[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[From the U.S. Government Publishing Office]
40
Protection of Environment
[[Page i]]
PARTS 87 to 135
Revised as of July 1, 1996
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1996
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
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As of July 1, 1995
Title 40, Parts 87 to 149,
Revised as of July 1, 1995
Is Replaced by
Title 40, Parts 87 to 135
and
Title 40, Parts 136 to 149
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1996
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency (Continued).... 3
Finding Aids:
Material Approved for Incorporation by Reference.......... 713
Table of CFR Titles and Chapters.......................... 715
Alphabetical List of Agencies Appearing in the CFR........ 731
Table of OMB Control Numbers.............................. 741
List of CFR Sections Affected............................. 761
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in this volume use title, part
and section number. Thus, 40 CFR 87.1 refers to title
40, part 87, section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
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For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
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Richard L. Claypoole,
Director,
Office of the Federal Register.
July 1, 1996.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of eighteen volumes.
The parts in these volumes are arranged in the following order: parts 1-
51, part 52, parts 53-59, part 60, parts 61-71, parts 72-80, parts 81-
85, part 86, parts 87-135, parts 136-149, parts 150-189, parts 190-259,
parts 260-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
789 and part 790 to end. The contents of these volumes represent all
current regulations codified under this title of the CFR as of July 1,
1996.
Chapter I--Environmental Protection Agency appears in all sixteen
volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts
150-189. A Toxic Substances Chemical--CAS Number Index appears in parts
700-789 and part 790 to end. Redesignation Tables appear in the volumes
containing parts 1-51, parts 150-189, and parts 700-789. Regulations
issued by the Council on Environmental Quality appear in the volume
containing part 790 to end.
The OMB control numbers for title 40 appear in Sec. 9.1 of this
chapter. For the convenience of the user, Sec. 9.1 appears in the
Finding Aids section of the volumes containing parts 52 to the end.
For this volume, Ruth Reedy Green was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[GRAPHIC] [TIFF OMITTED] TFRORDR.FRM
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 87 to 135)
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Part
chapter i--Environmental Protection Agency (Continued)...... 87
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
87 Control of air pollution from aircraft and
aircraft engines........................ 5
88 Clean-fuel vehicles......................... 11
89 Control of emissions from new and in-use
nonroad engines......................... 38
90 Control of emissions from nonroad spark-
ignition engines........................ 141
91-92 [Reserved]
93 Determining conformity of Federal actions to
state or Federal implementation plans... 234
94 [Reserved]
95 Mandatory patent licenses................... 276
96-99 [Reserved]
SUBCHAPTER D--WATER PROGRAMS
100 [Reserved]
104 Public hearings on effluent standards for
toxic pollutants........................ 278
108 Employee protection hearings................ 284
109 Criteria for State, local and regional oil
removal contingency plans............... 286
110 Discharge of oil............................ 288
112 Oil pollution prevention.................... 290
113 Liability limits for small onshore storage
facilities.............................. 361
116 Designation of hazardous substances......... 362
117 Determination of reportable quantities for
hazardous substances.................... 372
121 State certification of activities requiring
a Federal license or permit............. 381
122 EPA administered permit programs: The
national pollutant discharge elimination
system.................................. 385
123 State program requirements.................. 462
124 Procedures for decisionmaking............... 488
[[Page 4]]
125 Criteria and standards for the national
pollutant discharge elimination system.. 543
129 Toxic pollutant effluent standards.......... 576
130 Water quality planning and management....... 587
131 Water quality standards..................... 601
132 Water quality guidance for the Great Lakes
System.................................. 640
133 Secondary treatment regulation.............. 703
135 Prior notice of citizen suits............... 707
[[Page 5]]
PART 87--CONTROL OF AIR POLLUTION FROM AIRCRAFT AND AIRCRAFT ENGINES--Table of Contents
Subpart A--General Provisions
Sec.
87.1 Definitions.
87.2 Abbreviations.
87.3 General requirements.
87.4 [Reserved]
87.5 Special test procedures.
87.6 Aircraft safety.
87.7 Exemptions.
Subpart B--Engine Fuel Venting Emissions (New and In-Use Aircraft Gas
Turbine Engines)
87.10 Applicability.
87.11 Standard for fuel venting emissions.
Subpart C--Exhaust Emissions (New Aircraft Gas Turbine Engines)
87.20 Applicability.
87.21 Standards for exhaust emissions.
Subpart D--Exhaust Emissions (In-Use Aircraft Gas Turbine Engines)
87.30 Applicability.
87.31 Standards for exhaust emissions.
Subparts E-F--[Reserved]
Subpart G--Test Procedures for Engine Exhaust Gaseous Emissions
(Aircraft and Aircraft Gas Turbine Engines)
87.60 Introduction.
87.61 Turbine fuel specifications.
87.62 Test procedure (propulsion engines).
87.63 [Reserved]
87.64 Sampling and analytical procedures for measuring gaseous exhaust
emissions.
87.65--87.70 [Reserved]
87.71 Compliance with gaseous emission standards.
Subpart H--Test Procedures for Engine Smoke Emissions (Aircraft Gas
Turbine Engines)
87.80 Introduction.
87.81 Fuel specifications.
87.82 Sampling and analytical procedures for measuring smoke exhaust
emissions.
87.83--87.88 [Reserved]
87.89 Compliance with smoke emission standards.
Authority: Secs. 231, 301(a), Clean Air Act, as amended (42 U.S.C.
7571, 7601(a)), unless otherwise noted.
Source: 47 FR 58470, Dec. 30, 1982, unless otherwise noted.
Subpart A--General Provisions
Sec. 87.1 Definitions.
(a) As used in this part, all terms not defined herein shall have
the meaning given them in the Act:
Act means the Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
Administrator means the Administrator of the Environmental
Protection Agency and any other officer or employee of the Environmental
Protection Agency to whom authority involved may be delegated.
Aircraft means any airplane for which a U.S. standard airworthiness
certificate or equivalent foreign airworthiness certificate is issued.
Aircraft engine means a propulsion engine which is installed in or
which is manufactured for installation in an aircraft.
Aircraft gas turbine engine means a turboprop, turbofan, or turbojet
aircraft engine.
Class TP means all aircraft turboprop engines.
Class TF means all turbofan or turbojet aircraft engines except
engines of Class T3, T8, and TSS.
Class T3 means all aircraft gas turbine engines of the JT3D model
family.
Class T8 means all aircraft gas turbine engines of the JT8D model
family.
Class TSS means all aircraft gas turbine engines employed for
propulsion of aircraft designed to operate at supersonic flight speeds.
Commercial aircraft engine means any aircraft engine used or
intended for use by an ``air carrier,'' (including those engaged in
``intrastate air transportation'') or a ``commercial operator''
(including those engaged in ``intrastate air transportation'') as these
terms are defined in the Federal Aviation Act and the Federal Aviation
Regulations.
Commercial aircraft gas turbine engine means a turboprop, turbofan,
or turbojet commercial aircraft engine.
Emission measurement system means all of the equipment necessary to
transport and measure the level of emissions. This includes the sample
system and the instrumentation system.
[[Page 6]]
Engine Model means all commercial aircraft turbine engines which are
of the same general series, displacement, and design characteristics and
are usually approved under the same type certificate.
Exhaust emissions means substances emitted to the atmosphere from
the exhaust discharge nozzle of an aircraft or aircraft engine.
Fuel venting emissions means raw fuel, exclusive of hydrocarbons in
the exhaust emissions, discharged from aircraft gas turbine engines
during all normal ground and flight operations.
In-use aircraft gas turbine engine means an aircraft gas turbine
engine which is in service.
New aircraft turbine engine means an aircraft gas turbine engine
which has never been in service.
Power setting means the power or thrust output of an engine in terms
of kilonewtons thrust for turbojet and turbofan engines and shaft power
in terms of kilowatts for turboprop engines.
Rated output (rO) means the maximum power/thrust available for
takeoff at standard day conditions as approved for the engine by the
Federal Aviation Administration, including reheat contribution where
applicable, but excluding any contribution due to water injection.
Rated pressure ratio (rPR) means the ratio between the combustor
inlet pressure and the engine inlet pressure achieved by an engine
operating at rated output.
Sample system means the system which provides for the transportation
of the gaseous emission sample from the sample probe to the inlet of the
instrumentation system.
Secretary means the Secretary of Transportation and any other
officer or employee of the Department of Transportation to whom the
authority involved may be delegated.
Shaft power means only the measured shaft power output of a
turboprop engine.
Smoke means the matter in exhaust emissions which obscures the
transmission of light.
Smoke number (SN) means the dimensionless term quantifying smoke
emissions.
Standard day conditions means standard ambient conditions as
described in the United States Standard Atmosphere, 1976, (i.e.,
Temperature =15 deg.C, specific humidity =0.00 kg/ H2O/kg dry air,
and pressure =101325 Pa.)
Taxi/idle (in) means those aircraft operations involving taxi and
idle between the time of landing roll-out and final shutdown of all
propulsion engines.
Taxi/idle (out) means those aircraft operations involving taxi and
idle between the time of initial starting of the propulsion engine(s)
used for the taxi and turn on to duty runway.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984]
Sec. 87.2 Abbreviations.
The abbreviations used in this part have the following meanings in
both upper and lower case:
FAA Federal Aviation Administration, Department of Transportation.
HC Hydrocarbon(s).
hr. Hour(s).
LTO Landing takeoff
min. Minute(s).
rO Rated output.
rPR Rated pressure ratio.
sec. Seconds.
SP Shaft power.
SN Smoke number.
T Temperature, degrees Kelvin.
TIM Time in mode.
W Watt(s).
deg. Degree.
% Percent.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984]
Sec. 87.3 General requirements.
(a) This part provides for the approval or acceptance by the
Administrator or the Secretary of testing and sampling methods,
analytical, techniques, and related equipment not identical to those
specified in this part. Before either approves or accepts any such
alternate, equivalent, or otherwise nonidentical procedures or
equipment, the Administrator or the Secretary shall consult with the
other in determining whether or not the action requires rulemaking under
sections 231 and 232 of the Clean Air Act, as amended, consistent with
the Administrator's
[[Page 7]]
and the Secretary's responsibilities under sections 231 and 232 of the
Act. (42 U.S.C. 7571, 7572).
(b) Under section 232 of the Act, the Secretary issues regulations
to insure compliance with this part.
(c) With respect to aircraft of foreign registry, these regulations
shall apply in a manner consistent with any obligation assumed by the
United States in any treaty, convention or agreement between the United
States and any foreign country or foreign countries.
Sec. 87.4 [Reserved]
Sec. 87.5 Special test procedures.
The Administrator or the Secretary may, upon written application by
a manufacturer or operator of aircraft or aircraft engines, approve test
procedures for any aircraft or aircraft engine that is not susceptible
to satisfactory testing by the procedures set forth herein. Prior to
taking action on any such application, the Administrator or the
Secretary shall consult with the other.
Sec. 87.6 Aircraft safety.
The provisions of this part will be revised if at any time the
Secretary determines that an emission standard cannot be met within the
specified time without creating a safety hazard.
Sec. 87.7 Exemptions.
(a) Exemptions based on flights for short durations at infrequent
intervals. The emission standards of this part do not apply to engines
which power aircraft operated in the United States for short durations
at infrequent intervals. Such operations are limited to:
(1) Flights of an aircraft for the purpose of export to a foreign
country, including any flights essential to demonstrate the integrity of
an aircraft prior to its flight to a point outside the United States.
(2) Flights to a base where repairs, alterations or maintenance are
to be performed, or to a point of storage, and flights for the purpose
of returning an aircraft to service.
(3) Official visits by representatives of foreign governments.
(4) Other flights the Secretary determines, after consultation with
the Administrator, to be for short durations at infrequent intervals. A
request for such a determination shall be made before the flight takes
place.
(b) Exemptions for very low production models. The emissions
standards of this part do not apply to engines of very low total
production after the date of applicability. For the purpose of this
part, ``very low production'' is limited to a maximum total production
for United States civil aviation applications of no more than 200 units
covered by the same type certificate after January 1, 1984.
(1) A maximum annual production rate after January 1, 1984 of 20
units covered by the same type certificate; and
(2) A maximum total production after January 1, 1984 of 200 units
covered by the same type certificate.
(c) Exemptions for New Engines in Other Categories. The emissions
standards of this part do not apply to engines for which the Secretary
determines, with the concurrence of the Administrator, that application
of any standard under Sec. 87.21 is not justified, based upon
consideration of:
(1) Adverse economic impact on the manufacturer.
(2) Adverse economic impact on the aircraft and airline industries
at large.
(3) Equity in administering the standards among all economically
competing parties.
(4) Public health and welfare effects.
(5) Other factors which the Secretary, after consultation with the
Administrator, may deem relevant to the case in question.
(d) Time Limited Exemptions for In Use Engines. The emissions
standards of this part do not apply to aircraft or aircraft engines for
time periods which the Secretary determines, with the concurrence of the
Administrator, that any applicable standard under Sec. 87.11(a),
Sec. 87.31(a), or Sec. 87.31(c), should not be applied based upon
consideration of the following:
(1) Documentation demonstrating that all good faith efforts to
achieve compliance with such standard have been made.
(2) Documentation demonstrating that the inability to comply with
such
[[Page 8]]
standard is due to circumstances beyond the control of the owner or
operator of the aircraft.
(3) A plan in which the owner or operator of the aircraft shows that
he will achieve compliance in the shortest time which is feasible.
(4) Applications for a determination that any requirements of
Sec. 87.11(a), Sec. 87.31(a) or Sec. 87.31(c) do not apply shall be
submitted in duplicate to the Secretary in accordance with procedures
established by the Secretary.
(e) The Secretary shall publish in the Federal Register the name of
the organization to whom exemptions are granted and the period of such
exemptions.
(f) No state or political subdivision thereof may attempt to enforce
a standard respecting emissions from an aircraft or engine if such
aircraft or engine has been exempted from such standard under this part.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984; 49
FR 41002, Oct. 18, 1984]
Subpart B--Engine Fuel Venting Emissions (New and In-Use Aircraft Gas
Turbine Engines)
Sec. 87.10 Applicability.
(a) The provisions of this subpart are applicable to all new
aircraft gas turbines of classes T3, T8, TSS and TF equal to or greater
than 36 kilonewton rated output, manufactured on or after January 1,
1974, and to all in-use aircraft gas turbine engines of classes T3, T8,
TSS and TF equal to or greater than 36 kilonewton rated output
manufactured after February 1, 1974.
(b) The provisions of this subpart are also applicable to all new
aircraft gas turbines of class TF less than 36 kilonewton rated output
and class TP manufactured on or after January 1, 1975 and to all in-use
aircraft gas turbines of class TF less than 36 kilonewton rated output
and class TP manufactured after January 1, 1975.
[49 FR 41002, Oct. 18, 1984]
Sec. 87.11 Standard for fuel venting emissions.
(a) No fuel venting emissions shall be discharged into the
atmosphere from any new or in-use aircraft gas turbine engine subject to
the subpart. This paragraph is directed at the elimination of
intentional discharge to the atmosphere of fuel drained from fuel nozzle
manifolds after engines are shut down and does not apply to normal fuel
seepage from shaft seals, joints, and fittings.
(b) Conformity with the standard set forth in paragraph (a) of this
section shall be determined by inspection of the method designed to
eliminate these emissions.
Subpart C--Exhaust Emissions (New Aircraft Gas Turbine Engines)
Sec. 87.20 Applicability.
The provisions of this subpart are applicable to all aircraft gas
turbine engines of the classes specified beginning on the dates
specified.
Sec. 87.21 Standards for exhaust emissions.
(a) Exhaust emissions of smoke from each new aircraft gas turbine
engine of class T8 manufactured on or after February 1, 1974, shall not
exceed: Smoke number of 30.
(b) Exhaust emissions of smoke from each new aircraft gas turbine
engine of class TF and of rated output of 129 kilonewtons thrust or
greater, manufactured on or after January 1, 1976, shall not exceed:
SN=83.6(r0)-0.274 (r0 is in kilonewtons).
(c) Exhaust emission of smoke from each new aircraft gas turbine
engine of class T3 manufactured on or after January 1, 1978, shall not
exceed: Smoke number of 25.
(d) Gaseous exhaust emissions from each new commercial aircraft gas
turbine engine that is manufactured on or after January 1, 1984, shall
not exceed:
(1) Classes TF, T3, T8 engines equal to or greater than 26.7
kilonewtons rated output:
Hydrocarbons: 19.6 grams/kilonewton r0.
(2) Class TSS:
Hydrocarbons=140(0.92)rPR grams/kilonewton r0.
[[Page 9]]
(e) Smoke exhaust emissions from each gas turbine engine of the
classes specified below shall not exceed:
(1) Class TF of rated output less than 26.7 kilonewtons manufactured
on or after (one year from date of publication):
SN=83.6(ro)-0.274 (ro is in kilonewtons) not to exceed a maximum of
SN=50.
(2) Classes T3, T8, TSS and TF of rated output equal to or greater
than 26.7 kilonewtons manufactured on or after January 1, 1984:
SN=83.6(ro)-0.274 (ro is in kilonewtons) not to exceed a maximum of
SN=50.
(3) Class TP of rated output equal to or greater than 1,000
kilowatts manufactured on or after January 1, 1984:
SN=187(ro)-168 (ro is in kilowatts)
(f) The standards set forth in paragraphs (a), (b), (c), (d), and
(e) of this section refer to a composite gaseous emission sample
representing the operating cycles set forth in the applicable sections
of subpart G of this part, and exhaust smoke emissions emitted during
operations of the engine as specified in the applicable sections of
subpart H of this part, measured and calculated in accordance with the
procedures set forth in those subparts.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984]
Subpart D--Exhaust Emissions (In-use Aircraft Gas Turbine Engines)
Sec. 87.30 Applicability.
The provisions of this subpart are applicable to all in-use aircraft
gas turbine engines certified for operation within the United States of
the classes specified beginning on the dates specified.
Sec. 87.31 Standards for exhaust emissions.
(a) Exhaust emissions of smoke from each in-use aircraft gas turbine
engine of Class T8, beginning February 1, 1974, shall not exceed: Smoke
number of 30.
(b) Exhaust emissions of smoke from each in-use aircraft gas turbine
engine of class TF and of rated output of 129 kilonewtons thrust or
greater, beginning January 1, 1976, shall not exceed:
SN=83.6(r0)-0.274 (r0 is in kilonewtons).
(c) The standards set forth in paragraphs (a) and (b) of this
section refer to exhaust smoke emissions emitted during operations of
the engine as specified in the applicable section of subpart H of this
part, and measured and calculated in accordance with the procedures set
forth in this subpart.
[47 FR 58470, Dec. 30, 1982, as amended at 48 FR 2718, Jan. 20, 1983]
Subparts E-F--[Reserved]
Subpart G--Test Procedures for Engine Exhaust Gaseous Emissions
(Aircraft and Aircraft Gas Turbine Engines)
Sec. 87.60 Introduction.
(a) Except as provided under Sec. 87.5, the procedures described in
this subpart shall be the test program to determine the conformity of
new aircraft gas turbine engines with the applicable standards set forth
in this part.
(b) The test consists of operating the engine at prescribed power
settings on an engine dynamometer (for engines producing primarily shaft
power) or thrust measuring test stand (for engines producing primarily
thrust). The exhaust gases generated during engine operation are sampled
continuously for specific component analysis through the analytical
train.
(c) The exhaust emission test is designed to measure hydrocarbons,
carbon monoxide and carbon dioxide concentrations, and to determine mass
emissions through calculations during a simulated aircraft landing-
takeoff cycle (LTO). The LTO cycle is based on time in mode data during
high activity periods at major airports. The test for propulsion engines
consists of a least the following four modes of engine operation: Taxi/
idle, takeoff, climbout, and approach. The mass emission for the modes
are combined to yield the reported values.
(d) When an engine is tested for exhaust emissions on an engine
dynamometer or test stand, the complete
[[Page 10]]
engine shall be used with all accessories which might reasonably be
expected to influence emissions to the atmosphere installed and
functioning, if not otherwise prohibited by Sec. 87.62(a)(2). Use of
service air bleed and shaft power extraction to power auxiliary gearbox-
mounted components required to drive aircraft systems is not permitted.
(e) Other gaseous emissions measurement systems may be used if shown
to yield equivalent results and if approved in advance by the
Administrator or the Secretary.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug. 9, 1984]
Sec. 87.61 Turbine fuel specifications.
For exhaust emission testing, fuel meeting the specifications listed
below shall be used. Additives used for the purpose of smoke suppression
(such as organometallic compounds) shall not be present.
Property and Allowable Range of Values
Specific gravity at 15 deg.C: 0.78-0.82.
Distillation temperature, deg.C: 10% boiling point, 160-201; final
boiling point, 240-285.
Net heat of combustion, kJ/kg: 42,860-43,500.
Aromatics, volume %: 15-20.
Naphthalenes, volume %: 1.0-3.0.
Smoke point, mm: 20-28.
Hydrogen, mass %: 13.4-14.0.
Sulfur, mass %: less than 0.3%.
Kinematic viscosity at -20 deg.C, mm/s: 4.0-6.5.
[49 FR 41002, Oct. 18, 1984]
Sec. 87.62 Test procedure (propulsion engines).
(a)(1) The engine shall be tested in each of the following engine
operating modes which simulate aircraft operation to determine its mass
emission rates. The actual power setting, when corrected to standard day
conditions, should correspond to the following percentages of rated
output. Analytical correction for variations from reference day
conditions and minor variations in actual power setting should be
specified and/or approved by the Secretary:
------------------------------------------------------------------------
Class
--------------------------
Mode TF, T3,
TP T8 TSS
------------------------------------------------------------------------
Taxi/idle.................................... (\1\) (\1\) (\1\)
Takeoff...................................... 100 100 100
Climbout..................................... 90 85 65
Descent...................................... NA NA 15
Approach..................................... 30 30 34
------------------------------------------------------------------------
\1\ See paragraph (a)(2) of this section.
(2) The taxi/idle operating modes shall be carried out at a power
setting of 7% rated thrust unless the Secretary determines that the
unique characteristics of an engine model undergoing certification
testing at 7% would result in substantially different HC emissions than
if the engine model were tested at the manufacturers recommended idle
power setting. In such cases the Secretary shall specify an alternative
test condition.
(3) The times in mode (TIM) shall be as specified below:
------------------------------------------------------------------------
Class
--------------------------
Mode TF, T3
TP or T8 TSS
------------------------------------------------------------------------
Taxi/idle (minutes).......................... 26.0 26.0 26.0
Takeoff...................................... 0.5 0.7 1.2
Climbout..................................... 2.5 2.2 2.0
Descent...................................... N/A N/A 1.2
Approach..................................... 4.5 4.0 2.3
------------------------------------------------------------------------
(b) Emissions testing shall be conducted on warmed-up engines which
have achieved a steady operating temperature.
Sec. 87.63 [Reserved]
Sec. 87.64 Sampling and analytical procedures for measuring gaseous exhaust emissions.
The system and procedures for sampling and measurement of gaseous
emissions shall be as specified by appendices 3 and 5 to ICAO Annex 16,
Volume II, Aircraft Engine Emissions, First Edition, June 1981, which
are incorporated herein by reference. This document can be obtained from
the International Civil Aviation Organization, P.O. Box 400, Succursale:
Place de L'Aviation Internationale, 1000 Sherbrooke Street West,
Montreal, Quebec, Canada H3A 2R2 at $3.00 per copy. It is also available
for inspection
[[Page 11]]
at the Office of the Federal Register Information Center, 800 North
Capitol Street, NW., suite 700, Washington, DC. This incorporation by
reference was approved by the Director of the Federal Register on
September 3, 1982. These materials are incorporated as they exist on the
date of the approval and a notice of any change in these materials will
be published in the Federal Register. Frequent changes are not
anticipated.
Secs. 87.65--87.70 [Reserved]
Sec. 87.71 Compliance with gaseous emission standards.
Compliance with each gaseous emission standard by an aircraft engine
shall be determined by comparing the pollutant level in grams/
kilonewton/thrust/cycle or grams/kilowatt/cycle as calculated in
Sec. 87.64 with the applicable emission standard under this part.
Subpart H--Test Procedures for Engine Smoke Emissions (Aircraft Gas
Turbine Engines)
Sec. 87.80 Introduction.
Except as provided under Sec. 87.5, the procedures described in this
subpart shall be the test program to determine the conformity of new and
in-use gas turbine engines with the applicable standards set forth in
this part. The test is essentially the same as that described in
Secs. 87.60 through 87.62, except that the test is designed to determine
the smoke emission level at various operating points representative of
engine usage in aircraft. Other smoke measurement systems may be used if
shown to yield equivalent results and if approved in advance by the
Administrator or the Secretary.
Sec. 87.81 Fuel specifications.
Fuel having specifications as provided in Sec. 87.61 shall be used
in smoke emission testing.
Sec. 87.82 Sampling and analytical procedures for measuring smoke exhaust emissions.
