[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2008 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Parts 87 to 99
Revised as of July 1, 2008
Protection of Environment
________________________
Containing a codification of documents of generalapplicability
and future effect
As of July 1, 2008
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[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........ 1045
Table of CFR Titles and Chapters........................ 1049
Alphabetical List of Agencies Appearing in the CFR...... 1069
List of CFR Sections Affected........................... 1079
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and sectionnumber.
Thus, 40 CFR 87.1 refers
to title 40, part 87,
section1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of thegeneral and
permanent rules published in the Federal Register by theExecutive
departments and agencies of the Federal Government. The Codeis divided
into 50 titles which represent broad areas subject toFederal regulation.
Each title is divided into chapters which usuallybear the name of the
issuing agency. Each chapter is furthersubdivided into parts covering
specific regulatory areas.
Each volume of the Code is revised at least once each calendaryear
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 eachvolume.
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code ofFederal Regulations is kept up to date by the individual
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Codecontains 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 OMBcontrol number with their information
collection request.
[[Page vi]]
Manyagencies have begun publishing numerous OMB control numbers
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OBSOLETE PROVISIONS
Provisions that become obsoletebefore the revision date stated on
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1972, or 1973-1985, published in seven separatevolumes. For the period
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INCORPORATION BY REFERENCE
What is incorporation byreference? Incorporation by reference was
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Thismaterial, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director ofthe
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requirements of 1 CFR part 51 are met. Some of the elementson which
approval is based are:
(a) The incorporation will substantially reduce the volume
ofmaterial published in the Federal Register.
(b) The matter incorporated is in fact available to the
extentnecessary to afford fairness and uniformity in the
administrativeprocess.
(c) The incorporating document is drafted and submitted
forpublication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume
arelisted in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot befound? If
you have any problem locating or obtaining a copy ofmaterial listed in
the Finding Aids of this volume as an approvedincorporation by
reference, please contact the agency that issued theregulation
containing that incorporation. If, after contacting theagency, you find
the material is not available, please notify theDirector of the Federal
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20408, or call 202-741-6010.
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the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2008.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed ofthirty-one
volumes. The parts in these volumes are arranged in thefollowing order:
parts 1-49, parts 50-51, part 52(52.01-52.1018), part 52 (52.1019-End),
parts53-59, part 60 (60.1-End), part 60 (Appendices), parts61-62, part
63 (63.1-63.599), part 63(63.600-63.1199), part 63 (63.1200-63.1439),
part 63(63.1440-63.6175), part 63 (63.6580-63.8830), part 63(63.8980-
End) parts 64-71, parts 72-80, parts81-84, part 85-Sec. 86.599-99, part
86(86.600-1-End), parts 87-99, parts100-135, parts 136-149, parts 150-
189, parts190-259, parts 260-265, parts 266-299, parts300-399, parts
400-424, parts 425-699, parts700-789, and part 790 to End. The contents
of these volumesrepresent all current regulations codified under this
title of the CFRas of July 1, 2008.
Chapter I--Environmental Protection Agency appears inall thirty-one
volumes. Regulations issued by the Council onEnvironmental Quality,
including an Index to Parts 1500 through 1508,appear in the volume
containing part 790 to End. The OMB controlnumbers for title 40 appear
in Sec. 9.1 of this chapter.
For this volume, Susannah C. Hurley and Moja N. Mwaniki wereChief
Editors. The Code of Federal Regulations publication program isunder the
direction of Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 87 to 99)
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Part
chapter i--Environmental Protection Agency(Continued)....... 87
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
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Editorial Note: Nomenclature changes to chapter Iappear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June28, 2001; and 69 FR
18803, Apr. 9, 2004.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
87 Control of air pollution from aircraft and
aircraft engines........................ 5
88 Clean-fuel vehicles......................... 12
89 Control of emissions from new and in-use
nonroad compression-ignition engines.... 38
90 Control of emissions from nonroad spark-
ignition engines at orbelow 19 kilowatts 171
91 Control of emissions from marine spark-
ignition engines........................ 298
92 Control of air pollution from locomotives
and locomotive engines.................. 405
93 Determining conformity of Federal actions to
State or Federalimplementation plans.... 552
94 Control of air pollution from marine
compression-ignition engines............ 601
95 Mandatory patent licenses................... 686
96 NOX Budget Trading Program and
Cair NOXand SO2
Trading Programs for State
Implementation Plans.................... 688
97 Federal NOX Budget Trading
Program and CAIRNOX and
SO2 Trading Programs......... 853
98-99
[Reserved]
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 87_CONTROL OF AIR POLLUTION FROMAIRCRAFT 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.
87.8 Incorporation by reference.
Subpart B_Engine Fuel Venting Emissions (New and In-UseAircraft Gas
Turbine Engines)
87.10 Applicability.
87.11 Standard for fuel venting emissions.
Subpart C_Exhaust Emissions (New Aircraft Gas TurbineEngines)
87.20 Applicability.
87.21 Standards for exhaust emissions.
Subpart D_Exhaust Emissions (In-Use Aircraft Gas TurbineEngines)
87.30 Applicability.
87.31 Standards for exhaust emissions.
Subparts E-F [Reserved]
Subpart G_Test Procedures for Engine Exhaust GaseousEmissions (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 measuringgaseous 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 smokeexhaust
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 otherwisenoted.
Subpart A_General Provisions
Sec. 87.1 Definitions.
(a) As used in this part, all terms not defined herein shall havethe
meaning given them in the Act:
Act means the Clean Air Act, as amended (42 U.S.C. 7401et seq.).
Administrator means the Administrator of the EnvironmentalProtection
Agency and any other officer or employee of theEnvironmental Protection
Agency to whom authority involved may bedelegated.
Aircraft means any airplane for which a U.S. standardairworthiness
certificate or equivalent foreign airworthinesscertificate is issued.
Aircraft engine means a propulsion engine which is installedin or
which is manufactured for installation in an aircraft.
Aircraft gas turbine engine means a turboprop, turbofan, orturbojet
aircraft engine.
Class TP means all aircraft turboprop engines.
Class TF means all turbofan or turbojet aircraft engines oraircraft
engines designed for applications that otherwise would havebeen
fulfilled by turbojet and turbofan engines except engines ofclass T3,
T8, and TSS.
Class T3 means all aircraft gas turbine engines of the JT3Dmodel
family.
Class T8 means all aircraft gas turbine engines of the JT8Dmodel
family.
Class TSS means all aircraft gas turbine engines employedfor
propulsion of aircraft designed to operate at supersonic flightspeeds.
Commercial aircraft engine means any aircraft engine used orintended
for use by an ``air carrier,'' (including thoseengaged in ``intrastate
air transportation'') or a``commercial operator'' (including those
engaged in``intrastate
[[Page 6]]
air transportation'') as these terms aredefined in the Federal Aviation
Act and the Federal AviationRegulations.
Commercial aircraft gas turbine engine means a turboprop,turbofan,
or turbojet commercial aircraft engine.
Emission measurement system means all of the equipmentnecessary to
transport and measure the level of emissions. Thisincludes the sample
system and the instrumentation system.
Engine Model means all commercial aircraft turbine engineswhich are
of the same general series, displacement, and designcharacteristics and
are usually approved under the same typecertificate.
Exhaust emissions means substances emitted to the atmospherefrom the
exhaust discharge nozzle of an aircraft or aircraft engine.
Fuel venting emissions means raw fuel, exclusive ofhydrocarbons in
the exhaust emissions, discharged from aircraft gasturbine engines
during all normal ground and flight operations.
In-use aircraft gas turbine engine means an aircraft gasturbine
engine which is in service.
New aircraft turbine engine means an aircraft gas turbineengine
which has never been in service.
Power setting means the power or thrust output of an enginein terms
of kilonewtons thrust for turbojet and turbofan engines andshaft power
in terms of kilowatts for turboprop engines.
Rated output (rO) means the maximum power/thrust availablefor
takeoff at standard day conditions as approved for the engine bythe
Federal Aviation Administration, including reheat contributionwhere
applicable, but excluding any contribution due to waterinjection.
Rated pressure ratio (rPR) means the ratio between thecombustor
inlet pressure and the engine inlet pressure achieved by anengine
operating at rated output.
Sample system means the system which provides for thetransportation
of the gaseous emission sample from the sample probe tothe inlet of the
instrumentation system.
Secretary means the Secretary of Transportation and anyother officer
or employee of the Department of Transportation to whomthe authority
involved may be delegated.
Shaft power means only the measured shaft power output of aturboprop
engine.
Smoke means the matter in exhaust emissions which obscuresthe
transmission of light.
Smoke number (SN) means the dimensionless term quantifyingsmoke
emissions.
Standard day conditions means standard ambient conditions
asdescribed 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 involvingtaxi and
idle between the time of landing roll-out and final shutdownof all
propulsion engines.
Taxi/idle (out) means those aircraft operations involvingtaxi and
idle between the time of initial starting of the propulsionengine(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; 62
FR 25365, May 8, 1997]
Sec. 87.2 Abbreviations.
The abbreviations used in this part have the following meanings
inboth upper and lower case:
CO Carbon Monoxide
FAA Federal Aviation Administration, Department ofTransportation
HC Hydrocarbon(s)
hr. Hour(s)
LTO Landing takeoff
min. Minute(s)
NOX Oxides of nitrogen
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; 62
FR 25365, May 8, 1997]
[[Page 7]]
Sec. 87.3 General requirements.
(a) This part provides for the approval or acceptance by
theAdministrator or the Secretary of testing and sampling
methods,analytical, techniques, and related equipment not identical to
thosespecified in this part. Before either approves or accepts any
suchalternate, equivalent, or otherwise nonidentical procedures
orequipment, the Administrator or the Secretary shall consult with
theother in determining whether or not the action requires
rulemakingunder sections 231 and 232 of the Clean Air Act, as
amended,consistent with the Administrator's and the
Secretary'sresponsibilities under sections 231 and 232 of the Act. (42
U.S.C.7571, 7572).
(b) Under section 232 of the Act, the Secretary issues regulationsto
insure compliance with this part.
(c) With respect to aircraft of foreign registry, theseregulations
shall apply in a manner consistent with any obligationassumed by the
United States in any treaty, convention or agreementbetween the United
States and any foreign country or foreigncountries.
Sec. 87.4 [Reserved]
Sec. 87.5 Special test procedures.
The Administrator or the Secretary may, upon written applicationby a
manufacturer or operator of aircraft or aircraft engines, approvetest
procedures for any aircraft or aircraft engine that is notsusceptible to
satisfactory testing by the procedures set forthherein. Prior to taking
action on any such application, theAdministrator 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
theSecretary determines that an emission standard cannot be met
withinthe specified time without creating a safety hazard.
Sec. 87.7 Exemptions.
(a) Exemptions based on flights for short durations atinfrequent
intervals. The emission standards of this part do notapply to engines
which power aircraft operated in the United Statesfor short durations at
infrequent intervals. Such operations arelimited to:
(1) Flights of an aircraft for the purpose of export to a
foreigncountry, including any flights essential to demonstrate the
integrityof an aircraft prior to its flight to a point outside the
UnitedStates.
(2) Flights to a base where repairs, alterations or maintenanceare
to be performed, or to a point of storage, and flights for thepurpose of
returning an aircraft to service.
(3) Official visits by representatives of foreign governments.
(4) Other flights the Secretary determines, after consultationwith
the Administrator, to be for short durations at infrequentintervals. A
request for such a determination shall be made before theflight takes
place.
(b) Exemptions for very low production models. The
emissionsstandards of this part do not apply to engines of very low
totalproduction after the date of applicability. For the purpose of
thispart, ``very low production'' is limited to a maximumtotal
production for United States civil aviation applications of nomore than
200 units covered by the same type certificate after January1, 1984.
(c) Exemptions for New Engines in Other Categories. Theemissions
standards of this part do not apply to engines for which theSecretary
determines, with the concurrence of the Administrator, thatapplication
of any standard under Sec. 87.21 is notjustified, based upon
consideration of:
(1) Adverse economic impact on the manufacturer.
(2) Adverse economic impact on the aircraft and airline industriesat
large.
(3) Equity in administering the standards among all
economicallycompeting parties.
(4) Public health and welfare effects.
(5) Other factors which the Secretary, after consultation with
theAdministrator, may deem relevant to the case in question.
(d) Time Limited Exemptions for In Use Engines. Theemissions
standards of this part do not apply to aircraft or aircraftengines for
time periods which the Secretary determines, with theconcurrence of the
Administrator, that any applicable standard underSec. 87.11(a),
[[Page 8]]
Sec. 87.31(a), orSec. 87.31(c), should not be applied based
uponconsideration of the following:
(1) Documentation demonstrating that all good faith efforts
toachieve compliance with such standard have been made.
(2) Documentation demonstrating that the inability to comply
withsuch standard is due to circumstances beyond the control of the
owneror operator of the aircraft.
(3) A plan in which the owner or operator of the aircraft showsthat
he will achieve compliance in the shortest time which isfeasible.
(4) Applications for a determination that any requirements ofSec.
87.11(a), Sec. 87.31(a) orSec. 87.31(c) do not apply shall be
submitted in duplicateto the Secretary in accordance with procedures
established by theSecretary.
(e) The Secretary shall publish in the Federal Register thename of
the organization to whom exemptions are granted and the periodof such
exemptions.
(f) No state or political subdivision thereof may attempt toenforce
a standard respecting emissions from an aircraft or engine ifsuch
aircraft or engine has been exempted from such standard underthis part.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug.9, 1984; 49
FR 41002, Oct. 18, 1984; 70 FR 69686, Nov. 17, 2005]
Sec. 87.8 Incorporation by reference.
We have incorporated by reference the documents listed in
thissection. The Director of the Federal Register approved
theincorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFRpart 51. Anyone may inspect copies at the U.S. EPA, Air and
RadiationDocket and Information Center, 1301 Constitution Ave., NW.,
Room B102,EPA West Building, Washington, DC 20460 or at the National
Archivesand Records Administration (NARA). For information on the
availabilityof this material at NARA, call 202-741-6030, or go to:http:/
/www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
(a) ICAO material. Table 1 of Sec. 87.8 listsmaterial from the
International Civil Aviation Organization that wehave incorporated by
reference. The first column lists the number andname of the material.
The second column lists the sections of thispart where we reference it.
Anyone may purchase copies of thesematerials from the International
Civil Aviation Organization, DocumentSales Unit, 999 University Street,
Montreal, Quebec, Canada H3C 5H7.Table 1 follows:
Table 1 of Sec. 87.8--ICAOMaterials
------------------------------------------------------------------------
Document number and name Part 87 reference
------------------------------------------------------------------------
International Civil Aviation Organization 87.8, 87.64, 87.71, 87.82,
Annex 16, EnvironmentalProtection, Volume 87.89.
II, Aircraft Engine Emissions, Second
Edition, July1993, Including Amendment 3
of March 20, 1997 (as indicated
infootnoted pages.).
------------------------------------------------------------------------
(b) [Reserved]
[70 FR 69686, Nov. 17, 2005]
Subpart B_Engine Fuel Venting Emissions (New and In-UseAircraft Gas
Turbine Engines)
Sec. 87.10 Applicability.
