 15 days after we suspend the Representative)
(2) Unless we require more testing,
certificate for an engine family, you may you may show compliance by testing (d) Send reports of your testing to the
ask for a hearing to determine whether production-line engines as described in Designated Officer using an approved
the tests and sampling methods were this subpart. information format. If you want to use
proper (see subpart G of this part). If we (3) We will issue a new or updated a different format, send us a written
agree before a hearing that we used certificate of conformity when you have request with justification for a waiver.
erroneous information in deciding to met these requirements. (e) We will send copies of your
suspend the certificate, we will reinstate reports to anyone from the public who
the certificate. § 1068.450 What records must I send to
EPA? asks for them. We will release
§ 1068.435 May I sell engines from an information about your sales or
(a) Within 30 calendar days of the end
engine family with a suspended certificate production volumes, which is all we
of each audit, send us a report with the
of conformity? will consider confidential.
following information:
You may sell engines that you (1) Describe any facility used to test § 1068.455 What records must I keep?
produce after we suspend the engine production-line engines and state its
family’s certificate of conformity only if (a) We may review your records at any
location.
one of the following occurs: time, so it is important to keep required
(2) State the total U.S.-directed
(a) You test each engine you produce information readily available. Organize
production volume and number of tests
and show it complies with emission and maintain your records as described
for each engine family.
standards that apply. in this section.
(3) Describe your test engines,
(b) We conditionally reinstate the including the engine family’s (b) Keep paper records for testing
certificate for the engine family. We may identification and the engine’s model under this subpart for one full year after
do so if you agree to recall all the year, build date, model number, you complete all the testing required for
affected engines and remedy any identification number, and number of the selective enforcement audit. For
noncompliance at no expense to the hours of operation before testing for additional storage, you may use any
owner if later testing shows that engines each test engine. format or media.
in the engine family still do not comply. (4) Identify where you accumulated (c) Keep a copy of the written reports
hours of operation on the engines and described in § 1068.450.
§ 1068.440 How do I ask EPA to reinstate
my suspended certificate? describe the procedure and schedule (d) Keep the following additional
you used. records:
(a) Send us a written report asking us
to reinstate your suspended certificate. (5) Provide the test number; the date, (1) The names of supervisors involved
In your report, identify the reason for time and duration of testing; test in each test.
the SEA failure, propose a remedy, and procedure; initial test results before and (2) The name of anyone who
commit to a date for carrying it out. In after rounding; final test results; and authorizes adjusting, repairing,
your proposed remedy include any final deteriorated test results for all preparing, or modifying a test engine
quality control measures you propose to tests. Provide the emission figures for all and the names of all supervisors who
keep the problem from happening again. measured pollutants. Include oversee this work.
(b) Give us data from production-line information for both valid and invalid (3) If you shipped the engine for
testing showing that engines in the tests and the reason for any testing, the date you shipped it, the
remedied engine family comply with all invalidation. associated storage or port facility, and
the emission standards that apply. (6) Describe completely and justify the date the engine arrived at the testing
any nonroutine adjustment, facility.
§ 1068.445 When may EPA revoke my modification, repair, preparation, (4) Any records related to your audit
certificate under this subpart and how may maintenance, or test for the test engine that are not in the written report.
I sell these engines again? if you did not report it separately under (5) A brief description of any
(a) We may revoke your certificate for this subpart. Include the results of any significant events during testing not
an engine family in the following cases: emission measurements, regardless of
(1) You do not meet the reporting otherwise described in the written
the procedure or type of equipment. report or in this section.
requirements. (7) Report on each failed engine as
(2) Your engine family fails an SEA (e) If we ask, you must give us
described in § 1068.425. (b) We may ask
and your proposed remedy to address a projected or actual production for an
you to add information to your written
suspended certificate is inadequate to engine family. Include each assembly
report, so we can determine whether
solve the problem or requires you to plant if you produce engines at more
your new engines conform with the
change the engine’s design or emission- than one plant.
requirements of this subpart.
control system. (c) An authorized representative of (f) We may ask you to keep or send
(b) To sell engines from an engine your company must sign the following other information necessary to
family with a revoked certificate of statement: implement this subpart.
conformity, you must modify the engine Appendix A to Subpart E of Part 1068—
family and then show it complies with We submit this report under Sections 208
and 213 of the Clean Air Act. Ourtesting Plans for Selective Enforcement
the applicable requirements. conformed completely with the requirements Auditing
(1) If we determine your proposed of 40 CFR part 1068. We have not changed
design change may not control production processes or quality-control The following tables describe
emissions for the engine’s full useful procedures for the engine family in a way sampling plans for selective
life, we will tell you within five working that might affect the emission control from enforcement audits, as described in
days after receiving your report. In this production engines. All the information in § 1068.420:
TABLE A–1.—SAMPLING PLAN CODE LETTER