The system and procedures for sampling and measurement of smoke
emissions shall be as specified by Appendix 2, Volume II, Aircraft
Engine Emissions to ICAO Annex 16, Aircraft Engine Emissions, First
Edition, June, 1981. This document can be obtained from the
International Civil Aviation Organization, P.O. Box 400, Succursale:
Place de L'Aviation Internationale, 1000 Sherbrooke Street West,
Montreal, Quebec, Canada H3A 2R2 at $3.00 per copy. It is also available
for inspection at the Office of the Federal Register Information Center,
800 North Capitol Street, NW., suite 700, Washington, DC. This
incorporation by reference was approved by the Director of the Federal
Register on September 3, 1982. These materials are incorporated as they
exist on the date of the approval and a notice of any change in these
materials will be published in the Federal Register. Frequent changes
are not anticipated.
Secs. 87.83--87.88 [Reserved]
Sec. 87.89 Compliance with smoke emission standards.
Compliance with each smoke emission standard shall be determined by
comparing the plot of SN as a function of power setting with the
applicable emission standard under this part. The SN at every power
setting must be such that there is a high degree of confidence that the
standard will not be exceeded by any engine of the model being tested.
The level of confidence required, a practical interpretation of the
requirement for total compliance, and a testing program to assure
compliance will be established by the Secretary prior to January 1,
1984, and shall be approved by the Administrator.
PART 88--CLEAN-FUEL VEHICLES--Table of Contents
Subpart A--Emission Standards for Clean-Fuel Vehicles
Sec.
88.101-94 General applicability.
88.102-94 Definitions.
88.103-94 Abbreviations.
88.104-94 Clean-fuel vehicle tailpipe emission standards for light-duty
vehicles and light-duty trucks.
88.105-94 Clean-fuel fleet emission standards for heavy-duty engines.
[[Page 12]]
Subpart B--California Pilot Test Program
88.201-94 Scope.
88.202-94 Definitions.
88.203-94 Abbreviations.
88.204-94 Sales requirements for the California Pilot Test Program.
88.205-94 California Pilot Test Program Credits Program.
88.206-94 State Opt-in for the California Pilot Test Program.
Tables to Subpart B of Part 88
Subpart C--Clean-Fuel Fleet Program
88.301-93 General applicability.
88.302-93 Definitions.
88.302-94 Definitions.
88.303-93 Abbreviations.
88.304-94 Clean-fuel fleet vehicle credit program.
88.305-94 Clean-fuel fleet vehicle labeling requirements for heavy-duty
vehicles.
88.306-94 Requirements for a converted vehicle to qualify as a clean-
fuel fleet vehicle.
88.307-94 Exemption from temporal transporation control measures for
CFFVs.
88.308-94 Programmatic requirements for clean-fuel fleet vehicles.
88.309 [Reserved]
88.310-94 Applicability to covered federal fleets.
88.311-93 Emissions standards for Inherently Low-Emission Vehicles.
88.311-98 Emissions standards for Inherently Low-Emission Vehicles.
88.312-93 Inherently Low-Emission Vehicle labeling.
88.313-93 Incentives for the purchase of Inherently Low-Emission
Vehicles.
Tables to Subpart C of Part 88
Authority: 42 U.S.C. 7410, 7418, 7581, 7582, 7583, 7584, 7586, 7588,
7589, 7601(a).
Source: 57 FR 60046, Dec. 17, 1992, unless otherwise noted.
Subpart A--Emission Standards for Clean-Fuel Vehicles
Sec. 88.101-94 General applicability.
The clean-fuel vehicle standards and provisions of this subpart are
applicable to vehicles used in subpart B of this part (the Clean Fuel
Fleet Program) and subpart C of this part (the California Pilot Test
Program).
[59 FR 50074, Sept. 30, 1994]
Sec. 88.102-94 Definitions.
Any terms defined in 40 CFR part 86 and not defined in this part
shall have the meaning given them in 40 CFR part 86, subpart A.
Adjusted Loaded Vehicle Weight is defined as the numerical average
of the vehicle curb weight and the GVWR.
Dual Fuel Vehicle (or Engine) means any motor vehicle (or motor
vehicle engine) engineered and designed to be operated on two different
fuels, but not on a mixture of the fuels.
Flexible Fuel Vehicle (or Engine) means any motor vehicle (or motor
vehicle engine) engineered and designed to be operated on any mixture of
two or more different fuels.
Heavy Light-Duty Truck means any light-duty truck rated greater than
6000 lbs. GVWR.
Light Light-Duty Truck means any light-duty truck rated through 6000
lbs GVWR.
Loaded Vehicle Weight is defined as the curb weight plus 300 lbs.
Low-Emission Vehicle means any light-duty vehicle or light-duty
truck conforming to the applicable Low-Emission Vehicle standard, or any
heavy-duty vehicle with an engine conforming to the applicable Low-
Emission Vehicle standard.
Non-methane Hydrocarbon Equivalent means the sum of the carbon mass
emissions of non-oxygenated non-methane hydrocarbons plus the carbon
mass emissions of alcohols, aldehydes, or other organic compounds which
are separately measured in accordance with the applicable test
procedures of 40 CFR part 86, expressed as gasoline-fueled vehicle non-
methane hydrocarbons. In the case of exhaust emissions, the hydrogen-to-
carbon ratio of the equivalent hydrocarbon is 1.85:1. In the case of
diurnal and hot soak emissions, the hydrogen-to-carbon ratios of the
equivalent hydrocarbons are 2.33:1 and 2.2:1 respectively.
Non-methane Organic Gas is defined as in section 241(3) Clean Air
Act as amended (42 U.S.C. 7581(3)).
Test Weight is defined as the average of the curb weight and the
GVWR.
Transitional Low-Emission Vehicle means any light-duty vehicle or
light-duty truck conforming to the applicable Transitional Low-Emission
Vehicle standard.
Ultra Low-Emission Vehicle means any light-duty vehicle or light-
duty truck
[[Page 13]]
conforming to the applicable Ultra Low-Emission Vehicle standard, or any
heavy-duty vehicle with an engine conforming to the applicable Ultra
Low-Emission Vehicle standard.
Zero-Emission Vehicle means any light-duty vehicle or light-
dutytruck conforming to the applicable Zero-Emission Vehicle standard,
or any heavy-duty vehicle conforming to the applicable Zero-Emission
Vehicle standard.
[57 FR 60046, Dec. 17, 1992. Redesignated and amended at 59 FR 50074,
Sept. 30, 1994]
Sec. 88.103-94 Abbreviations.
The abbreviations of part 86 also apply to this subpart. The
abbreviations in this section apply to all of part 88.
ALVW--Adjusted Loaded Vehicle Weight .
CO--Carbon Monoxide.
HCHO--Formaldehyde.
HC--Hydrocarbon.
HDV--Heavy-Duty Vehicle.
LDT--Light-Duty Truck.
LDV--Light-Duty Vehicle.
NMHC--Non-Methane Hydrocarbon.
NMHCE--Non-Methane Hydrocarbon Equivalent.
NMOG--Non-Methane Organic Gas.
NOx--Nitrogen Oxides.
PM--Particulate Matter.
GVWR--Gross Vehicle Weight Rating.
LVW--Loaded Vehicle Weight.
TW--Test Weight.
TLEV--Transitional Low-Emission Vehicle.
LEV--Low-Emission Vehicle.
ULEV--Ultra Low-Emission Vehicle.
ZEV--Zero-Emission Vehicle.
[57 FR 60046, Dec. 17, 1992. Redesignated and amended at 59 FR 50074,
Sept. 30, 1994]
Sec. 88.104-94 Clean-fuel vehicle tailpipe emission standards for light-duty vehicles and light-duty trucks.
(a) A light-duty vehicle or light-duty truck will be considered as a
TLEV, LEV, ULEV, or ZEV if it meets the applicable requirements of this
section.
(b) Light-duty vehicles certified to the exhaust emission standards
for TLEVs, LEVs, and ULEVs in Tables A104-1 and A104-2 shall be
considered as meeting the requirements of this section for that
particular vehicle emission category for model years 1994-2000 for the
California Pilot Program.
(c) Light-duty vehicles certified to the exhaust emission standards
for LEVs and ULEVs in Tables A104-1 and A104-2 shall be considered as
meeting the requirements of this section for that particular vehicle
emission category for model years 2001 and later for the California
Pilot Program, and for model years 1998 and later for the Clean Fuel
Fleet Program.
(d) Light light-duty trucks certified to the exhaust emission
standards for a specific weight category for TLEVs, LEVs, and ULEVs in
Tables A104-3 and A104-4 shall be considered as meeting the requirements
of this section for that particular vehicle emission category. For model
years 1994-2000 for the California Pilot Program.
(e) Light Light-duty trucks certified to the exhaust emission
standards for a specific weight category for LEVs and ULEVs in Tables
A104-3 and A104-4 shall be considered as meeting the requirements of
this section for that particular vehicle emission category. For model
years 2001 and later for the California Pilot Program, and for model
years 1998 and later for the Clean Fuel Fleet Program.
(f) Heavy light-duty trucks certified to the exhaust emission
standards for a specific weight category of LEVs and ULEVs in Tables
A104-5 and A104-6 for model years 1998 and later shall be considered as
meeting the requirements of this section for that particular vehicle
emission category.
(g) A light-duty vehicle or light-duty truck shall be certified as a
ZEV if it is determined by engineering analysis that the vehicle
satisfies the following conditions:
(1) The vehicle fuel system(s) must not contain either carbon or
nitrogen compounds (including air) which, when burned, form any of the
pollutants listed in Table A104-1 as exhaust emissions.
(2) All primary and auxiliary equipment and engines must have no
emissions of any of the pollutants listed in Table A104-1.
(3) The vehicle fuel system(s) and any auxiliary engine(s) must have
no evaporative emissions in use.
(4) Any auxiliary heater must not operate at ambient temperatures
above 40 degrees Fahrenheit.
(h) NMOG standards for flexible- and dual-fueled vehicles when
operating on
[[Page 14]]
clean alternative fuel--(1) Light-duty vehicles, and light light-duty
trucks. Flexible- and dual-fueled LDVs and light LDTs of 1996 model year
and later shall meet all standards in Table A104-7 for vehicles of the
applicable model year, loaded vehicle weight, and vehicle emission
category.
(2) Light-duty trucks above 6,000 lbs GVWR. Flexible- and dual-
fueled LDTs above 6,000 lbs. GVWR of 1998 model year and later shall
meet all standards in Table A104-8 for vehicles of the applicable test
weight and vehicle emission category.
(i) NMOG standards for flexible- and dual-fueled vehicles when
operating on conventional fuel--(1) Light-duty vehicles, and light
light-duty trucks. Flexible- and dual-fueled LDVs and light LDTs of 1996
model year and later shall meet all standards in Table A104-9 for
vehicles of the applicable model year, loaded vehicle weight, and
vehicle emission category.
(2) Light-duty trucks above 6,000 lbs GVWR. Flexible- and dual-
fueled LDTs of 1998 model year and later shall meet all standards in
Table A104-10 for vehicles of the applicable test weight and vehicle
emission category.
(j) Other standards for flexible- and dual-fueled vehicles. When
operating on clean alternative fuel, flexible- and dual- fueled light-
duty vehicles and light light-duty trucks must also meet the appropriate
standards for carbon monoxide, oxides of nitrogen, formaldehyde, and
particulate matter as designated in paragraphs (a) through (f) of this
section as well as all other applicable standards and requirements. When
operating on conventional fuel, flexible- and dual-fueled vehicles must
also meet all other applicable standards and requirements in 40 CFR part
86.
(k) Motor vehicles subject to standards and requirements of this
section shall also comply with all applicable standards and requirements
of 40 CFR part 86, except that any exhaust emission standards in 40 CFR
part 86 pertaining to pollutants for which standards are established in
this section shall not apply. For converted vehicles, the applicable
standards and requirements of 40 CFR part 86 and this part 88 shall
apply based on the model year in which the conversion is performed,
regardless of the model year in which the base vehicle was originally
manufactured prior to conversion.
(1) Gaseous-fueled, diesel-fueled, and electric clean-fuel vehicles
are waived from cold CO test requirements of subpart C of this part if
compliance is demonstrated by engineering analysis or test data.
(2) The standards in this section shall be administered and enforced
in accordance with the California Regulatory Requirements Applicable to
the Clean Fuel Fleet and California Pilot Programs, April 1, 1994, which
are incorporated by reference.
(i) This incorporation by reference was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51.
(ii) Copies may be inspected at U.S. EPA, OAR, 401 M Street,
Southwest, Washington, DC 20460, or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Copies of these materials may be obtained from Barclay's Law Publishers,
400 Oyster Point Boulevard, P.O. Box 3066, South San Francisco, CA
94080, phone (415) 244-6611.
Tables to Sec. 88.104-94
Table A104-1.--Intermediate Useful Life Standards (g/mi) for Light-Duty Vehicles for HCs, CO, NOX, HCHO, and PM
----------------------------------------------------------------------------------------------------------------
Vehicle emission category NMOG CO NOX HCHO PM 1
----------------------------------------------------------------------------------------------------------------
TLEV.............................. 0.125 3.4 0.4 0.015 ...........
LEV............................... \2\ .075 \2\ 3.4 .2 \2\ .015 ...........
ULEV.............................. .040 1.7 \2\ .2 .008 ...........
----------------------------------------------------------------------------------------------------------------
\1\ Applies to diesel vehicles only.
\2\ Applies to ILEVs.
[[Page 15]]
Table A104-2.--Full Useful Life Standards (g/mi) for Light-Duty Vehicles for HCs, CO, NOX, HCHO, and PM
----------------------------------------------------------------------------------------------------------------
Vehicle emission category NMOG CO NOX HCHO PM 1
----------------------------------------------------------------------------------------------------------------
TLEV.............................. 0.156 4.2 0.6 0.018 0.08
LEV............................... \2\ 0.090 \2\ 4.2 .3 \2\ .018 \2\ .08
ULEV.............................. .055 2.1 \2\ .3 .011 .04
----------------------------------------------------------------------------------------------------------------
\1\ Applies to diesel vehicles only.
\2\ Applies to ILEVs.
Table A104-3.--Intermediate Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO, NOX, HCHO, and
PM
----------------------------------------------------------------------------------------------------------------
Vehicle emission
LVW (lbs) category NMOG CO NOX HCHO PM 1
----------------------------------------------------------------------------------------------------------------
0-3750................. TLEV.................. .125 3.4 .4 .015 ...........
LEV................... \2\ .075 \2\ 3.4 .2 \2\ .015 ...........
ULEV.................. .040 1.7 \2\ .2 .008 ...........
3751-5750.............. TLEV.................. 0.160 4.4 .7 .018 ...........
LEV................... \2\ .100 \2\ 4.4 .4 \2\ .018 ...........
ULEV.................. .050 2.2 \2\ .4 .009 ...........
----------------------------------------------------------------------------------------------------------------
\1\ Applies to diesel vehicles only.
\2\ Applies to ILEVs.
Table A104-4.--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO, NOX, HCHO, and PM
----------------------------------------------------------------------------------------------------------------
Vehicle emission
LVW (lbs) category NMOG CO NOX HCHO PM\1\
----------------------------------------------------------------------------------------------------------------
0-3750................. TLEV.................. 0.156 4.2 0.6 0.018 0.08
LEV................... \2\ 0.090 \2\ 4.2 0.3 \2\.018 \2\.08
ULEV.................. .055 2.1 \2\.3 .011 .04
3751-5750.............. TLEV.................. .200 5.5 .9 .023 .08
LEV................... \2\.130 \2\5.5 .5 \2\.023 \2\.08
ULEV.................. .070 2.8 \2\.5 .013 .04
----------------------------------------------------------------------------------------------------------------
\1\ Applies to diesel vehicles only.
\2\ Applies to ILEVs.
Table A104-5.--Intermediate Useful Life Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO, NOX, HCHO, and
PM
----------------------------------------------------------------------------------------------------------------
Vehicle emission
ALVW (lbs) category NMOG CO NOX\2\ HCHO PM\1\
----------------------------------------------------------------------------------------------------------------
0-3750................. LEV................... \3\ 0.125 \3\ 3.4 0.4 \3\ 0.015
ULEV.................. .075 1.7 \3\.2 .008
3751-5750.............. LEV................... \3\.160 \3\ 4.4 .7 \3\.018
ULEV.................. .100 2.2 \3\.4 .009
5751-.................. LEV................... \3\.195 \3\ 5.0 1.1 \3\.022
ULEV.................. .117 2.5 \3\.6 .011
----------------------------------------------------------------------------------------------------------------
\1\ Applies to diesel vehicles only.
\2\ Does not apply to diesel vehicles.
\3\ Applies to ILEVs.
Table A104-6.--Full Useful Life Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO, NOX, HCHO, and PM
----------------------------------------------------------------------------------------------------------------
Vehicle emission
ALVW (lbs) category NMOG CO NOX HCHO PM\1\
----------------------------------------------------------------------------------------------------------------
0-3750................. LEV................... \2\ 0.180 \2\ 5.0 0.6 \2\ 0.022 \2\ 0.08
ULEV.................. .107 2.5 \2\.3 .012 .04
3751-5750.............. LEV................... \2\.230 \2\ 6.4 1.0 \2\.027 \2\.10
ULEV.................. .143 3.2 \2\.5 .013 .05
5751-.................. LEV................... \2\.280 \2\ 7.3 1.5 \2\.032 \2\.12
ULEV.................. .167 3.7 \2\.8 .016 .06
----------------------------------------------------------------------------------------------------------------
\1\ Applies to diesel vehicles only.
\2\ Applies to ILEVs.
[[Page 16]]
Table A104-7.--NMOG Standards (g/mi) for Flexible- and Dual-Fueled
Vehicles When Operating on Clean Alternative Fuel for Light Light-Duty
Trucks and Light-Duty Vehicles
------------------------------------------------------------------------
50,000 mile 100,000
Vehicle type NMOG mile NMOG
standard standard
------------------------------------------------------------------------
MY 1996 and later:
LDTs (0-3,750 lbs. LVW) and LDVs.......... 0.125 0.156
LDTs (3,751-5,750 lbs. LVW)............... .160 .200
Beginning MY 2001:
LDTs (0-3,750 lbs. LVW) and LDVs.......... .075 .090
LDTs (3,751-5,750 lbs. LVW)............... .100 .130
------------------------------------------------------------------------
Table A104-8.--NMOG Standards (g/mi) for Flexible- and Dual-Fueled
Vehicles When Operating on Clean Alternative Fuel for Heavy Light-Duty
Trucks
------------------------------------------------------------------------
50,000 mile 120,000
Vehicle type NMOG mile NMOG
standard standard
------------------------------------------------------------------------
Beginning MY 1998:
LDTs (0-3,750 lbs. ALVW).................. 0.125 0.180
LDTs (3,751-5,750 lbs. ALVW).............. .160 .230
LDTs (5,751-8,500 lbs. ALVW).............. .195 .280
------------------------------------------------------------------------
Table A104-9.--NMOG Standards (g/mi) for Flexible- and Dual-Fueled
Vehicles When Operating on Conventional Fuel for Light Light-Duty Trucks
and Light-Duty Vehicles
------------------------------------------------------------------------
50,000 mile 100,000
Vehicle type NMOG mile NMOG
standard standard
------------------------------------------------------------------------
Beginning MY 1996:
LDTs (0-3,750 lbs. LVW) and LDVs.......... 0.25 0.31
LDTs (3,751-5,750 lbs. LVW)............... .32 .40
Beginning MY 2001:
LDTs (0-3,750 lbs. LVW) and LDVs.......... .125 .156
LDTs (3,751-5,750 lbs. LVW)............... .160 .200
------------------------------------------------------------------------
Table A104-10.--NMOG Standards (g/mi) for Flexible- and Dual-Fueled
Vehicles When Operating on Conventional Fuel for Light Light-Duty Trucks
------------------------------------------------------------------------
50,000 mile 120,000
Vehicle type NMOG mile NMOG
standard standard
------------------------------------------------------------------------
Beginning MY 1998:
LDTs (0-3,750 lbs. ALVW).................. 0.25 0.36
LDTs (3,751-5,750 lbs. ALVW).............. .32 .46
LDTs (5,751-8,500 lbs. ALVW).............. .39 .56
------------------------------------------------------------------------
[59 FR 50074, Sept. 30, 1994, as amended at 61 FR 127, Jan. 3, 1996]
Sec. 88.105-94 Clean-fuel fleet emission standards for heavy-duty engines.
(a) Exhaust emissions from engines used in heavy-duty low emission
vehicles shall meet one of the following standards:
(1) Combined emissions of oxides of nitrogen and nonmethane
hydrocarbons (or nonmethane hydrocarbon equivalent) shall not exceed 3.8
grams per brake horsepower-hour.
(2) Combined emissions of oxides of nitrogen and nonmethane
hydrocarbons (or nonmethane hydrocarbon equivalent) shall not exceed 3.5
grams per brake horsepower-hour when tested (certified) on fuel meeting
the specifications of California certification fuel.
(b) Exhaust emissions from engines used in heavy-duty low emission
vehicles shall meet conventional vehicle standards set forth in Part 86
for total
[[Page 17]]
hydrocarbon, carbon monoxide, particulate, and organic material
hydrocarbon equivalent.
(c) Exhaust emissions from engines used in ultra-low emission heavy-
duty vehicles shall meet each of the following standards:
(1) The combined emissions of oxides of nitrogen and nonmethane
hydrocarbons (or nonmethane hydrocarbon equivalent) shall not exceed 2.5
grams per brake horsepower-hour.
(2) Carbon monoxide emissions shall not exceed 7.2 grams per brake
horsepower-hour.
(3) Particulate emissions shall not exceed 0.05 grams per brake
horsepower-hour.
(4) Formaldehyde emissions shall not exceed 0.025 grams per brake
horsepower-hour.
(d) Exhaust emissions from engines used in inherently-low emission
heavy-duty vehicles shall meet each of the following standards:
(1) The combined emissions of oxides of nitrogen and nonmethane
hydrocarbons (or nonmethane hydrocarbon equivalent) shall not exceed 2.5
grams per brake horsepower-hour.
(2) Carbon monoxide emissions shall not exceed 14.4 grams per brake
horsepower-hour.
(3) Particulate emissions shall not exceed 0.10 grams per brake
horsepower-hour.
(4) Formaldehyde emissions shall not exceed 0.05 grams per brake
horsepower-hour.
(e) The standards set forth in paragraphs (a), (b), (c), and (d) of
this section refer to the exhaust emitted while the vehicle is being
tested in accordance with the applicable test procedures set forth in 40
CFR part 86, subpart N.
(f)(1) A heavy-duty zero-emission vehicle (ZEV) has a standard of
zero emissions for nonmethane hydrocarbons, oxides of nitrogen, carbon
monoxide, formaldehyde, and particulates.
(2) A heavy-duty vehicle shall be certified as a ZEV if it is
determined by engineering analysis that the vehicle satisfies the
following conditions:
(i) The vehicle fuel system(s) must not contain either carbon or
nitrogen compounds (including air) which, when burned, form nonmethane
hydrocarbons, oxides of nitrogen, carbon monoxide, formaldehyde, or
particulates as exhaust emissions.
(ii) All primary and auxiliary equipment and engines must have no
emissions of nonmethane hydrocarbons, oxides of nitrogen, carbon
monoxide, formaldehyde, and particulates.
(iii) The vehicle fuel system(s) and any auxiliary engine(s) must
have no evaporative emissions.
(iv) Any auxiliary heater must not operate at ambient temperatures
above 40 degrees Fahrenheit.
(g) All heavy-duty engines used in low emission, ultra-low emission,
or zero emission vehicles shall also comply with all applicable
standards and requirements of 40 CFR part 86, except that any exhaust
emission standards in 40 CFR part 86 pertaining to pollutants for which
standards are established in this section shall not apply.
[59 FR 50077, Sept. 30, 1994]
Subpart B--California Pilot Test Program
Sec. 88.201-94 Scope.
Applicability. The requirements of this subpart shall apply to the
following:
(a) State Implementation Plan revisions for the State of California
and other states pursuant to compliance with section 249 of the Clean
Air Act, as amended in 1990.
(b) Vehicle manufacturers with sales in the State of California.
[57 FR 60046, Dec. 17, 1992, as amended at 59 FR 50077, Sept. 30, 1994]
Sec. 88.202-94 Definitions.
(a) The definitions in subpart A also apply to this subpart.
(b) The definitions in this subpart shall apply beginning with the
1992 model year.
Averaging for clean-fuel vehicles means the sale of clean-fuel
vehicles that meet more stringent standards than required, which allows
the manufacturer to sell fewer clean-fuel vehicles than would otherwise
be required.
Banking means the retention of credits, by the manufacturer
generating the emissions credits, for use in future
[[Page 18]]
model-year certification as permitted by regulation.