(a) The provisions of this subpart are applicable to all newaircraft
gas turbines of classes T3, T8, TSS and TF equal to orgreater than 36
kilonewton rated output, manufactured on or afterJanuary 1, 1974, and to
all in-use aircraft gas turbine engines ofclasses T3, T8, TSS and TF
equal to or greater than 36 kilonewtonrated output manufactured after
February 1, 1974.
(b) The provisions of this subpart are also applicable to all
newaircraft gas turbines of class TF less than 36 kilonewton rated
outputand class TP manufactured on or after January 1, 1975 and to all
in-use aircraft gas turbines of class TF less than 36 kilonewton
ratedoutput 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 theatmosphere
from any new or in-use aircraft gas turbine engine subjectto the
subpart. This paragraph is directed at the elimination ofintentional
discharge to the atmosphere of fuel drained from fuel
[[Page 9]]
nozzle manifolds after engines are shut down and does not apply tonormal
fuel seepage from shaft seals, joints, and fittings.
(b) Conformity with the standard set forth in paragraph (a) ofthis
section shall be determined by inspection of the method designedto
eliminate these emissions.
Subpart C_Exhaust Emissions (New Aircraft Gas TurbineEngines)
Sec. 87.20 Applicability.
The provisions of this subpart are applicable to all aircraft
gasturbine engines of the classes specified beginning on the
datesspecified.
Sec. 87.21 Standards for exhaust emissions.
(a) Exhaust emissions of smoke from each new aircraft gas
turbineengine of class T8 manufactured on or after February 1, 1974,
shallnot exceed: Smoke number of 30.
(b) Exhaust emissions of smoke from each new aircraft gas
turbineengine of class TF and of rated output of 129 kilonewtons thrust
orgreater, 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
turbineengine of class T3 manufactured on or after January 1, 1978,
shall notexceed: Smoke number of 25.
(d) Gaseous exhaust emissions from each new commercial aircraftgas
turbine engine shall not exceed:
(1) Classes TF, T3, T8 engines greater than 26.7 kilonewtons
ratedoutput:
(i) Engines manufactured on or after January 1, 1984:
Hydrocarbons: 19.6 grams/kilonewton rO.
(ii) Engines manufactured on or after July 7, 1997.
Carbon Monoxide: 118 grams/kilonewton rO.
(iii) Engines of a type or model of which the date of manufactureof
the first individual production model was on or before December 31,1995
and for which the date of manufacture of the individual enginewas on or
before December 31, 1999.
Oxides of Nitrogen: (40 + 2(rPR)) grams/kilonewtons rO.
(iv) Engines of a type or model of which the date of manufactureof
the first individual production model was after December 31, 1995or for
which the date of manufacture of the individual engine wasafter December
31, 1999:
Oxides of Nitrogen: (32 + 1.6(rPR)) grams/kilonewtons rO.
(v) The emission standards prescribed in paragraphs (d)(1) (iii)and
(iv) of this section apply as prescribed beginning July 7, 1997.
(vi) Engines of a type or model of which the date of manufactureof
the first individual production model was after December 31, 2003:
(A) Engines with a rated pressure ratio of 30 or less:
(1) Engines with a maximum rated output greater than 89kilonewtons:
Oxides of Nitrogen: (19 + 1.6(rPR)) grams/kilonewtons rO.
(2) Engines with a maximum rated output greater than 26.7kilonewtons
but not greater than 89 kilonewtons:
Oxides ofNitrogen: (37.572 + 1.6(rPR) - 0.2087(rO)) grams/
kilonewtonsrO.
(B) Engines with a rated pressure ratio greater than 30 but lessthan
62.5:
(1) Engines with a maximum rated output greater than 89kilonewtons:
Oxides of Nitrogen: (7 + 2(rPR)) grams/kilonewtons rO.
(2) Engines with a maximum rated output greater than 26.7kilonewtons
but not greater than 89 kilonewtons:
Oxides ofNitrogen: (42.71 + 1.4286(rPR) - 0.4013(rO) + 0.00642(rPRx
rO)) grams/kilonewtons rO.
(C) Engines with a rated pressure ratio of 62.5 or more:
Oxidesof Nitrogen: (32 + 1.6(rPR)) grams/kilonewtons rO.
(vii) The emission standards prescribed in paragraph (d)(1)(vi)
ofthis section shall apply as prescribed beginning December 19, 2005.
(2) Class TSS: Engines manufactured on or after January 1, 1984:
Hydrocarbons=140(0.92)\rPR\ grams/kilonewtons rO.
[[Page 10]]
(e) Smoke exhaust emissions from each gas turbine engine ofthe
classes specified below shall not exceed:
(1) Class TF of rated output less than 26.7 kilonewtonsmanufactured
on or after (one year from date of publication):
SN=83.6(ro)-0.274 (ro is in kilonewtons) not toexceed a
maximum of SN=50.
(2) Classes T3, T8, TSS and TF of rated output equal to or
greaterthan 26.7 kilonewtons manufactured on or after January 1, 1984:
SN=83.6(ro)-0.274 (ro is in kilonewtons) not toexceed a
maximum of SN=50.
(3) Class TP of rated output equal to or greater than 1,000kilowatts
manufactured on or after January 1, 1984:
SN=187(ro) -0.168 (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 samplerepresenting
the operating cycles set forth in the applicable sectionsof subpart G of
this part, and exhaust smoke emissions emitted duringoperations of the
engine as specified in the applicable sections ofsubpart H of this part,
measured and calculated in accordance with theprocedures set forth in
those subparts.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug.9, 1984; 62
FR 25365, May 8, 1997; 70 FR 69686, Nov. 17, 2005]
Subpart D_Exhaust Emissions (In-Use Aircraft Gas TurbineEngines)
Sec. 87.30 Applicability.
The provisions of this subpart are applicable to all in-useaircraft
gas turbine engines certified for operation within the UnitedStates 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 gasturbine
engine of Class T8, beginning February 1, 1974, shall notexceed: Smoke
number of 30.
(b) Exhaust emissions of smoke from each in-use aircraft gasturbine
engine of class TF and of rated output of 129 kilonewtonsthrust 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 thissection
refer to exhaust smoke emissions emitted during operations ofthe engine
as specified in the applicable section of subpart H of thispart, and
measured and calculated in accordance with the proceduresset 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 GaseousEmissions (Aircraft
and Aircraft Gas Turbine Engines)
Sec. 87.60 Introduction.
(a) Except as provided under Sec. 87.5, the proceduresdescribed in
this subpart shall be the test program to determine theconformity of new
aircraft gas turbine engines with the applicablestandards set forth in
this part.
(b) The test consists of operating the engine at prescribed
powersettings on an engine dynamometer (for engines producing
primarilyshaft power) or thrust measuring test stand (for engines
producingprimarily thrust). The exhaust gases generated during engine
operationare sampled continuously for specific component analysis
through theanalytical train.
(c) The exhaust emission test is designed to measure
hydrocarbons,carbon monoxide, carbon dioxide, and oxides of
nitrogenconcentrations, and to determine mass emissions through
calculationsduring a simulated aircraft landing-takeoff cycle (LTO). The
LTO cycleis based on time in mode data during high activity periods at
majorairports. The test for propulsion engines consists of at least
thefollowing four modes of engine operation: taxi/idle,
takeoff,climbout, and approach. The mass emission for the modes are
combinedto yield the reported values.
(d) When an engine is tested for exhaust emissions on an
enginedynamometer or test stand, the complete
[[Page 11]]
engine shall be used withall accessories which might reasonably be
expected to influenceemissions to the atmosphere installed and
functioning, if nototherwise prohibited by Sec. 87.62(a)(2). Use of
service airbleed and shaft power extraction to power auxiliary gearbox-
mountedcomponents required to drive aircraft systems is not permitted.
(e) Other gaseous emissions measurement systems may be used ifshown
to yield equivalent results and if approved in advance by
theAdministrator or the Secretary.
[47 FR 58470, Dec. 30, 1982, as amended at 49 FR 31875, Aug.9, 1984; 62
FR 25366, May 8, 1997]
Sec. 87.61 Turbine fuel specifications.
For exhaust emission testing, fuel meeting the specificationslisted
in this section shall be used. Additives used for the purposeof smoke
suppression (such as organometallic compounds) shall not bepresent.
Property and Allowable Range of Values
Density kg/m\3\ at 15 [deg]C: 780-820.
Distillation temperature, [deg]C: 10% boiling point,155-201; final
boiling point, 235-285.
Net heat of combustion, MJ/kg: 42.86-43.50.
Aromatics, volume %: 15-23.
Naphthalenes, volume %: 1.0-3.5.
Smoke point, mm: 20-28.
Hydrogen, mass %: 13.4-14.1.
Sulfur, mass %: less than 0.3%.
Kinematic viscosity at -20 [deg]C, mm\2\/s:2.5-6.5.
[62 FR 25366, May 8, 1997]
Sec. 87.62 Test procedure (propulsion engines).
(a)(1) The engine shall be tested in each of the following
engineoperating modes which simulate aircraft operation to determine
itsmass emission rates. The actual power setting, when corrected
tostandard day conditions, should correspond to the followingpercentages
of rated output. Analytical correction for variations fromreference day
conditions and minor variations in actual power settingshould 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
powersetting of 7% rated thrust unless the Secretary determines that
theunique characteristics of an engine model undergoing
certificationtesting at 7% would result in substantially different HC
and COemissions than if the engine model were tested at the
manufacturersrecommended idle power setting. In such cases the Secretary
shallspecify 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 engineswhich
have achieved a steady operating temperature.
[47 FR 58470, Dec. 30, 1982, as amended at 62 FR 25366, May 8,1997]
Sec. 87.63 [Reserved]
Sec. 87.64 Sampling and analytical procedures for measuring gaseous exhaustemissions.
The system and procedures for sampling and measurement of
gaseousemissions shall be as specified by Appendices 3 and 5 to ICAO
Annex 16(incorporated by reference in Sec. 87.8).
[70 FR 69686, Nov. 17, 2005]
Sec. Sec. 87.65-87.70 [Reserved]
Sec. 87.71 Compliance with gaseous emission standards.
Compliance with each gaseous emission standard by an aircraftengine
shall be determined by comparing the pollutant level ingrams/kilonewton/
thrust/cycle or grams/kilowatt/cycle as
[[Page 12]]
calculated in Sec. 87.64 with the applicable emissionstandard under
this part. An acceptable alternative to testing everyengine is described
in Appendix 6 to ICAO Annex 16 (incorporated byreference in Sec. 87.8).
Other methods of demonstratingcompliance may be approved by the
Secretary with the concurrence ofthe Administrator.
[70 FR 69686, Nov. 17, 2005]
Subpart H_Test Procedures for Engine Smoke Emissions(Aircraft Gas
Turbine Engines)
Sec. 87.80 Introduction.
Except as provided under Sec. 87.5, the proceduresdescribed in this
subpart shall be the test program to determine theconformity of new and
in-use gas turbine engines with the applicablestandards set forth in
this part. The test is essentially the same asthat described in
Sec. Sec. 87.60 through 87.62, exceptthat the test is designed to
determine the smoke emission level atvarious operating points
representative of engine usage in aircraft.Other smoke measurement
systems may be used if shown to yieldequivalent results and if approved
in advance by the Administrator orthe Secretary.
Sec. 87.81 Fuel specifications.
Fuel having specifications as provided in Sec. 87.61shall be used
in smoke emission testing.
Sec. 87.82 Sampling and analytical procedures for measuring smoke exhaustemissions.
The system and procedures for sampling and measurement of
smokeemissions shall be as specified by Appendix 2 to ICAO Annex
16(incorporated by reference in Sec. 87.8).
[70 FR 69687, Nov. 17, 2005]
Sec. Sec. 87.83-87.88 [Reserved]
Sec. 87.89 Compliance with smoke emission standards.
Compliance with each smoke emission standard shall be determinedby
comparing the plot of SN as a function of power setting with
theapplicable emission standard under this part. The SN at every
powersetting must be such that there is a high degree of confidence
thatthe standard will not be exceeded by any engine of the model
beingtested. An acceptable alternative to testing every engine is
describedin Appendix 6 to ICAO Annex 16 (incorporated by reference
inSec. 87.8).
[70 FR 69687, Nov. 17, 2005]
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 emissionstandards for light-duty
vehicles and light-duty trucks.
88.105-94 Clean-fuel fleet emission standards forheavy-duty engines.
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 PilotTest Program.
88.205-94 California Pilot Test Program CreditsProgram.
88.206-94 State opt-in for the California Pilot TestProgram.
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 labelingrequirements for heavy-duty
vehicles.
88.306-94 Requirements for a converted vehicle toqualify as a clean-fuel
fleet vehicle.
88.307-94 Exemption from temporal transporationcontrol measures for
CFFVs.
88.308-94 Programmatic requirements for clean-fuelfleet 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.
[[Page 13]]
88.313-93 Incentives for the purchase ofInherently 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 otherwisenoted.
Subpart A_Emission Standards for Clean-Fuel Vehicles
Sec. 88.101-94 General applicability.
The clean-fuel vehicle standards and provisions of this subpartare
applicable to vehicles used in subpart B of this part (the CleanFuel
Fleet Program) and subpart C of this part (the California PilotTest
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
partshall have the meaning given them in 40 CFR part 86, subpart A.
Adjusted Loaded Vehicle Weight is defined as the numericalaverage of
the vehicle curb weight and the GVWR.
Dual Fuel Vehicle (or Engine) means any motor vehicle (ormotor
vehicle engine) engineered and designed to be operated on twodifferent
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 onany mixture of
two or more different fuels.
Heavy Light-Duty Truck means any light-duty truck ratedgreater than
6000 lbs. GVWR.
Light Light-Duty Truck means any light-duty truck ratedthrough 6000
lbs GVWR.
Loaded Vehicle Weight is defined as the curb weight plus 300lbs.
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 applicableLow-
Emission Vehicle standard.
Non-methane Hydrocarbon Equivalent means the sum of thecarbon mass
emissions of non-oxygenated non-methane hydrocarbons plusthe carbon mass
emissions of alcohols, aldehydes, or other organiccompounds which are
separately measured in accordance with theapplicable test procedures of
40 CFR part 86, expressed as gasoline-fueled vehicle non-methane
hydrocarbons. In the case of exhaustemissions, the hydrogen-to-carbon
ratio of the equivalent hydrocarbonis 1.85:1. In the case of diurnal and
hot soak emissions, thehydrogen-to-carbon ratios of the equivalent
hydrocarbons are 2.33:1and 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 andthe
GVWR.
Transitional Low-Emission Vehicle means any light-dutyvehicle or
light-duty truck conforming to the applicable TransitionalLow-Emission
Vehicle standard.
Ultra Low-Emission Vehicle means any light-duty vehicle orlight-duty
truck conforming to the applicable Ultra Low-EmissionVehicle standard,
or any heavy-duty vehicle with an engine conformingto 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-EmissionVehicle
standard.
[57 FR 60046, Dec. 17, 1992. Redesignated and amended at 59 FR50074,
Sept. 30, 1994]
Sec. 88.103-94 Abbreviations.