Minimum number of tests Maximum
Projected engine family sales Code letter 1 number of
To pass To fail tests
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 enforce-
ment 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

AA A B C D
Stage a
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
TABLE A–2.—SAMPLING PLANS FOR DIFFERENT ENGINE FAMILY SALES VOLUMES—Continued

AA A B C D
Stage a
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 related parameters and specifications investigating, reporting, and correcting
Recalling Engines listed in Appendix II of this part. emission-related defects. In your
(2) For the purposes of this section, request, explain and demonstrate why
§ 1068.501 How do I report engine defects do not include damage to you believe your alternate system will
defects? emission-related components (or be at least as effective in tracking,
(a) General provisions. As an engine maladjustment of parameters) caused by identifying, investigating, evaluating,
manufacturer, you must investigate in owners improperly maintaining or reporting, and correcting potential and
certain circumstances whether abusing their engine.
emission-related components are actual emissions-related defects as the
(3) You must track the information
defective and send us reports as specified in paragraph (b)(1) of this requirements in this section.
specified by this section. section. You are not required to collect (5) If we determine that emission-
(1) The term emission-related additional information other than that related defects result in a substantial
component includes those components specified in paragraph (b)(1) of this number of properly maintained and
listed in Appendix I of this part. For the section before reaching the threshold for used engines not conforming to the
purposes of this section, complete an investigation specified in paragraph regulations of this chapter during their
engines shall also be considered an (e) of this section.
emissions-related component. It also (4) You may ask us to allow you to
includes factory settings of emission- use alternate methods for tracking,
useful life, we may order you to conduct include the information from the earlier converter (or other aftertreatment
a recall of your engines (see § 1068.505). investigation to determine whether to device), if the number of engines in an
(6) Send the defect reports and status send a defect report. engine family that may have the defect
reports required by this section to the (c) Reporting defects. You must send exceeds 4 percent of the total number of
Designated Officer. us a defect report in either of the engines in the engine family or 4,000
(b) Investigation of possible defects. If following cases: engines, whichever is less.
the number of engines that possibly (1) Your investigation shows that the (2) For engine with rated power
have a defect, as defined by paragraph number of engines with a defect exceeds greater than or equal to 560 kW, if the
(b)(1) of this section, exceed the the thresholds specified in paragraph (f) number of engines in an engine family
thresholds specified in paragraph (e) of of this section. Send the defect report that may have the defect exceeds 1
this section, you must conduct an within 15 days after the date you percent of the total number of engines
investigation to determine if an identify this number of defective in the engine family or 5 engines,
emission-related component is actually engines. whichever is greater.
defective. (2) You know a defective emission- (f) Thresholds for filing a defect
(1) You must track warranty claims, related component exists in a number of report. You must send a defect report
parts shipments, and the other engines that exceeds the thresholds based on the following threshold values:
information specified in paragraph specified in paragraph (f) of this section, (1) For engine with rated power under
(b)(1)(iii) of this section. You must regardless of how you obtain this 560 kW:
classify an engine as possibly having a information. Send the defect report (i) When the component is a catalytic
defective component if any of the within 15 days after you learn that the converter (or other aftertreatment
following is true: number of defects exceeds one of these device), if the number of engines in an
(i) A warranty claim is submitted for thresholds. engine family that has the defect
the component, whether this is under (d) Contents of a defect report. exceeds 0.125 percent of the total
your emission-related warranty or any Include the following information in a number of engines in the engine family
other warranty. defect report: or 125 engines, whichever is less.
(ii) You ship a replacement (1) Your corporate name and a person (ii) When the emission-related
component other than for normally to contact regarding this defect. component is anything but a catalytic
scheduled maintenance during the (2) A description of the defect,
converter (or other aftertreatment
useful life of the engine. including a summary of any engineering
(iii) You receive any other device), if the number of engines in an
analyses and associated data, if
information indicating the component engine family that has the defect
available.
may be defective, such as information (3) A description of the engines that exceeds 0.250 percent of the total
from dealers or hot line complaints. may have the defect, including engine number of engines in the engine family
(2) Your investigation must be families, models, and range of or 250 engines, whichever is less.
prompt, thorough, consider all relevant production dates. Note that you must (2) For engine with rated power
information, follow scientific and address all model years for the engines, greater than or equal to 560 kW, if the