Sales means vehicles that are produced, sold, and distributed (in
accordance with normal business practices and applicable franchise
agreements) in the State of California, including owners of covered
fleets under subpart C of part 86 of this chapter. The manufacturer can
choose at their option from one of the following three methods for
determining sales:
(i) Sales is defined as sales to the ultimate purchaser.
(ii) Sales is defined as vehicle sales by a manufacturer to a
dealer, distributer, fleet operator, broker, or any other entity which
comprises the first point of sale.
(iii) Sales is defined as equivalent to the production of vehicles
for the state of California. This option can be revoked if it is
determined that the production and actual sales numbers do not exhibit a
functional equivalence per the language of Sec. 86.708-94(b)(1) of this
chapter.
Trading means the exchange of credits between manufacturers.
Sec. 88.203-94 Abbreviations.
The abbreviations in subpart A of this part and in 40 CFR part 86
apply to this subpart.
Sec. 88.204-94 Sales requirements for the California Pilot Test Program.
(a) The total annual required minimum sales volume of new clean fuel
vehicles in California for this program shall correspond to Table B204.
(b) (1) When manufacturers of vehicles subject to the regulations of
this section file a report pursuant to 40 CFR 86.085-37(b), such report
shall include the following information: the number of light-duty
vehicles and light-duty trucks sold only in California, and the number
of clean-fuel vehicles sold for the Pilot program beginning with model
year 1996.
(2) For model years 1996 and 1997, manufacturers may exclude heavy
light-duty trucks from the reporting required by this section.
(c) (1) Except as provided in paragraph (d) of this section, each
vehicle manufacturer must sell clean-fuel vehicles in California in an
amount equal to the required annual sales volume calculated in paragraph
(c)(2) of this section.
(2) The required annual clean fuel vehicle sales volume for a given
manufacturer is expressed in the following equation rounded to the
nearest whole number:
[GRAPHIC] [TIFF OMITTED] TR03JA96.003
Where:
RMS=a manufacturer's required sales in a given model year.
MS=the average of a manufacturer's total LDV and light LDT sales in
California three and four model years earlier than year in
question (for MY 1996 and 1997 RMS calculations).
=the average of a manufacturer's total LDV and LDT sales in California
three and four model years earlier than year in question (for
MY 1998 and later RMS calculations).
TS=the average of total LDV and light LDT sales in California of all
manufacturers three and four model years earlier than the year
in question (for MY 1996 and 1997 RMS calculations). Sales of
manufacturers which meet the criteria of (d) of this paragraph
will not be included.
=the average of total LDV and LDT sales in California of all
manufacturers three and four model years earlier than the year
in question (for MY 1998 and later RMS calculations). Sales of
manufacturers which meet the criteria of (d) of this paragraph
will not be included.
TCPPS=Pilot program annual CFV sales requirement (either 150,000 or
300,000) for the model year in question.
(i) A manufacturer's share of required annual sales for model years
1996 and 1997 will be based on LDV and light LDT sales only. Once the
heavy LDT standards are effective beginning with model year 1998, a
manufacturer's required sales share will be based on all LDV and LDT
sales.
(ii) A manufacturer certifying for the first time in California
shall calculate annual required sales share based on projected
California sales for the model year in question. In the second year, the
manufacturer shall use actual sales from the previous year. In the third
year, the manufacturer will use sales from two model years prior to the
year in question. In the fourth year, the manufacturer will use sales
from three years prior to the year in question. In
[[Page 19]]
the fifth year and subsequent years, the manufacturer will use average
sales from three and four years prior to the year in question.
(d) (1) Small volume manufacturer is defined in the Pilot program as
one whose average annual LDV and LDT sales in California are less than
or equal to 3,000 units during a consecutive three-year period beginning
no earlier than model year 1993.
(i) A manufacturer with less than three consecutive years of sales
in California shall use a single year of sales or, if available, the
average of two years of sales in California to determine whether they
fall at or below the threshold of 3,000 units.
(ii) A manufacturer certifying for the first time in California
shall be considered a small volume manufacturer if their projected
California sales level is at or below 3,000 units for a given year. Once
the manufacturer has actual sales data for one year, this actual sales
data shall be used to determine whether the manufacturer qualifies as a
small volume manufacturer.
(iii) A manufacturer which does not qualify as a small volume
manufacturer in model year 1996 but whose average annual LDV and LDT
sales fall to or below the 3,000 unit threshold between 1996 and 2001
shall be treated as a small volume manufacturer and shall be subject to
requirements for small volume manufacturers as specified in paragraph
(d)(2) of this section beginning with the next model year.
(2) A manufacturer which qualifies as a small volume manufacturer
prior to model year 2001 is not required to comply with the sales
requirements of this section until model year 2001.
Table B204.--Pilot Program Vehicle Sales Schedule
------------------------------------------------------------------------
Required
Model years Vehicle types annual
sales
------------------------------------------------------------------------
1996 and 1997....................... LDTs (< 6000 GVWR and 150,000
5750 LVW);
and LDVs.
1998................................ All Applicable Vehicle 150,000
Types.
1999+............................... All Applicable Vehicle 300,000
Types.
------------------------------------------------------------------------
[59 FR 50078, Sept. 30, 1994, as amended at 61 FR 127, Jan. 3, 1996]
Sec. 88.205-94 California Pilot Test Program Credits Program.
(a) General. (1) The Administrator shall administer this credit
program to enable vehicle manufacturers who are required to participate
in the California Pilot Test Program to meet the clean-fuel vehicle
sales requirements through the use of credits. Participation in this
credit program is voluntary.
(2) All credit-generating vehicles must meet the applicable emission
standards and other requirements contained in subpart A of this part.
(b) Credit generation. (1) Credits may be generated by any of the
following means:
(i) Sale of qualifying clean-fuel vehicles earlier than required.
Manufacturers may earn these credits starting with the 1992 model year,
contingent upon the requirements of paragraph (g) of this section.
(ii) Sale of a greater number of qualifying clean-fuel vehicles than
required.
(iii) Sale of qualifying clean-fuel vehicles that meet more
stringent emission standards than those required.
(2) For light-duty vehicles and light-duty trucks, credit values
shall be determined in accordance with the following:
(i) For model-years through 2000, credit values shall be determined
in accordance with table B-1 of this subpart.
(ii) For the 2001 and subsequent model-years, credit values shall be
determined according to table B-2 of this subpart. The sale of light-
duty vehicles classified as Transitional Low-Emission Vehicles shall not
receive credits starting in model year 2001.
(iii) For the calculation of credits for the sale of more clean-fuel
vehicles than required, the manufacturer shall designate which sold
vehicles count toward compliance with the sales requirement. The
remaining balance of vehicles will be considered as sold beyond the
sales requirement for credit calculations.
(3) Vehicles greater than 8500 lbs gvwr may not generate credits.
(c) Credit use. (1) All credits generated in accordance with these
provisions may be freely averaged, traded, or banked for later use.
Credits may
[[Page 20]]
not be used to remedy any nonconformity determined by enforcement
testing.
(2) There is one averaging and trading group containing all light-
duty vehicles and light-duty trucks.
(3) A vehicle manufacturer desiring to demonstrate full or partial
compliance with the sales requirements by the redemption of credits,
shall surrender sufficient credits, as established in this paragraph
(c). In lieu of selling a clean-fuel vehicle, a manufacturer shall
surrender credits equal to the credit value for the corresponding
vehicle class and model year found in table B-1.3 or table B-2.3 of this
subpart.
(d) Participation in the credit program. (1) During certification,
the manufacturer shall calculate the projected credits, if any, based on
required sales projections.
(2) Based on information from paragraph (d)(1) of this section, each
manufacturer's certification application under this section must
demonstrate:
(i) That at the end of the model-year production, there is a net
vehicle credit balance of zero or more with any credits obtained from
averaging, trading, or banking.
(ii) It is recommended but not required that the source of the
credits to be used to comply with the minimum sales requirements be
stated. All such reports should include all credits involved in
averaging, trading, or banking.
(3) During the model year, manufacturers must:
(i) Monitor projected versus actual production to be certain that
compliance with the sales requirement is achieved at the end of the
model year.
(ii) Provide the end of model year reports required under this
subpart.
(iii) Maintain the records required under this subpart.
(4) Projected credits based on information supplied in the
certification application may be used to obtain a certificate of
conformity. However, any such credits may be revoked based on review of
end-of-model year reports, follow-up audits, and any other verification
steps deemed appropriate by the Administrator.
(5) Compliance under averaging, banking, and trading will be
determined at the end of the model year.
(6) If EPA or the manufacturer determines that a reporting error
occurred on an end-of-year report previously submitted to EPA under this
section, the manufacturer's credits and credit calculations will be
recalculated.
(i) If EPA review of a manufacturer's end-of-year report indicates
an inadvertent credit shortfall, the manufacturer will be permitted to
purchase the necessary credits to bring the credit balance to zero.
(ii) If within 90 days of receipt of the manufacturer's end-of-year
report, EPA review determines a reporting error in the manufacturer's
favor (i.e., resulting in a positive credit balance) or if the
manufacturer discovers such an error within 90 days of EPA receipt of
the end-of-year report, the credits will be restored for use by the
manufacturer.
(e) Averaging. Averaging will only be allowed between clean-fuel
vehicles under 8500 lbs gvwr.
(f) Banking. (1) Credit deposits. (i) Under this program, credits
can be banked starting in the 1992 model year.
(ii) A manufacturer may bank credits only after the end of the model
year and after EPA has reviewed its end-of-year report. During the model
year and before submittal of the end-of-year report, credits originally
designated in the certification process for banking will be considered
reserved and may be redesignated for trading or averaging.
(2) Credit withdraws. (i) After being generated, banked/reserved
credits shall be available for use and shall maintain their original
value for an infinite period of time.
(ii) A manufacturer withdrawing banked credits shall indicate so
during certification and in its credit reports.
(3) Banked credits may be used in averaging, trading, or in any
combination thereof, during the certification period. Credits declared
for banking from the previous model year but unreviewed by EPA may also
be used. However, they may be revoked at a later time following EPA
review of the end-of-year report or any subsequent audit actions.
(g) Early credits. Beginning in model year 1992 appropriate credits,
as determined from the given credit table, will
[[Page 21]]
be given for the sale of vehicles certified to the clean-fuel vehicle
standards for TLEVs, LEVs, ULEVs, and ZEVs, where appropriate. For LDVs
and light LDTs (<6000 lbs GVWR), early credits can be earned from model
year 1992 to the beginning of the Pilot Program sales requirements in
1996. For heavy LDTs (>6000 lbs GVWR), early credits can be earned from
model years 1992 through 1997. The actual calculation of early credits
shall not begin until model year 1996.
[57 FR 60046, Dec. 17, 1992, as amended at 61 FR 127, Jan. 3, 1996]
Sec. 88.206-94 State Opt-in for the California Pilot Test Program.
(a) A state may opt into the Pilot program if it contains all or
part of an ozone nonattainment area classified as serious, severe, or
extreme under subpart D of Title I.
(b) A state may opt into the program by submitting SIP revisions
that meet the requirements of this section.
(c) For a state that chooses to opt in, SIP provisions can not take
effect until one year after the state has provided notice to of such
provisions to motor vehicle manufacturers and fuel suppliers.
(d) A state that chooses to opt into the program can not require a
sales or production mandate for CFVs or clean alternative fuels. States
may not subject fuel or vehicle suppliers to penalties or sanctions for
failing to produce or sell CFVs or clean alternative fuels.
(e) (1) A state's SIP may include incentives for the sale or use in
such state of CFVs required in California by the Clean Fuel Fleet
Program, and the use of clean alternative fuels required to be made
available in California by the California Pilot Program.
(2) Incentives may include:
(i) A registration fee on non-CFVs of at least 1 percent of the
total cost of the vehicle. These fees shall be used to:
(A) Provide financial incentives to purchasers of CFVs and vehicle
dealers who sell high volumes or high percentages of CFVs.
(B) Defray administrative costs of the incentive program.
(ii) Exemptions for CFVs from high occupancy vehicle or trip
reduction requirements.
(iii) Preferences for CFVs in the use of existing parking places.
[59 FR 50078, Sept. 30, 1994]
Tables to Subpart B of Part 88
Table B-1.--Credit Table for Phase I Vehicle Equivalents for Light-Duty Vehicles and Light-Duty Trucks
Table B-1.1.--Credit Generation: Selling More Clean-Fuel Vehicles Than Required
[Phase I: Effective Through 2000 Model-Year]
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT >6000 gvwr LDT >6000 gvwr
thn-eq>6000 >3750 lvw 3750 alvw LDT >6000
Vehicle emission category gvwr 5750 lvw eq>3750 alvw 5750 gvwr >5750
eq>3750 lvw alvw alvw
----------------------------------------------------------------------------------------------------------------
TLEV........................... 1.00 1.28 (\1\) (\1\) (\1\)
LEV............................ 1.40 1.76 1.00 1.28 1.56
ULEV........................... 1.68 2.16 1.40 1.76 2.18
ZEV............................ 2.00 2.56 2.00 2.56 3.12
----------------------------------------------------------------------------------------------------------
Table B-1.2.--Credit Generation: Selling More Stringent Clean Fuel Vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT >6000 gvwr LDT >6000 gvwr LDT 6000 >3750 lvw 3750 alvw eq>6000 gvwr
Vehicle emission category gvwr 5750 lvw eq>3750 alvw 5750 >5750 alvw
eq>3750 lvw alvw
--------------------------------------------------------------------------------------------------------------------------------------------------------
TLEV............................................................... 0.00 0.00 (\1\) (\1\) (\1\)
LEV................................................................ .40 .48 0.00 0.00 0.00
ULEV............................................................... .68 .88 .40 .48 .62
ZEV................................................................ 1.00 1.28 1.00 1.28 1.56
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 22]]
Table B-1.3.--Credit Needed in Lieu of Selling Clean-Fuel Vehicle
----------------------------------------------------------------------------------------------------------------
LDV & LDT 6000 eq>6000 gvwr LDT >6000 gvwr LDT >6000 gvwr LDT >6000
Vehicle emission category gvwr 3750 lvw 3750 alvw gvwr >5750
eq>3750 lvw thn-eq>5750 lvw eq>3750 alvw 5750 alvw
alvw
----------------------------------------------------------------------------------------------------------------
TLEV........................... 1.00 1.28 (\1\) (\1\) (\1\)
LEV............................ ............... ............... 1.00 1.28 1.56
----------------------------------------------------------------------------------------------------------------
\1\ There is no TLEV category for this vehicle class.
Table B-2.--Credit Table for Phase II: Vehicle Equivalents for Light-Duty Vehicles and Light-Duty Trucks
Table B-2.1.--Credit Generation: Selling More Clean-Fuel Vehicles Than Required
[Phase II: effective 2001 and subsequent model-years]
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT >6000 gvwr LDT >6000 gvwr
thn-eq>6000 >3750 lvw 3750 alvw LDT >6000
Vehicle emission category gvwr 5750 lvw eq>3750 alvw 5750 gvwr >5750
eq>3750 lvw alvw alvw
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.26 0.71 0.91 1.11
ULEV........................... 1.20 1.54 1.00 1.26 1.56
ZEV............................ 1.43 1.83 1.43 1.83 2.23
----------------------------------------------------------------------------------------------------------------
Table B-2.2.--Credit Generation: Selling More Stringent Clean-Fuel Vehicles
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT >6000 gvwr LDT >6000 gvwr
thn-eq>6000 >3750 lvw 3750 alvw LDT >6000
Vehicle emission category gvwr 5750 lvw eq>3750 alvw 5750 gvwr >5750
eq>3750 lvw alvw alvw
----------------------------------------------------------------------------------------------------------------
LEV............................ 0.00 0.00 0.00 0.00 0.00
ULEV........................... .20 .28 .29 .34 .45
ZEV............................ .43 .57 .71 .91 1.11
----------------------------------------------------------------------------------------------------------------
Table B-2.3.--Credit Needed in Lieu of Selling Clean-Fuel Vehicles
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT >6000 gvwr LDT >6000 gvwr
thn-eq>6000 >3750 lvw 3750 alvw LDT >6000
Vehicle emission category gvwr 5750 lvw eq>3750 alvw 5750 gvwr >5750
eq>3750 lvw alvw alvw
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.26 0.71 0.91 1.11
----------------------------------------------------------------------------------------------------------------
[59 FR 50079, Sept. 30, 1994]
Subpart C--Clean-Fuel Fleet Program
Source: 58 FR 11901, Mar. 1, 1993, unless otherwise noted.
Sec. 88.301-93 General applicability.
(a) The requirements of this subpart apply to the following:
(1) State Implementation Plan revisions at 40 CFR part 52 made
pursuant to sections 110 and 246 of the CAA (42 U.S.C. 7410 and 7586)
hereafter referred to as the ``SIP revision''.
(2) All agencies, departments and instrumentalities of the United
States that are subject to the fleet programs established by a state's
SIP revision.
(b) The requirements of Secs. 88.302-93, 88.303-93, 88.311-93,
88.312-93, and 88.313-93 of this part apply to fleets which voluntarily
purchase and operate Inherently Low-Emission Vehicles (ILEVs).
Sec. 88.302-93 Definitions.
The definitions in 40 CFR part 86 of this chapter also apply to this
subpart. The definitions in this section apply to this subpart.
Combination heavy-duty vehicle means a vehicle with a GVWR greater
than 8,500 pounds (3,900 kilograms) which is comprised of a truck-
tractor and one or more pieces of trailered equipment. The truck-tractor
is a self-propelled motor vehicle built on one chassis
[[Page 23]]
which encompasses the engine, passenger compartment, and a means of
coupling to a cargo carrying trailer(s). The truck-tractor itself is not
designed to carry cargo.
Inherently Low-Emission Vehicle means any LDV or LDT conforming to
the applicable Inherently Low-Emission Vehicle standard, or any HDV with
an engine conforming to the applicable Inherently Low-Emission Vehicle
standard. No dual-fuel or flexible-fuel vehicles shall be considered
Inherently Low-Emission Vehicles unless they are certified to the
applicable standard(s) on all fuel types for which they are designed to
operate.
Partially-Covered Fleet pertains to a vehicle fleet in a covered
area which contains both covered fleet vehicles and non-covered fleet
vehicles, i.e., exempt from covered fleet purchase requirements.
Single-unit heavy-duty vehicle means a self-propelled motor vehicle
with a GVWR greater than 8,500 pounds (3,900 kilograms) built on one
chassis which encompasses the engine, passenger compartment, and cargo
carrying function, and not coupled to trailered equipment. All buses,
whether or not they are articulated, are considered single-unit
vehicles.
Sec. 88.302-94 Definitions.
The definitions in Sec. 88.302-93 and 40 CFR part 86 also apply to
this part. All terms used in this part, but not defined in this section
or in Sec. 88.302-93 and 40 CFR part 86 shall have the meaning assigned
to them in the Clean Air Act.
Can be centrally fueled means the sum of those vehicles that are
centrally fueled and those vehicles that are capable of being centrally
fueled.
(1) Capable of being centrally fueled means a fleet, or that part of
a fleet, consisting of vehicles that could be refueled 100 percent of
the time at a location that is owned, operated, or controlled by the
covered fleet operator, or is under contract with the covered fleet
operator. The fact that one or more vehicles in a fleet is/are not
capable of being centrally fueled does not exempt an entire fleet from
the program.
(2) Centrally fueled means a fleet, or that part of a fleet,
consisting of vehicles that are fueled 100 percent of the time at a
location that is owned, operated, or controlled by the covered fleet
operator, or is under contract with the covered fleet operator. Any
vehicle that is under normal operations garaged at home at night but
that is, in fact, centrally fueled 100 percent of the time shall be
considered to be centrally fueled for the purpose of this definition.
The fact that one or more vehicles in a fleet is/are not centrally
fueled does not exempt an entire fleet from the program. The fact that a
vehicle is not centrally fueled does not mean it could not be centrally
fueled in accordance with the definition of ``capable of being centrally
fueled.''
(3) Location means any building, structure, facility, or
installation which; is owned or operated by a person, or is under the
control of a person; is located on one or more contiguous properties and
contains or could contain a fueling pump or pumps for the use of the
vehicles owned or controlled by that person.
Clean-fuel vehicle aftermarket conversion certifier means the
business or entity that obtains a certificate of conformity with the
clean-fuel vehicle standards and requirements for a vehicle/engine
conversion configuration pursuant to the requirements of 40 CFR part 86
and this part 88.
Control means: (1) When it is used to join all entities under common
management, means any one or a combination of the following:
(i) A third person or firm has equity ownership of 51 percent or
more in each of two or more firms;
(ii) Two or more firms have common corporate officers, in whole or
in substantial part, who are responsible for the day-to-day operation of
the companies.
(iii) One firm leases, operates, supervises, or in 51 percent or
greater part owns equipment and/or facilities used by another person or
firm, or has equity ownership of 51 percent or more of another firm.
(2) When it is used to refer to the management of vehicles, means a
person has the authority to decide who can operate a particular vehicle,
and the purposes for which the vehicle can be operated.
[[Page 24]]
(3) When it is used to refer to the management of people, means a
person has the authority to direct the activities of another person or
employee in a precise situation, such as at the workplace.
Conversion configuration means any combination of vehicle/engine
conversion hardware and a base vehicle of a specific engine family.
Covered fleet operator means a person who operates a fleet of at
least ten covered fleet vehicles (as defined in section 241(6) of the
Act) and that fleet is operated in a single covered area (even if the
covered fleet vehicles are garaged outside of it). For purposes of this
definition, the vehicle types described in the definition of covered
fleet (section 241(5) of the Act) as exempt from the program will not be
counted toward the ten-vehicle criterion.
Dealer demonstration vehicle means any vehicle that is operated by a
motor vehicle dealer (as defined in section 216(4) of the Act) solely
for the purpose of promoting motor vehicle sales, either on the sales
lot or through other marketing or sales promotions, or for permitting
potential purchasers to drive the vehicle for pre-purchase or pre-lease
evaluation.
Emergency vehicle means any vehicle that is legally authorized by a
governmental authority to exceed the speed limit to transport people and
equipment to and from situations in which speed is required to save
lives or property, such as a rescue vehicle, fire truck, or ambulance.
Law enforcement vehicle means any vehicle which is primarily
operated by a civilian or military police officer or sheriff, or by
personnel of the Federal Bureau of Investigation, the Drug Enforcement
Administration, or other agencies of the federal government, or by state
highway patrols, municipal law enforcement, or other similar law
enforcement agencies, and which is used for the purpose of law
enforcement activities including, but not limited to, chase,
apprehension, surveillance, or patrol of people engaged in or
potentially engaged in unlawful activities. For federal law enforcement
vehicles, the definition contained in Executive Order 12759, Section 11:
Alternative Fueled Vehicle for the Federal Fleet, Guidance Document for
Federal Agencies, shall apply.
Model year, as it applies to the clean fuel vehicle fleet purchase
requirements, means September 1 through August 31.
Motor vehicles held for lease or rental to the general public means
a vehicle that is owned or controlled primarily for the purpose of
short-term rental or extended-term leasing (with or without
maintenance), without a driver, pursuant to a contract.
New covered fleet vehicle means a vehicle that has not been
previously controlled by the current purchaser, regardless of the model
year, except as follows: Vehicles that were manufactured before the
start of the fleet program for such vehicle's weight class, vehicles
transferred due to the purchase of a company not previously controlled
by the purchaser or due to a consolidation of business operations,
vehicles transferred as part of an employee transfer, or vehicles
transferred for seasonal requirements (i.e., for less than 120 days) are
not considered new. States are permitted to discontinue the use of the
fourth exception for fleet operators who abuse the discretion afforded
them. This definition of new covered fleet vehicle is distinct from the
definition of new vehicle as it applies to manufacturer certification,
including the certification of vehicles to the clean fuel standards.
Owned or operated, leased or otherwise controlled by such person
means either of the following:
(1) Such person holds the beneficial title to such vehicle; or
(2) Such person uses the vehicle for transportation purposes
pursuant to a contract or similar arrangement, the term of such contract
or similar arrangement is for a period of 120 days or more, and such
person has control over the vehicle pursuant to the definition of
control of this section.
Person includes an individual, corporation, partnership,
association, State, municipality, political subdivision of a State, and
any agency, department, or instrumentality of the United States and any
officer, agent, or employee thereof.
Under normal circumstances garaged at personal residence means a
vehicle that,
[[Page 25]]
when it is not in use, is normally parked at the personal residence of
the individual who usually operates it, rather than at a central
refueling, maintenance, and/or business location. Such vehicles are not
considered to be capable of being central fueled (as defined in this
subpart) and are exempt from the program unless they are, in fact,
centrally fueled.
Vehicle used for motor vehicle manufacturer product evaluations and
tests means a vehicle that is owned and operated by a motor vehicle
manufacturer (as defined in section 216(1) of the Act), or motor vehicle
component manufacturer, or owned or held by a university research
department, independent testing laboratory, or other such evaluation
facility, solely for the purpose of evaluating the performance of such
vehicle for engineering, research and development, or quality control
reasons.