The abbreviations of part 86 also apply to this subpart.
Theabbreviations 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
[[Page 14]]
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 FR50074,
Sept. 30, 1994]
Sec. 88.104-94 Clean-fuel vehicle tailpipe emission standards for light-dutyvehicles and light-duty trucks.
(a) A light-duty vehicle or light-duty truck will be considered asa
TLEV, LEV, ULEV, or ZEV if it meets the applicable requirements ofthis
section.
(b) Light-duty vehicles certified to the exhaust emissionstandards
for TLEVs, LEVs, and ULEVs in Tables A104-1 andA104-2 shall be
considered as meeting the requirements of thissection for that
particular vehicle emission category for model years1994-2000 for the
California Pilot Program.
(c) Light-duty vehicles certified to the exhaust emissionstandards
for LEVs and ULEVs in Tables A104-1 and A104-2shall be considered as
meeting the requirements of this section forthat particular vehicle
emission category for model years 2001 andlater for the California Pilot
Program, and for model years 1998 andlater for the Clean Fuel Fleet
Program.
(d) Light light-duty trucks certified to the exhaust
emissionstandards for a specific weight category for TLEVs, LEVs, and
ULEVs inTables A104-3 and A104-4 shall be considered as meetingthe
requirements of this section for that particular vehicle
emissioncategory. For model years 1994-2000 for the California
PilotProgram.
(e) Light Light-duty trucks certified to the exhaust
emissionstandards for a specific weight category for LEVs and ULEVs in
TablesA104-3 and A104-4 shall be considered as meeting therequirements
of this section for that particular vehicle emissioncategory. For model
years 2001 and later for the California PilotProgram, and for model
years 1998 and later for the Clean Fuel FleetProgram.
(f) Heavy light-duty trucks certified to the exhaust
emissionstandards for a specific weight category of LEVs and ULEVs in
TablesA104-5 and A104-6 for model years 1998 and later shallbe
considered as meeting the requirements of this section for
thatparticular vehicle emission category.
(g) A light-duty vehicle or light-duty truck shall be certified asa
ZEV if it is determined by engineering analysis that the
vehiclesatisfies the following conditions:
(1) The vehicle fuel system(s) must not contain either carbon
ornitrogen compounds (including air) which, when burned, form any of
thepollutants listed in Table A104-1 as exhaust emissions.
(2) All primary and auxiliary equipment and engines must have
noemissions of any of the pollutants listed in Table A104-1.
(3) The vehicle fuel system(s) and any auxiliary engine(s) musthave
no evaporative emissions in use.
(4) Any auxiliary heater must not operate at ambient
temperaturesabove 40 degrees Fahrenheit.
(h) NMOG standards for flexible- and dual-fueled vehicles
whenoperating on clean alternative fuel--(1) Light-dutyvehicles, and
light light-duty trucks. Flexible- and dual-fueledLDVs and light LDTs of
1996 model year and later shall meet allstandards in Table A104-7 for
vehicles of the applicable modelyear, loaded vehicle weight, and vehicle
emission category.
(2) Light-duty trucks above 6,000 lbs GVWR. Flexible- anddual-fueled
LDTs above 6,000 lbs. GVWR of 1998 model year and latershall meet all
standards in Table A104-8 for vehicles of theapplicable test weight and
vehicle emission category.
(i) NMOG standards for flexible- and dual-fueled vehicles
whenoperating on conventional fuel--(1) Light-duty vehicles,and light
light-duty trucks. Flexible- and dual-fueled LDVs andlight LDTs of 1996
model year and later shall meet all standards inTable A104-9 for
vehicles of the applicable model year, loadedvehicle weight, and vehicle
emission category.
(2) Light-duty trucks above 6,000 lbs GVWR. Flexible- anddual-fueled
LDTs of 1998 model year and later shall meet all standardsin Table A104-
10 for vehicles of the applicable test weight andvehicle emission
category.
(j) Other standards for flexible- and dual-fueled vehicles.When
operating on clean alternative fuel, flexible- and dual- fueledlight-
duty vehicles and light light-duty trucks must also meet
[[Page 15]]
theappropriate 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 standardsand requirements. When operating on conventional
fuel, flexible- anddual-fueled vehicles must also meet all other
applicable standards andrequirements in 40 CFR part 86.
(k) Motor vehicles subject to standards and requirements of
thissection shall also comply with all applicable standards
andrequirements of 40 CFR part 86, except that any exhaust
emissionstandards in 40 CFR part 86 pertaining to pollutants for
whichstandards are established in this section shall not apply.
Forconverted vehicles, the applicable standards and requirements of
40CFR part 86 and this part 88 shall apply based on the model year
inwhich the conversion is performed, regardless of the model year
inwhich the base vehicle was originally manufactured prior toconversion.
(1) Gaseous-fueled, diesel-fueled, and electric clean-fuelvehicles
are waived from cold CO test requirements of subpart C ofthis part if
compliance is demonstrated by engineering analysis ortest data.
(2) The standards in this section shall be administered andenforced
in accordance with the California Regulatory RequirementsApplicable 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 Directorof
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFRpart
51.
(ii) Copies may be inspected at U.S. EPA, OAR, 401 M St.,
SW.,Washington, DC 20460, or at the National Archives and
RecordsAdministration (NARA). For information on the availability of
thismaterial at NARA, call 202-741-6030, or go to:http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. Copies of these materials may be obtainedfrom Barclay's
Law Publishers, 400 Oyster Point Boulevard, P.O. Box3066, South San
Francisco, CA 94080, phone (415) 244-6611.
Tables to Sec. 88.104-94
TableA104-1--Intermediate Useful Life Standards (g/mi) forLight-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.
Table A104-2--FullUseful 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.
TableA104-3--Intermediate Useful Life Standards (g/mi) forLight 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 ...........
[[Page 16]]
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--FullUseful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO,NOX. HCHO, and PM
----------------------------------------------------------------------------------------------------------------
Vehicle
LVW (lbs) emissioncategory 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.
TableA104-5--Intermediate Useful Life Standards (g/mi) forHeavy 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\[th]nsp;
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--FullUseful Life Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO,NOX. HCHO, and PM
----------------------------------------------------------------------------------------------------------------
Vehicle
ALVW (lbs) emissioncategory NMOG CO NOX HCHO PM\1\
----------------------------------------------------------------------------------------------------------------
0-3750................ LEV.................... \2\ 0.180 \2\ 5.0 0.6 \2\[th]nsp; \2\ 0.08
0.022
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.
Table A104-7--NMOG Standards(g/mi) for Flexible- and Dual-Fueled
Vehicles When Operating on CleanAlternative Fuel for Light Light-Duty
Trucks and Light-Duty Vehicles
------------------------------------------------------------------------
50,000 mile
Vehicle type NMOG 100,000 mile
standard NMOGstandard
------------------------------------------------------------------------
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
------------------------------------------------------------------------
[[Page 17]]
Table A104-8--NMOG Standards(g/mi) for Flexible- and Dual-Fueled
Vehicles When Operating on CleanAlternative 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 onConventional Fuel for Light Light-Duty Trucks
and Light-Duty Vehicles
------------------------------------------------------------------------
50,000 mile
Vehicle type NMOG 100,000 mile
standard NMOGstandard
------------------------------------------------------------------------
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 onConventional 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
emissionvehicles shall meet one of the following standards:
(1) Combined emissions of oxides of nitrogen and
nonmethanehydrocarbons (or nonmethane hydrocarbon equivalent) shall not
exceed3.8 grams per brake horsepower-hour.
(2) Combined emissions of oxides of nitrogen and
nonmethanehydrocarbons (or nonmethane hydrocarbon equivalent) shall not
exceed3.5 grams per brake horsepower-hour when tested (certified) on
fuelmeeting the specifications of California certification fuel.
(b) Exhaust emissions from engines used in heavy-duty low
emissionvehicles shall meet conventional vehicle standards set forth in
Part86 for total hydrocarbon, carbon monoxide, particulate, and
organicmaterial hydrocarbon equivalent.
(c) Exhaust emissions from engines used in ultra-low emissionheavy-
duty vehicles shall meet each of the following standards:
(1) The combined emissions of oxides of nitrogen and
nonmethanehydrocarbons (or nonmethane hydrocarbon equivalent) shall not
exceed2.5 grams per brake horsepower-hour.
(2) Carbon monoxide emissions shall not exceed 7.2 grams per
brakehorsepower-hour.
(3) Particulate emissions shall not exceed 0.05 grams per
brakehorsepower-hour.
(4) Formaldehyde emissions shall not exceed 0.025 grams per
brakehorsepower-hour.
(d) Exhaust emissions from engines used in inherently-low
emissionheavy-duty vehicles shall meet each of the following standards:
[[Page 18]]
(1) The combined emissions of oxides of nitrogen andnonmethane
hydrocarbons (or nonmethane hydrocarbon equivalent) shallnot exceed 2.5
grams per brake horsepower-hour.
(2) Carbon monoxide emissions shall not exceed 14.4 grams perbrake
horsepower-hour.
(3) Particulate emissions shall not exceed 0.10 grams per
brakehorsepower-hour.
(4) Formaldehyde emissions shall not exceed 0.05 grams per
brakehorsepower-hour.
(e) The standards set forth in paragraphs (a), (b), (c), and (d)of
this section refer to the exhaust emitted while the vehicle isbeing
tested in accordance with the applicable test procedures setforth in 40
CFR part 86, subpart N.
(f)(1) A heavy-duty zero-emission vehicle (ZEV) has a standard
ofzero emissions for nonmethane hydrocarbons, oxides of nitrogen,
carbonmonoxide, formaldehyde, and particulates.
(2) A heavy-duty vehicle shall be certified as a ZEV if it
isdetermined by engineering analysis that the vehicle satisfies
thefollowing conditions:
(i) The vehicle fuel system(s) must not contain either carbon
ornitrogen compounds (including air) which, when burned, form
nonmethanehydrocarbons, oxides of nitrogen, carbon monoxide,
formaldehyde, orparticulates as exhaust emissions.
(ii) All primary and auxiliary equipment and engines must have
noemissions of nonmethane hydrocarbons, oxides of nitrogen,
carbonmonoxide, formaldehyde, and particulates.
(iii) The vehicle fuel system(s) and any auxiliary engine(s)
musthave no evaporative emissions.
(iv) Any auxiliary heater must not operate at ambient
temperaturesabove 40 degrees Fahrenheit.
(g) All heavy-duty engines used in low emission, ultra-lowemission,
or zero emission vehicles shall also comply with allapplicable standards
and requirements of 40 CFR part 86, except thatany exhaust emission
standards in 40 CFR part 86 pertaining topollutants for which standards
are established in this section shallnot 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 applyto the
following:
(a) State Implementation Plan revisions for the State ofCalifornia
and other states pursuant to compliance with section 249 ofthe 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
the1992 model year.
Averaging for clean-fuel vehicles means the sale of clean-fuel
vehicles that meet more stringent standards than required, whichallows
the manufacturer to sell fewer clean-fuel vehicles than wouldotherwise
be required.
Banking means the retention of credits, by the
manufacturergenerating the emissions credits, for use in future model-
yearcertification as permitted by regulation.
Sales means vehicles that are produced, sold, anddistributed (in
accordance with normal business practices andapplicable franchise
agreements) in the State of California, includingowners of covered
fleets under subpart C of part 86 of this chapter.The manufacturer can
choose at their option from one of the followingthree 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 adealer,
distributer, fleet operator, broker, or any other entity whichcomprises
the first point of sale.
(iii) Sales is defined as equivalent to the production of
vehiclesfor the state of California. This option can be revoked if it
isdetermined that the production and actual sales numbers do not
exhibita functional equivalence
[[Page 19]]
per the language ofSec. 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
86apply 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 cleanfuel
vehicles in California for this program shall correspond to TableB204.
(b) (1) When manufacturers of vehicles subject to the regulationsof
this section file a report pursuant to 40 CFR 86.085-37(b),such report
shall include the following information: the number oflight-duty
vehicles and light-duty trucks sold only in California, andthe number of
clean-fuel vehicles sold for the Pilot program beginningwith model year
1996.
(2) For model years 1996 and 1997, manufacturers may exclude
heavylight-duty trucks from the reporting required by this section.
(c) (1) Except as provided in paragraph (d) of this section,
eachvehicle manufacturer must sell clean-fuel vehicles in California in
anamount equal to the required annual sales volume calculated
inparagraph (c)(2) of this section.
(2) The required annual clean fuel vehicle sales volume for agiven
manufacturer is expressed in the following equation rounded tothe
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 salesin
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 salesin 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 ofall
manufacturers three and four model years earlier than the year
inquestion (for MY 1996 and 1997 RMS calculations). Sales
ofmanufacturers which meet the criteria of (d) of this paragraph willnot
be included.
= the average of total LDV and LDT sales in California ofall
manufacturers three and four model years earlier than the year
inquestion (for MY 1998 and later RMS calculations). Sales
ofmanufacturers which meet the criteria of (d) of this paragraph willnot
be included.
TCPPS = Pilot program annual CFV sales requirement (either 150,000or
300,000) for the model year in question.
(i) A manufacturer's share of required annual sales for modelyears
1996 and 1997 will be based on LDV and light LDT sales only.Once the
heavy LDT standards are effective beginning with model year1998, a
manufacturer's required sales share will be based on all LDVand LDT
sales.
(ii) A manufacturer certifying for the first time in Californiashall
calculate annual required sales share based on projectedCalifornia sales
for the model year in question. In the second year,the manufacturer
shall use actual sales from the previous year. In thethird year, the
manufacturer will use sales from two model years priorto the year in
question. In the fourth year, the manufacturer will usesales from three
years prior to the year in question. In the fifthyear and subsequent
years, the manufacturer will use average salesfrom three and four years
prior to the year in question.
(d) (1) Small volume manufacturer is defined in the Pilot programas
one whose average annual LDV and LDT sales in California are lessthan or
equal to 3,000 units during a consecutive three-year periodbeginning no
earlier than model year 1993.
(i) A manufacturer with less than three consecutive years of salesin
California shall use a single year of sales or, if available, theaverage
of two years of sales in California to determine whether theyfall at or
below the threshold of 3,000 units.
(ii) A manufacturer certifying for the first time in Californiashall
be considered a small volume manufacturer if their projectedCalifornia
sales level is at or below 3,000 units for a given year.Once the
manufacturer has actual sales data for one year, this actualsales
[[Page 20]]
data shall be used to determine whether the manufacturerqualifies as a
small volume manufacturer.
(iii) A manufacturer which does not qualify as a small
volumemanufacturer in model year 1996 but whose average annual LDV and
LDTsales fall to or below the 3,000 unit threshold between 1996 and
2001shall be treated as a small volume manufacturer and shall be
subjectto requirements for small volume manufacturers as specified
inparagraph (d)(2) of this section beginning with the next model year.
(2) A manufacturer which qualifies as a small volume
manufacturerprior to model year 2001 is not required to comply with the
salesrequirements of this section until model year 2001.