engineering principles, and be designed not just the model year for which you number of engines in an engine family
to obtain all the information specified in triggered the reporting requirement. that has the defect exceeds 0.5 percent
paragraph (d) of this section. (4) An estimate of the number and of the total number of engines in the
(3) Your investigation only needs to percentage of each class or category of engine family or 2 engines, whichever is
consider defects that occur within the affected engines that have or may have greater.
useful life period, or within five years the defect, and an explanation of how (g) How to count defects. In most
after the end of the model year, you determined this number. cases, you may track defects separately
whichever is longer. (5) An estimate of the defect’s impact for each model year and engine family.
(4) You must continue your on emissions, with an explanation of For families with annual U.S.-directed
investigation until you are able to obtain how you calculated this estimate and a production volumes under 5,000
all the information specified for a defect summary of any emission data engines, you may apply the percentage
report in paragraph (d) of this section. demonstrating the impact of the defect, thresholds in paragraphs (e) and (f) of
Send us an updated defect report if available. this section on the basis of multiple
anytime you have significant additional (6) A description of your plan for model years, for engines using the same
information. addressing the defect or an explanation emission-related components. To
(5) If a component believed to be of your reasons for not believing the determine whether you exceed the
defective is used in additional engine defects must be remedied. investigation threshold in paragraph (e)
families or model years, you must (e) Thresholds for conducting a defect of this section, count defects that you
investigate whether the component or investigation. Unless the standard- correct before they reach the ultimate
part is defective when used in these setting part specifies otherwise, you purchaser. Do not count these corrected
additional engine families or model must begin a defect investigation based defects to determine whether you
years, and include these results as part on the following threshold values: exceed the reporting threshold in
of your defect report. (1) For engine with rated power under paragraph (f) of this section.
(6) If your initial investigation 560 kW: (h) Status reports. You must send us
concludes that the number of engines (i) When the component is a catalytic a mid-year or end-of-year status report
with a defect is fewer than the converter (or other aftertreatment if you concluded an investigation
thresholds specified in paragraph (f) of device), if the number of engines in an during the previous six months without
this section, but other information engine family that may have the defect filing a defect report or if you have an
becomes available that may show that exceeds 2 percent of the total number of unresolved investigation at the end of
the number of engines with a defect engines in the engine family or 2,000 the six-month period. Include the
exceeds these thresholds, then you must engines, whichever is less. information specified in paragraph (c) of
resume your investigation. If you (ii) When the emission-related this section, or explain why the
resume an investigation, you must component is anything but a catalytic information is not relevant. Send these
status reports no later than June 30 and (3) A brief description of the studies, whether we have approved or
December 31 of each year. tests, and data that support the disapproved it. We will explain our
(i) Future production. If you identify effectiveness of the remedy you propose reasons for any disapproval.
a design or manufacturing defect that to use. (h) Begin notifying owners within 15
prevents engines from meeting the (4) The instructions you will send to days after we approve your remedial
requirements of this part, you must those who will repair the engines under plan. If we hold a hearing, but do not
correct the defect as soon as possible for the remedial plan. change our position about the
any future production for engines in (5) How you will determine the noncompliance, you must begin
every family affected by the defect. This owners’ names and addresses. notifying owners within 60 days after
applies without regard to whether you (6) How you will notify owners; we complete the hearing, unless we
are required to conduct a defect include copies of any notification specify otherwise.
investigation or submit a defect report letters.
under this section. (7) The proper maintenance or use § 1068.515 How do I mark or label repaired
engines?
you will specify, if any, as a condition
§ 1068.505 How does the recall program
to be eligible for repair under the (a) Attach a label to each engine you
work? repair under the remedial plan. At your
remedial plan. Describe how owners
(a) If we make a determination that a should show they meet your conditions. discretion, you may label or mark
substantial number of properly (8) The steps owners must take for engines you inspect but do not repair.
maintained and used engines do not you to do the repair. You may set a date (b) Make the label from a durable
conform to the regulations of this or a range of dates, specify the amount material suitable for its planned
chapter during their useful life, you of time you need, and designate certain location. Make sure no one can remove
must submit a plan to remedy the facilities to do the repairs. the label without destroying or defacing