[58 FR 64691, Dec. 9, 1993, as amended at 59 FR 50080, Sept. 30, 1994]
Sec. 88.303-93 Abbreviations.
The abbreviations in subpart A of this part and in 40 CFR part 86
apply to this subpart. The abbreviations in this section apply to this
subpart.
ILEV--Inherently Low-Emission Vehicle.
Sec. 88.304-94 Clean-fuel fleet vehicle credit program.
(a) General. (1) The SIP revision shall provide for a CFFV credit
program to enable covered fleet owners/operators to meet the fleet
vehicle purchase requirements of the CAA both by purchasing clean-fuel
vehicles (CFVs) directly and by trading and banking CFFV credits for
vehicle purchases.
(2) All credit-generating vehicles must meet the applicable emission
standards and other requirements contained in 40 CFR part 88, subpart A.
(b) Program administration. (1)(i) Each state in which there is all
or part of a covered area, as defined in CAA section 246(a)(2), shall
promulgate regulations as necessary for implementing this requirement.
(ii) The state shall submit a SIP revision before May 15, 1994 to
the Administrator stipulating the specific mechanism by which the CFFV
program is to be administered and enforced. The credit program shall
commence upon EPA approval of the SIP in accordance with CAA section
246(f)(5).
(2) A fleet owner who purchases/leases a CFFV only to generate CFFV
credit shall be subject to the same requirements of the state's CFFV
program as a covered fleet owner who purchases/leases a CFFV to
demonstrate compliance with covered fleet purchase requirements.
(3) While in the covered area, a dual-fuel/flexible-fuel vehicle
which a fleet owner purchases to comply with covered fleet purchase
requirements must be operated at all times on the fuel(s) on which it
was certified as a CFFV. If the fleet owner receives credit for a dual-
fuel/flexible-fuel vehicle purchase, the vehicle must be operated at the
same emission level for which the vehicle generated CFFV credit.
(c) Credit generation. (1) States shall grant CFFV credits to a
covered fleet owner for any of the following qualifying CFFV purchases:
(i) Purchase of a CFFV during any period subsequent to the approval
of the SIP revision but prior to the effective date for commencement of
a state's CFFV purchase requirement if the purchase meets all other CFFV
requirements applicable to such purchases, including the statutory
requirement to use only the fuel on which the vehicle was certified as a
CFFV;
(ii) Purchase of a greater number of CFFVs than is required under
the SIP revision;
(iii) Purchase of a CFFV which meets more stringent emission
standards than required under the SIP revision; or
(iv) Purchase of a CFFV in an exempt or non-covered vehicle category
by the owner/operator of a covered or partially-covered fleet.
(2) A state may retroactively grant CFFV credit(s) to a fleet owner
for the purchase of a CFFV prior to the approval of the state's SIP
revision if the purchase met all CFFV credit program requirements
applicable to such purchases, including:
(i) The vehicle purchased would have to have been certified to CFFV
emission standards;
[[Page 26]]
(ii) The vehicle purchased would have to have been a dedicated-fuel
vehicle;
(iii) If the vehicle purchased was not a dedicated-fuel vehicle,
then the fleet owner would have to show that the vehicle had been
operated only on the clean alternative fuel on which the vehicle had
been certified as a CFFV.
(3) For LDVs and LDTs, credit values shall be determined in
accordance with Table C94-1. The state shall use Table C94-1 exclusively
in determining LDV and LDT CFFV credit values. Table C94-1.1 applies to
paragraphs (c)(1) (i), (ii) and (iv) of this section; Table C94-1.2
applies to paragraph (c)(1)(iii) of this section.
(4) In lieu of determining credit values in accordance with Table
C94-1, a state may specify in its SIP revision that Table C94-2 will be
used to determine LDV and LDT CFFV credit values in one or more affected
nonattainment areas. Any state choosing to do so must provide adequate
justification, based on air quality benefits, at the time the SIP
revision is submitted. If the use of Table C94-2 is approved by EPA, the
State shall use Table C94-2 exclusively in determining LDV and LDT CFFV
credit values for vehicles in the subject area or areas. Table C94-2.1
applies to paragraphs (b)(1) (i), (ii) and (iv) of this section; Table
C94-2.2 applies to paragraph (b)(1)(iii) of this section.
(5) In lieu of determining credit values in accordance with Table
C94-1, a state containing a carbon monoxide nonattainment area(s) having
a design value above 16.0 parts per million may specify in its SIP
revision that Table C94-3 will be used to determine LDV and LDT CFFV
credit values in one or more affected nonattainment areas. Any state
choosing to do so must provide adequate justification, based on air
quality benefits, at the time the SIP revision is submitted. If the use
of Table C94-3 is approved by EPA, the state shall use Table C94-3
exclusively in determining LDV and LDT CFFV credit values for vehicles
in the subject area or areas. Table C94-3.1 applies to paragraphs (b)(1)
(i), (ii) and (iv) of this section; Table C94-3.2 applies to paragraph
(b)(1)(iii) of this section.
(6) For HDVs, credit values shall be determined in accordance with
Table C94-4. The state shall use Table C94-4 exclusively in determining
heavy-duty vehicle CFFV credit values. Table C94-4.1 applies to
paragraphs (c)(1) (i), (ii) and (iv) of this section, and Table C94-4.2
applies to paragraph (c)(1)(iii) of this section.
(7) In lieu of determining credit values in accordance with Table
C94-4, a state containing a carbon monoxide nonattainment area(s) having
a design value above 16 parts per million may specify in its SIP
revision that Table C94-5 will be used to determine heavy-duty vehicle
CFFV credit values in one or more affected nonattainment areas. Any
state choosing to do so must provide adequate justification, based on
air quality benefits, at the time the SIP revision is submitted. If the
use of Table C94-5 is approved by EPA, the State shall use Table C94-5
exclusively in determining heavy-duty vehicle CFFV credit values for
vehicles in the subject area or areas. Table C94-5.1 applies to
paragraphs (b)(1) (i), (ii) and (iv) of this section; Table C94-5.2
applies to paragraph (b)(1)(iii) of this section.
(8) Credit values shall be rounded to two decimal places.
(9) Heavy heavy-duty vehicles. (i) States must allow purchase of any
clean-fuel single-unit or combination HDV with a GVWR greater than
26,000 pounds (11,800 kilograms) to generate CFFV credit for the fleet
vehicle purchaser.
(ii) States must exclude from generating CFFV credit the purchase of
any combination HDV with a GVWR greater than 26,000 pounds (11,800
kilograms) which pays all or a portion of its fuel taxes, as evidenced
by fuel tax stickers on the combination HDV, to a state(s) which is not
part of that covered nonattainment area.
(10) Light-duty CFFV credits. Credits generated by the purchase of a
qualifying clean-fuel fleet LDV or a LDT shall be designated at the time
of issuance as light-duty CFFV credits.
(11) Heavy-duty CFFV credits. Credits generated by the purchase of a
qualifying clean-fuel fleet HDV shall be designated at the time of
issuance as heavy-duty CFFV credits. Further, credits generated by the
purchase of a light heavy-duty or a medium heavy-
[[Page 27]]
duty qualifying CFFV shall be designated at the time of issuance as
light heavy-duty and medium heavy-duty CFFV credits, respectively.
(d) Credit use. (1) All credits generated in accordance with these
provisions may be freely traded or banked for later use, subject to the
provisions contained in this subpart, without discount or depreciation
of such credits.
(2) A covered fleet owner or operator desiring to demonstrate full
or partial compliance with covered fleet purchase requirements by the
redemption of credits shall surrender sufficient credits as established
in this paragraph. In lieu of purchasing a CFFV, a fleet owner or
operator shall surrender credits equal to the credit value for the
corresponding vehicle class and credit calculation method used in that
area from either Table C94-1.3, C94-2.3, C94-3.3, C94-4.3, or C94-5.3 of
this subpart.
(3) Credits earned within the boundaries of a covered nonattainment
area may be traded within those boundaries whether or not that area
encompasses parts of more than one state.
(4) Credits issued as a result of CFFV purchase requirements in one
nonattainment area may not be used to demonstrate compliance in another
nonattainment area, even if a state contains more than one covered
nonattainment area.
(5) Credit allocation. (i) Credits generated by the purchase of LDVs
and LDTs of 8,500 pounds (3,900 kilograms) GVWR or less may be used to
demonstrate compliance with covered fleet purchase requirements
applicable to LDVs or LDTs of 8,500 pounds (3,900 kilograms) GVWR or
less.
(ii) Credits generated by the purchase of vehicles of more than
8,500 pounds (3,900 kilograms) GVWR may not be used to demonstrate
compliance with the covered fleet purchase requirements for vehicles
weighing 8,500 pounds (3,900 kilograms) GVWR or less.
(iii) Credits generated by the purchase of vehicles of 8,500 pounds
(3,900 kilograms) GVWR or less may not be used to demonstrate compliance
with requirements for vehicles of more than 8,500 pounds (3,900
kilograms) GVWR.
(iv) Credits generated by the purchase of a HDV of a particular
weight subclass may be used to demonstrate compliance with required
heavy-duty vehicle purchases for the same or lighter weight subclasses.
These credits may not be used to demonstrate compliance with required
HDV purchases for vehicles of heavier weight subclasses than the weight
subclass of the vehicle which generated the credits.
Sec. 88.305-94 Clean-fuel fleet vehicle labeling requirements for heavy-duty vehicles.
(a) All clean-fuel heavy-duty engines and vehicles used as LEVs,
ULEVs, and ZEVs that are also regulated under 40 CFR part 86 shall
comply with the labeling requirements of 40 CFR 86.095-35 (or later
applicable sections), and shall also include an unconditional statement
on the label indicating that the engine or vehicle is a LEV, ULEV, or
ZEV, and meets all of the applicable requirements of this part 88.
(b) All heavy-duty clean-fuel fleet vehicles not regulated under 40
CFR part 86 shall have a permanent legible label affixed to the engine
or vehicle in a readily visible location, which contains the following
information:
(1) The label heading: vehicle emissions classification information
(e.g., ``This is a Low Emission Vehicle'');
(2) Full corporate name and trademark of the manufacturer;
(3) A statement that this engine or vehicle meets all applicable
requirements of the U.S. Environmental Protection Agency clean-fuel
fleet vehicle program, as described in this part 88, but not necessarily
those requirements found in 40 CFR part 86.
[59 FR 50080, Sept. 30, 1994]
Sec. 88.306-94 Requirements for a converted vehicle to qualify as a clean-fuel fleet vehicle.
(a) For purposes of meeting the requirements of section 246 of the
Clean Air Act or the SIP revisions, conversions of engines or vehicles
which satisfy the requirements of this section shall be treated as a
purchase of a clean-fuel vehicle under subpart C of this part.
(b) The engine or vehicle must be converted using a conversion
configuration which has been certified according to the provisions of 40
CFR part 86 using applicable emission standards
[[Page 28]]
and other provisions from part 88 for clean-fuel engines and vehicles.
The following requirements will also apply:
(1) If the installation of the certified conversion configuration is
performed by an entity other than aftermarket conversion certifier, the
aftermarket conversion certifier shall submit a list of such installers
to the Administrator. Additional installers must be added to this list
and the revised list submitted to the Administrator within 5 working
days from the time they are authorized to perform conversion
installations by the clean-fuel vehicle aftermarket conversion
certifier.
(2) If the installation of the certified conversion configuration is
performed by an entity other than the certificate holder, the
certificate holder shall provide instructions for installation of the
aftermarket conversion system to installers listed on the certificate,
and ensure that the systems are properly installed.
(3) For the purpose of determining whether certification under the
Small-Volume Manufacturers Certification Program pursuant to the
requirements of 40 CFR 86.094-14 is permitted, the 10,000 sales volume
limit in 40 CFR 86.094-14(b)(1) is waived for a certifier of a clean-
fuel vehicle aftermarket conversion.
(4) Clean-fuel vehicle aftermarket conversion certifiers that are
subject to the post-installation emissions testing requirements in
paragraph (c) of this section and who will satisfy these requirements by
using the two speed idle test procedure detailed in paragraph (c)(2)(ii)
of this section must conduct the following testing at the time of
certification in order to generate the required certification CO
emissions reference values. The certification CO emissions reference
values generated must be submitted to the Administrator at the time of
application for certification.
(i) For dual and flexible fuel vehicles, certification reference
values must be generated for each certification test fuel required for
exhaust emissions testing pursuant to 40 CFR 86.113 or 40 CFR 86.1313.
(ii) For light-duty vehicles and light-duty trucks the test fuels
used during the emissions testing required by paragraph (b)(3) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.113. For heavy-duty engines the test fuels
used during the emissions testing required by paragraph (b)(3) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.1313.
(iii) Single, consecutive idle mode and high-speed mode segments of
the two speed idle test must be conducted pursuant to the requirements
of 40 CFR 85.2215 and as modified by the provisions of paragraph
(c)(4)(ii)(D) of this section and this paragraph to determine the
required certification CO emission reference values.
(A) The certification CO emission reference value for the idle mode
of the test will be the simple average of all emissions measurements
taken during an idle mode of 90 seconds duration pursuant to the
requirements in 40 CFR 85.2215(a).
(B) The certification CO emission reference value for the high-speed
mode of the test will be the simple average of all emissions
measurements taken during a high-speed mode of 180 seconds duration
pursuant to the requirements in 40 CFR 85.2215(a).
(c) Except as provided in paragraph (c)(1) of this section, each
converted vehicle manufactured by a clean-fuel vehicle aftermarket
conversion certifier with aggregate sales of less than 10,000 converted
vehicles within a given calendar year must satisfy the post-installation
emissions testing requirements of paragraph (c)(2) of this section. If a
vehicle fails to satisfy the emissions testing requirements such vehicle
may not be considered a clean- fuel vehicle until such noncompliance is
rectified and compliance is demonstrated.
(1) A clean-fuel vehicle aftermarket conversion certifier with
estimated sales of 300 or fewer engines and vehicles in a calendar year
and which sells or converts vehicles outside of a non-attainment area
(as classified under subpart D of Title I) which has an inspection and
maintenance program that includes a test of carbon monoxide emissions
may submit a request to the Administrator for an exemption from
[[Page 29]]
the post-installation emission test requirements of paragraph (c) of
this section. If granted, such an exemption would apply to converted
vehicles that have the conversion installation performed outside of a
nonattainment area which has an inspection and maintenance program that
includes a test of carbon monoxide emissions.
(i) The request for exemption submitted to the Administrator must
include the following:
(A) The estimated number of engines and vehicles that will be
converted in the calendar year.
(B) Sufficient information to demonstrate that complying with the
post-installation emission test requirement represents a severe
financial hardship.
(C) A description of any emission related quality control procedures
used.
(ii) Within 120 days of receipt of the application for exemption,
the Administrator will notify the applicant either that an exemption is
granted or that sufficient cause for an exemption has not been
demonstrated and that all of the clean-fuel vehicle aftermarket
conversion certifier's vehicles are subject to the post-installation
test requirement of paragraph (c)(2) of this section.
(iii) If the clean-fuel vehicle aftermarket conversion certifier
granted an exemption originally estimates that 300 or fewer conversions
would be performed in the calendar year, and then later revises the
estimate to more than 300 for the year, the certifier shall inform the
Administrator of such revision. A post-installation emissions test for
each conversion performed after the estimate is revised is required
pursuant to the requirements of paragraph (c)(2) of this section. The
estimated number of conversions from such a clean-fuel vehicle
aftermarket conversion certifier must be greater than 300 in the
following calendar year.
(2) A clean-fuel vehicle aftermarket conversion certifier with
aggregate sales less than 10,000 converted vehicles within a given
calendar year shall conduct post-installation emissions testing using
either of the following test methods:
(i) The carbon monoxide (CO) emissions of the converted vehicle must
be determined in the manner in which CO emissions are determined
according to the inspection and maintenance requirements applicable in
the area in which the vehicle is converted or is expected to be
operated.
(A) For dual-fuel vehicles, a separate test is required for each
fuel on which the vehicle is capable of operating. For flexible fuel
vehicles, a single test is required on a fuel that falls within the
range of fuel mixtures for which the vehicle was designed. The test
fuel(s) used must be commercially available.
(B) A converted vehicle shall be considered to meet the requirements
of this paragraph if the vehicle's measured exhaust CO concentration(s)
is lower than the cutpoint(s) used to determine CO pass/fail under the
inspection and maintenance program in the area in which the conversion
is expected to be operated.
(1) If CO pass/fail criteria are not available for a vehicle fuel
type then pass/fail criteria specific to gasoline use are to be used for
vehicles of that fuel type.
(2) [Reserved].
(ii) The carbon monoxide (CO) emissions of the converted vehicle
must be determined in the manner specified in the two speed idle test-
EPA 91 found in 40 CFR 85.2215. All provisions in the two speed idle
test must be observed except as detailed in paragraph (c)(2)(ii)(D) of
this section.
(A) For dual and flexible fuel vehicles, a separate test is required
for each certification test fuel required for exhaust emissions testing
pursuant to 40 CFR 86.113 or 40 CFR 86.1313.
(B) For light-duty vehicles and light-duty trucks the test fuels
used during the emissions testing required by paragraph (c)(4) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.113. For heavy-duty engines the test fuels
used during the emissions testing required by paragraph (c)(2) of this
section must comply with the fuel specifications for exhaust emissions
testing found in 40 CFR 86.1313.
(C) A converted vehicle shall be considered to meet the requirements
of this paragraph if the following criteria are satisfied:
(1) The vehicle's measured idle mode exhaust CO concentration(s)
must be lower than the sum of 0.4 percent CO
[[Page 30]]
plus the idle mode certification CO emissions reference value as
determined according to the requirements of paragraph (b)(3) of this
section.
(2) The vehicle's measured high-speed mode exhaust CO
concentration(s) must be lower than the sum of 0.4 percent CO plus the
high-speed certification CO emissions reference value as determined
according to the requirements of paragraph (b)(3) of this section.
(D) For the purposes of the post-installation emissions testing
required by paragraph (c) of this section, the following adjustments to
the two speed idle test-EPA 91 in 40 CFR 85.2215 are necessary.
(1) Testing of hydrocarbon emissions and equipment associated solely
with hydrocarbon emissions testing is not required.
(2) The CO emissions pass/fail criteria in 40 CFR 85.2215(a)(2),
(c)(1)(ii)(A), (c)(2)(ii)(A)(1), (c)(2)(iii)(A)(1), and (d)(3)(i) are to
be replaced with the pass/fail criteria detailed in paragraph
(c)(2)(ii)(C) of this section. All HC pass/fail criteria in 40 CFR
85.2215 do not apply.
(3) The void test criteria in 40 CFR 85.2215(a)(3) and (b)(2)(iv)
associated with maintaining the measured concentration of CO plus
CO2 above six percent does not apply. However, the Administrator
may reconsider requiring that the void test criteria in 40 CFR
85.2215(a)(3) and (b)(2)(iv) be applied, and may issue an advisory
memorandum to this effect in the future.
(4) The ambient temperature levels encountered by the vehicle during
testing must comply with the specifications in 40 CFR 86.130 or 40 CFR
86.1330.
(d) The clean-fuel vehicle aftermarket conversion certifier shall be
considered a manufacturer for purposes of Clean Air Act sections 206 and
207 and related enforcement provisions, and must accept liability for
in-use performance of all the vehicles produced under the certificate of
conformity as outlined in 40 CFR part 85.
(1) The useful life period for the purposes of determining the in-
use liability of the clean-fuel vehicle aftermarket conversion certifier
shall be the original useful life of the vehicle prior to conversion.
(2) [Reserved]
(e) Tampering. (1) The conversion from an engine or vehicle capable
of operating on gasoline or diesel fuel only to a clean-fuel engine or
vehicle shall not be considered a violation of the tampering provisions
of Clean Air Act section 203(a)(3), if such conversion is done pursuant
to a conversion configuration certificate by the aftermarket conversion
certifier or by an installer listed on the certificate.
(2) In order to comply with the provisions of this subpart, an
aftermarket conversion installer must:
(i) Install a certified aftermarket conversion system for which the
installer is listed by the certifier; and
(ii) Perform such installation according to instructions provided by
the aftermarket conversion certifier.
(f) Data collection. The clean-fuel vehicle aftermarket conversion
certifier is responsible for maintaining records of each engine and
vehicle converted for use in the Clean Fuel Fleets program for a period
of 5 years. The records are to include the engine or vehicle make,
engine or vehicle model, engine or vehicle model year, and engine or
vehicle identification number of converted engines and vehicles; the
certification number of the conversion configuration; the brand names
and part numbers of the parts included in the conversion configuration;
the date of the conversion and the facility at which the conversion was
performed; and the results of post-installation emissions testing if
required pursuant to paragraph (c) of this section.
[59 FR 50080, Sept. 30, 1994, as amended at 61 FR 129, Jan. 3, 1996]
Sec. 88.307-94 Exemption from temporal transportation control measures for CFFVs.
(a) States with covered areas shall exempt any CFFV required by law
to participate in the clean-fuel fleet program or any vehicle generating
credits under Sec. 88.304-94(c) from transportation control measures
(TCMs) existing wholly or partially for air quality reasons included in
an approved state implementation plan which restrict vehicle usage based
primarily on temporal
[[Page 31]]
considerations, such as time-of-day and day-of-week exemptions. However,
CFFVs shall not qualify for TCMs where the temporal element is secondary
to some other control element and, in no case, shall such exemptions
apply if they create a clear and direct safety hazard. This exemption
does not include access to high occupancy vehicle (HOV) lanes, except as
provided in Sec. 88.313-93.
(b) States shall also grant temporal TCM exemptions to qualifying
CFFVs being operated after SIP approval, but prior to the effective date
for commencement of a state's CFFV credit program.
(c) Temporal TCM exemptions provided for in paragraph (a) of this
section are not effective outside of the areas for which states can be
required to establish CFFV credit programs.
(1) Such exemptions shall remain effective only while the subject
vehicle remains in compliance with applicable CFFV emissions standards
and other CFFV credit program requirements.
(2) CFFV TCM exemptions shall not be transferred between vehicles
within the same fleet nor shall they be sold or traded.
Sec. 88.308-94 Programmatic requirements for clean-fuel fleet vehicles.
Multi-State nonattainment areas. The states comprising a multi-State
nonattainment area shall, to the greatest extent possible, promulgate
consistent clean-fuel fleet vehicle programs.
[59 FR 50082, Sept. 30, 1994]
88.309 [Reserved]
Sec. 88.310-94 Applicability to covered federal fleets.
(a) Compliance by Federal vehicles. As per section 258(a) of the
Act, fleets owned or operated by any agency, department, or
instrumentality of the United States shall comply with the applicable
state regulations concerning CFFVs established in the SIP revision. Such
fleets shall be treated in the same manner as private or other
government fleets under the applicable state regulations.
(1) Federal agencies shall obtain CFFVs from original equipment
manufacturers, to the extent possible, as required under section 248 of
the CAA.
(2) The Secretary of Defense may exempt any vehicle(s) from the
provisions of any CFFV credit program established in the SIP revision by
certifying to the Administrator in writing that inclusion of the
specified vehicle(s) in such a program could have an adverse impact on
the national security. The Secretary of Defense shall also provide a
copy of this statement of exemption to the state agency administering
the CFFV credit program in the covered area in which the specified
vehicle(s) is registered/operated.
(b) [Reserved]
Sec. 88.311-93 Emissions standards for Inherently Low-Emission Vehicles.
(a) Certification. (1) Emissions Testing Procedures. A vehicle shall
be certified as an ILEV if that vehicle satisfies the following
conditions:
(i) The vehicle shall be certified under the appropriate exhaust
emissions standards from paragraph (c) or (d) of this section depending
on the vehicle's weight classification.
(ii) The vehicle shall be certified as having fuel vapor emissions
which are five or less total grams per test as measured by the current
Federal Test Procedure (FTP), modified for ILEV certification, from 40
CFR part 86, subpart B for LDVs and LDTs and from 40 CFR part 86,
subpart M for HDVs.
(A) After disabling any and all auxiliary emission control devices
(canister, purge system, etc.) related to control of evaporative
emissions, the fuel vapor emissions shall be measured using the FTP
regulations in effect at the time the vehicle is to be certified as an
ILEV. For purposes of this section, the vehicle's fuel vapor emissions
shall consist of the total grams of diurnal, hot soak, running loss, and
resting loss emissions, as appropriate, for the particular fuel/vehicle/
engine combination to be tested. In determining ILEV evaporative
emissions, the diurnal emissions measurement procedure shall consist of
a single diurnal heat build using an ambient or fuel temperature range
of 72 deg.-96 deg.F (22 deg.-36 deg.C), as appropriate for the
applicable FTP regulations (40 CFR part 86).
[[Page 32]]
(B) Conventional Federal Test Procedure. A vehicle with no
evaporative emissions control system components may have its evaporative
emissions certified for its particular GVWR weight class/subclass if it
passes the conventional evaporative emissions FTP from 40 CFR part 86,
subpart B for LDVs and LDTs or from 40 CFR part 86, subpart M for HDVs,
as applicable.