Table B204--Pilot Program Vehicle SalesSchedule
------------------------------------------------------------------------
Required
Model years Vehicle types annual
sales
------------------------------------------------------------------------
1996 and 1997....................... LDTs (<6000 GVWR and 150,000
<=5750 LVW); andLDVs.
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 thiscredit
program to enable vehicle manufacturers who are required toparticipate
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 applicableemission
standards and other requirements contained in subpart A ofthis part.
(b) Credit generation. (1) Credits may be generated by anyof the
following means:
(i) Sale of qualifying clean-fuel vehicles earlier than
required.Manufacturers may earn these credits starting with the 1992
modelyear, contingent upon the requirements of paragraph (g) of
thissection.
(ii) Sale of a greater number of qualifying clean-fuel vehiclesthan
required.
(iii) Sale of qualifying clean-fuel vehicles that meet morestringent
emission standards than those required.
(2) For light-duty vehicles and light-duty trucks, credit
valuesshall be determined in accordance with the following:
(i) For model-years through 2000, credit values shall bedetermined
in accordance with table B-1 of this subpart.
(ii) For the 2001 and subsequent model-years, credit values shallbe
determined according to table B-2 of this subpart. The saleof light-duty
vehicles classified as Transitional Low-EmissionVehicles 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 whichsold
vehicles count toward compliance with the sales requirement.
Theremaining balance of vehicles will be considered as sold beyond
thesales requirement for credit calculations.
(3) Vehicles greater than 8500 lbs gvwr may not generate credits.
(c) Credit use. (1) All credits generated in accordance withthese
provisions may be freely averaged, traded, or banked for lateruse.
Credits may not be used to remedy any nonconformity determined
byenforcement 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
partialcompliance 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
shallsurrender credits equal to the credit value for the
correspondingvehicle class and model year found in table B-1.3 or
tableB-2.3 of this subpart.
(d) Participation in the credit program. (1) Duringcertification,
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
mustdemonstrate:
[[Page 21]]
(i) That at the end of the model-year production, there is anet
vehicle credit balance of zero or more with any credits obtainedfrom
averaging, trading, or banking.
(ii) It is recommended but not required that the source of
thecredits to be used to comply with the minimum sales requirements
bestated. All such reports should include all credits involved
inaveraging, trading, or banking.
(3) During the model year, manufacturers must:
(i) Monitor projected versus actual production to be certain
thatcompliance with the sales requirement is achieved at the end of
themodel year.
(ii) Provide the end of model year reports required under
thissubpart.
(iii) Maintain the records required under this subpart.
(4) Projected credits based on information supplied in
thecertification application may be used to obtain a certificate
ofconformity. However, any such credits may be revoked based on reviewof
end-of-model year reports, follow-up audits, and any otherverification
steps deemed appropriate by the Administrator.
(5) Compliance under averaging, banking, and trading will
bedetermined at the end of the model year.
(6) If EPA or the manufacturer determines that a reporting
erroroccurred on an end-of-year report previously submitted to EPA
underthis section, the manufacturer's credits and credit calculations
willbe recalculated.
(i) If EPA review of a manufacturer's end-of-year report indicatesan
inadvertent credit shortfall, the manufacturer will be permitted
topurchase 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 themanufacturer's
favor (i.e., resulting in a positive credit balance) orif the
manufacturer discovers such an error within 90 days of EPAreceipt of the
end-of-year report, the credits will be restored foruse 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 thisprogram, credits can
be banked starting in the 1992 model year.
(ii) A manufacturer may bank credits only after the end of themodel
year and after EPA has reviewed its end-of-year report. Duringthe model
year and before submittal of the end-of-year report, creditsoriginally
designated in the certification process for banking will beconsidered
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 maintaintheir original
value for an infinite period of time.
(ii) A manufacturer withdrawing banked credits shall indicate
soduring certification and in its credit reports.
(3) Banked credits may be used in averaging, trading, or in
anycombination thereof, during the certification period. Credits
declaredfor banking from the previous model year but unreviewed by EPA
mayalso be used. However, they may be revoked at a later time
followingEPA review of the end-of-year report or any subsequent audit
actions.
(g) Early credits. Beginning in model year 1992 appropriatecredits,
as determined from the given credit table, will be given forthe sale of
vehicles certified to the clean-fuel vehicle standards forTLEVs, LEVs,
ULEVs, and ZEVs, where appropriate. For LDVs and lightLDTs (<6000 lbs
GVWR), early credits can be earned from model year1992 to the beginning
of the Pilot Program sales requirements in 1996.For heavy LDTs
(6000 lbs GVWR), early credits can be earned frommodel years
1992 through 1997. The actual calculation of early creditsshall 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 orpart
of an ozone nonattainment area classified as serious, severe, orextreme
under subpart D of Title I.
(b) A state may opt into the program by submitting SIP revisionsthat
meet the requirements of this section.
[[Page 22]]
(c) For a state that chooses to opt in, SIP provisions can nottake
effect until one year after the state has provided notice to ofsuch
provisions to motor vehicle manufacturers and fuel suppliers.
(d) A state that chooses to opt into the program can not require
asales or production mandate for CFVs or clean alternative fuels.States
may not subject fuel or vehicle suppliers to penalties orsanctions for
failing to produce or sell CFVs or clean alternativefuels.
(e) (1) A state's SIP may include incentives for the sale or usein
such state of CFVs required in California by the Clean Fuel
FleetProgram, and the use of clean alternative fuels required to be
madeavailable in California by the California Pilot Program.
(2) Incentives may include:
(i) A registration fee on non-CFVs of at least 1 percent of thetotal
cost of the vehicle. These fees shall be used to:
(A) Provide financial incentives to purchasers of CFVs and
vehicledealers 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
tripreduction requirements.
(iii) Preferences for CFVs in the use of existing parking places.
[59 FR 50078, Sept. 30, 1994]
Sec. Tables to Subpart B of Part 88
Table B-1--Credit Tablefor Phase I Vehicle Equivalents for Light-Duty Vehicles and Light-DutyTrucks
Table B-1.1--Credit Generation: SellingMore Clean-Fuel Vehicles Than Required
[Phase I: Effective Through2000 Model-Year]
----------------------------------------------------------------------------------------------------------------
LDT <=6000 gvwr
LDV &LDT LDT <=6000 gvwr LDT <=6000 3750lvw gvwr eq>3750 alvw 5750 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--CreditGeneration: Selling More Stringent Clean Fuel Vehicles
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT <=6000
Vehicleemission category <=6000 gvwr gvwr gvwr <=3750alvw gvwr
<=3750 lvw <=3750 lvw <=3750 alvw <=5750 alvw <=5750 alvw
<=5750 lvw
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Table B-1.3--Credit Neededin Lieu of Selling Clean-Fuel Vehicle
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT 6000 gvwr 3750 eq>6000 gvwr
Vehicle emission category <=6000 gvwr <=3750 lvw <=3750 alvw alvw 5750
<=3750 lvw <=5750 lvw <=5750alvw 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.
[[Page 23]]
Table B-2--CreditTable for Phase II: Vehicle Equivalents for Light-Duty Vehicles andLight-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
<=3750 lvw <=3750 lvw <=3750 alvw <=5750 alvw <=5750 alvw
<=5750 lvw
----------------------------------------------------------------------------------------------------------------
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--CreditGeneration: Selling More Stringent Clean-Fuel Vehicles
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr eq>6000 gvwr
Vehicleemission category <=6000 gvwr gvwr gvwr <=3750alvw 5750
<=3750 lvw <=3750 lvw <=3750 alvw <=5750 alvw alvw
<=5750 lvw
----------------------------------------------------------------------------------------------------------------
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 Neededin Lieu of Selling Clean-Fuel Vehicles
----------------------------------------------------------------------------------------------------------------
LDT 6000 gvwr LDT 6000 gvwr 3750 eq>6000 gvwr
Vehicle emission category <=6000 gvwr eq>3750 lvw <=3750 alvw alvw 5750
<=3750 lvw <=5750 lvw <=5750alvw 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 otherwisenoted.
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
madepursuant 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
UnitedStates that are subject to the fleet programs established by a
state'sSIP revision.
(b) The requirements of Sec. Sec. 88.302-93,88.303-93, 88.311-93,
88.312-93, and88.313-93 of this part apply to fleets which
voluntarilypurchase and operate Inherently Low-Emission Vehicles
(ILEVs).
(c) References in this subpart to engine families and
emissioncontrol systems shall be deemed to refer to durability groups
and testgroups as applicable for manufacturers certifying new light-
dutyvehicles and light-duty trucks under the provisions of 40 CFR part
86,subpart S.
[58 FR 11901, Mar. 1, 1993, as amended at 64 FR 23973, May 4,1999]
Sec. 88.302-93 Definitions.
The definitions in 40 CFR part 86 of this chapter also apply tothis
subpart. The definitions in this section apply to this subpart.
Combination heavy-duty vehicle means a vehicle with a GVWRgreater
than 8,500 pounds (3,900 kilograms) which is comprised of atruck-tractor
and one or more pieces of trailered equipment. Thetruck-tractor is a
self-propelled motor vehicle built on one chassiswhich encompasses the
engine, passenger compartment, and a means ofcoupling to a cargo
carrying trailer(s). The truck-tractor itself isnot designed to carry
cargo.
Inherently Low-Emission Vehicle means any LDV or LDTconforming to
[[Page 24]]
the applicable Inherently Low-Emission Vehiclestandard, or any HDV with
an engine conforming to the applicableInherently Low-Emission Vehicle
standard. No dual-fuel or flexible-fuel vehicles shall be considered
Inherently Low-Emission Vehiclesunless they are certified to the
applicable standard(s) on all fueltypes for which they are designed to
operate.
Partially-Covered Fleet pertains to a vehicle fleet in acovered area
which contains both covered fleet vehicles and non-covered fleet
vehicles, i.e., exempt from covered fleet purchaserequirements.
Single-unit heavy-duty vehicle means a self-propelled motorvehicle
with a GVWR greater than 8,500 pounds (3,900 kilograms) builton 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 part86 also apply to
this part. All terms used in this part, but notdefined in this section
or in Sec. 88.302-93 and 40CFR part 86 shall have the meaning assigned
to them in the Clean AirAct.
Can be centrally fueled means the sum of those vehicles thatare
centrally fueled and those vehicles that are capable of beingcentrally
fueled.
(1) Capable of being centrally fueled means a fleet, or thatpart of
a fleet, consisting of vehicles that could be refueled 100percent of the
time at a location that is owned, operated, orcontrolled by the covered
fleet operator, or is under contract withthe covered fleet operator. The
fact that one or more vehicles in afleet is/are not capable of being
centrally fueled does not exempt anentire 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
alocation that is owned, operated, or controlled by the covered
fleetoperator, or is under contract with the covered fleet operator.
Anyvehicle that is under normal operations garaged at home at night
butthat is, in fact, centrally fueled 100 percent of the time shall
beconsidered to be centrally fueled for the purpose of this
definition.The fact that one or more vehicles in a fleet is/are not
centrallyfueled does not exempt an entire fleet from the program. The
fact thata vehicle is not centrally fueled does not mean it could not
becentrally fueled in accordance with the definition of ``capableof
being centrally fueled.''
(3) Location means any building, structure, facility, orinstallation
which; is owned or operated by a person, or is under thecontrol of a
person; is located on one or more contiguous propertiesand contains or
could contain a fueling pump or pumps for the use ofthe vehicles owned
or controlled by that person.
Clean-fuel vehicle aftermarket conversion certifier meansthe
business or entity that obtains a certificate of conformity withthe
clean-fuel vehicle standards and requirements for a vehicle/
engineconversion configuration pursuant to the requirements of 40 CFR
part86 and this part 88.
Control means: (1) When it is used to join all entitiesunder common
management, means any one or a combination of thefollowing:
(i) A third person or firm has equity ownership of 51 percent ormore
in each of two or more firms;
(ii) Two or more firms have common corporate officers, in whole orin
substantial part, who are responsible for the day-to-day operationof the
companies.
(iii) One firm leases, operates, supervises, or in 51 percent
orgreater part owns equipment and/or facilities used by another personor
firm, or has equity ownership of 51 percent or more of anotherfirm.
(2) When it is used to refer to the management of vehicles, meansa
person has the authority to decide who can operate a particularvehicle,
and the purposes for which the vehicle can be operated.
(3) When it is used to refer to the management of people, means
aperson has the authority to direct the activities of another person
oremployee in a precise situation, such as at the workplace.
[[Page 25]]
Conversion configuration means any combination ofvehicle/engine
conversion hardware and a base vehicle of a specificengine family.
Covered fleet operator means a person who operates a fleetof 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 (evenif the
covered fleet vehicles are garaged outside of it). For purposesof this
definition, the vehicle types described in the definition ofcovered
fleet (section 241(5) of the Act) as exempt from theprogram will not be
counted toward the ten-vehicle criterion.
Dealer demonstration vehicle means any vehicle that isoperated by a
motor vehicle dealer (as defined in section 216(4) ofthe Act) solely for
the purpose of promoting motor vehicle sales,either on the sales lot or
through other marketing or salespromotions, or for permitting potential
purchasers to drive thevehicle for pre-purchase or pre-lease evaluation.
Emergency vehicle means any vehicle that is legallyauthorized by a
governmental authority to exceed the speed limit totransport people and
equipment to and from situations in which speedis required to save lives
or property, such as a rescue vehicle, firetruck, or ambulance.
Law enforcement vehicle means any vehicle which is primarilyoperated
by a civilian or military police officer or sheriff, or bypersonnel of
the Federal Bureau of Investigation, the Drug EnforcementAdministration,
or other agencies of the federal government, or bystate highway patrols,
municipal law enforcement, or other similar lawenforcement agencies, and
which is used for the purpose of lawenforcement activities including,
but not limited to, chase,apprehension, surveillance, or patrol of
people engaged in orpotentially engaged in unlawful activities. For
federal lawenforcement vehicles, the definition contained in Executive
Order12759, 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 fleetpurchase
requirements, means September 1 through August 31.
Motor vehicles held for lease or rental to the generalpublic means a
vehicle that is owned or controlled primarily forthe purpose of short-
term rental or extended-term leasing (with orwithout maintenance),
without a driver, pursuant to a contract.
New covered fleet vehicle means a vehicle that has not
beenpreviously controlled by the current purchaser, regardless of
themodel year, except as follows: Vehicles that were manufactured
beforethe start of the fleet program for such vehicle's weight
class,vehicles transferred due to the purchase of a company not
previouslycontrolled by the purchaser or due to a consolidation of
businessoperations, vehicles transferred as part of an employee
transfer, orvehicles transferred for seasonal requirements (i.e., for
less than120 days) are not considered new. States are permitted to
discontinuethe use of the fourth exception for fleet operators who abuse
thediscretion afforded them. This definition of new covered fleet
vehicleis distinct from the definition of new vehicle as it applies
tomanufacturer certification, including the certification of vehicles
tothe clean fuel standards.
Owned or operated, leased or otherwise controlled by suchperson
means either of the following:
(1) Such person holds the beneficial title to such vehicle; or
(2) Such person uses the vehicle for transportation purposespursuant
to a contract or similar arrangement, the term of suchcontract or
similar arrangement is for a period of 120 days or more,and such person
has control over the vehicle pursuant to thedefinition 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 Statesand any officer,
agent, or employee thereof.