nonconformity of your engines. We will (9) Which company (or group) you it.
notify you of our determination in (c) On the label, designate the specific
will assign to do or manage the repairs.
writing. Our notice will identify the (10) If your employees or authorized recall campaign and state where you
class or category of engines affected and warranty agents will not be doing the repaired or inspected the engine.
describe how we reached our (d) We may waive or modify the
work, state who will and say they can
conclusion. If this happens, you must labeling requirements if we determine
do it.
meet the requirements and follow the (11) How you will ensure an adequate they are overly burdensome.
instructions in this subpart. You must and timely supply of parts. § 1068.520 How do I notify affected
remedy at your expense noncompliant (12) The effect of proposed changes owners?
engines that have been properly on fuel consumption, driveability, and (a) Notify owners by first class mail,
maintained and used. You may not safety of the engines you will recall; unless we say otherwise. We may
transfer this expense to a dealer or include a brief summary of the require you to use certified mail.
equipment manufacturer through a information supporting these Include the following in your notice:
franchise or other agreement. conclusions. (1) State: ‘‘The U.S. Environmental
(b) You may ask for a hearing if you (13) How you intend to label the Protection Agency has determined that
disagree with our determination (see engines you repair and where you will your engine may be emitting pollutants
subpart G of this part). place the label on the engine (see
(c) Unless we withdraw the in excess of the Federal emission
§ 1068.515). standards, as defined in Title 40 of the
determination of noncompliance, you (b) We may require you to add
must respond to it by sending a Code of Federal Regulations. These
information to your remedial plan. emission standards were established to
remedial plan to the Designated Officer (c) We may require you to test the
by the later of these two deadlines: protect the public health or welfare from
proposed repair to show it will remedy air pollution’’.
(1) Within 60 days after we notify the noncompliance.
you. (2) State that you (or someone you
(d) Use all reasonable means to locate designate) will repair these engines at
(2) Within 60 days after a hearing. owners. We may require you to use
(d) Once you have sold an engine to your expense.
government or commercial registration (3) If we approved maintenance and
the ultimate purchaser, we may inspect
lists to get owners’ names and use conditions in your remedial plan,
or test the engine only if he or she
addresses, so your notice will be state that you will make these repairs
permits it, or if state or local inspection
effective. only if owners show their engines meet
programs separately provide for it.
(e) The maintenance or use that you the conditions for proper maintenance
(e) You may ask us to allow you to
specify as a condition for eligibility and use. Describe these conditions and
conduct your recall differently than
under the remedial plan may include how owners should prove their engines
specified in this subpart, consistent
only things you can show would cause are eligible for repair.
with section 207(c) of the Act.
noncompliance. Do not require use of a (4) Describe the components your
§ 1068.510 How do I prepare and apply my component or service identified by repair will affect and say generally how
remedial plan? brand, trade, or corporate name, unless you will repair the engines.
(a) In your remedial plan, describe all we approved this approach with your (5) State that the engine, if not
of the following: original certificate of conformity. Also, repaired, may fail an emission
(1) The class or category of engines to do not place conditions on who inspection test if state or local law
be recalled, including the number of maintained the engine. requires one.
engines involved and the model year or (f) We may require you to adjust your (6) Describe any adverse effects on its
other information needed to identify the repair plan if we determine owners performance or driveability that would
engines. would be without their engines or be caused by not repairing the engine.
(2) The modifications, alterations, equipment for an unreasonably long (7) Describe any adverse effects on the
repairs, corrections, adjustments, or time. functions of other engine components
other changes you will make to correct (g) We will tell you in writing within that would be caused by not repairing
the affected engines. 15 days of receiving your remedial plan the engine.
(8) Specify the date you will start the changes, change the estimate in your § 1068.540 What terms do I need to know
repairs, the amount of time you will next report and add an explanation for for this subpart?
need to do them, and where you will do the change. The following terms apply to this
them. Include any other information (d) We may ask for more information. subpart:
owners may need to know. (e) We may waive reporting Days means calendar days.
(9) Include a self-addressed card that requirements or adjust the reporting Owner means someone who owns an
owners can mail back if they have sold schedule. engine affected by a remedial plan or
the engine (or equipment in which the (f) If anyone asks to see the someone who owns a piece of
engine is installed); include a space for information in your reports, we will equipment that has one of these engines.
owners to write the name and address follow the provisions of § 1068.10 for
of a buyer. handling confidential information. Subpart G—Hearings