(iii) The vehicle must meet other special requirements applicable to
conventional or clean-fuel vehicles and their fuels as described in any
other parts of this chapter, including 40 CFR parts 86 and 88.
(2) Vehicles which have a closed or sealed fuel system may be
certified at the administrator's option by engineering evaluation in
lieu of testing. These vehicles will be certified as ILEVs only if a
leak in the fuel system would result in the vehicle becoming inoperative
due to loss of fuel supply, or if half the fuel escapes within 24 hours.
(b) Identification. In the application for a vehicle's certification
as an ILEV, the manufacturer or the manufacturer's agent shall provide
for positive identification of the vehicle's status as an ILEV in the
vehicle's Vehicle Emission Control Information (VECI) label in
accordance with 40 CFR 86.094-35 and 86.095-35. The label shall contain
a highlighted statement (e.g., underscored or boldface letters) that the
vehicle is certified to applicable emission standards for ILEV exhaust
and evaporative emission standards.
(c) Light-duty vehicles and light-duty trucks. ILEVs in LDV and LDT
classes shall have exhaust emissions which do not exceed the LEV exhaust
emission standards for NMOG, CO, HCHO, and PM and the ULEV exhaust
emission standards for NOx listed in Tables A104-1 through A104-6
for light-duty CFVs. Exhaust emissions shall be measured in accordance
with the test procedures specified in Sec. 88.104-94(k). An ILEV must be
able to operate on only one fuel, or must be certified as an ILEV on all
fuels on which it can operate. These vehicles shall also comply with all
requirements of 40 CFR part 86 which are applicable to conventional
gasoline-fueled, methanol-fueled, diesel-fueled, natural gas-fueled or
liquified petroleum gas-fueled LDVs/LDTs of the same vehicle class and
model year.
(d) Heavy-duty vehicles. ILEVs in the HDV class shall have exhaust
emissions which do not exceed the exhaust emission standards in grams
per brake horsepower-hour listed in Sec. 88.105-94(d). Exhaust emissions
shall be measured in accordance with the test procedures specified in
Sec. 88.105-94(e). An ILEV must be able to operate on only one fuel, or
must be certified as an ILEV on all fuels on which it can operate. These
vehicles shall also comply with all requirements of 40 CFR part 86 which
are applicable in the case of conventional gasoline-fueled, methanol-
fueled, diesel-fueled, natural gas-fueled or liquified petroleum gas-
fueled HDVs of the same weight class and model year.
(e) Applicability. State actions to opt out of the clean-fuel fleet
program under section 182(c) of the Act do not affect the applicability
of the ILEV program in the affected states.
[57 FR 60046, Dec. 17, 1992, as amended at 59 FR 48536, Sept. 21, 1994;
59 FR 50082, Sept. 30, 1994, 61 FR 127, Jan. 3, 1996]
Sec. 88.311-98 Emissions standards for Inherently Low-Emission Vehicles.
Section 88.311-98 includes text that specifies requirements that
differ from Sec. 88.311-93. Where a paragraph in Sec. 88.311-93 is
identical and applicable to Sec. 88.311-98, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec. 88.311-93.''
(a) heading through (a)(1)(ii) [Reserved]. For guidance see
Sec. 88.311-93.
(iii) The vehicle must meet other special requirements applicable to
conventional or clean-fuel vehicles and their fuels as described in any
other regulations in 40 CFR chapter I, subchapter C, including 40 CFR
parts 86 and 88 (e.g., onboard refueling provisions).
(b) through (e) [Reserved]. For guidance see Sec. 88.311-93.
[59 FR 16309, Apr. 6, 1994]
Effective Date Note: The new information collection requirements for
Sec. 88.311-98 published in the Federal Register at 59 FR 16309, Apr. 6,
1994, which apply to 1998 and later model year vehicles, have not been
approved by the Office of Management and Budget (OMB) and are not
effective. The Environmental Protection Agency will publish
[[Page 33]]
a document once OMB approves the information collection requirements.
Sec. 88.312-93 Inherently Low-Emission Vehicle labeling.
(a) Label design. (1) Label design shall consist of either of the
following specifications:
(i) The label shall consist of a white rectangular background,
approximately 12 inches (30 centimeters) high by 18 inches (45
centimeters) wide, with ``CLEAN AIR VEHICLE'' printed in contrasting
block capital letters at least 4.3 inches (10.6 centimeters) tall and
1.8 inches (4.4 centimeters) wide with a stroke width not less than 0.5
inches (1.3 centimeters). In addition, the words ``INHERENTLY LOW-
EMISSION VEHICLE'' must be present in lettering no smaller than 1 inch
(2.5 centimeters) high. Nothing shall be added to the label which
impairs readability. Labels shall include a serialized identification
number; or
(ii) The label shall consist of a white truncated-circular
background, approximately 10 inches (25 centimeters) in diameter by 7
inches (17.5 centimeters) in height. The bottom edge of the truncated-
circular background shall be approximately 2 inches (5 centimeters) from
the center. The acronym ``ILEV'' shall be printed on the label in
contrasting block capital letters at least 2 inches (5 centimeters) tall
and 1.5 inches (3.8 centimeters) wide with a stroke width not less than
0.4 inches (1.0 centimeter). In addition, the words ``CLEAN AIR
VEHICLE'' must be present in lettering no smaller than 0.8 inches (2.0
centimeters) high. Nothing shall be added to the label which impairs
readability. Labels shall include a serialized identification number.
(2) The ILEV label shall be fabricated or affixed to a vehicle in
such a manner that its removal from the vehicle cannot be accomplished
without defacing or destroying the label in whole or in part.
(3) Along with the manufacturer's application to certify a
particular ILEV engine class, the manufacturer or the manufacturer's
agent shall submit to EPA ILEV labels or reasonable facsimiles of the
types which may be mounted on a certified ILEV vehicle of that class.
(b) Eligibility. Vehicle manufacturers or their agents must install
ILEV labels on a certified ILEV vehicle at the time of its sale to an
eligible fleet owner if the vehicle is to be eligible for expanded TCM
exemptions. An eligible fleet owner is one who is in a covered area and
owns a total of at least ten motor vehicles (including the ILEV(s) being
purchased) which operate in the owner's fleet. All of the following
shall be provided to demonstrate eligibility: Photocopies of no less
than nine motor vehicle registrations indicating registration in the
ILEV purchaser's name, a signed statement by the ILEV purchaser that
these vehicles are operational in the purchaser's fleet and that the
ILEV being purchased will also be operated in this fleet, and a signed
statement by the ILEV purchaser that the ILEV labels will be removed and
disposed of when the vehicle is sold, given, leased (except as part of a
daily rental fleet), or offered for long-term loan to someone who has
not demonstrated eligibility for expanded TCMs available to ILEVs
according to these criteria.
(c) ILEV Label installation. (1) Except as provided for in this
paragraph (c), no person shall attach an ILEV label or any facsimile of
an ILEV label to any vehicle.
(2)(i) The manufacturer or the manufacturer's agent shall attach
three labels on the vehicle in plain sight: One on the rear of the
vehicle and one on each of two sides of the vehicle. Each label shall
conform to the specifications of paragraph (a) of this section.
(ii) In the case that an ILEV label of the proportions specified in
paragraph (a)(1) of this section cannot be attached to the rear of the
ILEV, the manufacturer or the manufacturer's agent shall attach to the
rear of the vehicle an ILEV label of either of the following
proportions:
(A) The label shall consist of a white rectangular background,
approximately 4 inches (10 centimeters) high by 24 inches (60
centimeters) wide, with ``CLEAN AIR VEHICLE'' printed in contrasting
block capital letters at least 2.8 inches (7 centimeters) tall and 1.3
inches (3.3 centimeters) wide with a
[[Page 34]]
stroke width not less than 0.3 inches (0.8 centimeter). In addition, the
words ``INHERENTLY LOW-EMISSION VEHICLE'' must be present in lettering
no smaller than 0.6 inches (1.5 centimeters) high. Nothing shall be
added to the label which impairs readability. Labels shall include a
serialized identification number; or
(B) The label shall consist of a white truncated-circular
background, approximately 5 inches (12.5 centimeters) in diameter by 3.5
inches (8.8 centimeters) in height. The bottom edge of the truncated-
circular background shall be approximately 1 inch (2.5 centimeters) from
the center. The acronym ``ILEV'' shall be printed on the label in
contrasting block capital letters at least 1 inch (2.5 centimeters) tall
and 0.8 inches (2.0 centimeters) wide with a stroke width not less than
0.3 inches (0.8 centimeters). In addition, the words ``CLEAN AIR
VEHICLE'' must be present in lettering no smaller than 0.4 inches (1.0
centimeter) high. Nothing shall be added to the label which impairs
readability. Labels shall include a serialized identification number.
(d) Label removal. Fleet ILEV owners shall remove and dispose of the
ILEV labels on a vehicle before selling or transferring ownership of an
ILEV or offering it for lease (unless the ILEV is part of a daily rental
fleet) or long-term loan. This provision shall not apply if the person
who is receiving the vehicle demonstrates eligibility for expanded TCM
exemptions under the federal ILEV program as described in paragraph (b)
of this section, or is otherwise qualified under state regulations which
expressly expand ILEV label eligibility.
(e) Label replacement. (1) The manufacturer shall make replacement
ILEV labels available to the fleet owner of a qualifying ILEV to replace
any ILEV label which has been lost or removed due to vehicle damage,
repair, sale, or lease. The fleet owner's request shall include proof of
ownership of the ILEV in question and proof of the fleet owner's
eligibility for ILEV TCM exemptions, as outlined in paragraph (c) of
this section. Each label shall be imprinted with the same serial number
as initially assigned to the damaged/missing ILEV label(s) for that
vehicle. Any portion of a damaged label remaining on the ILEV shall be
removed from the vehicle and submitted with the request as proof of
loss.
(2) Upon receipt of the replacement ILEV label(s), the fleet owner
shall attach the new ILEV label(s) only to the vehicle for which
replacement ILEV label(s) were requested.
[58 FR 11901, Mar. 1, 1993, as amended at 61 FR 128, Jan. 3, 1996]
Sec. 88.313-93 Incentives for the purchase of Inherently Low-Emission Vehicles.
(a) Administration. (1) The incentives granted to ILEVs provided in
this section are not effective outside of nonattainment areas for which
states are required to establish CFFV programs under section 246 of the
CAA, unless specifically added by states for qualifying vehicles.
(2) Incentives for purchasing ILEVs shall not be transferred between
vehicles within the same fleet nor shall they be sold or traded.
(3) No vehicle over 26,000 pounds (11,800 kilograms) GVWR shall be
eligible for the following ILEV incentives.
(b) Exemption from temporal TCMs. A fleet vehicle which has been
certified and labeled as an ILEV according to the provisions of this
section and which continues to be in compliance with applicable
emissions standards and other ILEV program requirements shall be
exempted from TCMs existing for air quality reasons included in approved
state implementation plans which restrict vehicle usage based primarily
on temporal considerations, such as time-of-day and day-of-week
exemptions.
(c) Exemption from high-occupancy vehicle lane restrictions. (1) A
fleet vehicle which has been certified and labeled as an ILEV according
to the provisions of Secs. 88.311 and 88.312 and which continues to be
in compliance with applicable emissions standards and other ILEV program
requirements shall be exempt from TCMs which restrict a vehicle's access
to certain roadway lanes based
[[Page 35]]
on the number of occupants in that vehicle, usually known as high-
occupancy vehicle (HOV) lanes. These exemptions shall not apply if they
would create a clear and direct safety hazard.
(2) In a state containing a covered area, or areas, the governor may
petition the Administrator for a waiver from the exemption from HOV lane
restrictions for ILEVs for any section of HOV lane in the covered
area(s) that can be shown to be congested primarily due to the operation
or projected operation of ILEVs. The waiver application shall
demonstrate the infeasibility of other means of alleviating HOV/CAV lane
congestion, such as adding an additional HOV/CAV lane, further
increasing vehicle occupancy requirements and reducing the use of the
lane by noneligible vehicles.
Tables to Subpart C of Part 88
Table C94-1.--Fleet Credit Table Based on Reduction in NMOG. Vehicle Equivalents for Light-Duty Vehicles and
Light-Duty Trucks
Table C94-1.1.--Credit Generation: Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDV, LDT 6000 eq>6000 GVWR, LDT >6000 GVWR, LDT >6000 GVWR, LDT >6000
NMOG GVWR, 3750 LVW 3750 >3750 ALVW 5750
eq>3750 LVW thn-eq>5750 LVW ALVW thn-eq>5750 ALVW
ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.26 0.71 0.91 1.11
ULEV........................... 1.20 1.54 1.00 1.26 1.56
ZEV............................ 1.43 1.83 1.43 1.83 2.23
----------------------------------------------------------------------------------------------------------------
Table C94-1.2.--Credit Generation: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDV, LDT 6000
thn-eq>6000 eq>6000 GVWR, LDT >6000 GVWR, >3750 LDT >6000
NMOG GVWR, 3750 LVW 3750 LVW thn-eq>5750 LVW eq>3750 ALVW eq>5750 ALVW >5750 ALVW
----------------------------------------------------------------------------------------------------------------
LEV........................... 0.00 0.00 0.00 0.00 0.00
ULEV.......................... 0.20 0.29 0.29 0.34 0.45
ZEV........................... 0.43 0.57 0.71 0.91 1.11
----------------------------------------------------------------------------------------------------------------
Table C94-1.3.--Credit Needed in Lieu of Purchasing a LEV To Meet the Mandate
--------------------------------------------------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 GVWR, 5750 LVW eq>3750 ALVW ALVW 5750 ALVW
eq>3750 LVW eq>5750 ALVW
--------------------------------------------------------------------------------------------------------------------------------------------------------
LEV................................................................ 1.00 1.26 0.71 0.91 1.11
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table C94-2.--Fleet Credit Table Based on Reduction in NMOG+NOx. Vehicle Equivalents for Light-Duty Vehicles and
Light-Duty Trucks
Table C94-2.1.--Credit Generation: Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
NMOG+NOX GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.39 0.33 0.43 0.52
[[Page 36]]
ULEV........................... 1.09 1.52 1.00 1.39 2.06
ZEV............................ 1.73 2.72 1.73 2.72 3.97
----------------------------------------------------------------------------------------------------------------
Table C94-2.2.--Credit Generation: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
NMOG+NOX GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 0.00 0.00 0.00 0.00 0.00
ULEV........................... 0.09 0.13 0.67 0.96 1.54
ZEV............................ 0.73 1.34 1.40 2.29 3.45
----------------------------------------------------------------------------------------------------------------
Table C94-2.3.--Credit Needed in Lieu of Purchasing a LEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000
thn-eq>6000 >3750 LVW 6000 GVWR, GVWR, >3750 LDT >6000
NMOG+NOX GVWR, 5750 LVW 3750 ALVW 3750 LVW ALVW eq>5750 ALVW >5750 ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.39 0.33 0.43 0.52
----------------------------------------------------------------------------------------------------------------
Table C94-3.--Fleet Credit Table Based on Reduction in Carbon Monoxide. Vehicle Equivalents for Light-Duty
Vehicles and Light-Duty Trucks
Table C94-3.1.--Credit Generation: Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000
thn-eq>6000 >3750 LVW 6000 GVWR, GVWR, >3750 LDT >6000
CO GVWR, 5750 LVW 3750 ALVW 3750 LVW ALVW eq>5750 ALVW >5750 ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.00 1.00 1.00 1.00
ULEV........................... 2.00 2.29 2.00 2.29 2.47
ZEV............................ 3.00 3.59 3.00 3.59 3.94
----------------------------------------------------------------------------------------------------------------
Table C94-3.2.--Credit Generation: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
CO GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 0.00 0.00 0.00 0.00 0.00
ULEV........................... 1.00 1.00 1.00 1.00 1.00
[[Page 37]]
ZEV............................ 2.00 2.29 2.00 2.29 2.47
----------------------------------------------------------------------------------------------------------------
Table C94-3.3.--Credit Needed in Lieu of Purchasing a LEV To Meet The Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT >6000 LDT >6000
thn-eq>6000 >3750 LVW 3750 LDT >6000
CO GVWR, 5750 LVW eq>3750 ALVW ALVW 3750 LVW eq>5750 ALVW >5750 ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.00 1.00 1.00 1.00
----------------------------------------------------------------------------------------------------------------
Table C94-4.--Fleet Credit Table Based on Reduction in NMHC+NOX. Vehicle
Equivalents for Heavy-Duty Vehicles--Table C94-4.1.--Credit Generation:
Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
------------------------------------------------------------------------
Light Medium Heavy
NMHC+NOX HDV HDV HDV
------------------------------------------------------------------------
LEV....................................... 1.00 1.00 1.00
ULEV...................................... 1.87 1.87 1.87
ZEV....................................... 3.53 3.53 3.53
------------------------------------------------------------------------
Table C94-4.2.--Credit Generation: Purchasing a ULEV or ZEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
NMHC+NOX HDV HDV
------------------------------------------------------------------------
LEV................................................. 0.00 0.00
ULEV................................................ 0.87 0.87
ZEV................................................. 2.53 2.53
------------------------------------------------------------------------
Table C94-4.3.--Credit Needed in Lieu of Purchasing a LEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
NMHC+NOX HDV HDV
------------------------------------------------------------------------
LEV................................................. 1.00 1.00
------------------------------------------------------------------------
Table C94-5.--Fleet Credit Table Based on Reduction in Co. Vehicle
Equivalents for Heavy-Duty Vehicles--Table C94-5.1.--Credit Generation:
Purchasing More Clean-Fuel Vehicles Than Required by the Mandate
------------------------------------------------------------------------
Light Medium Heavy
CO HDV HDV HDV
------------------------------------------------------------------------
LEV....................................... 1.00 1.00 1.00
ULEV...................................... 2.00 2.00 2.00
ZEV....................................... 3.00 3.00 3.00
------------------------------------------------------------------------
Table C94-5.2.--Credit Generation: Purchasing a ULEV or ZEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
CO HDV HDV
------------------------------------------------------------------------
LEV................................................. 0.00 0.00
ULEV................................................ 1.00 1.00
ZEV................................................. 2.00 2.00
------------------------------------------------------------------------
Table C94-5.3.--Credit Needed in Lieu of Purchasing a LEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
CO HDV HDV
------------------------------------------------------------------------
LEV................................................. 1.00 1.00
------------------------------------------------------------------------
[58 FR 11901, Mar. 1, 1993, as amended at 59 FR 50082, Sept. 30, 1994,
61 FR 128, Jan. 3, 1996]
[[Page 38]]
PART 89--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD ENGINES--Table of Contents
Subpart A--General
Sec.
89.1 Applicability.
89.2 Definitions.
89.3 Acronyms and abbreviations.
89.4 Section numbering.
89.5 Table and figure numbering; position.
89.6 Reference materials.
89.7 Treatment of confidential information.
Appendix A to Subpart A--Internal Combustion Engines Manufactured Prior
to July 18, 1994
Subpart B--Emission Standards and Certification Provisions
89.101-96 Applicability.
89.102-96 Effective dates, optional inclusion.
89.103-96 Definitions.
89.104-96 Useful life, recall, and warranty periods.
89.105-96 Certificate of conformity.
89.106-96 Prohibited controls.
89.107-96 Defeat devices.
89.108-96 Adjustable parameters, requirements.
89.109-96 Maintenance instructions.
89.110-96 Emission control information label.
89.111-96 Averaging, banking, and trading of exhaust emissions.
89.112-96 Oxides of nitrogen, carbon monoxide, hydrocarbon, and
particulate matter exhaust emission standards.
89.113-96 Smoke emission standard.
89.114-96 Special test procedures.
89.115-96 Application for certificate.
89.116-96 Engine families.
89.117-96 Test fleet selection.
89.118-96 Service accumulation.
89.119-96 Emission tests.
89.120-96 Compliance with emission standards.
89.121-96 Certificate of conformity effective dates.
89.122-96 Certification.
89.123-96 Amending the application and certificate of conformity.
89.124-96 Record retention, maintenance, and submission.
89.125-96 Production engines, annual report.
89.126-96 Denial, revocation of certificate of conformity.
89.127-96 Request for hearing.
89.128-96 Hearing procedures.
89.129-96 Right of entry.
Subpart C--Averaging, Banking, and Trading Provisions
89.201-96 Applicability.
89.202-96 Definitions.
89.203-96 General provisions.
89.204-96 Averaging.
89.205-96 Banking.
89.206-96 Trading.
89.207-96 Credit calculation.
89.208-96 Labeling.
89.209-96 Certification.
89.210-96 Maintenance of records.
89.211-96 End-of-year and final reports.
89.212-96 Notice of opportunity for hearing.
Subpart D--Emission Test Equipment Provisions
89.301-96 Scope; applicability.
89.302-96 Definitions.
89.303-96 Symbols/abbreviations.
89.304-96 Equipment required for gaseous emissions; overview.
89.305-96 Equipment measurement accuracy/calibration frequency.
89.306-96 Dynamometer specifications and calibration weights.
89.307-96 Dynamometer calibration.
89.308-96 Sampling system requirements for gaseous emissions.
89.309-96 Analyzers required for gaseous emissions.
89.310-96 Analyzer accuracy and specifications.
89.311-96 Analyzer calibration frequency.
89.312-96 Analytical gases.
89.313-96 Initial calibration of analyzers.
89.314-96 Pre- and post-test calibration of analyzers.
89.315-96 Analyzer bench checks.
89.316-96 Analyzer leakage and response time.
89.317-96 NOX converter check.
89.318-96 Analyzer interference checks.
89.319-96 Hydrocarbon analyzer calibration.
89.320-96 Carbon monoxide analyzer calibration.
89.321-96 Oxides of nitrogen analyzer calibration.
89.322-96 Carbon dioxide analyzer calibration.
89.323-96 NDIR analyzer calibration.
89.324-96 Calibration of other equipment.
89.325-96 Engine intake air temperature measurement.
89.326-96 Engine intake air humidity measurement.
89.327-96 Charge cooling.
89.328-96 Inlet and exhaust restrictions.
89.329-96 Engine cooling system.
89.330-96 Lubricating oil and test fuels.
89.331-96 Test conditions.
Appendix A to Subpart D--Tables
Appendix B to Subpart D--Figures
Subpart E--Exhaust Emission Test Procedures
89.401-96 Scope; applicability.
[[Page 39]]
89.402-96 Definitions.
89.403-96 Symbols/abbreviations.
89.404-96 Test procedure overview.
89.405-96 Recorded information.
89.406-96 Pre-test procedures.
89.407-96 Engine dynamometer test run.
89.408-96 Post-test procedures.
89.409-96 Data logging.
89.410-96 Engine test cycle.
89.411-96 Exhaust sample procedure--gaseous components.
89.412-96 Raw gaseous exhaust sampling and analytical system
description.
89.413-96 Raw sampling procedures.
89.414-96 Air flow measurement specifications.
89.415-96 Fuel flow measurement specifications.
89.416-96 Raw exhaust gas flow.
89.417-96 Data evaluation for gaseous emissions.
89.418-96 Raw emission sampling calculations.
89.419-96 Dilute gaseous exhaust sampling and analytical system
description.
89.420-96 Background sample.
89.421-96 Exhaust gas analytical system; CVS bag sample.
89.422-96 Dilute sampling procedures--CVS calibration.
89.423-96 CVS calibration frequency.
89.424-96 Dilute emission sampling calculations.
89.425-96 Particulate adjustment factor.
Appendix A to Subpart E--Figures
Appendix B to Subpart E--Table 1
Subpart F--Selective Enforcement Auditing
89.501-96 Applicability.
89.502-96 Definitions.
89.503-96 Test orders.
89.504-96 Testing by the Administrator.
89.505-96 Maintenance of records; submittal of information.
89.506-96 Right of entry and access.
89.507-96 Sample selection.
89.508-96 Test procedures.
89.509-96 Calculation and reporting of test results.
89.510-96 Compliance with acceptable quality level and passing and
failing criteria for selective enforcement audits.
89.511-96 Suspension and revocation of certificates of conformity.
89.512-96 Request for public hearing.
89.513-96 Administrative procedures for public hearing.
89.514-96 Hearing procedures.
89.515-96 Appeal of hearing decision.
89.516-96 Treatment of confidential information.
Appendix A to Subpart F--Sampling Plans for Selective Enforcement
Auditing of Nonroad Engines
Subpart G--Importation of Nonconforming Nonroad Engines
89.601-96 Applicability.
89.602-96 Definitions.
89.603-96 General requirements for importation of nonconforming nonroad
engines.
89.604-96 Conditional admission.
89.605-96 Final admission of certified nonroad engines.
89.606-96 Inspection and testing of imported nonroad engines.
89.607-96 Maintenance of independent commercial importer's records.
89.608-96 ``In Use'' inspections and recall requirements.
89.609-96 Final admission of modification nonroad engines and test
nonroad engines.
89.610-96 Maintenance instructions, warranties, emission labeling.