Under normal circumstances garaged at personal residencemeans a
vehicle that, when it is not in use, is normally parked at thepersonal
residence of the individual who usually operates it, ratherthan at a
central refueling, maintenance, and/or business location.Such vehicles
are not considered to be
[[Page 26]]
capable of being centralfueled (as defined in this subpart) and are
exempt from the programunless they are, in fact, centrally fueled.
Vehicle used for motor vehicle manufacturer product evaluationsand
tests means a vehicle that is owned and operated by a motorvehicle
manufacturer (as defined in section 216(1) of the Act), ormotor vehicle
component manufacturer, or owned or held by a universityresearch
department, independent testing laboratory, or other suchevaluation
facility, solely for the purpose of evaluating theperformance 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
86apply to this subpart. The abbreviations in this section apply to
thissubpart.
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 CFFVcredit
program to enable covered fleet owners/operators to meet thefleet
vehicle purchase requirements of the CAA both by purchasingclean-fuel
vehicles (CFVs) directly and by trading and banking CFFVcredits for
vehicle purchases.
(2) All credit-generating vehicles must meet the applicableemission
standards and other requirements contained in 40 CFR part 88,subpart A.
(b) Program administration. (1)(i) Each state in which thereis all
or part of a covered area, as defined in CAA section 246(a)(2),shall
promulgate regulations as necessary for implementing thisrequirement.
(ii) The state shall submit a SIP revision before May 15, 1994 tothe
Administrator stipulating the specific mechanism by which the
CFFVprogram is to be administered and enforced. The credit program
shallcommence upon EPA approval of the SIP in accordance with CAA
section246(f)(5).
(2) A fleet owner who purchases/leases a CFFV only to generateCFFV
credit shall be subject to the same requirements of the state'sCFFV
program as a covered fleet owner who purchases/leases a CFFV
todemonstrate compliance with covered fleet purchase requirements.
(3) While in the covered area, a dual-fuel/flexible-fuel
vehiclewhich a fleet owner purchases to comply with covered fleet
purchaserequirements must be operated at all times on the fuel(s) on
which itwas certified as a CFFV. If the fleet owner receives credit for
adual-fuel/flexible-fuel vehicle purchase, the vehicle must be
operatedat the same emission level for which the vehicle generated
CFFVcredit.
(c) Credit generation. (1) States shall grant CFFV creditsto a
covered fleet owner for any of the following qualifying CFFVpurchases:
(i) Purchase of a CFFV during any period subsequent to theapproval
of the SIP revision but prior to the effective date forcommencement of a
state's CFFV purchase requirement if the purchasemeets all other CFFV
requirements applicable to such purchases,including the statutory
requirement to use only the fuel on which thevehicle was certified as a
CFFV;
(ii) Purchase of a greater number of CFFVs than is required underthe
SIP revision;
(iii) Purchase of a CFFV which meets more stringent
emissionstandards than required under the SIP revision; or
(iv) Purchase of a CFFV in an exempt or non-covered vehiclecategory
by the owner/operator of a covered or partially-coveredfleet.
(2) A state may retroactively grant CFFV credit(s) to a fleetowner
for the purchase of a CFFV prior to the approval of the state'sSIP
revision if the purchase met all CFFV credit program
requirementsapplicable to such purchases, including:
(i) The vehicle purchased would have to have been certified toCFFV
emission standards;
(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 beenoperated
only on the
[[Page 27]]
clean alternative fuel on which the vehiclehad been certified as a CFFV.
(3) For LDVs and LDTs, credit values shall be determined
inaccordance with Table C94-1. The state shall use TableC94-1
exclusively in determining LDV and LDT CFFV creditvalues. 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
TableC94-1, a state may specify in its SIP revision that TableC94-2 will
be used to determine LDV and LDT CFFV credit valuesin one or more
affected nonattainment areas. Any state choosing to doso must provide
adequate justification, based on air quality benefits,at the time the
SIP revision is submitted. If the use of TableC94-2 is approved by EPA,
the State shall use TableC94-2 exclusively in determining LDV and LDT
CFFV credit valuesfor vehicles in the subject area or areas. Table C94-
2.1applies to paragraphs (b)(1) (i), (ii) and (iv) of this section;
TableC94-2.2 applies to paragraph (b)(1)(iii) of this section.
(5) In lieu of determining credit values in accordance with
TableC94-1, a state containing a carbon monoxide nonattainmentarea(s)
having a design value above 16.0 parts per million may specifyin its SIP
revision that Table C94-3 will be used to determineLDV and LDT CFFV
credit values in one or more affected nonattainmentareas. Any state
choosing to do so must provide adequatejustification, based on air
quality benefits, at the time the SIPrevision is submitted. If the use
of Table C94-3 is approved byEPA, the state shall use Table C94-3
exclusively in determiningLDV and LDT CFFV credit values for vehicles in
the subject area orareas. 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
withTable C94-4. The state shall use Table C94-4 exclusivelyin
determining heavy-duty vehicle CFFV credit values. TableC94-4.1 applies
to paragraphs (c)(1) (i), (ii) and (iv) of thissection, and Table C94-
4.2 applies to paragraph (c)(1)(iii) ofthis section.
(7) In lieu of determining credit values in accordance with
TableC94-4, a state containing a carbon monoxide nonattainmentarea(s)
having a design value above 16 parts per million may specifyin its SIP
revision that Table C94-5 will be used to determineheavy-duty vehicle
CFFV credit values in one or more affectednonattainment areas. Any state
choosing to do so must provide adequatejustification, based on air
quality benefits, at the time the SIPrevision is submitted. If the use
of Table C94-5 is approved byEPA, the State shall use Table C94-5
exclusively in determiningheavy-duty vehicle CFFV credit values for
vehicles in the subject areaor 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 allowpurchase of any
clean-fuel single-unit or combination HDV with a GVWRgreater than 26,000
pounds (11,800 kilograms) to generate CFFV creditfor the fleet vehicle
purchaser.
(ii) States must exclude from generating CFFV credit the purchaseof
any combination HDV with a GVWR greater than 26,000 pounds
(11,800kilograms) which pays all or a portion of its fuel taxes, as
evidencedby fuel tax stickers on the combination HDV, to a state(s)
which isnot part of that covered nonattainment area.
(10) Light-duty CFFV credits. Credits generated by thepurchase of a
qualifying clean-fuel fleet LDV or a LDT shall bedesignated at the time
of issuance as light-duty CFFV credits.
(11) Heavy-duty CFFV credits. Credits generated by thepurchase of a
qualifying clean-fuel fleet HDV shall be designated atthe time of
issuance as heavy-duty CFFV credits. Further, creditsgenerated by the
purchase of a light heavy-duty or a medium heavy-dutyqualifying CFFV
shall be designated at the time of issuance as lightheavy-duty and
medium heavy-duty CFFV credits, respectively.
[[Page 28]]
(d) Credit use. (1) All credits generated in accordancewith these
provisions may be freely traded or banked for later use,subject to the
provisions contained in this subpart, without discountor depreciation of
such credits.
(2) A covered fleet owner or operator desiring to demonstrate fullor
partial compliance with covered fleet purchase requirements by
theredemption of credits shall surrender sufficient credits
asestablished in this paragraph. In lieu of purchasing a CFFV, a
fleetowner or operator shall surrender credits equal to the credit
valuefor the corresponding vehicle class and credit calculation method
usedin 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 coverednonattainment
area may be traded within those boundaries whether ornot that area
encompasses parts of more than one state.
(4) Credits issued as a result of CFFV purchase requirements inone
nonattainment area may not be used to demonstrate compliance inanother
nonattainment area, even if a state contains more than onecovered
nonattainment area.
(5) Credit allocation. (i) Credits generated by the purchase ofLDVs
and LDTs of 8,500 pounds (3,900 kilograms) GVWR or less may beused to
demonstrate compliance with covered fleet purchaserequirements
applicable to LDVs or LDTs of 8,500 pounds (3,900kilograms) GVWR or
less.
(ii) Credits generated by the purchase of vehicles of more than8,500
pounds (3,900 kilograms) GVWR may not be used to demonstratecompliance
with the covered fleet purchase requirements for vehiclesweighing 8,500
pounds (3,900 kilograms) GVWR or less.
(iii) Credits generated by the purchase of vehicles of 8,500pounds
(3,900 kilograms) GVWR or less may not be used to demonstratecompliance
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
particularweight subclass may be used to demonstrate compliance with
requiredheavy-duty vehicle purchases for the same or lighter
weightsubclasses. These credits may not be used to demonstrate
compliancewith required HDV purchases for vehicles of heavier weight
subclassesthan the weight subclass of the vehicle which generated the
credits.
Sec. 88.305-94 Clean-fuel fleet vehicle labeling requirements for heavy-dutyvehicles.
(a) All clean-fuel heavy-duty engines and vehicles used as
LEVs,ULEVs, and ZEVs that are also regulated under 40 CFR part 86
shallcomply with the labeling requirements of 40 CFR 86.095-35 (orlater
applicable sections), and shall also include an unconditionalstatement
on the label indicating that the engine or vehicle is a LEV,ULEV, or
ZEV, and meets all of the applicable requirements of thispart 88.
(b) All heavy-duty clean-fuel fleet vehicles not regulated under40
CFR part 86 shall have a permanent legible label affixed to theengine or
vehicle in a readily visible location, which contains thefollowing
information:
(1) The label heading: vehicle emissions classificationinformation
(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
applicablerequirements of the U.S. Environmental Protection Agency
clean-fuelfleet vehicle program, as described in this part 88, but
notnecessarily 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-fuelfleet vehicle.
(a) For purposes of meeting the requirements of section 246 of
theClean Air Act or the SIP revisions, conversions of engines or
vehicleswhich satisfy the requirements of this section shall be treated
as apurchase of a clean-fuel vehicle under subpart C of this part.
(b) The engine or vehicle must be converted using a
conversionconfiguration which has been certified according to the
provisions of40 CFR part 86 using applicable emission standards and
otherprovisions from part 88 for clean-fuel engines and vehicles.
Thefollowing requirements will also apply:
[[Page 29]]
(1) If the installation of the certified conversionconfiguration is
performed by an entity other than aftermarketconversion certifier, the
aftermarket conversion certifier shallsubmit a list of such installers
to the Administrator. Additionalinstallers must be added to this list
and the revised list submittedto the Administrator within 5 working days
from the time they areauthorized to perform conversion installations by
the clean-fuelvehicle aftermarket conversion certifier.
(2) If the installation of the certified conversion configurationis
performed by an entity other than the certificate holder, thecertificate
holder shall provide instructions for installation of theaftermarket
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
theSmall-Volume Manufacturers Certification Program pursuant to
therequirements of 40 CFR 86.094-14 is permitted, the 10,000 salesvolume
limit in 40 CFR 86.094-14(b)(1) is waived for acertifier of a clean-fuel
vehicle aftermarket conversion.
(4) Clean-fuel vehicle aftermarket conversion certifiers that
aresubject to the post-installation emissions testing requirements
inparagraph (c) of this section and who will satisfy these
requirementsby using the two speed idle test procedure detailed in
paragraph (c)(2)(ii) of this section must conduct the following testing
at the timeof certification in order to generate the required
certification COemissions reference values. The certification CO
emissions referencevalues generated must be submitted to the
Administrator at the time ofapplication for certification.
(i) For dual and flexible fuel vehicles, certification
referencevalues must be generated for each certification test fuel
required forexhaust emissions testing pursuant to 40 CFR 86.113 or 40
CFR 86.1313.
(ii) For light-duty vehicles and light-duty trucks the test
fuelsused during the emissions testing required by paragraph (b)(3) of
thissection must comply with the fuel specifications for exhaust
emissionstesting found in 40 CFR 86.113. For heavy-duty engines the test
fuelsused during the emissions testing required by paragraph (b)(3) of
thissection must comply with the fuel specifications for exhaust
emissionstesting found in 40 CFR 86.1313.
(iii) Single, consecutive idle mode and high-speed mode segmentsof
the two speed idle test must be conducted pursuant to therequirements of
40 CFR 85.2215 and as modified by the provisions ofparagraph
(c)(4)(ii)(D) of this section and this paragraph todetermine the
required certification CO emission reference values.
(A) The certification CO emission reference value for the idlemode
of the test will be the simple average of all emissionsmeasurements
taken during an idle mode of 90 seconds duration pursuantto 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 emissionsmeasurements
taken during a high-speed mode of 180 seconds durationpursuant to the
requirements in 40 CFR 85.2215(a).
(c) Except as provided in paragraph (c)(1) of this section,
eachconverted vehicle manufactured by a clean-fuel vehicle
aftermarketconversion certifier with aggregate sales of less than
10,000converted vehicles within a given calendar year must satisfy the
post-installation emissions testing requirements of paragraph (c)(2)
ofthis section. If a vehicle fails to satisfy the emissions
testingrequirements such vehicle may not be considered a clean- fuel
vehicleuntil such noncompliance is rectified and compliance is
demonstrated.
(1) A clean-fuel vehicle aftermarket conversion certifier
withestimated sales of 300 or fewer engines and vehicles in a
calendaryear and which sells or converts vehicles outside of a non-
attainmentarea (as classified under subpart D of Title I) which has
aninspection and maintenance program that includes a test of
carbonmonoxide emissions may submit a request to the Administrator for
anexemption from the post-installation emission test requirements
ofparagraph (c) of this section. If granted, such an exemption
wouldapply to converted vehicles that
[[Page 30]]
have the conversion installationperformed outside of a nonattainment
area which has an inspection andmaintenance program that includes a test
of carbon monoxide emissions.
(i) The request for exemption submitted to the Administrator
mustinclude the following:
(A) The estimated number of engines and vehicles that will
beconverted in the calendar year.
(B) Sufficient information to demonstrate that complying with
thepost-installation emission test requirement represents a
severefinancial hardship.
(C) A description of any emission related quality controlprocedures
used.
(ii) Within 120 days of receipt of the application for exemption,the
Administrator will notify the applicant either that an exemptionis
granted or that sufficient cause for an exemption has not
beendemonstrated and that all of the clean-fuel vehicle
aftermarketconversion certifier's vehicles are subject to the post-
installationtest requirement of paragraph (c)(2) of this section.
(iii) If the clean-fuel vehicle aftermarket conversion
certifiergranted an exemption originally estimates that 300 or
fewerconversions would be performed in the calendar year, and then
laterrevises the estimate to more than 300 for the year, the
certifiershall inform the Administrator of such revision. A post-
installationemissions test for each conversion performed after the
estimate isrevised is required pursuant to the requirements of paragraph
(c)(2)of this section. The estimated number of conversions from such
aclean-fuel vehicle aftermarket conversion certifier must be greaterthan
300 in the following calendar year.
(2) A clean-fuel vehicle aftermarket conversion certifier
withaggregate sales less than 10,000 converted vehicles within a
givencalendar year shall conduct post-installation emissions testing
usingeither of the following test methods:
(i) The carbon monoxide (CO) emissions of the converted vehiclemust
be determined in the manner in which CO emissions are
determinedaccording to the inspection and maintenance requirements
applicable inthe area in which the vehicle is converted or is expected
to beoperated.