(10) State that owners should call you § 1068.530 What records must I keep? § 1068.601 What are the procedures for
at a phone number you give to report hearings?
We may review your records at any
any difficulty in obtaining repairs. If we agree to hold a hearing related
time, so it is important that you keep
(11) State: ‘‘To ensure your full to our decision to order a recall under
required information readily available.
protection under the emission warranty § 1068.505, we will hold the hearing
Keep records associated with your recall
on your engine by federal law, and your according to the provisions of 40 CFR
campaign for three years after you
right to participate in future recalls, we 85.1807. For any other issues, you may
complete your remedial plan. Organize
recommend you have your engine request an informal hearing, as
and maintain your records as described
serviced as soon as possible. We may described in 40 CFR 86.1853–01.
in this section.
consider your not servicing it to be (a) Keep a paper copy of the written
improper maintenance’’. Appendix I to Part 1068—Emission-
reports described in § 1068.525. Related Components
(b) We may require you to add (b) Keep a record of the names and
information to your notice or to send addresses of owners you notified. For This appendix specifies emission-related
more notices. each engine, state whether you did any components that we refer to for describing
(c) You may not in any of the following:
such things as emission-related defects or
communication with owners or dealers requirements related to rebuilding engines.
(1) Inspected the engine.
say or imply that your noncompliance (2) Disqualified the engine for not I. Emission-related components include any
does not exist or that it will not degrade engine parts related to the following
being properly maintained or used. systems:
air quality. (3) Completed the prescribed repairs. 1. Air-induction system.
(c) You may keep the records in 2. Fuel system.
§ 1068.525 What records must I send to
EPA?
paragraph (b) of this section in any form 3. Ignition system.
we can inspect, including computer 4. Exhaust gas recirculation systems.
(a) Send us a copy of all databases. II. The following parts are also considered
communications related to the remedial emission-related components:
plan you sent to dealers and others § 1068.535 How can I do a voluntary recall 1. Aftertreatment devices.
doing the repairs. Mail or e-mail us the for emission-related problems? 2. Crankcase ventilation valves.
information at the same time you send If we have made a determination that 3. Sensors.
it to others. a substantial number of properly 4. Electronic control units.
(b) From the time you begin to notify maintained and used engines do not III. Emission-related components also
owners, send us a report within 25 days include any other part whose only
conform to the regulations of this
purpose is to reduce emissions or whose
of the end of each calendar quarter. chapter during their useful life, you may failure will increase emissions without
Send reports for six consecutive not use a voluntary recall or other significantly degrading engine
quarters or until all the engines are alternate means to meet your obligation performance.
inspected, whichever comes first. In to remedy the noncompliance. Thus, IV. We also consider the emission-control
these reports, identify the following: this section only applies where you information label to be an emission-
(1) The range of dates you needed to learn that your engine family does not related component.
notify owners. meet the requirements of this chapter Appendix II to Part 1068—Emission-
(2) The total number of notices sent. and we have not made such a Related Parameters and Specifications
(3) The number of engines you determination.
estimate fall under the remedial plan (a) To do a voluntary recall under this This appendix specifies emission-related
(explain how you determined this section, first send the Designated Officer parameters and specifications that we refer to
number). for describing such things as emission-related
a plan, following the guidelines in defects or requirements related to rebuilding
(4) The cumulative number of engines § 1068.510. Within 15 days, we will engines.
you inspected under the remedial plan. send you our comments on your plan. I. Basic Engine Parameters—Reciprocating
(5) The cumulative number of these (b) Once we approve your plan, start Engines.
engines you found needed the specified notifying owners and carrying out the 1. Compression ratio.
repair. specified repairs. 2. Type of air aspiration (natural, Roots-
(6) The cumulative number of these (c) From the time you start the recall blown, supercharged, turbocharged).
engines you have repaired. campaign, send us a report within 25 3. Valves (intake and exhaust).
(7) The cumulative number of engines days of the end of each calendar quarter, a. Head diameter dimension.
you determined to be unavailable due to following the guidelines in b. Valve lifter or actuator type and valve
exportation, theft, retirement, or other § 1068.525(b). Send reports for six lash dimension.
reasons (specify). 4. Camshaft timing.
consecutive quarters or until all the
a. Valve opening—intake exhaust (degrees
(8) The cumulative number of engines engines are inspected, whichever comes from top-dead center or bottom-dead
you disqualified for not being properly first. center).
maintained or used. (d) Keep your reports and the b. Valve closing—intake exhaust (degrees
(c) If your estimated number of supporting information as described in from top-dead center or bottom-dead
engines falling under the remedial plan § 1068.530. center).
c. Valve overlap (degrees). b. Idle mixture. a. Control parameters and calibrations.