89.611-96 Exemptions and exclusions.
89.612-96 Prohibited acts; penalties.
89.613-96 Treatment of confidential information.
Subpart H--Recall Regulations
89.701 Applicability.
89.702 Definitions.
89.703 Applicability of part 85, subpart S.
Subpart I--Emission Defect Reporting Requirements
89.801 Applicability.
89.802 Definitions.
89.803 Applicability of part 85, subpart T.
Subpart J--Exemption Provisions
89.901 Applicability.
89.902 Definitions.
89.903 Application of section 216(10) of the Act.
89.904 Who may request an exemption.
89.905 Testing exemption.
89.906 Manufacturer-owned exemption and precertification exemption.
89.907 Display exemption.
89.908 National security exemption.
89.909 Export exemptions.
89.910 Granting of exemptions.
89.911 Submission of exemption requests.
89.912 Treatment of confidential information.
Subpart K--General Enforcement Provisions and Prohibited Acts
89.1001 Applicability.
89.1002 Definitions.
89.1003 Prohibited acts.
89.1004 General enforcement provisions.
[[Page 40]]
89.1005 Injunction proceedings for prohibited acts.
89.1006 Penalties.
89.1007 Warranty provisions.
89.1008 In-use compliance provisions.
Authority: Sections 202, 203, 204, 205, 206, 207, 208, 209, 213,
215, 216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7521,
7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and
7601(a)).
Source: 59 FR 31335, June 17, 1994, unless otherwise noted.
Subpart A--General
Sec. 89.1 Applicability.
(a) This part applies to nonroad compression-ignition engines that
have a gross power output at or above 37 kilowatts (kW) and that are
used for any purpose.
(b) The following nonroad engines are not subject to the provisions
of this part:
(1) Engines used in aircraft as defined in Sec. 87.1(a) of this
chapter;
(2) Engines used in underground mining or engines used in
underground mining equipment and regulated by the Mining Safety and
Health Administration (MSHA) in 30 CFR parts 7, 31, 32, 36, 56, 57, 70,
and 75;
(3) Engines used to propel a locomotive; and
(4) Engines used in marine vessels as defined in the General
Provisions of the United States Code, 1 U.S.C. 3 (1992).
Sec. 89.2 Definitions.
The following definitions apply to part 89. All terms not defined
herein have the meaning given them in the Act.
Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
Adjustable parameter means any device, system, or element of design
which is physically capable of being adjusted (including those which are
difficult to access) and which, if adjusted, may affect emissions or
engine performance during emission testing.
Administrator means the Administrator of the Environmental
Protection Agency or his or her authorized representative.
Auxiliary emission control device (AECD) means any element of design
that senses temperature, vehicle speed, engine RPM, transmission gear,
or any other parameter for the purpose of activating, modulating,
delaying, or deactivating the operation of any part of the emission
control system.
Certification means, with respect to new nonroad engines, obtaining
a certificate of conformity for an engine family complying with the
nonroad engine emission standards and requirements specified in this
part.
Emission control system means any device, system, or element of
design which controls or reduces the emission of substances from an
engine.
Engine, as used in this part, refers to nonroad engine.
Engine manufacturer means any person engaged in the manufacturing or
assembling of new nonroad engines or importing such engines for resale,
or who acts for and is under the control of any such person in
connection with the distribution of such engines. Engine manufacturer
does not include any dealer with respect to new nonroad engines received
by such person in commerce.
Engine used in a locomotive means either an engine placed in the
locomotive to move other equipment, freight, or passenger traffic, or an
engine mounted on the locomotive to provide auxiliary power.
EPA enforcement officer means any officer or employee of the
Environmental Protection Agency so designated in writing by the
Administrator (or by his or her designee).
Family emission limit (FEL) means an emission level that is declared
by the manufacturer to serve in lieu of an emission standard for
certification purposes and for the averaging, banking, and trading
program. A FEL must be expressed to the same number of decimal places as
the applicable emission standard.
Gross power means the power measured at the crankshaft or its
equivalent, the engine being equipped only with the standard accessories
(such as oil pumps, coolant pumps, and so forth) necessary for its
operation on the test bed. Alternators must be used, if necessary, to
run the engine. Fans, air conditioners, and other accessories may be
used at the discretion of the
[[Page 41]]
manufacturer, but no power adjustments for these accessories may be
made.
Identification number means a specification (for example, model
number/serial number combination) which allows a particular nonroad
engine to be distinguished from other similar engines.
Locomotive means a self-propelled piece of on-track equipment (other
than equipment designed for operation both on highways and rails,
specialized maintenance equipment, and other similar equipment) designed
for moving other equipment, freight or passenger traffic.
Model year (MY) means the manufacturer's annual new model production
period which includes January 1 of the calendar year, ends no later than
December 31 of the calendar year, and does not begin earlier than
January 2 of the previous calendar year. Where a manufacturer has no
annual new model production period, model year means calendar year.
New, for the purposes of this part, means a domestic or imported
nonroad engine, nonroad vehicle, or nonroad equipment the equitable or
legal title to which has never been transferred to an ultimate
purchaser. Where the equitable or legal title to the engine, vehicle, or
equipment is not transferred to an ultimate purchaser until after the
engine, vehicle or equipment is placed into service, then the engine,
vehicle, or equipment will no longer be new after it is placed into
service. A nonroad engine, vehicle, or equipment is placed into service
when it is used for its functional purposes.
Nonroad compression-ignition engine means a nonroad engine which
utilizes the compression-ignition combustion cycle.
Nonroad engine means:
(1) Except as discussed in paragraph (2) of this definition, a
nonroad engine is any internal combustion engine:
(i) in or on a piece of equipment that is self-propelled or serves a
dual purpose by both propelling itself and performing another function
(such as garden tractors, off-highway mobile cranes and bulldozers); or
(ii) in or on a piece of equipment that is intended to be propelled
while performing its function (such as lawnmowers and string trimmers);
or
(iii) that, by itself or in or on a piece of equipment, is portable
or transportable, meaning designed to be and capable of being carried or
moved from one location to another. Indicia of transportability include,
but are not limited to, wheels, skids, carrying handles, dolly, trailer,
or platform.
(2) An internal combustion engine is not a nonroad engine if:
(i) the engine is used to propel a motor vehicle or a vehicle used
solely for competition, or is subject to standards promulgated under
section 202 of the Act; or
(ii) the engine is regulated by a federal New Source Performance
Standard promulgated under section 111 of the Act; or
(iii) the engine otherwise included in paragraph (1)(iii) of this
definition remains or will remain at a location for more than 12
consecutive months or a shorter period of time for an engine located at
a seasonal source. A location is any single site at a building,
structure, facility, or installation. Any engine (or engines) that
replaces an engine at a location and that is intended to perform the
same or similar function as the engine replaced will be included in
calculating the consecutive time period. An engine located at a seasonal
source is an engine that remains at a seasonal source during the full
annual operating period of the seasonal source. A seasonal source is a
stationary source that remains in a single location on a permanent basis
(i.e., at least two years) and that operates at that single location
approximately three months (or more) each year. This paragraph does not
apply to an engine after the engine is removed from the location.
Nonroad equipment means equipment that is powered by nonroad
engines.
Nonroad vehicle means a vehicle that is powered by a nonroad engine
as defined in this section and that is not a motor vehicle or a vehicle
used solely for competition.
Nonroad vehicle or nonroad equipment manufacturer means any person
engaged in the manufacturing or assembling of new nonroad vehicles or
equipment or importing such vehicles or
[[Page 42]]
equipment for resale, or who acts for and is under the control of any
such person in connection with the distribution of such vehicles or
equipment. A nonroad vehicle or equipment manufacturer does not include
any dealer with respect to new nonroad vehicles or equipment received by
such person in commerce.
Opacity means the fraction of a beam of light, expressed in percent,
which fails to penetrate a plume of smoke.
Operating hours means:
(1) For engine storage areas or facilities, all times during which
personnel other than custodial personnel are at work in the vicinity of
the storage area or facility and have access to it.
(2) For all other areas or facilities, all times during which an
assembly line is in operation or all times during which testing,
maintenance, service accumulation, production or compilation of records,
or any other procedure or activity related to certification testing, to
translation of designs from the test stage to the production stage, or
to engine manufacture or assembly is being carried out in a facility.
Presentation of credentials means the display of the document
designating a person as an EPA enforcement officer or EPA authorized
representative.
Test fleet means the engine or group of engines that a manufacturer
uses during certification to determine compliance with emission
standards.
Ultimate purchaser means, with respect to any new nonroad engine,
new nonroad vehicle, or new nonroad equipment, the first person who in
good faith purchases such new nonroad engine, nonroad vehicle, or
nonroad equipment for purposes other than resale.
Used solely for competition means exhibiting features that are not
easily removed and that would render its use other than in competition
unsafe, impractical, or highly unlikely.
Sec. 89.3 Acronyms and abbreviations.
The following acronyms and abbreviations apply to part 89.
AECD Auxiliary emission control device.
ASME American Society of Mechanical
Engineers.
ASTM American Society for Testing and
Materials.
CAA Clean Air Act.
CAAA Clean Air Act Amendments of 1990.
CI Compression-ignition.
CO Carbon monoxide.
CO2 Carbon dioxide.
EPA Environmental Protection Agency.
FEL Family emission limit.
FTP Federal Test Procedure.
g/kW-hr Grams per kilowatt hour.
HC Hydrocarbons.
ICI Independent Commercial Importer.
kW Kilowatt.
NIST National Institute for Standards and
Testing.
NTIS National Technical Information
Service.
NO Nitric oxide.
NO2 Nitrogen dioxide.
NOX Oxides of nitrogen.
O2 Oxygen.
OEM Original equipment manufacturer.
SAE Society of Automotive Engineers.
SEA Selective Enforcement Auditing.
SI Spark-ignition.
U.S.C. United States Code.
VOC Volatile organic compounds.
Sec. 89.4 Section numbering.
(a) Sections are numbered sequentially by subpart.
(b) Where two different standards or requirements are concurrently
applicable, the model year of applicability is indicated by the number
following the main section number. The two digits following the hyphen
designate the first model year for which a section is effective.
Example: Section 89.304-96 applies to the 1996 and subsequent model
years until superseded. If a Sec. 89.304-98 is promulgated, it would
take effect beginning with the 1998 model year; Sec. 89.304-96 would
apply to model years 1996 through 1997. Therefore, in calendar year
1997, a manufacturer may be certifying both 1997 and 1998 model year
engines, requiring the use of different requirements concurrently.
Note: Model year 2000 and later will appear sequentially with 1999
and earlier based on the order of the last two digits of the year,
[[Page 43]]
not in calendar year order; that is, Sec. 89.304-03 will appear before
Sec. 89.304-99.
(c) A section without the model year designation is applicable to
all model years as designated in the applicability section for the
subpart or part or in the text of the section.
Sec. 89.5 Table and figure numbering; position.
(a) Tables for each subpart appear in an appendix at the end of the
subpart. Tables are numbered consecutively by order of appearance in the
appendix. The table title will indicate the model year (if applicable)
and the topic.
(b) Figures for each subpart appear in an appendix at the end of the
subpart. Figures are numbered consecutively by order of appearance in
the appendix. The figure title will indicate the model year (if
applicable) and the topic.
Sec. 89.6 Reference materials.
(a) Incorporation by reference. The documents in paragraph (b) of
this section have been incorporated by reference. The incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
inspected at US EPA, OAR, 401 M Street SW., Washington, DC 20460, or at
the Office of the Federal Register, 800 N. Capitol Street NW., Suite
700, Washington, DC.
(b) The following paragraphs and tables set forth the material that
has been incorporated by reference in this part.
(1) ASTM material. The following table sets forth material from the
American Society for Testing and Materials which has been incorporated
by reference. The first column lists the number and name of the
material. The second column lists the section(s) of this part, other
than Sec. 89.6, in which the matter is referenced. The second column is
presented for information only and may not be all inclusive. Copies of
these materials may be obtained from American Society for Testing and
Materials, 1916 Race St., Philadelphia, PA 19103.
----------------------------------------------------------------------------------------------------------------
Document number and name 40 CFR part 89 reference
----------------------------------------------------------------------------------------------------------------
ASTM D86-90:
Standard Test Method for Distillation of Petroleum Appendix A to Subpart D.
Products.
ASTM D93-90:
Standard Test Methods for Flash Point by Pensky- Appendix A to Subpart D.
Martens Closed Tester.
ASTM D129-91:
Standard Test Method for Sulfur in Petroleum Products Appendix A to Subpart D.
(General Bomb Method).
ASTM D287-92:
Standard Test Method for API Gravity of Crude Appendix A to Subpart D.
Petroleum and Petroleum Products (Hydrometer Method).
ASTM D445-88:
Standard Test Method for Kinematic Viscosity of Appendix A to Subpart D.
Transparent and Opaque Liquids (and the Calculation
of Dynamic Viscosity).
ASTM D613-86:
Standard Test Method for Ignition Quality of Diesel Appendix A to Subpart D.
Fuels by the Cetane Method.
ASTM D1319-89:
Standard Test Method for Hydrocarbon Types in Liquid Appendix A to Subpart D.
Petroleum Products by Fluorescent Indicator
Adsorption.
ASTM D2622-92:
Standard Test Method for Sulfur in Petroleum Products Appendix A to Subpart D.
by X-ray Spectrometry.
ASTM E29-90:
Standard Practice for Using Significant Digits in 89.207-96; 89.509-96.
Test Data to Determine Conformance with
Specifications.
----------------------------------------------------------------------------------------------------------------
(2) SAE material. The following table sets forth material from the
Society of Automotive Engineers which has been incorporated by
reference. The first column lists the number and name of the material.
The second column lists the section(s) of this part, other than
Sec. 89.6, in which the matter is referenced. The second column is
presented for information only and may not be all inclusive. Copies of
these materials may be obtained from Society of Automotive Engineers
International, 400 Commonwealth Dr., Warrendale, PA 15096-0001.
[[Page 44]]
------------------------------------------------------------------------
40 CFR part 89
Document number and name reference
------------------------------------------------------------------------
SAE J244 June 83:
Recommended Practice for Measurement of Intake Air
or Exhaust Gas Flow of Diesel Engines.............. 89.416-96
SAE J1937 November 89:
Recommended Practice for Engine Testing with Low
Temperature Charge Air Cooler Systems in a
Dynamometer Test Cell.............................. 89.327-96
SAE Paper 770141:
Optimization of a Flame Ionization Detector for
Determination of Hydrocarbon in Diluted Automotive
Exhausts, Glenn D. Reschke......................... 89.319-96
------------------------------------------------------------------------
(3) California Air Resources Board Test Procedure. The following
table sets forth material from the Title 13, California Code of
Regulations, Sections 2420-2427, as amended by California Air Resources
Board Resolution 92-2 and published in California Air Resources Board
mail out #93-42, September 1, 1993) which has been incorporated by
reference. The first column lists the number and name of the material.
The second column lists the section(s) of this part, other than
Sec. 89.6, in which the matter is referenced. The second column is
presented for information only and may not be all inclusive. Copies of
these materials may be obtained from California Air Resources Board,
Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, CA 91731-2990.
------------------------------------------------------------------------
40 CFR part 89
Document number and name reference
------------------------------------------------------------------------
California Regulations for New 1996 and Later Heavy-Duty
Off-Road Diesel Cycle Engines.......................... 89.112-96
89.119-96
89.508-96
------------------------------------------------------------------------
Sec. 89.7 Treatment of confidential information.
(a) Any manufacturer may assert that some or all of the information
submitted pursuant to this part is entitled to confidential treatment as
provided by part 2, subpart B of this chapter.
(b) Any claim of confidentiality must accompany the information at
the time it is submitted to EPA.
(c) To assert that information submitted pursuant to this part is
confidential, a manufacturer must indicate clearly the items of
information claimed confidential by marking, circling, bracketing,
stamping, or otherwise specifying the confidential information.
Furthermore, EPA requests, but does not require, that the submitter also
provide a second copy of its submittal from which all confidential
information has been deleted. If a need arises to publicly release
nonconfidential information, EPA will assume that the submitter has
accurately deleted the confidential information from this second copy.
(d) If a claim is made that some or all of the information submitted
pursuant to this part is entitled to confidential treatment, the
information covered by that confidentiality claim will be disclosed by
the Administrator only to the extent and by means of the procedures set
forth in part 2, subpart B of this chapter.
(e) Information provided without a claim of confidentiality at the
time of submission may be made available to the public by EPA without
further notice to the submitter, in accordance with
Sec. 2.204(c)(2)(i)(A) of this chapter.
Appendix A to Subpart A--Internal Combustion Engines Manufactured Prior
to July 18, 1994
This appendix sets forth the Environmental Protection Agency's
(EPA's) interpretation of the Clean Air Act regarding the status of
certain internal combustion engines manufactured before July 18, 1994,
(the effective date of the final rulemaking promulgating EPA's
definition of nonroad engine). This interpretation does not alter,
replace, supersede, or change the scope of subpart A. It is not final
agency action subject to judicial review.
1. EPA interprets the Clean Air Act as not precluding state
regulation of internal combustion engines manufactured prior to July
[[Page 45]]
18, 1994, except that state regulation of such engines that are used in
motor vehicles or vehicles used solely for competition is precluded. EPA
believes that the language of Clean Air Act section 302(z) generally
excluding emissions resulting directly from nonroad engines and nonroad
vehicles from the definition of stationary source could not be applied
until after the definition of nonroad engine was specified in final
regulations promulgated by EPA. EPA believes that if the exclusionary
language of section 302(z) were applied before EPA's definition of
nonroad engine became final, states would have been frustrated from
regulating internal combustion engines manufactured during that time,
given the uncertain nature of the definition of such engines. EPA
believes that Congress did not intend states to be prevented from
regulating these engines before a final EPA definition was promulgated.
EPA does not believe that Congress intended the exclusionary language of
section 302(z) regarding nonroad engines and vehicles to be applied
retroactively to engines, vehicles, and equipment regulated pursuant to
a permit issued before the date that the terms nonroad engine and
nonroad vehicle were defined.
2. EPA further believes that internal combustion engines
manufactured prior to July 18, 1994 are not preempted, under Clean Air
Act section 209, from state regulation. The two sections of the Act
preempting state regulation of nonroad engines, section 209(e)(1) and
section 209(a) (as incorporated by section 213(d)), refer to ``nonroad
engines subject to regulation under this Act'' or to engines ``subject
to this part'' (i.e., part A of title II of the Act). EPA believes that,
until EPA promulgated final regulations defining nonroad engines and
subjecting such engines to regulation, these engines were not preempted
from state regulation under the Act, as the engines were not yet defined
as nonroad engines, nor were they subject to any regulation under title
II of the Act. In the regulations with an effective date of July 18,
1994, EPA has issued final rules defining nonroad engines and, thus,
subjecting nonroad engines to regulation under part A of title II of the
Act. Accordingly, EPA believes that pursuant to Clean Air Act section
209, state regulation of new nonroad engines is preempted for engines
manufactured on or after that date, and is not preempted as to engines
manufactured before that date.
3. Moreover, EPA believes that states are not precluded under
section 209 from regulating the use and operation of nonroad engines,
such as regulations on hours of usage, daily mass emission limits, or
sulfur limits on fuel; nor are permits regulating such operations
precluded once the engine is placed into service or once the equitable
or legal title to the engine or vehicle is transferred to an ultimate
purchaser, as long as no certification, inspection, or other approval
related to the control on emissions is required as a condition precedent
to the initial retail sale, titling, or registration of the engine or
equipment. EPA believes that states are not prevented by section 209
from requiring retrofitting of nonroad engines in certain circumstances
once a reasonable time has passed after the engine is no longer new, as
long as the requirements do not amount to a standard relating back to
the original manufacturer. Therefore, EPA believes that modest retrofit
requirements may be required after a reasonable amount of time (e.g., at
the time of reregistration or rebuilding) and more significant retrofit
requirements may be required after a more significant period of time
(e.g., after the end of the useful life of the engine).
Subpart B--Emission Standards and Certification Provisions
Sec. 89.101-96 Applicability.
The requirements of subpart B are applicable to all new nonroad
compression-ignition engines subject to the provisions of subpart A of
part 89, pursuant to the schedule delineated in Sec. 89.102-96.
Sec. 89.102-96 Effective dates, optional inclusion.
(a) This subpart applies to all engines described in Sec. 89.101-96
with the following gross power output and manufactured after the
following dates:
(1) Greater than or equal to 37 kW but less than 75 kW and
manufactured on or after January 1, 1998;
(2) Greater than or equal to 75 kW but less than 130 kW and
manufactured on or after January 1, 1997;
(3) Greater than or equal to 130 kW but less than or equal to 560 kW
and manufactured on or after January 1, 1996;
(4) Greater than 560 kW and manufactured on or after January 1,
2000.
(b) A manufacturer can optionally certify engines manufactured up to
one calendar year prior to the effective date of mandatory certification
to earn emission credits under the averaging, banking, and trading
program. Such optionally certified engines are subject to all provisions
relating to mandatory certification and enforcement described in this
part.
[[Page 46]]
Sec. 89.103-96 Definitions.
The definitions in subpart A of part 89 apply to this subpart. All
terms not defined herein or in subpart A have the meaning given them in
the Act.
Sec. 89.104-96 Useful life, recall, and warranty periods.
(a) The useful life is a period of 8,000 hours of operation or ten
years of use, whichever first occurs.
(b) Engines are subject to recall testing for a period of 6,000
hours of operation or seven years of use, whichever first occurs.
However, in a recall, engines in the subject class or category must be
recalled regardless of actual years or hours of operation.
(c) Warranties imposed by the Clean Air Act are for 3,000 hours of
operation or five years of use, whichever first occurs.
(d) Manufacturers may apply to the Administrator for approval for a
shorter useful life period for engines that are subject to severe
service in seasonal equipment, or are designed specifically for lower
useful life hours to match equipment life. Such an application must be
made prior to certification.
Sec. 89.105-96 Certificate of conformity.
Every manufacturer of a new nonroad compression-ignition engine must
obtain a certificate of conformity covering the engine family, as
described in Sec. 89.116-96. The certificate of conformity must be
obtained from the Administrator prior to selling, offering for sale,
introducing into commerce, or importing into the United States the new
nonroad compression-ignition engine for each model year.
Sec. 89.106-96 Prohibited controls.
(a) An engine may not be equipped with an emission control system
for the purpose of complying with emission standards if such system will
cause or contribute to an unreasonable risk to public health, welfare,
or safety in its operation or function.
(b) An engine with an emission control system may not emit any
noxious or toxic substance which would not be emitted in the operation
of such engine in the absence of such system except as specifically
permitted by regulation.
Sec. 89.107-96 Defeat devices.
(a) An engine may not be equipped with a defeat device.
(b) For purposes of this section, ``defeat device'' means any
device, system, or element of design which senses operation outside
normal emission test conditions and reduces emission control
effectiveness.
(1) Defeat device includes any auxiliary emission control device
(AECD) that reduces the effectiveness of the emission control system
under conditions which may reasonably be expected to be encountered in
normal operation and use unless such conditions are included in the test
procedure.
(2) Defeat device does not include such items which either operate
only during engine starting or are necessary to protect the engine (or
equipment in which it is installed) against damage or accident during
its operation.
Sec. 89.108-96 Adjustable parameters, requirements.
(a) Nonroad engines equipped with adjustable parameters must comply
with all requirements of this subpart for any adjustment in the
physically adjustable range.
(b) An operating parameter is not considered adjustable if it is
permanently sealed or otherwise not normally accessible using ordinary
tools.
(c) The Administrator may require that adjustable parameters be set
to any specification within its adjustable range for certification,
selective enforcement audit, or in-use testing to determine compliance
with the requirements of this subpart.
Sec. 89.109-96 Maintenance instructions.
The manufacturer must furnish or cause to be furnished to the
ultimate purchaser of each new nonroad engine written instructions for
the maintenance needed to assure proper functioning of the emission
control system.
Sec. 89.110-96 Emission control information label.
(a) The manufacturer must affix at the time of manufacture a
permanent and legible label identifying each nonroad engine. The label
must meet the following requirements:
[[Page 47]]
(1) Be attached in such a manner that it cannot be removed without
destroying or defacing the label;
(2) Be durable and readable for the entire engine life;
(3) Be secured to an engine part necessary for normal engine
operation and not normally requiring replacement during engine life;
(4) Be written in English; and
(5) Be located so as to be readily visible to the average person
after the engine is installed in the equipment. A supplemental label
meeting all the requirements of this section may be attached to a
location other than the engine, in cases where the required label must
be obscured after the engine is installed in the equipment.