(A) For dual-fuel vehicles, a separate test is required for eachfuel
on which the vehicle is capable of operating. For flexible fuelvehicles,
a single test is required on a fuel that falls within therange of fuel
mixtures for which the vehicle was designed. The testfuel(s) used must
be commercially available.
(B) A converted vehicle shall be considered to meet therequirements
of this paragraph if the vehicle's measured exhaust COconcentration(s)
is lower than the cutpoint(s) used to determine COpass/fail under the
inspection and maintenance program in the area inwhich the conversion is
expected to be operated.
(1) If CO pass/fail criteria are not available for a vehiclefuel
type then pass/fail criteria specific to gasoline use are to beused for
vehicles of that fuel type.
(2) [Reserved]
(ii) The carbon monoxide (CO) emissions of the converted vehiclemust
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 idletest must
be observed except as detailed in paragraph (c)(2)(ii)(D) ofthis
section.
(A) For dual and flexible fuel vehicles, a separate test isrequired
for each certification test fuel required for exhaustemissions testing
pursuant to 40 CFR 86.113 or 40 CFR 86.1313.
(B) For light-duty vehicles and light-duty trucks the test fuelsused
during the emissions testing required by paragraph (c)(4) of thissection
must comply with the fuel specifications for exhaust emissionstesting
found in 40 CFR 86.113. For heavy-duty engines the test fuelsused during
the emissions testing required by paragraph (c)(2) of thissection must
comply with the fuel specifications for exhaust emissionstesting found
in 40 CFR 86.1313.
(C) A converted vehicle shall be considered to meet therequirements
of this paragraph if the following criteria aresatisfied:
(1) The vehicle's measured idle mode exhaust COconcentration(s) must
be lower than the sum of 0.4 percent CO plus theidle mode certification
CO emissions reference value as determinedaccording to the requirements
of paragraph (b)(3) of this section.
[[Page 31]]
(2) The vehicle's measured high-speed mode exhaust
COconcentration(s) must be lower than the sum of 0.4 percent CO plus
thehigh-speed certification CO emissions reference value as
determinedaccording to the requirements of paragraph (b)(3) of this
section.
(D) For the purposes of the post-installation emissions
testingrequired by paragraph (c) of this section, the following
adjustmentsto the two speed idle test-EPA 91 in 40 CFR 85.2215 are
necessary.
(1) Testing of hydrocarbon emissions and equipmentassociated 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 detailedin paragraph
(c)(2)(ii)(C) of this section. All HC pass/fail criteriain 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 COplus
CO2 above six percent does not apply. However,
theAdministrator may reconsider requiring that the void test criteria
in40 CFR 85.2215(a)(3) and (b)(2)(iv) be applied, and may issue
anadvisory memorandum to this effect in the future.
(4) The ambient temperature levels encountered by thevehicle during
testing must comply with the specifications in 40 CFR86.130 or 40 CFR
86.1330.
(d) The clean-fuel vehicle aftermarket conversion certifier shallbe
considered a manufacturer for purposes of Clean Air Act sections206 and
207 and related enforcement provisions, and must acceptliability for in-
use performance of all the vehicles produced underthe 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 conversioncertifier
shall be the original useful life of the vehicle prior toconversion.
(2) [Reserved]
(e) Tampering. (1) The conversion from an engine or vehiclecapable
of operating on gasoline or diesel fuel only to a clean-fuelengine or
vehicle shall not be considered a violation of the tamperingprovisions
of Clean Air Act section 203(a)(3), if such conversion isdone pursuant
to a conversion configuration certificate by theaftermarket conversion
certifier or by an installer listed on thecertificate.
(2) In order to comply with the provisions of this subpart,
anaftermarket conversion installer must:
(i) Install a certified aftermarket conversion system for whichthe
installer is listed by the certifier; and
(ii) Perform such installation according to instructions providedby
the aftermarket conversion certifier.
(f) Data collection. The clean-fuel vehicle aftermarketconversion
certifier is responsible for maintaining records of eachengine and
vehicle converted for use in the Clean Fuel Fleets programfor a period
of 5 years. The records are to include the engine orvehicle make, engine
or vehicle model, engine or vehicle model year,and engine or vehicle
identification number of converted engines andvehicles; the
certification number of the conversion configuration;the brand names and
part numbers of the parts included in theconversion configuration; the
date of the conversion and the facilityat 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 bylaw
to participate in the clean-fuel fleet program or any vehiclegenerating
credits under Sec. 88.304-94(c) fromtransportation control measures
(TCMs) existing wholly or partiallyfor air quality reasons included in
an approved state implementationplan which restrict vehicle usage based
primarily on temporalconsiderations, such as time-of-day and day-of-week
exemptions.However, CFFVs shall not qualify for TCMs where the temporal
elementis secondary to some other control element
[[Page 32]]
and, in no case, shallsuch 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
qualifyingCFFVs being operated after SIP approval, but prior to the
effectivedate for commencement of a state's CFFV credit program.
(c) Temporal TCM exemptions provided for in paragraph (a) of
thissection are not effective outside of the areas for which states can
berequired to establish CFFV credit programs.
(1) Such exemptions shall remain effective only while the
subjectvehicle remains in compliance with applicable CFFV emissions
standardsand other CFFV credit program requirements.
(2) CFFV TCM exemptions shall not be transferred between
vehicleswithin the same fleet nor shall they be sold or traded.
Sec. 88.308-94 Programmatic requirements for clean-fuel fleet vehicles.
(a) Multi-State nonattainment areas. The states comprising amulti-
State nonattainment area shall, to the greatest extent
possible,promulgate consistent clean-fuel fleet vehicle programs.
(b) Program start date. The SIP revision shall provide thatthe clean
fuel vehicle purchase requirements begin to apply no laterthan model
year 1999.
[59 FR 50082, Sept. 30, 1994, as amended at 63 FR 20107, Apr.23, 1998]
Sec. 88.309 [Reserved]
Sec. 88.310-94 Applicability to covered Federal fleets.
(a) Compliance by Federal vehicles. As per section 258(a) ofthe Act,
fleets owned or operated by any agency, department, orinstrumentality of
the United States shall comply with the applicablestate regulations
concerning CFFVs established in the SIP revision.Such fleets shall be
treated in the same manner as private or othergovernment fleets under
the applicable state regulations.
(1) Federal agencies shall obtain CFFVs from original
equipmentmanufacturers, to the extent possible, as required under
section 248of the CAA.
(2) The Secretary of Defense may exempt any vehicle(s) from
theprovisions of any CFFV credit program established in the SIP
revisionby certifying to the Administrator in writing that inclusion of
thespecified vehicle(s) in such a program could have an adverse impact
onthe national security. The Secretary of Defense shall also provide
acopy of this statement of exemption to the state agency
administeringthe CFFV credit program in the covered area in which the
specifiedvehicle(s) is registered/operated.
(b) [Reserved]
Sec. 88.311-93 Emissions standards for Inherently Low-Emission Vehicles.
(a) Certification. (1) Emissions Testing Procedures. Avehicle shall
be certified as an ILEV if that vehicle satisfies thefollowing
conditions:
(i) The vehicle shall be certified under the appropriate
exhaustemissions standards from paragraph (c) or (d) of this
sectiondepending on the vehicle's weight classification.
(ii) The vehicle shall be certified as having fuel vapor
emissionswhich are five or less total grams per test as measured by the
currentFederal Test Procedure (FTP), modified for ILEV certification,
from 40CFR 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
evaporativeemissions, the fuel vapor emissions shall be measured using
the FTPregulations in effect at the time the vehicle is to be certified
as anILEV. For purposes of this section, the vehicle's fuel vapor
emissionsshall consist of the total grams of diurnal, hot soak, running
loss,and resting loss emissions, as appropriate, for the particularfuel/
vehicle/engine combination to be tested. In determining ILEVevaporative
emissions, the diurnal emissions measurement procedureshall consist of a
single diurnal heat build using an ambient or fueltemperature range of
72[deg]-96 [deg]F (22[deg]-36[deg]C), as appropriate for the applicable
FTP regulations (40 CFRpart 86).
[[Page 33]]
(B) Conventional Federal Test Procedure. A vehicle with
noevaporative emissions control system components may have
itsevaporative emissions certified for its particular GVWR weightclass/
subclass if it passes the conventional evaporative emissions FTPfrom 40
CFR part 86, subpart B for LDVs and LDTs or from 40 CFR part86, subpart
M for HDVs, as applicable.
(iii) The vehicle must meet other special requirements applicableto
conventional or clean-fuel vehicles and their fuels as described inany
other parts of this chapter, including 40 CFR parts 86 and 88.
(2) Vehicles which have a closed or sealed fuel system may
becertified at the administrator's option by engineering evaluation
inlieu of testing. These vehicles will be certified as ILEVs only if
aleak in the fuel system would result in the vehicle becominginoperative
due to loss of fuel supply, or if half the fuel escapeswithin 24 hours.
(b) Identification. In the application for a vehicle'scertification
as an ILEV, the manufacturer or the manufacturer's agentshall provide
for positive identification of the vehicle's status asan 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 orboldface letters) that the
vehicle is certified to applicable emissionstandards for ILEV exhaust
and evaporative emission standards.
(c) Light-duty vehicles and light-duty trucks. ILEVs in LDVand LDT
classes shall have exhaust emissions which do not exceed theLEV exhaust
emission standards for NMOG, CO, HCHO, and PM and the ULEVexhaust
emission standards for NOX listed in TablesA104-1 through
A104-6 for light-duty CFVs. Exhaustemissions shall be measured in
accordance with the test proceduresspecified in Sec. 88.104-94(k). An
ILEV must be ableto operate on only one fuel, or must be certified as an
ILEV on allfuels on which it can operate. These vehicles shall also
comply withall requirements of 40 CFR part 86 which are applicable
toconventional gasoline-fueled, methanol-fueled, diesel-fueled,
naturalgas-fueled or liquified petroleum gas-fueled LDVs/LDTs of the
samevehicle class and model year.
(d) Heavy-duty vehicles. ILEVs in the HDV class shall haveexhaust
emissions which do not exceed the exhaust emission standardsin grams per
brake horsepower-hour listed inSec. 88.105-94(d). Exhaust emissions
shall bemeasured in accordance with the test procedures specified
inSec. 88.105-94(e). An ILEV must be able to operate ononly one fuel,
or must be certified as an ILEV on all fuels on whichit can operate.
These vehicles shall also comply with all requirementsof 40 CFR part 86
which are applicable in the case of conventionalgasoline-fueled,
methanol-fueled, diesel-fueled, natural gas-fueled orliquified petroleum
gas-fueled HDVs of the same weight class and modelyear.
(e) Applicability. State actions to opt out of the clean-fuel fleet
program under section 182(c) of the Act do not affect theapplicability
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 requirementsthat
differ from Sec. 88.311-93. Where a paragraph inSec. 88.311-93 is
identical and applicable toSec. 88.311-98, this may be indicated by
specifyingthe corresponding paragraph and the statement ``[Reserved].
Forguidance see Sec. 88.311-93.''
(a) heading through (a)(1)(ii) [Reserved]. For guidance seeSec.
88.311-93.
(iii) The vehicle must meet other special requirements applicableto
conventional or clean-fuel vehicles and their fuels as described inany
other regulations in 40 CFR chapter I, subchapter C, including 40CFR
parts 86 and 88 (e.g., onboard refueling provisions).
(b) through (e) [Reserved]. For guidance seeSec. 88.311-93.
[59 FR 16309, Apr. 6, 1994]
Effective Date Note: The new information collectionrequirements for
Sec. 88.311-98 published in theFederal Register at 59 FR 16309, Apr. 6,
1994, which apply to1998 and later model year vehicles, have not been
approved by theOffice of Management and Budget (OMB) and are not
effective.
[[Page 34]]
Sec. 88.312-93 Inherently Low-Emission Vehicle labeling.
(a) Label design. (1) Label design shall consist of eitherof the
following specifications:
(i) The label shall consist of a white rectangular
background,approximately 12 inches (30 centimeters) high by 18 inches
(45centimeters) wide, with ``CLEAN AIR VEHICLE'' printed incontrasting
block capital letters at least 4.3 inches (10.6centimeters) tall and 1.8
inches (4.4 centimeters) wide with a strokewidth not less than 0.5
inches (1.3 centimeters). In addition, thewords ``INHERENTLY LOW-
EMISSION VEHICLE'' must be presentin lettering no smaller than 1 inch
(2.5 centimeters) high. Nothingshall be added to the label which impairs
readability. Labels shallinclude a serialized identification number; or
(ii) The label shall consist of a white truncated-
circularbackground, approximately 10 inches (25 centimeters) in diameter
by 7inches (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 onthe
label in contrasting block capital letters at least 2 inches
(5centimeters) tall and 1.5 inches (3.8 centimeters) wide with a
strokewidth not less than 0.4 inches (1.0 centimeter). In addition,
thewords ``CLEAN AIR VEHICLE'' must be present in letteringno smaller
than 0.8 inches (2.0 centimeters) high. Nothing shall beadded to the
label which impairs readability. Labels shall include aserialized
identification number.
(2) The ILEV label shall be fabricated or affixed to a vehicle
insuch a manner that its removal from the vehicle cannot be
accomplishedwithout defacing or destroying the label in whole or in
part.
(3) Along with the manufacturer's application to certify aparticular
ILEV engine class, the manufacturer or the manufacturer'sagent shall
submit to EPA ILEV labels or reasonable facsimiles of thetypes which may
be mounted on a certified ILEV vehicle of that class.
(b) Eligibility. Vehicle manufacturers or their agents mustinstall
ILEV labels on a certified ILEV vehicle at the time of itssale to an
eligible fleet owner if the vehicle is to be eligible forexpanded TCM
exemptions. An eligible fleet owner is one who is in acovered area and
owns a total of at least ten motor vehicles(including the ILEV(s) being
purchased) which operate in the owner'sfleet. All of the following shall
be provided to demonstrateeligibility: Photocopies of no less than nine
motor vehicleregistrations indicating registration in the ILEV
purchaser's name, asigned statement by the ILEV purchaser that these
vehicles areoperational in the purchaser's fleet and that the ILEV being
purchasedwill also be operated in this fleet, and a signed statement by
theILEV purchaser that the ILEV labels will be removed and disposed
ofwhen the vehicle is sold, given, leased (except as part of a
dailyrental fleet), or offered for long-term loan to someone who has
notdemonstrated eligibility for expanded TCMs available to
ILEVsaccording to these criteria.
(c) ILEV Label installation. (1) Except as provided for inthis
paragraph (c), no person shall attach an ILEV label or anyfacsimile of
an ILEV label to any vehicle.
(2)(i) The manufacturer or the manufacturer's agent shall
attachthree labels on the vehicle in plain sight: One on the rear of
thevehicle and one on each of two sides of the vehicle. Each label
shallconform to the specifications of paragraph (a) of this section.