5. Ports—two stroke engines (intake and/or c. Fuel shutoff system calibration. b. Pump flow rate.
exhaust). d. Starting enrichment system calibration. 2. EGR system.
a. Flow area. e. Transient enrichment system calibration. a. Control parameters and calibrations.
b. Opening timing (degrees from top-dead f. Air-fuel flow calibration. b. EGR valve flow calibration.
center or bottom-dead center). g. Altitude compensation system 3. Catalytic converter system.
c. Closing timing (degrees from top-dead calibration.
a. Active surface area.
center or bottom-dead center). h. Operating pressure(s).
II. Intake Air System. i. Injector timing calibration. b. Volume of catalyst.
1. Roots blower/supercharger/turbocharger 4. Fuel injection for compression-ignition c. Conversion efficiency.
calibration. engines. 4. Backpressure.
2. Charge air cooling. a. Control parameters and calibrations. VIII. System for Controlling Crankcase
a. Type (air-to-air; air-to-liquid). b. Transient enrichment system calibration. Emissions.
b. Type of liquid cooling (engine coolant, c. Air-fuel flow calibration. 1. Control parameters and calibrations.
dedicated cooling system). d. Altitude compensation system 2. Valve calibrations.
c. Performance. calibration. IX. Auxiliary Emission Control Devices
3. Temperature control system calibration. e. Operating pressure(s). (AECD).
4. Maximum allowable inlet air restriction. f. Injector timing calibration. 1. Control parameters and calibrations.
III. Fuel System. IV. Ignition System for Spark-ignition 2. Component calibration(s).
1. General. Engines. X. System for Controlling Evaporative
a. Engine idle speed. 1. Control parameters and calibration.
Emissions.
b. Engine idle mixture. 2. Initial timing setting.
2. Carburetion. 3. Dwell setting. 1. Control parameters and calibrations.
a. Air-fuel flow calibration. 4. Altitude compensation system 2. Fuel tank.
b. Idle mixture. calibration. a. Volume.
c. Transient enrichment system calibration. 5. Spark plug voltage. b. Pressure and vacuum relief settings.
d. Starting enrichment system calibration. V. Engine Cooling System—thermostat XI. Warning Systems Related to Emission
e. Altitude compensation system calibration. Controls.
calibration. VI. Exhaust System—maximum allowable 1. Control parameters and calibrations.
f. Hot idle compensation system back pressure. 2. Component calibrations.
calibration. VII. System for Controlling Exhaust
3. Fuel injection for spark-ignition engines. Emissions. [FR Doc. 02–23801 Filed 11–7–02; 8:45 am]
a. Control parameters and calibrations. 1. Air injection system. BILLING CODE 6560–50–P