(b) The label must contain the following information:
(1) The heading ``Important Engine Information;''
(2) The full corporate name and trademark of the manufacturer;
(3) EPA standardized engine family designation;
(4) Engine displacement;
(5) Advertised power;
(6) Engine tuneup specifications and adjustments. These should
indicate the proper transmission position during tuneup, and accessories
(for example, air conditioner), if any, that should be in operation;
(7) Fuel requirements;
(8) Date of manufacture (month and year). The manufacturer may, in
lieu of including the date of manufacture on the engine label, maintain
a record of the engine manufacture dates. The manufacturer shall provide
the date of manufacture records to the Administrator upon request;
(9) Family emission limits (FELs) if applicable; and
(10) The statement: ``This engine conforms to [model year] U.S. EPA
regulations large nonroad compression- ignition engines.''
(c) Other information concerning proper maintenance and use or
indicating compliance or noncompliance with other standards may be
indicated on the label.
(d) Each engine must have a legible unique engine identification
number permanently affixed to or engraved on the engine.
Sec. 89.111-96 Averaging, banking, and trading of exhaust emissions.
Regulations regarding the availability of an averaging, banking, and
trading program along with applicable record- keeping requirements are
found in subpart C of this part. Participation in the averaging,
banking, and trading program is optional.
Sec. 89.112-96 Oxides of nitrogen, carbon monoxide, hydrocarbon, and particulate matter exhaust emission standards.
(a) Nonroad engines to which this subpart is applicable must meet
the following exhaust emission standards:
(1) Exhaust emissions of oxides of nitrogen shall not exceed 9.2
grams per kilowatt hour (g/kW-hr).
(2) Exhaust emissions of carbon monoxide shall not exceed 11.4 g/kW-
hr for engines at and above 130 kW.
(3) Exhaust emissions of hydrocarbon shall not exceed 1.3 g/kW-hr
for engines at and above 130 kW.
(4) Exhaust emissions of particulate matter shall not exceed 0.54 g/
kW-hr for engines at and above 130 kW.
(b) Exhaust emission of oxides of nitrogen, carbon monoxide, and
hydrocarbon is measured using the procedures set forth in subpart E of
this part.
(c) Exhaust emission of particulate matter is measured using the
California Regulations for New 1996 and Later Heavy-Duty Off-Road Diesel
Cycle Engines. This procedure is incorporated by reference. See
Sec. 89.6.
(d) In lieu of the standard specified in paragraph (a)(1) of this
section, manufacturers may elect to include engine families in the
averaging, banking, and trading program, the provisions of which are
specified in subpart C of this part. The manufacturer must set a family
emission limit (FEL) not to exceed 14.6 grams per kilowatt hour. This
FEL serves as the standard for that family.
Sec. 89.113-96 Smoke emission standard.
(a) Exhaust opacity from compression-ignition nonroad engines for
which this subpart is applicable must not exceed:
(1) 20 percent during the acceleration mode;
[[Page 48]]
(2) 15 percent during the lugging mode; and
(3) 50 percent during the peaks in either the acceleration or
lugging modes.
(b) Opacity levels are to be measured and calculated as set forth in
part 86, subpart I.
Sec. 89.114-96 Special test procedures.
(a) Use of special test procedures by EPA. The Administrator may, on
the basis of written application by a manufacturer, establish special
test procedures other than those set forth in this part, for any nonroad
engine that the Administrator determines is not susceptible to
satisfactory testing under the specified test procedures set forth in
subpart E of this part or part 86, subpart I.
(b) Use of alternate test procedures by manufacturer.
(1) A manufacturer may elect to use an alternate test procedure
provided that it yields equivalent results to the specified procedures,
its use is approved in advance by the Administrator, and the basis for
equivalent results with the specified test procedures is fully described
in the manufacturer's application.
(2) The Administrator may reject data generated under alternate test
procedures which do not correlate with data generated under the
specified procedures.
Sec. 89.115-96 Application for certificate.
(a) For each engine family that complies with all applicable
standards and requirements, the engine manufacturer must submit to the
Administrator a completed application for a certificate of conformity.
(b) The application must be approved and signed by the authorized
representative of the manufacturer.
(c) The application will be updated and corrected by amendment as
provided for in Sec. 89.123-96 to accurately reflect the manufacturer's
production.
(d) Required content. Each application must include the following
information:
(1) A description of the basic engine design including, but not
limited to, the engine family specifications, the provisions of which
are contained in Sec. 89.116-96;
(2) An explanation of how the emission control system operates,
including a detailed description of all emission control system
components, each auxiliary emission control device (AECD), and all fuel
system components to be installed on any production or test engine(s);
(3) Proposed test fleet selection and the rationale for the test
fleet selection;
(4) Special or alternate test procedures, if applicable;
(5) The period of operation necessary to accumulate service hours on
test engines and stabilize emission levels;
(6) A description of all adjustable operating parameters (including,
but not limited to, injection timing and fuel rate), including the
following:
(i) The nominal or recommended setting and the associated production
tolerances;
(ii) The intended physically adjustable range;
(iii) The limits or stops used to establish adjustable ranges;
(iv) Production tolerances of the limits or stops used to establish
each physically adjustable range; and
(v) Information relating to why the physical limits or stops used to
establish the physically adjustable range of each parameter, or any
other means used to inhibit adjustment, are effective in preventing
adjustment of parameters to settings outside the manufacturer's intended
physically adjustable ranges on in-use engines;
(7) For families participating in the averaging, banking, and
trading program, the information specified in subpart C of this part;
(8) A description of the test equipment and fuel proposed to be
used;
(9) All test data obtained by the manufacturer on each test engine;
(10) An unconditional statement certifying that all engines in the
engine family comply with all requirements of this part and the Clean
Air Act.
(e) At the Administrator's request, the manufacturer must supply
such additional information as may be required to evaluate the
application including, but not limited to, projected nonroad engine
production.
[[Page 49]]
(f)(1) The Administrator may modify the information submission
requirements of paragraph (d) of this section, provided that all of the
information specified therein is maintained by the engine manufacturer
as required by Sec. 89.124-96, and amended, updated, or corrected as
necessary.
(2) For the purposes of this paragraph, Sec. 89.124-96(a)(1)
includes all information specified in paragraph (d) of this section
whether or not such information is actually submitted to the
Administrator for any particular model year.
(3) The Administrator may review an engine manufacturer's records at
any time. At the Administrator's discretion, this review may take place
either at the manufacturer's facility or at another facility designated
by the Administrator.
[59 FR 31335, June 17, 1994, as amended at 61 FR 20741, May 8, 1996]
Effective Date Note: At 61 FR 20741, May 8, 1996, Sec. 89.115-96
was amended by revising paragraph (d)(5), redesignating the second
paragraph (b) which follows paragraph (d)(10) as paragraph (e), and
adding paragarph (f), effective July 8, 1996. For the convenience of the
user, the superseded text is set forth as follows:
Sec. 89.115-96 Application for certificate.
* * * * *
(d) * * *
(5) The description of the operating cycle and the period of
operation necessary to accumulate service hours on test engines and
stabilize emission levels;
* * * * *
Sec. 89.116-96 Engine families.
(a) A manufacturer's product line is divided into engine families
that are comprised of engines expected to have similar emission
characteristics throughout their useful life periods.
(b) The following characteristics distinguish engine families:
(1) Fuel;
(2) Cooling medium;
(3) Method of air aspiration;
(4) Method of exhaust aftertreatment (for example, catalytic
converter or particulate trap);
(5) Combustion chamber design;
(6) Bore;
(7) Stroke;
(8) Number of cylinders, (engines with aftertreatment devices only);
and
(9) Cylinder arrangement (engines with aftertreatment devices only).
(c) Upon a showing by the manufacturer that the useful life period
emission characteristics are expected to be similar, engines differing
in one or more of the characteristics in paragraph (b) of this section
may be grouped in the same engine family.
(d) Upon a showing by the manufacturer that the expected useful life
period emission characteristics will be different, engines identical in
all the characteristics of paragraph (b) of this section may be divided
into separate engine families.
Sec. 89.117-96 Test fleet selection.
(a) The manufacturer must select for testing, from each engine
family, the engine with the most fuel injected per stroke of an injector
at maximum power.
(b) Each engine in the test fleet must be constructed to be
representative of production engines.
(c) After review of the manufacturer's test fleet, the Administrator
may select from the available fleet one additional test engine from each
engine family.
Sec. 89.118-96 Service accumulation.
(a)(1) Each test engine in the test fleet must be operated with all
emission control systems operating properly for a period sufficient to
stabilize emissions.
(2) A manufacturer may elect to consider as stabilized emission
levels from engines with no more than 125 hours of service.
(b) No maintenance, other than recommended lubrication and filter
changes, may be performed during service accumulation without the
Administrator's approval.
(c) Service accumulation should be performed in a manner using good
engineering judgment to ensure that emissions are representative of in-
use engines.
(d) The manufacturer must maintain, and provide to the Administrator
if requested, records stating the rationale
[[Page 50]]
for selecting the service accumulation period and records describing the
method used to accumulate service hours on the test engine(s).
Sec. 89.119-96 Emission tests.
(a) Manufacturer testing. (1) Upon completion of service
accumulation, the manufacturer must test each test engine using the
specified test procedures, except as provided in Sec. 89.114-96. The
procedures to be used are set forth in:
(i) Subpart E of this part;
(ii) The California Regulations for New 1996 and Later Heavy-Duty
Off-Road Diesel Cycle Engines. This procedure has been incorporated by
reference. See Sec. 89.6; and
(iii) Part 86, subpart I of this chapter.
(2) Each test engine must be configured to be representative of
actual in-use operation. The Administrator may specify the adjustment of
any adjustable parameter. All test results must be reported to the
Administrator.
(b) Confirmatory testing. The Administrator may conduct confirmatory
testing or other testing on any test engine. The manufacturer must
deliver test engines as directed by the Administrator. When the
Administrator conducts confirmatory testing or other testing, those test
results are used to determine compliance with emission standards.
(c) Use of carryover test data. In lieu of testing to certify an
engine family for a given model year, the manufacturer may submit, with
the Administrator's approval, emission test data used to certify that
engine family in previous years. This ``carryover'' data is only
allowable if the submitted test data show that the test engine would
comply with the emission standard(s) for the model year for which
certification is being sought.
(d) Test fuels. EPA may use the fuel specified in either Table 4 or
Table 5 of appendix A to subpart D of this part in confirmatory testing
or other testing on any test engine. Emission test results based on use
of Table 5 fuel will be used to confirm compliance with HC, CO,
NOX, PM, and smoke standards. Emission test results based on Table
4 fuel will be used to confirm compliance with HC, CO, NOX, and
smoke standards; when a manufacturer uses the fuel specified in Table 4
of appendix A to subpart D of this part for its certification testing,
EPA has the option to use the PM emission result, corrected using the PM
correction factor specified in Sec. 89.425-96, to confirm compliance
with the PM standard.
Sec. 89.120-96 Compliance with emission standards.
(a) If all test engines representing an engine family have emissions
less than or equal to each emission standard, that family complies with
the emission standards.
(b) If any test engine representing an engine family has emissions
greater than each emission standard, that family will be deemed not in
compliance with the emission standard(s).
(c) If aftertreatment is employed by an engine family, then a
deterioration factor must be determined and applied.
(d) For engine families included in the averaging, banking, and
trading program, the families' emission limits (FELs) are used in lieu
of the applicable federal emission standard.
Sec. 89.121-96 Certificate of conformity effective dates.
The certificate of conformity is valid from the date of issuance by
EPA until 31 December of the model year or calendar year for which it is
issued.
Sec. 89.122-96 Certification.
(a) If, after a review of the manufacturer's application, request
for certificate, information obtained from any inspection, and such
other information as the Administrator may require, the Administrator
determines that the application is complete and that the engine family
meets the requirements of this part and the Clean Air Act, the
Administrator shall issue a certificate of conformity.
(b) If, after a review of the information described in paragraph (a)
of this section, the Administrator determines that the requirements of
this part and the Clean Air Act have not been met, the Administrator
will deny certification. The Administrator must give a written
explanation when certification is denied. The manufacturer may request a
hearing on a denial.
[[Page 51]]
Sec. 89.123-96 Amending the application and certificate of conformity.
(a) The manufacturer of nonroad compression-ignition engines must
notify the Administrator when changes to information required to be
described in the application for certification are to be made to a
product line covered by a certificate of conformity. This notification
must include a request to amend the application or the existing
certificate of conformity. Except as provided in paragraph (e) of this
section, the manufacturer shall not make said changes or produce said
engines prior to receiving approval from EPA.
(b) A manufacturer's request to amend the application or the
existing certificate of conformity shall include the following
information:
(1) A full description of the change to be made in production or of
the engine to be added;
(2) Engineering evaluations or data showing that engines as modified
or added will comply with all applicable emission standards; and
(3) A determination whether the manufacturer's original test fleet
selection is still appropriate, and if the original test fleet selection
is determined not to be appropriate, proposed test fleet selection(s)
representing the engines changed or added which would have been required
if the engines had been included in the original application for
certification.
(c) The Administrator may require the manufacturer to perform tests
on the engine representing the engine to be added or changed.
(d) Decision by Administrator. (1) Based on the description of the
proposed amendment and data derived from such testing as the
Administrator may require or conduct, the Administrator will determine
whether the proposed change or addition would still be covered by the
certificate of conformity then in effect.
(2) If the Administrator determines that the change or new engine(s)
meets the requirements of this subpart and the Act, the appropriate
certificate of conformity is amended.
(3) If the Administrator determines that the changed or new
engine(s) does not meet the requirements of this subpart and the Act,
the certificate of conformity will not be amended. The Administrator
shall provide a written explanation to the manufacturer of the decision
not to amend the certificate. The manufacturer may request a hearing on
a denial.
(e) A manufacturer may make changes in or additions to production
engines concurrently with notifying the Administrator as required by
paragraph (a) of this section, if the manufacturer complies with the
following requirements:
(1) In addition to the information required in paragraph (b) of this
section, the manufacturer must supply supporting documentation, test
data, and engineering evaluations as appropriate to demonstrate that all
affected engines will still meet applicable emission standards.
(2) If, after a review, the Administrator determines additional
testing is required, the manufacturer must provide required test data
within 30 days or cease production of the affected engines.
(3) If the Administrator determines that the affected engines do not
meet applicable requirements, the Administrator will notify the
manufacturer to cease production of the affected engines and to recall
and correct at no expense to the owner all affected engines previously
produced.
(4) Election to produce engines under this paragraph will be deemed
to be a consent to recall all engines which the Administrator determines
do not meet applicable standards and to cause such nonconformity to be
remedied at no expense to the owner.
Sec. 89.124-96 Record retention, maintenance, and submission.
(a) The manufacturer of any nonroad compression-ignition engine must
maintain the following adequately organized records:
(1) Copies of all applications filed with the Administrator.
(2) A detailed history of each test engine used for certification
including the following:
(i) A description of the test engine's construction, including a
general description of the origin and buildup of the engine, steps taken
to ensure that
[[Page 52]]
it is representative of production engines, description of components
specially built for the test engine, and the origin and description of
all emission-related components;
(ii) A description of the method used for service accumulation,
including date(s) and the number of hours accumulated;
(iii) A description of all maintenance, including modifications,
parts changes, and other servicing performed, and the date(s) and
reason(s) for such maintenance;
(iv) A description of all emission tests performed (except tests
performed by the EPA directly) including routine and standard test
documentation, as specified in subpart E of this part, date(s) and the
purpose of each test;
(v) A description of all tests performed to diagnose engine or
emission control performance, giving the date and time of each and the
reason(s) for the test; and
(vi) A description of any significant event(s) affecting the engine
during the period covered by the history of the test engine but not
described by an entry under one of the previous paragraphs of this
section.
(b) Routine emission test data, such as those reporting test cell
temperature and relative humidity at start and finish of test and raw
emission results from each mode or test phase, must be retained for a
period of one year after issuance of all certificates of conformity to
which they relate. All other information specified in paragraph (a) of
this section must be retained for a period of eight years after issuance
of all certificates of conformity to which they relate.
(c) Records may be kept in any format and on any media, provided
that at the Administrator's request, organized, written records in
English are promptly supplied by the manufacturer.
(d) The manufacturer must supply, at the Administrator's request,
copies of any engine maintenance instructions or explanations issued by
the manufacturer.
Sec. 89.125-96 Production engines, annual report.
(a) Upon the Administrator's request, the manufacturer must supply a
reasonable number of production engines for testing and evaluation.
These engines must be representative of typical production and must be
supplied for testing at such time and place and for such reasonable
periods as the Administrator may require.
(b) The manufacturer must annually, within 30 days after the end of
the model year, notify the Administrator of the number of engines
produced by engine family, by gross power, by displacement, by fuel
system, or by other categories as the Administrator may require.
Sec. 89.126-96 Denial, revocation of certificate of conformity.
(a) If, after review of the manufacturer's application, request for
certification, information obtained from any inspection, and any other
information the Administrator may require, the Administrator determines
that one or more test engines do not meet applicable standards (or
family emission limits, as appropriate), then the Administrator will
notify the manufacturer in writing, setting forth the basis for this
determination.
(b) Notwithstanding the fact that engines described in the
application may comply with all other requirements of this subpart, the
Administrator may deny the issuance of, suspend, or revoke a previously
issued certificate of conformity if the Administrator finds any one of
the following infractions to be substantial:
(1) The manufacturer submits false or incomplete information;
(2) The manufacturer denies an EPA enforcement officer or EPA
authorized representative the opportunity to conduct authorized
inspections;
(3) The manufacturer fails to supply requested information or amend
its application to include all engines being produced;
(4) The manufacturer renders inaccurate any test data which it
submits or otherwise circumvents the intent of the Act or this part;
(5) The manufacturer denies an EPA enforcement officer or EPA
authorized
[[Page 53]]
representative reasonable assistance (as defined in Sec. 89.129-96(e)).
(c) If a manufacturer knowingly commits an infraction specified in
paragraph (b)(1) or (b)(4) of this section, knowingly commits any other
fraudulent act which results in the issuance of a certificate of
conformity, or fails to comply with the conditions specified in
Secs. 89.203-96(f), 89.206-96(d), 89.209-96(c) or 89.210-96(g), the
Administrator may deem such certificate void ab initio.
(d) When the Administrator denies, suspends, revokes, or voids ab
initio a certificate of conformity the manufacturer will be provided a
written determination. The manufacturer may request a hearing under
Sec. 89.127-96 on the Administrator's decision.
(e) Any suspension or revocation of a certificate of conformity
shall extend no further than to forbid the introduction into commerce of
engines previously covered by the certification which are still in the
hands of the manufacturer, except in cases of such fraud or other
misconduct that makes the certification invalid ab initio.
Sec. 89.127-96 Request for hearing.
(a) A manufacturer may request a hearing on the Administrator's
denial, suspension, voiding ab initio or revocation of a certificate of
conformity.
(b) The manufacturer's request must be filed within 30 days of the
Administrator's decision, be in writing, and set forth the
manufacturer's objections to the Administrator's decision and data to
support the objections.
(c) If, after review of the request and supporting data, the
Administrator finds that the request raises a substantial and factual
issue, the Administrator will grant the manufacturer's request for a
hearing.
Sec. 89.128-96 Hearing procedures.
(a)(1) After granting a request for a hearing the Administrator
shall designate a Presiding Officer for the hearing.
(2) The hearing will be held as soon as practicable at a time and
place determined by the Administrator or by the Presiding Officer.
(3) The Administrator may, at his or her discretion, direct that all
argument and presentation of evidence be concluded within a specified
period established by the Administrator. Said period may be no less than
30 days from the date that the first written offer of a hearing is made
to the manufacturer. To expedite proceedings, the Administrator may
direct that the decision of the Presiding Officer (who may, but need
not, be the Administrator) shall be the final EPA decision.
(b)(1) Upon appointment pursuant to paragraph (a) of this section,
the Presiding Officer will establish a hearing file. The file shall
consist of the following:
(i) The determination issued by the Administrator under Sec. 89.126-
96(d);
(ii) The request for a hearing and the supporting data submitted
therewith;
(iii) All documents relating to the request for certification and
all documents submitted therewith; and
(iv) Correspondence and other data material to the hearing.
(2) The hearing file will be available for inspection by the
applicant at the office of the Presiding Officer.
(c) An applicant may appear in person or may be represented by
counsel or by any other duly authorized representative.
(d)(1) The Presiding Officer, upon the request of any party or at
his or her discretion, may arrange for a prehearing conference at a time
and place he/she specifies. Such prehearing conference will consider the
following:
(i) Simplification of the issues;
(ii) Stipulations, admissions of fact, and the introduction of
documents;
(iii) Limitation of the number of expert witnesses;
(iv) Possibility of agreement disposing of any or all of the issues
in dispute; and
(v) Such other matters as may aid in the disposition of the hearing,
including such additional tests as may be agreed upon by the parties.
(2) The results of the conference shall be reduced to writing by the
Presiding Officer and made part of the record.
(e)(1) Hearings shall be conducted by the Presiding Officer in an
informal but orderly and expeditious manner. The parties may offer oral
or written evidence, subject to the exclusion by the Presiding Officer
of irrelevant, immaterial, and repetitious evidence.
[[Page 54]]
(2) Witnesses will not be required to testify under oath. However,
the Presiding Officer shall call to the attention of witnesses that
their statements may be subject to the provisions of 18 U.S.C. 1001
which imposes penalties for knowingly making false statements or
representations or using false documents in any matter within the
jurisdiction of any department or agency of the United States.
(3) Any witness may be examined or cross-examined by the Presiding
Officer, the parties, or their representatives.
(4) Hearings shall be reported verbatim. Copies of transcripts of
proceedings may be purchased by the applicant from the reporter.
(5) All written statements, charts, tabulations, and similar data
offered in evidence at the hearings shall, upon a showing satisfactory
to the Presiding Officer of their authenticity, relevancy, and
materiality, be received in evidence and shall constitute a part of the
record.
(6) Oral argument may be permitted at the discretion of the
Presiding Officer and shall be reported as part of the record unless
otherwise ordered by the Presiding Officer.
(f)(1) The Presiding Officer shall make an initial decision which
shall include written findings and conclusions and the reasons or basis
regarding all the material issues of fact, law, or discretion presented
on the record. The findings, conclusions, and written decision shall be
provided to the parties and made a part of the record. The initial
decision shall become the decision of the Administrator without further
proceedings, unless there is an appeal to the Administrator or motion
for review by the Administrator within 20 days of the date the initial
decision was filed. If the Administrator has determined under paragraph
(a) of this section that the decision of the Presiding Officer is final,
there is no right of appeal to the Administrator.
(2) On appeal from or review of the initial decision, the
Administrator shall have all the powers which he or she would have in
making the initial decision, including the discretion to require or
allow briefs, oral argument, the taking of additional evidence, or the
remanding to the Presiding Officer for additional proceedings. The
decision by the Administrator may adopt the original decision or shall
include written findings and conclusions and the reasons or basis
therefor on all the material issues of fact, law, or discretion
presented on the appeal or considered in the review.
Sec. 89.129-96 Right of entry.
(a) Any manufacturer who has applied for certification of a new
engine or engine family subject to certification testing under this
subpart shall admit or cause to be admitted to any of the following
facilities during operating hours any EPA enforcement officer or EPA
authorized representative on presentation of credentials.
(1) Any facility where any such certification testing or any
procedures or activities connected with such certification testing are
or were performed;
(2) Any facility where any new engine which is being, was, or is to
be tested is present;
(3) Any facility where any construction process or assembly process
used in the modification or buildup of such an engine into a
certification engine is taking place or has taken place; and
(4) Any facility where any record or other document relating to any
of the above is located.
(b) Upon admission to any facility referred to in paragraph (a)(1)
of this section, any EPA enforcement officer or EPA authorized
representative shall be allowed:
(1) To inspect and monitor any part or aspect of such procedures,
activities, and testing facilities, including, but not limited to,
monitoring engine preconditioning, emission tests and service
accumulation, maintenance, and engine storage procedures, and to verify
correlation or calibration of test equipment;
(2) To inspect and make copies of any such records, designs, or
other documents; and
(3) To inspect and photograph any part or aspect of any such
certification engine and any components to be used in the construction
thereof.
(c) To allow the Administrator to determine whether production
engines conform in all material respects to the
[[Page 55]]
design specifications applicable to those engines, as described in the
application for certification for which a certificate of conformity has
been issued, any manufacturer shall admit any EPA enforcement officer or
EPA authorized representative on presentation of credentials to:
(1) Any facility where any document, design, or procedure relating
to the translation of the design and construction of engines and
emission-related components described in the application for
certification or used for certification testing into production engines
is located or carried on; and
(2) Any facility where any engines to be introduced into commerce
are manufactured or assembled.
(d) On admission to any such facility referred to in paragraph (c)
of this section, any EPA enforcement officer or EPA authorized
representative shall be allowed:
(1) To inspect and monitor any aspects of such manufacture or
assembly and other procedures;
(2) To inspect and make copies of any such records, documents or
designs; and
(3) To inspect and photograph any part or aspect of any such new
engines and any component used in the assembly thereof that are
reasonably related to the purpose of his or her entry.