(ii) In the case that an ILEV label of the proportions specifiedin
paragraph (a)(1) of this section cannot be attached to the rear ofthe
ILEV, the manufacturer or the manufacturer's agent shall attach tothe
rear of the vehicle an ILEV label of either of the followingproportions:
(A) The label shall consist of a white rectangular
background,approximately 4 inches (10 centimeters) high by 24 inches
(60centimeters) wide, with ``CLEAN AIR VEHICLE'' printed incontrasting
block capital letters at least 2.8 inches (7 centimeters)tall and 1.3
inches (3.3 centimeters) wide with a stroke width notless than 0.3
inches (0.8 centimeter). In addition, the words``INHERENTLY LOW-EMISSION
VEHICLE'' must be present inlettering
[[Page 35]]
no smaller than 0.6 inches (1.5 centimeters) high.Nothing shall be added
to the label which impairs readability. Labelsshall include a serialized
identification number; or
(B) The label shall consist of a white truncated-circularbackground,
approximately 5 inches (12.5 centimeters) in diameter by3.5 inches (8.8
centimeters) in height. The bottom edge of thetruncated-circular
background shall be approximately 1 inch (2.5centimeters) from the
center. The acronym ``ILEV'' shallbe printed on the label in contrasting
block capital letters at least1 inch (2.5 centimeters) tall and 0.8
inches (2.0 centimeters) widewith a stroke width not less than 0.3
inches (0.8 centimeters). Inaddition, the words ``CLEAN AIR VEHICLE''
must be presentin lettering no smaller than 0.4 inches (1.0 centimeter)
high. Nothingshall be added to the label which impairs readability.
Labels shallinclude a serialized identification number.
(d) Label removal. Fleet ILEV owners shall remove anddispose of the
ILEV labels on a vehicle before selling or transferringownership of an
ILEV or offering it for lease (unless the ILEV is partof a daily rental
fleet) or long-term loan. This provision shall notapply if the person
who is receiving the vehicle demonstrateseligibility for expanded TCM
exemptions under the federal ILEV programas described in paragraph (b)
of this section, or is otherwisequalified under state regulations which
expressly expand ILEV labeleligibility.
(e) Label replacement. (1) The manufacturer shall makereplacement
ILEV labels available to the fleet owner of a qualifyingILEV to replace
any ILEV label which has been lost or removed due tovehicle damage,
repair, sale, or lease. The fleet owner's requestshall include proof of
ownership of the ILEV in question and proof ofthe fleet owner's
eligibility for ILEV TCM exemptions, as outlined inparagraph (c) of this
section. Each label shall be imprinted with thesame serial number as
initially assigned to the damaged/missing ILEVlabel(s) for that vehicle.
Any portion of a damaged label remaining onthe ILEV shall be removed
from the vehicle and submitted with therequest as proof of loss.
(2) Upon receipt of the replacement ILEV label(s), the fleet
ownershall attach the new ILEV label(s) only to the vehicle for
whichreplacement 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 ILEVsprovided in
this section are not effective outside of nonattainmentareas for which
states are required to establish CFFV programs undersection 246 of the
CAA, unless specifically added by states forqualifying vehicles.
(2) Incentives for purchasing ILEVs shall not be transferredbetween
vehicles within the same fleet nor shall they be sold ortraded.
(3) No vehicle over 26,000 pounds (11,800 kilograms) GVWR shall
beeligible for the following ILEV incentives.
(b) Exemption from temporal TCMs. A fleet vehicle which hasbeen
certified and labeled as an ILEV according to the provisions ofthis
section and which continues to be in compliance with applicableemissions
standards and other ILEV program requirements shall beexempted from TCMs
existing for air quality reasons included inapproved state
implementation plans which restrict vehicle usage basedprimarily 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 ILEVaccording
to the provisions of Sec. Sec. 88.311 and 88.312and which continues to
be in compliance with applicable emissionsstandards and other ILEV
program requirements shall be exempt fromTCMs which restrict a vehicle's
access to certain roadway lanes basedon the number of occupants in that
vehicle, usually known as high-occupancy vehicle (HOV) lanes. These
exemptions shall not apply ifthey would create a clear and direct safety
hazard.
[[Page 36]]
(2) In a state containing a covered area, or areas, thegovernor may
petition the Administrator for a waiver from theexemption from HOV lane
restrictions for ILEVs for any section of HOVlane in the covered area(s)
that can be shown to be congestedprimarily due to the operation or
projected operation of ILEVs. Thewaiver application shall demonstrate
the infeasibility of other meansof alleviating HOV/CAV lane congestion,
such as adding an additionalHOV/CAV lane, further increasing vehicle
occupancy requirements andreducing the use of the lane by noneligible
vehicles.
Sec. Tables to Subpart C of Part 88
Table C94-1--Fleet CreditTable Based on Reduction in NMOG. Vehicle Equivalents for Light-DutyVehicles and Light-Duty Trucks
TableC94-1.1--Credit Generation: Purchasing More Clean-FuelVehicles Than Required by the Mandate
--------------------------------------------------------------------------------------------------------------------------------------------------------
LDT 6000 eq>6000 GVWR,
NMOG <=6000GVWR, GVWR, 6000 GVWR, GVWR, 5750
<=3750 LVW eq>3750 LVW <=3750 ALVW eq>3750ALVW <=5750 ALVW
<=5750 LVW 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--CreditGeneration: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000 GVWR, 3750 eq>6000 GVWR,
NMOG GVWR, 3750 <=3750 ALVW ALVW, <=5750 5750
<=3750 LVW LVW <=5750 LVW ALVW 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--CreditNeeded in Lieu of Purchasing a LEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000 GVWR, 3750 eq>6000 GVWR,
NMOG GVWR, 3750 <=3750 ALVW ALVW <=5750 <=5750 ALVW
<=3750 LVW LVW <=5750 LVW ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.26 0.71 0.91 1.11
----------------------------------------------------------------------------------------------------------------
Table C94-2--Fleet CreditTable Based on Reduction in NMOG+NOX. Vehicle Equivalentsfor Light-Duty Vehicles and
Light-Duty Trucks
TableC94-2.1--Credit Generation: Purchasing More Clean-FuelVehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000 GVWR, 3750 eq>6000 GVWR,
NMOG+NOX GVWR, eq>3750 LVW <=3750ALVW ALVW <=5750 5750
<=3750 LVW <=5750 LVW ALVW ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.39 0.33 0.43 0.52
ULEV........................... 1.09 1.52 1.00 1.39 2.06
[[Page 37]]
ZEV............................ 1.73 2.72 1.73 2.72 3.97
----------------------------------------------------------------------------------------------------------------
Table C94-2.2--CreditGeneration: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000 GVWR, 3750 eq>6000 GVWR,
NMOG+NOX GVWR, eq>3750 LVW <=3750 ALVW ALVW <=5750 5750
<=3750 LVW <=5750 LVW ALVW 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--CreditNeeded in Lieu of Purchasing a LEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 3750 eq>6000 GVWR,
NMOG+NOX GVWR, eq>3750 LVW GVWR, ALVW <=5750 5750
<=3750 LVW <=5750 LVW <=3750 ALVW ALVW ALVW
----------------------------------------------------------------------------------------------------------------
LEV................................ 1.00 1.39 0.33 0.43 0.52
----------------------------------------------------------------------------------------------------------------
Table C94-3--Fleet CreditTable Based on Reduction in Carbon Monoxide. Vehicle Equivalents forLight-Duty Vehicles
and Light-Duty Trucks
TableC94-3.1--Credit Generation: Purchasing More Clean-FuelVehicles Than Required by the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 3750 eq>6000 GVWR,
CO <=6000GVWR, eq>3750 LVW GVWR, ALVW <=5750 5750
<=3750 LVW <=5750 LVW <=3750 ALVW ALVW 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--CreditGeneration: Purchasing a ULEV or ZEV To Meet the Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000 GVWR, 3750 eq>6000 GVWR,
CO GVWR, 3750 <=3750 ALVW ALVW <=5750 5750
<=3750 LVW LVW <=5750 LVW ALVW ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 0.00 0.00 0.00 0.00 0.00
ULEV........................... 1.00 1.00 1.00 1.00 1.00
ZEV............................ 2.00 2.29 2.00 2.29 2.47
----------------------------------------------------------------------------------------------------------------
[[Page 38]]
Table C94-3.3--CreditNeeded in Lieu of Purchasing a LEV To Meet The Mandate
----------------------------------------------------------------------------------------------------------------
LDT 6000 GVWR, LDT 6000 GVWR, 3750 eq>6000 GVWR,
CO GVWR, eq>3750 LVW <=3750ALVW ALVW <=5750 5750
<=3750 LVW <=5750 LVW ALVW ALVW
----------------------------------------------------------------------------------------------------------------
LEV............................ 1.00 1.00 1.00 1.00 1.00
----------------------------------------------------------------------------------------------------------------
Table C94-4--Fleet Credit TableBased on Reduction in NMHC+NOX. Vehicle
Equivalents forHeavy-Duty Vehicles--Table C94-4.1--CreditGeneration:
Purchasing More Clean-Fuel Vehicles Than Required by theMandate
------------------------------------------------------------------------
Light Medium
NMHC+NOX HDV HDV HeavyHDV
------------------------------------------------------------------------
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 Lieuof Purchasing a LEV to Meet the
Mandate
------------------------------------------------------------------------
Light Medium
NMHC+NOX HDV HDV
------------------------------------------------------------------------
LEV................................................. 1.00 1.00
------------------------------------------------------------------------
Table C94-5--Fleet Credit TableBased on Reduction in Co. Vehicle
Equivalents for Heavy-DutyVehicles--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 Lieuof Purchasing a LEV to Meet the
Mandate
------------------------------------------------------------------------
Light
CO HDV MediumHDV
------------------------------------------------------------------------
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]
PART 89_CONTROL OF EMISSIONS FROM NEW AND IN-USENONROAD COMPRESSION-IGNITION ENGINES--Table of Contents
Subpart A_General
Sec.
89.1 Applicability.
89.2 Definitions.
89.3 Acronyms and abbreviations.
89.4 [Reserved]
89.5 Table and figure numbering; position.
89.6 Reference materials.
89.7 Treatment of confidential information.
Appendix A to Subpart A--State Regulation of NonroadInternal Combustion
Engines
Subpart B_Emission Standards and Certification Provisions
89.101 Applicability.
89.102 Effective dates, optional inclusion, flexibility forequipment
manufacturers.
89.103 Definitions.
89.104 Useful life, recall, and warranty periods.
89.105 Certificate of conformity.
89.106 Prohibited controls.
89.107 Defeat devices.
89.108 Adjustable parameters, requirements.
89.109 Maintenance instructions and minimum allowablemaintenance
intervals.
[[Page 39]]
89.110 Emission control information label.
89.111 Averaging, banking, and trading of exhaust emissions.
89.112 Oxides of nitrogen, carbon monoxide, hydrocarbon, andparticulate
matter exhaust emission standards.
89.113 Smoke emission standard.
89.114 Special and alternate test procedures.
89.115 Application for certificate.
89.116 Engine families.
89.117 Test fleet selection.
89.118 Deterioration factors and service accumulation.
89.119 Emission tests.
89.120 Compliance with emission standards.
89.121 Certificate of conformity effective dates.
89.122 Certification.
89.123 Amending the application and certificate ofconformity.
89.124 Record retention, maintenance, and submission.
89.125 Production engines, annual report.
89.126 Denial, revocation of certificate of conformity.
89.127 Request for hearing.
89.128 Hearing procedures.
89.129 Right of entry.
89.130 Rebuild practices.
Subpart C_Averaging, Banking, and Trading Provisions
89.201 Applicability.
89.202 Definitions.
89.203 General provisions.
89.204 Averaging.
89.205 Banking.
89.206 Trading.
89.207 Credit calculation.
89.208 Labeling.
89.209 Certification.
89.210 Maintenance of records.
89.211 End-of-year and final reports.
89.212 Notice of opportunity for hearing.
Subpart D_Emission Test Equipment Provisions
89.301 Scope; applicability.
89.302 Definitions.
89.303 Symbols/abbreviations.
89.304 Equipment required for gaseous emissions; overview.
89.305 Equipment measurement accuracy/calibration frequency.
89.306 Dynamometer specifications and calibration weights.
89.307 Dynamometer calibration.
89.308 Sampling system requirements for gaseous emissions.
89.309 Analyzers required for gaseous emissions.
89.310 Analyzer accuracy and specifications.
89.311 Analyzer calibration frequency.
89.312 Analytical gases.
89.313 Initial calibration of analyzers.
89.314 Pre- and post-test calibration of analyzers.
89.315 Analyzer bench checks.
89.316 Analyzer leakage and response time.
89.317 NOX converter check.
89.318 Analyzer interference checks.
89.319 Hydrocarbon analyzer calibration.
89.320 Carbon monoxide analyzer calibration.
89.321 Oxides of nitrogen analyzer calibration.
89.322 Carbon dioxide analyzer calibration.
89.323 NDIR analyzer calibration.
89.324 Calibration of other equipment.
89.325 Engine intake air temperature measurement.
89.326 Engine intake air humidity measurement.
89.327 Charge cooling.
89.328 Inlet and exhaust restrictions.
89.329 Engine cooling system.
89.330 Lubricating oil and test fuels.
89.331 Test conditions.
Appendix A to Subpart D--Tables
Appendix B to Subpart D--Figures
Subpart E_Exhaust Emission Test Procedures
89.401 Scope; applicability.
89.402 Definitions.
89.403 Symbols/abbreviations.
89.404 Test procedure overview.
89.405 Recorded information.
89.406 Pre-test procedures.
89.407 Engine dynamometer test run.
89.408 Post-test procedures.
89.409 Data logging.
89.410 Engine test cycle.
89.411 Exhaust sample procedure--gaseous components.
89.412 Raw gaseous exhaust sampling and analytical systemdescription.
89.413 Raw sampling procedures.
89.414 Air flow measurement specifications.
89.415 Fuel flow measurement specifications.
89.416 Raw exhaust gas flow.
89.417 Data evaluation for gaseous emissions.
89.418 Raw emission sampling calculations.
89.419 Dilute gaseous exhaust sampling and analytical systemdescription.
89.420 Background sample.
89.421 Exhaust gas analytical system; CVS bag sample.
89.422 Dilute sampling procedures--CVS calibration.
89.423 [Reserved]
89.424 Dilute emission sampling calculations.
89.425 [Reserved]
Appendix A to Subpart E--Figures
Appendix B to Subpart E--Tables 1
[[Page 40]]
Subpart F_Selective Enforcement Auditing
89.501 Applicability.
89.502 Definitions.
89.503 Test orders.
89.504 Testing by the Administrator.
89.505 Maintenance of records; submittal of information.
89.506 Right of entry and access.
89.507 Sample selection.
89.508 Test procedures.
89.509 Calculation and reporting of test results.
89.510 Compliance with acceptable quality level and passingand failing
criteria for selective enforcement audits.
89.511 Suspension and revocation of certificates ofconformity.
89.512 Request for public hearing.
89.513 Administrative procedures for public hearing.
89.514 Hearing procedures.
89.515 Appeal of hearing decision.
89.516 Treatment of confidential information.
Appendix A to Subpart F--Sampling Plans for SelectiveEnforcement
Auditing of Nonroad Engines
Subpart G_Importation of Nonconforming Nonroad Engines
89.601 Applicability.
89.602 Definitions.
89.603 General requirements for importation of nonconformingnonroad
engines.