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Friday,

Category Percent Percent Percent Percent

Highway Motorcycles ....................................... 8 0.1 84 1.2 331 0.4 0.4 0.1

Total Nonroad .................................................. 5,269 39 3,305 45 24,826 33 427 60

Mobile Source percent of Total Man-Made

Category Percent Percent Percent Percent

Total Nonroad .................................................. 3,932 63 2,901 54 35,944 42 467 71

Mobile Source percent of Total Man-Made

Category Percent Percent Percent Percent

Total Nonroad .................................................. 4,521 70 3,242 54 41,800 42 557 74

Total Man-Made Sources ................................ 16,639 — 17,020 — 123,983 — 3,319 —

Mobile Source percent of Total Man-Made

TABLE I.E–4.—SNOWMOBILE USE IN SELECTED CO NONATTAINMENT AREAS

Spokane, WA ............................................................................................ Serious ................................................................... 31532

TABLE I.E–4.—SNOWMOBILE USE IN SELECTED CO NONATTAINMENT AREAS—Continued

Missoula, MT ............................................................................................ Moderate ................................................................ 23440

distance at which one can identify a black object

Eastern ........................ 9.5

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

1996 1997 1998 1999

Acadia NP .................................................................................. ME ........................................... 4 4 2 1

Voyageurs NP (1989–1992) ...................................................... MN ........................................... 1989 1990 1991 1992

TABLE I.E–8—ESTIMATED 2030 VISIBILITY IN SELECTED CLASS I AREAS a,b

Eastern areas .......................................... .......................................... ........................ 9.5

TABLE I.E–9.—WINTER SEASON SNOWMOBILE EMISSIONS

NPS unit HC CO NOX PM

Denali NP & Preserve ............................................................................................................................. >9.8 >26.1 >0.08 >0.24

applies specifically to ‘‘new motor vehicles,’’ but

appropriate, including a compliance participating in the emission-credit methodology). Each manufacturer

TABLE III.C–1.—CALIFORNIA UTILITY ENGINE EMISSION STANDARDS

Less than 225 cc ................................................................................. 12.0 g/hp-hr ................................................................... 300 g/hp-hr

performance as well as emissions performance.

TABLE III.D–1.—SNOWMOBILE ENGINE TEST CYCLE

Normalized Speed ......................................................................... 1.00 0.85 0.75 0.65 Idle

67 Estimated reductions in permeation are 95

percent when not considering competition vehicles,

TABLE IV.C–1.—PERMEATION STANDARDS FOR RECREATIONAL VEHICLES

Where: Field-testing addresses this by the opportunity to do testing at

facilitates in-use compliance programs. standard. This may give manufacturers

TABLE VI.C–1.—RECREATIONAL MARINE DIESEL EMISSION STANDARDS AND IMPLEMENTATION DATES

power ≥ 37 kW disp < 0.9 ............................................................................... 7.5 0.40 5.0 2007

use. However, manufacturers are

1. Testing 7. Replacement Engines and will face serious economic hardship

TABLE IX.A–1.—2010 PROJECTED HC AND NOX EMISSIONS INVENTORIES

Large SI ............................................................................................. 268 88 67 389 118 70

Total ........................................................................................ 1,066 705 34 450 174 61

TABLE IX.A–2.—2010 PROJECTED CO AND PM EMISSIONS INVENTORIES

Large SI ................................................................................................... 2,022 945 53 1.9 1.9 0

Total .............................................................................................. 4,113 2,851 31 28.3 23.0 19

TABLE IX.A–3.—2020 HC AND NOX PROJECTED EMISSIONS INVENTORIES

Large SI ............................................................................................... 318 34 89 472 43 91

TABLE IX.A–3.—2020 HC AND NOX PROJECTED EMISSIONS INVENTORIES—Continued

Snowmobiles ........................................................................................ 358 149 58 5 10 (101)

Total .......................................................................................... 1,284 355 72 547 109 80

TABLE IX.A–4.—2020 PROJECTED CO AND PM EMISSIONS INVENTORIES

Large SI ................................................................................................... 2,336 277 88 2.3 2.3 0

Total .............................................................................................. 4,866 2,115 56 34.2 14.8 57

TABLE IX.B–1.—ESTIMATED AVERAGE COST IMPACTS OF EMISSION STANDARDS

Large SI exhaust ............................................................................................................................. 2004 $611 $¥3,981

Large SI ............................................................................................................................................................... $84 $324

Large SI exhaust (Composite of all fuels) .................................................. 2004 3.07 $240 $0 — —

Recreational marine diesel vessels ......................................................................................... $6.6 $0 ($6.6)

Monetized Total f ..................................................................................................................... ..................................... $7,880 + B