(e) Any EPA enforcement officer or EPA authorized representative
shall be furnished by those in charge of a facility being inspected with
such reasonable assistance as he or she may request to help the
enforcement officer or authorized representative discharge any function
listed in this paragraph. Each applicant for or recipient of
certification is required to cause those in charge of a facility
operated for its benefit to furnish such reasonable assistance without
charge to EPA whether or not the applicant controls the facility.
(1) Reasonable assistance includes, but is not limited to, clerical,
copying, interpretation and translation services; the making available
on request of personnel of the facility being inspected during their
working hours to inform the EPA enforcement officer or EPA authorized
representative of how the facility operates and to answer the officer's
questions; and the performance on request of emission tests on any
engine which is being, has been, or will be used for certification
testing. Such tests shall be nondestructive, but may require appropriate
service accumulation.
(2) A manufacturer may be compelled to cause any employee at a
facility being inspected to appear before an EPA enforcement officer or
EPA authorized representative. The request for the employee's appearance
shall be in writing, signed by the Assistant Administrator for Air and
Radiation, and served on the manufacturer. Any employee who has been
instructed by the manufacturer to appear will be entitled to be
accompanied, represented, and advised by counsel.
(f) The duty to admit or cause to be admitted any EPA enforcement
officer or EPA authorized representative applies whether or not the
applicant owns or controls the facility in question and applies both to
domestic and to foreign manufacturers and facilities. EPA will not
attempt to make any inspections which it has been informed that local
law forbids. However, if local law makes it impossible to do what is
necessary to ensure the accuracy of data generated at a facility, no
informed judgment that an engine is certifiable or is covered by a
certificate can properly be based on those data. It is the
responsibility of the manufacturer to locate its testing and
manufacturing facilities in jurisdictions where this situation will not
arise.
(g) Any entry without 24 hours prior written or oral notification to
the affected manufacturer shall be authorized in writing by the
Assistant Administrator for Enforcement.
Subpart C--Averaging, Banking, and Trading Provisions
Sec. 89.201-96 Applicability.
Nonroad compression-ignition engines subject to the provisions of
subpart A of this part are eligible to participate in the averaging,
banking, and trading program described in this subpart.
[[Page 56]]
Sec. 89.202-96 Definitions.
The definitions in subpart A of this part apply to this subpart. The
following definitions also apply to this subpart:
Averaging for nonroad engines means the exchange of emission
credits among engine families within a given manufacturer's product
line.
Banking means the retention of nonroad engine emission credits by
the manufacturer generating the emission credits for use in future model
year averaging or trading as permitted by these regulations.
Emission credits represent the amount of emission reduction or
exceedance, by a nonroad engine family, below or above the emission
standard, respectively. Emission reductions below the standard are
considered as ``positive credits,'' while emission exceedances above the
standard are considered as ``negative credits.'' In addition,
``projected credits'' refer to emission credits based on the projected
applicable production/sales volume of the engine family. ``Reserved
credits'' are emission credits generated within a model year waiting to
be reported to EPA at the end of the model year. ``Actual credits''
refer to emission credits based on actual applicable production/sales
volume as contained in the end-of-year reports submitted to EPA. Some or
all of these credits may be revoked if EPA review of the end-of-year
reports or any subsequent audit action(s) uncovers problems or errors.
Trading means the exchange of nonroad engine emission credits
between manufacturers.
Sec. 89.203-96 General provisions.
(a) The averaging, banking, and trading program for NOX
emissions from eligible nonroad engines is described in this subpart.
Participation in this program is voluntary.
(b) A nonroad engine family is eligible to participate in the
averaging, banking, and trading program for NOX emissions if it is
subject to regulation under subpart B of this part with certain
exceptions specified in subsection (c) of this section. No averaging,
banking, and trading program is available for meeting the HC, CO, PM, or
smoke emission standards specified in subpart B of this part.
(c) Nonroad engines may not participate in the averaging, banking,
and trading program if they are subject to state engine emission
standards, are exported, or use an alternate or special test procedure
under Sec. 89.114-96.
(d) A manufacturer may certify one or more nonroad engine families
at family emission limits (FELs) above or below the applicable emission
standard, provided the summation of the manufacturer's projected balance
of all credit transactions in a given model year is greater than or
equal to zero, as determined under Sec. 89.207-96.
(1) FELs for NOX may not exceed 14.6 grams per kilowatt hour.
(2) An engine family certified to an FEL is subject to all
provisions specified in subparts B, D, E, G, H, I, J, and K of this
part, except that the applicable FEL replaces the NOX emission
standard for the family participating in the averaging, banking, and
trading program.
(3) A manufacturer of an engine family with an FEL exceeding the
applicable emission standard must obtain emission credits sufficient to
address the associated credit shortfall via averaging, banking, or
trading.
(4) An engine family with an FEL below the applicable standard may
generate emission credits for averaging, banking, trading, or a
combination thereof. Emission credits may not be used to offset an
engine family's emissions that exceed its applicable FEL. Credits may
not be used to remedy nonconformity determined by a Selective
Enforcement Audit (SEA) or by recall (in-use) testing. However, in the
case of an SEA failure, credits may be used to allow subsequent
production of engines for the family in question if the manufacturer
elects to recertify to a higher FEL.
(e) Credits generated in a given model year may be used in the
following three model years. Credits not used by the end of the third
model year after being generated are forfeited. Credits generated in one
model year may not be used for prior model years.
[[Page 57]]
(f) Manufacturers must demonstrate compliance under the averaging,
banking, and trading program for a particular model year by 270 days
after the model year. Engine families without an adequate amount of
emission credits will violate the conditions of the certificates of
conformity. The certificates of conformity may be voided ab initio under
Sec. 89.126-96(c) for those engine families.
Sec. 89.204-96 Averaging.
(a) A manufacturer may use averaging to offset an emission
exceedance of a nonroad engine family caused by an FEL above the
applicable emission standard. Credits used in averaging may be obtained
from credits generated by another engine family in the same model year,
credits banked in the three previous model years, or credits obtained
through trading.
(b) Credits scheduled to expire in the earliest model year must be
used first, before using other available credits.
Sec. 89.205-96 Banking.
(a) A manufacturer of a nonroad engine family with an FEL below the
applicable standard for a given model year may bank credits in that
model year for use in averaging and trading in the following three model
years. Credits not withdrawn within the three model years after they are
banked are forfeited.
(b) A manufacturer of a nonroad engine family may bank credits up to
one calendar year prior to the effective date of mandatory
certification. Such engines must meet the requirements of subparts A, B,
D, E, F, G, H, I, J, and K of this part.
(c) A manufacturer may bank actual credits only after the end of the
model year and after EPA has reviewed the manufacturer's end-of-year
reports. During the model year and before submittal of the end-of-year
report, credits originally designated in the certification process for
banking will be considered reserved and may be redesignated for trading
or averaging in the end-of-year report and final report.
(d) Credits declared for banking from the previous model year that
have not been reviewed by EPA may be used in averaging or trading
transactions. However, such credits may be revoked at a later time
following EPA review of the end-of-year report or any subsequent audit
actions.
Sec. 89.206-96 Trading.
(a) A nonroad engine manufacturer may exchange emission credits with
other nonroad engine manufacturers in trading.
(b) Credits for trading can be obtained from credits banked in the
three previous model years or credits generated during the model year of
the trading transaction. Traded credits expire if they are not used in
averaging within three model years following the model year in which
they were generated.
(c) Traded credits can be used for averaging, banking, or further
trading transactions.
(d) In the event of a negative credit balance resulting from a
transaction, both the buyer and the seller are liable, except in cases
involving fraud. Certificates of all engine families participating in a
negative trade may be voided ab initio under Sec. 89.126-96(c).
Sec. 89.207-96 Credit calculation.
For each participating engine family, emission credits (positive or
negative) are to be calculated according to one of the following
equations and rounded, in accordance with ASTM E29-90, to the nearest
one-tenth of a megagram per hour (Mg/hr). ASTM E29-90 has been
incorporated by reference. See Sec. 89.6. Consistent units are to be
used throughout the equation.
(a) For determining credit availability from all engine families
generating credits:
Emission credits=(Std - FEL) x (Volume) x (MinPR) x (10-6)
(b) For determining credit usage for all engine families requiring
credits to offset emissions in excess of the standard:
Emission credits= (Std-FEL) x (Volume) x (MaxPR) x (10-6)
Where:
Std=the current and applicable nonroad engine emission standard in grams
per brake horsepower hour.
FEL=the family emission limit for the engine family in grams per brake
horsepower hour.
[[Page 58]]
Volume=the number of nonroad engines eligible to participate in the
averaging, banking, and trading program within the given
engine family during the model year. Quarterly production
projections are used for initial certification. Actual
applicable production/sales volumes is used for end-of-year
compliance determination.
MinPR=the power rating of the configuration within an engine family with
the lowest power rating.
MaxPR=the power rating of the configuration within an engine family with
the highest power rating.
Sec. 89.208-96 Labeling.
For all nonroad engines included in the averaging, banking, and
trading program, the family emission limit to which the engine is
certified must be included on the label required in Sec. 89.110-96.
Sec. 89.209-96 Certification.
(a) In the application for certification a manufacturer must:
(1) Declare its intent to include specific engine families in the
averaging, banking, and trading program.
(2) Submit a statement that the engines for which certification is
requested will not, to the best of the manufacturer's belief, cause the
manufacturer to have a negative credit balance when all credits are
calculated for all the manufacturer's engine families participating in
the averaging, banking, and trading program.
(3) Declare an FEL for each engine family participating in
averaging, banking, and trading.
(i) The FEL must be to the same number of significant digits as the
emission standard.
(ii) In no case may the FEL exceed the upper limit prescribed in
Sec. 89.203-96(d).
(4) Indicate the projected number of credits generated/needed for
this family; the projected applicable production/sales volume, by
quarter; and the values required to calculate credits as given in
Sec. 89.207-96.
(5) Submit calculations in accordance with Sec. 89.207-96 of
projected emission credits (positive or negative) based on quarterly
production projections for each participating family.
(6)(i) If the engine family is projected to have negative emission
credits, state specifically the source (manufacturer/engine family or
reserved) of the credits necessary to offset the credit deficit
according to quarterly projected production.
(ii) If the engine family is projected to generate credits, state
specifically (manufacturer/engine family or reserved) where the
quarterly projected credits will be applied.
(b) All certificates issued are conditional upon manufacturer
compliance with the provisions of this subpart both during and after the
model year of production.
(c) Failure to comply with all provisions of this subpart will be
considered to be a failure to satisfy the conditions upon which the
certificate was issued, and the certificate may be deemed void ab
initio.
(d) The manufacturer bears the burden of establishing to the
satisfaction of the Administrator that the conditions upon which the
certificate was issued were satisfied or waived.
(e) Projected credits based on information supplied in the
certification application may be used to obtain a certificate of
conformity. However, any such credits may be revoked based on review of
end-of-year reports, follow-up audits, and any other verification steps
deemed appropriate by the Administrator.
Sec. 89.210-96 Maintenance of records.
(a) The manufacturer of any nonroad engine that is certified under
the averaging, banking, and trading program must establish, maintain,
and retain the following adequately organized and indexed records for
each such engine produced:
(1) EPA engine family;
(2) Engine identification number;
(3) Engine model year and build date,
(4) Power rating;
(5) Purchaser and destination; and
(6) Assembly plant.
(b) The manufacturer of any nonroad engine family that is certified
under the averaging, banking, and trading program must establish,
maintain, and retain the following adequately organized and indexed
records for each such family:
(1) EPA engine family;
(2) Family emission limit (FEL);
[[Page 59]]
(3) Power rating for each configuration tested;
(4) Projected applicable production/sales volume for the model year;
and
(5) Actual applicable production/sales volume for the model year.
(c) Any manufacturer producing an engine family participating in
trading reserved credits must maintain the following records on a
quarterly basis for each engine family in the trading program:
(1) The engine family;
(2) The actual quarterly and cumulative applicable production/sales
volume;
(3) The value required to calculate credits as given in Sec. 89.207-
96;
(4) The resulting type and number of credits generated/required;
(5) How and where credit surpluses are dispersed; and
(6) How and through what means credit deficits are met.
(d) The manufacturer must retain all records required to be
maintained under this section for a period of eight years from the due
date for the end-of-model-year report. Records may be retained as hard
copy or reduced to microfilm, ADP diskettes, and so forth, depending on
the manufacturer's record retention procedure; provided, that in every
case all information contained in the hard copy is retained.
(e) Nothing in this section limits the Administrator's discretion in
requiring the manufacturer to retain additional records or submit
information not specifically required by this section.
(f) Pursuant to a request made by the Administrator, the
manufacturer must submit to the Administrator the information that the
manufacturer is required to retain.
(g) EPA may void ab initio under Sec. 89.126-96(c) a certificate of
conformity for an engine family for which the manufacturer fails to
retain the records required in this section or to provide such
information to the Administrator upon request.
Sec. 89.211-96 End-of-year and final reports.
(a) End-of-year and final reports must indicate the engine family,
the actual applicable production/sales volume, the values required to
calculate credits as given in Sec. 89.207-96, and the number of credits
generated/required. Manufacturers must also submit how and where credit
surpluses were dispersed (or are to be banked) and/or how and through
what means credit deficits were met. Copies of contracts related to
credit trading must be included or supplied by the broker, if
applicable. The report shall include a calculation of credit balances to
show that the summation of the manufacturer's use of credits results in
a credit balance equal to or greater than zero.
(b) The applicable production/sales volume for end-of-year and final
reports must be based on the location of the point of first retail sale
(for example, retail customer, dealer, secondary manufacturer) also
called the final product purchase location.
(c)(1) End-of-year reports must be submitted within 90 days of the
end of the model year to: Director, Manufacturers Operations Division
(6405-J), U.S. Environmental Protection Agency, 401 M Street SW.,
Washington, DC 20460.
(2) Final reports must be submitted within 270 days of the end of
the model year to: Director, Manufacturers Operations Division (6405-J),
U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC
20460.
(d) Failure by a manufacturer participating in the averaging,
banking, or trading program to submit any end-of-year or final reports
in the specified time for all engines is a violation of sections
203(a)(1) and 213 of the Clean Air Act for each engine.
(e) A manufacturer generating credits for deposit only who fails to
submit end-of-year reports in the applicable specified time period (90
days after the end of the model year) may not use the credits until such
reports are received and reviewed by EPA. Use of projected credits
pending EPA review is not permitted in these circumstances.
(f) Errors discovered by EPA or the manufacturer in the end-of-year
report, including errors in credit calculation, may be corrected in the
final report up to 270 days from the end of the model year.
(g) If EPA or the manufacturer determines that a reporting error
occurred
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on an end-of-year or final report previously submitted to EPA under this
section, the manufacturer's credits and credit calculations will be
recalculated. Erroneous positive credits will be void except as provided
in paragraph (h) of this section. Erroneous negative credit balances may
be adjusted by EPA.
(h) If within 270 days of the end of the model year, EPA review
determines a reporting error in the manufacturer's favor (that is,
resulting in an increased credit balance) or if the manufacturer
discovers such an error within 270 days of the end of the model year,
the credits shall be restored for use by the manufacturer.
Sec. 89.212-96 Notice of opportunity for hearing.
Any voiding of the certificate under Secs. 89.203-96(f), 89.206-
96(d), 89.209-96(c) and 89.210-96(g) will be made only after the
manufacturer concerned has been offered an opportunity for a hearing
conducted in accordance with Secs. 89.512 and 89.513 and, if a
manufacturer requests such a hearing, will be made only after an initial
decision by the Presiding Officer.
Subpart D--Emission Test Equipment Provisions
Sec. 89.301-96 Scope; applicability.
(a) This subpart describes the equipment required in order to
perform exhaust emission tests on new nonroad compression-ignition
engines subject to the provisions of subpart B of part 89.
(b) Exhaust gases, either raw or dilute, are sampled while the test
engine is operated using an 8-mode test cycle on an engine dynamometer.
The exhaust gases receive specific component analysis determining
concentration of pollutant, exhaust volume, the fuel flow, and the power
output during each mode. Emission is reported as grams per kilowatt hour
(g/kw-hr). See subpart E of this part for a complete description of the
test procedure.
(c) General equipment and calibration requirements are given in
Sec. 89.304-96 through 89.324-96. Sections 89.325-96 through 89.331-96
set forth general test specifications.
(d) Additional information about system design, calibration
methodologies, and so forth, for raw gas sampling can be found in part
86, subpart D of this chapter. Examples for system design, calibration
methodologies, and so forth, for dilute exhaust gas sampling can be
found in part 86, subpart N of this chapter.
Sec. 89.302-96 Definitions.
The definitions in subpart A of part 89 apply to this subpart. For
terms not defined in part 89, the definitions in part 86, subparts A, D,
I, and N apply to this subpart. The following definition also applies to
this subpart.
Specific emissions, g/kW-hr, is expressed on the basis of observed
gross brake power. When it is not possible to test the engine in the
gross conditions, for example, if the engine and transmission form a
single integral unit, the engine may be tested in the net condition.
Power corrections from net to gross conditions will be allowed with
prior approval of the Administrator.
Sec. 89.303-96 Symbols/abbreviations.
(a) The abbreviations in Sec. 86.094-3 or part 89.3 of this chapter
apply to this subpart.
(b) The abbreviations in Table 1 in appendix A of this subpart apply
to this subpart. Some abbreviations from Sec. 89.3 have been included
for the convenience of the reader.
(c) The symbols in Table 2 in appendix A of this subpart apply to
this subpart.
Sec. 89.304-96 Equipment required for gaseous emissions; overview.
(a) All engines subject to this subpart are tested for exhaust
emissions. Engines are operated on dynamometers meeting the
specification given in Sec. 89.306-96.
(b) The exhaust is tested for gaseous emissions using a raw gas
sampling system as described in Sec. 89.412-96 or a constant volume
sampling (CVS) system as described in Sec. 89.419-96. Both systems
require analyzers (see paragraph (c) of this section) specific to the
pollutant being measured.
(c) Analyzers used are a non-dispersive infrared (NDIR) absorption
type
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for carbon monoxide and carbon dioxide analysis; paramagnetic (PMD),
zirconia (ZRDO), or electrochemical type (ECS) for oxygen analysis; a
heated flame ionization (HFID) type for hydrocarbon analysis; and a
chemiluminescent detector (CLD) or heated chemiluminescent detector
(HCLD) for oxides of nitrogen analysis. Sections 89.309-96 through
89.324-96 set forth a full description of analyzer requirements and
specifications.
Sec. 89.305-96 Equipment measurement accuracy/calibration frequency.
The accuracy of measurements must be such that the maximum
tolerances shown in Table 3 in appendix A of this subpart are not
exceeded. Calibrate all equipment and analyzers according to the
frequencies shown in Table 3 in appendix A of this subpart.
Sec. 89.306-96 Dynamometer specifications and calibration weights.
(a) Dynamometer specifications. The dynamometer test stand and other
instruments for measurement of power output must meet the accuracy and
calibration frequency requirements shown in Table 3 in appendix A of
this subpart. The dynamometer must be capable of performing the test
cycle described in Sec. 89.410-96.
(b) Dynamometer calibration weights. A minimum of six calibration
weights for each range used are required. The weights must be spaced to
reflect good engineering judgement such that they cover the range of
weights required and must be traceable to within 0.5 percent of NIST
weights. Laboratories located in foreign countries may certify
calibration weights to local government bureau standards.
Sec. 89.307-96 Dynamometer calibration.
(a) If necessary, follow the dynamometer manufacturer's instructions
for initial start-up and basic operating adjustments.
(b) Check the dynamometer torque measurement for each range used by
the following method:
(1) Warm up the dynamometer following the dynamometer manufacturer's
specifications.
(2) Determine the dynamometer calibration moment arm (a distance/
weight measurement). Dynamometer manufacturer's data, actual
measurement, or the value recorded from the previous calibration used
for this subpart may be used.
(3) When calibrating the engine flywheel torque transducer, any
lever arm used to convert a weight or a force through a distance into a
torque must be in a horizontal position (5 degrees).
(4) Calculate the indicated torque (IT) for each calibration weight
to be used by:
IT = calibration weight (N) x calibration moment arm (m)
(5) Attach each calibration weight specified in Sec. 89.306-96 to
the moment arm at the calibration distance determined in paragraph
(b)(2) of this section. Record the power measurement equipment response
(N-m) to each weight.
(6) For each calibration weight, compare the torque value measured
in paragraph (b)(5) of this section to the calculated torque determined
in paragraph (b)(4) of this section.
(7) The measured torque must be within 2 percent of the calculated
torque.
(8) If the measured torque is not within 2 percent of the calculated
torque, adjust or repair the system. Repeat steps in paragraphs (b)(1)
through (b)(6) of this section with the adjusted or repaired system.
(c) Optional. A master load-cell or transfer standard may be used to
verify the torque measurement system.
(1) The master load-cell and read out system must be calibrated with
weights at each test weight specified in Sec. 89.306-96. The calibration
weights must be traceable to within 0.1 percent of applicable national
standards.
(2) Warm up the dynamometer following the equipment manufacturer's
specifications.
(3) Attach the master load-cell and loading system.
(4) Load the dynamometer to a minimum of 6 equally spaced torque
values as indicated by the master load-cell for each in-use range used.
(5) The in-use torque measurement must be within 2 percent of the
torque measured by the master system for each load used.
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(6) If the in-use torque is not within 2 percent of the master
torque, adjust or repair the system. Repeat steps in paragraphs (c)(2)
through (c)(5) of this section with the adjusted or repaired system.
(d) Calibrated resistors may not be used for engine flywheel torque
transducer calibration, but may be used to span the transducer prior to
engine testing.
(e) Perform other engine dynamometer system calibrations as dictated
by good engineering practice.
Sec. 89.308-96 Sampling system requirements for gaseous emissions.
(a) For each component (pump, sample line section, filters, and so
forth) in the heated portion of the sampling system that has a separate
source of power or heating element, use engineering judgment to locate
the coolest portion of that component and monitor the temperature at
that location. If several components are within an oven, then only the
surface temperature of the component with the largest thermal mass and
the oven temperature need be measured.
(b) If water is removed by condensation, the sample gas temperature
or sample dewpoint must be monitored either within the water trap or
downstream. It may not exceed 7 deg.C.
Sec. 89.309-96 Analyzers required for gaseous emissions.
(a) Analyzers. The following instruments are required for analyzing
the measured gases:
(1) Carbon Monoxide (CO) analysis. (i) The carbon monoxide analyzer
must be of the non-dispersive infrared (NDIR) absorption type.
(ii) The use of linearizing circuits is permitted.
(2) Carbon Dioxide (CO2) analysis. (i) The carbon dioxide
analyzer must be of the non-dispersive infrared (NDIR) absorption type.
(ii) The use of linearizing circuits is permitted.
(3) Oxygen (O2) analysis. Oxygen (O2) analyzers may be of
the paramagnetic (PMD), zirconia (ZRDO) or electrochemical type (ECS).
(4) Hydrocarbon (HC) analysis. (i) The hydrocarbon analyzer must be
of the heated flame ionization (HFID) type.
(ii) If the temperature of the exhaust gas at the sample probe is
below 190 deg.C, the temperature of the valves, pipework, and so forth,
must be controlled so as to maintain a wall temperature of 190 deg.C
11 deg.C. If the temperature of the exhaust gas at the
sample probe is above 190 deg.C, the temperature of the valves,
pipework, and so forth, must be controlled so as to maintain a wall
temperature greater than 180 deg.C.
(iii) The oven must be capable of maintaining temperature within 2
deg.C of the set point.
(iv) Fuel and burner air must conform to the specifications in
Sec. 89.312-96.
(v) The percent of oxygen interference must be less than 3 percent,
as specified in Sec. 89.319-96(d).
(5) Oxides of nitrogen (NOX) analysis. (i) This analysis device
must consist of the subsequent items, following the sample probe, in the
given order:
(A) Pipework, valves, and so forth, controlled so as to maintain a
wall temperature above 60 deg.C.
(B) A NO2 to NO converter. The NO2 to NO converter
efficiency must be at least 90 percent.
(C) An ice bath or other cooling device located after the NOX
converter.
(D) A chemiluminescent detector (CLD).
(ii) The quench interference must be less than 3.0 percent as
measured in Sec. 89.318-96.
(b) Other gas analyzers yielding equivalent results may be used with
advance approval of the Administrator.
(c) The following requirements must be incorporated in each system
used for testing under this subpart.
(1) Carbon monoxide and carbon dioxide measurements must be made on
a dry basis (for raw exhaust measurement only). Specific requirements
for the means of drying the sample can be found in Sec. 89.309-96(e).
(2) Calibration or span gases for the NOX measurement system
must pass through the NO2 to NO converter.
(d) The electromagnetic compatibility (EMC) of the equipment must be
on a level as to minimize additional errors.
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(e) Gas drying. Chemical dryers are not an acceptable method of
removing water from the sample. Water removal by condensation is
acceptable. A water trap performing this function and meeting the
specifications in Sec. 89.308-96(b) is an acceptable method. Means other
than condensation may be used only with prior approval from the
Administrator.