89.604 Conditional admission.
89.605 Final admission of certified nonroad engines.
89.606 Inspection and testing of imported nonroad engines.
89.607 Maintenance of independent commercial importer'srecords.
89.608 ``In Use'' inspections and recallrequirements.
89.609 Final admission of modification nonroad engines andtest nonroad
engines.
89.610 Maintenance instructions, warranties, emissionlabeling.
89.611 Exemptions and exclusions.
89.612 Prohibited acts; penalties.
89.613 Treatment of confidential information.
89.614 Importation of partially complete engines.
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 precertificationexemption.
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.
89.913 What provisions apply to engines certified under themotor-vehicle
program?
89.914 What provisions apply to vehicles certified under themotor-
vehicle program?
89.915 Staged-assembly exemption.
89.916 Emergency-vessel exemption for marine engines below37 kW.
Subpart K_General Enforcement Provisions and ProhibitedActs
89.1001 Applicability.
89.1002 Definitions.
89.1003 Prohibited acts.
89.1004 General enforcement provisions.
89.1005 Injunction proceedings for prohibited acts.
89.1006 Penalties.
89.1007 Warranty provisions.
89.1008 In-use compliance provisions.
89.1009 What special provisions apply to branded engines?
Authority: 42 U.S.C. 7401-7671q.
Source: 59 FR 31335, June 17, 1994, unless otherwisenoted.
Subpart A_General
Sec. 89.1 Applicability.
(a) This part applies for all compression-ignition nonroad
engines(see definition of ``nonroad engine'' inSec. 89.2) except those
specified in paragraph (b) of thissection. This means that the engines
for which this part appliesinclude but are not limited to the following:
(1) Compression-ignition engines exempted from the requirements of40
CFR Part 92 by 40 CFR 92.907;
(2) Compression-ignition engines exempted from the requirements of40
CFR Part 94 by 40 CFR 94.907;
[[Page 41]]
(3) Portable compression-ignition engines that are used in butnot
installed in marine vessels (as defined in the General Provisionsof the
United States Code, 1 U.S.C. 3);
(4) Non-propulsion compression-ignition engines used inlocomotives;
and
(5) Compression-ignition marine engines with rated power under 37kW.
(b) (1) Aircraft engines. This part does not apply forengines used
in aircraft (as defined in 40 CFR 87.1).
(2) Mining engines. This part does not apply for enginesused in
underground mining equipment and regulated by the MiningSafety and
Health Administration (MSHA) in 30 CFR parts 7, 31, 32, 36,56, 57, 70,
and 75.
(3) Locomotive engines. This part does not apply for enginesthat:
(i) Are subject to the standards of 40 CFR part 92; or
(ii) Are exempted from the requirements of 40 CFR part 92
byexemption provisions of 40 CFR part 92 other than those specified in40
CFR 92.907.
(4) Marine engines. This part does not apply for enginesthat:
(i) Are subject to the standards of 40 CFR part 94;
(ii) Are exempted from the requirements of 40 CFR part 94
byexemption provisions of 40 CFR part 94 other than those specified in40
CFR 94.907 or 94.912.
(iii) Are marine engines (as defined in 40 CFR part 94) with
ratedpower at or above 37kW that are manufactured in calendar years
inwhich the standards of 40 CFR part 94 are not yet applicable.
(5) Hobby engines. This part does not apply for engines witha per-
cylinder displacement of less than 50 cubic centimeters.
(6) Tier 4 engines. This part does not apply to engines thatare
subject to emission standards under 40 CFR part 1039. See 40 CFR1039.1
to determine when that part 1039 applies. Note that certainrequirements
and prohibitions apply to engines built on or afterJanuary 1, 2006 if
they are installed in stationary applications or inequipment that will
be used solely for competition, as described in 40CFR 1039.1 and 40 CFR
1068.1; those provisions apply instead of theprovisions of this part 89.
(c) In certain cases, the regulations in this part 89 apply
toengines at or above 250 kW that would otherwise be covered by 40
CFRpart 1048. See 40 CFR 1048.620 for provisions related to
thisallowance.
(d) This part applies as specified in 40 CFR part 60 subpart IIII,to
compression-ignition engines subject to the standards of 40 CFRpart 60,
subpart IIII.
[64 FR 73330, Dec. 29, 1999, as amended at 69 FR 39212, June29, 2004; 70
FR 40444, July 13, 2005; 71 FR 39184, July 11, 2006; 72FR 53126, Sept.
18, 2007]
Sec. 89.2 Definitions.
The following definitions apply to part 89. All terms not
definedherein have the meaning given them in the Act.
Act means the Clean Air Act, as amended, 42 U.S.C. 7401et seq.
Adjustable parameter means any device, system, or element ofdesign
which is physically capable of being adjusted (including thosewhich are
difficult to access) and which, if adjusted, may affectemissions or
engine performance during emission testing.
Administrator means the Administrator of the EnvironmentalProtection
Agency or his or her authorized representative.
Aircraft means any vehicle capable of sustained air travelabove
treetop heights.
Amphibious vehicle means a vehicle with wheels or tracksthat is
designed primarily for operation on land and secondarily foroperation in
water.
Auxiliary emission control device (AECD) means any elementof design
that senses temperature, vehicle speed, engine RPM,transmission gear, or
any other parameter for the purpose ofactivating, modulating, delaying,
or deactivating the operation of anypart of the emission control system.
Auxiliary marine diesel engine means a marine diesel enginethat is
not a propulsion marine diesel engine.
Blue Sky Series engine means a nonroad engine meeting
therequirements of Sec. 89.112(f).
Certification means, with respect to new nonroad engines,obtaining a
certificate of conformity for an engine
[[Page 42]]
familycomplying with the nonroad engine emission standards and
requirementsspecified in this part.
Compression-ignition means relating to a type ofreciprocating,
internal-combustion engine that is not a spark-ignitionengine.
Constant-speed engine means an engine that is governed tooperate
only at rated speed.
Crankcase emissions means airborne substances emitted to
theatmosphere from any portion of the engine crankcase ventilation
orlubrication systems.
Designated Enforcement Officer means the Director, AirEnforcement
Division (2242A), U.S. Environmental Protection Agency,1200 Pennsylvania
Ave., NW.,Washington, DC 20460.
Emission control system means any device, system, or elementof
design which controls or reduces the emission of substances from
anengine.
Engine, as used in this part, refers to nonroad engine.
Engine manufacturer means any person engaged in themanufacturing or
assembling of new nonroad engines or importing suchengines for resale,
or who acts for and is under the control of anysuch person in connection
with the distribution of such engines.Engine manufacturer does not
include any dealer with respect to newnonroad engines received by such
person in commerce.
Engine used in a locomotive means either an engine placed inthe
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
theEnvironmental Protection Agency so designated in writing by
theAdministrator (or by his or her designee).
Exhaust gas recirculation means an emission controltechnology that
reduces emissions by routing exhaust gases that hadbeen exhausted from
the combustion chamber(s) back into the engine tobe mixed with incoming
air prior to or during combustion. The use ofvalve timing to increase
the amount of residual exhaust gas in thecombustion chamber(s) that is
mixed with incoming air prior to orduring combustion is not considered
to be exhaust gas recirculationfor the purposes of this part.
Family emission limit (FEL) means an emission level that isdeclared
by the manufacturer to serve in lieu of an emission standardfor
certification purposes and for the averaging, banking, and
tradingprogram. A FEL must be expressed to the same number of decimal
placesas the applicable emission standard.
Full load governed speed is the maximum full load speed asspecified
by the manufacturer in the sales and service literature andcertification
application. This speed is the highest engine speed withan advertised
power greater than zero.
Gross power means the power measured at the crankshaft orits
equivalent, the engine being equipped only with the standardaccessories
(such as oil pumps, coolant pumps, and so forth) necessaryfor its
operation on the test bed. Alternators must be used, ifnecessary, to run
the engine. Fans, air conditioners, and otheraccessories may be used at
the discretion of the manufacturer, but nopower adjustments for these
accessories may be made.
Identification number means a specification (for example,model
number/serial number combination) which allows a particularnonroad
engine to be distinguished from other similar engines.
Intermediate speed means peak torque speed if peak torquespeed
occurs from 60 to 75 percent of rated speed. If peak torquespeed is less
than 60 percent of rated speed, intermediate speed means60 percent of
rated speed. If peak torque speed is greater than 75percent of rated
speed, intermediate speed means 75 percent of ratedspeed.
Marine engine means a nonroad engine that is installed orintended to
be installed on a marine vessel. This includes a portableauxiliary
marine engine only if its fueling, cooling, or exhaustsystem is an
integral part of the vessel. There are two kinds ofmarine engines:
(1) Propulsion marine engine means a marine engine that moves
avessel through the water or directs the vessel's movement.
[[Page 43]]
(2) Auxiliary marine engine means a marine engine not used
forpropulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, exceptthat it
does not include amphibious vehicles. The definition in 1U.S.C. 3 very
broadly includes every craft capable of being used as ameans of
transportation on water.
Model year (MY) means the manufacturer's annual new modelproduction
period which includes January 1 of the calendar year, endsno later than
December 31 of the calendar year, and does not beginearlier than January
2 of the previous calendar year. Where amanufacturer has no annual new
model production period, model yearmeans calendar year.
New for purposes of this part, means a nonroad engine,nonroad
vehicle, or nonroad equipment the equitable or legal title towhich has
never been transferred to an ultimate purchaser. Where theequitable or
legal title to the engine, vehicle, or equipment is nottransferred to an
ultimate purchaser until after the engine, vehicle,or equipment is
placed into service, then the engine, vehicle, orequipment will no
longer be new after it is placed into service. Anonroad engine, vehicle,
or equipment is placed into service when itis used for its functional
purposes. With respect to imported nonroadengines, nonroad vehicles, or
nonroad equipment, the term newmeans an engine, vehicle, or piece of
equipment that is not covered bya certificate of conformity issued under
this part at the time ofimportation, and that is manufactured after the
effective date of aregulation issued under this part which is applicable
to such engine,vehicle, or equipment (or which would be applicable to
such engine,vehicle, or equipment had it been manufactured for
importation intothe United States).
Nonroad engine means:
(1) Except as discussed in paragraph (2) of this definition,
anonroad engine is any internal combustion engine:
(i) In or on a piece of equipment that is self-propelled or servesa
dual purpose by both propelling itself and performing anotherfunction
(such as garden tractors, off-highway mobile cranes andbulldozers); or
(ii) In or on a piece of equipment that is intended to bepropelled
while performing its function (such as lawnmowers and stringtrimmers);
or
(iii) That, by itself or in or on a piece of equipment, isportable
or transportable, meaning designed to be and capable of beingcarried or
moved from one location to another. Indicia oftransportability 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
usedsolely for competition, or is subject to standards promulgated
undersection 202 of the Act; or
(ii) the engine is regulated by a federal New Source
PerformanceStandard promulgated under section 111 of the Act; or
(iii) the engine otherwise included in paragraph (1)(iii) of
thisdefinition remains or will remain at a location for more than
12consecutive months or a shorter period of time for an engine locatedat
a seasonal source. A location is any single site at a
building,structure, facility, or installation. Any engine (or engines)
thatreplaces an engine at a location and that is intended to perform
thesame or similar function as the engine replaced will be included
incalculating the consecutive time period. An engine located at
aseasonal source is an engine that remains at a seasonal source
duringthe full annual operating period of the seasonal source. A
seasonalsource is a stationary source that remains in a single location
on apermanent basis (i.e., at least two years) and that operates at
thatsingle location approximately three months (or more) each year.
Thisparagraph does not apply to an engine after the engine is removed
fromthe location.
Nonroad equipment means equipment that is powered by nonroadengines.
Nonroad vehicle means a vehicle that is powered by a nonroadengine
as defined in this section and that is not a motor vehicle or avehicle
used solely for competition.
[[Page 44]]
Nonroad vehicle or nonroad equipment manufacturer meansany person
engaged in the manufacturing or assembling of new nonroadvehicles or
equipment or importing such vehicles or equipment forresale, or who acts
for and is under the control of any such person inconnection with the
distribution of such vehicles or equipment. Anonroad vehicle or
equipment manufacturer does not include any dealerwith respect to new
nonroad vehicles or equipment received by suchperson in commerce. A
nonroad vehicle or equipment manufacturer doesnot include any person
engaged in the manufacturing or assembling ofnew nonroad vehicles or
equipment who does not install an engine aspart of that manufacturing or
assembling process. All nonroad vehicleor equipment manufacturing
entities that are under the control of thesame person are considered to
be a single nonroad vehicle or nonroadequipment manufacturer.
Opacity means the fraction of a beam of light, expressed inpercent,
which fails to penetrate a plume of smoke.
Operating hours means:
(1) For engine storage areas or facilities, all times during
whichpersonnel other than custodial personnel are at work in the
vicinityof the storage area or facility and have access to it.
(2) For all other areas or facilities, all times during which
anassembly line is in operation or all times during which
testing,maintenance, service accumulation, production or compilation
ofrecords, or any other procedure or activity related to
certificationtesting, to translation of designs from the test stage to
theproduction stage, or to engine manufacture or assembly is
beingcarried out in a facility.
Post-manufacture marinizer means a person who produces amarine
diesel engine by substantially modifying a certified oruncertified
complete or partially complete engine, and is notcontrolled by the
manufacturer of the base engine or by an entity thatalso controls the
manufacturer of the base engine. For the purpose ofthis definition,
``substantially modify'' means changingan engine in a way that could
change engine emission characteristics.
Presentation of credentials means the display of thedocument
designating a person as an EPA enforcement officer or EPAauthorized
representative.
Propulsion marine diesel engine means a marine diesel enginethat is
intended to move a vessel through the water or direct themovement of a
vessel.
Rated speed is the maximum full load governed speed forgoverned
engines and the speed of maximum horsepower for ungovernedengines.
Spark-ignition means relating to a gasoline-fueled engine orother
engines with a spark plug (or other sparking device) and withoperating
characteristics significantly similar to the theoreticalOtto combustion
cycle. Spark-ignition engines usually use a throttleto regulate intake
air flow to control power during normal operation.
Specific emissions means emissions expressed on the basis ofobserved
brake power, using units of g/kW-hr. Observed brake powermeasurement
includes accessories on the engine if these accessoriesare required for
running an emission test (except for the coolingfan). When it is not
possible to test the engine in the grossconditions, for example, if the
engine and transmission form a singleintegral unit, the engine may be
tested in the net condition. Powercorrections from net to gross
conditions will be allowed with priorapproval of the Administrator.
Sulfur-sensitive technology means an emission-controltechnology that
experiences a significant drop in emission-controlperformance or
emission-system durability when an engine is operatedon low-sulfur fuel
(i.e., fuel with a sulfur concentration up to500 ppm) as compared to
when it is operated on ultra low-sulfur fuel(i.e., fuel with a sulfur
concentration less than 15 ppm).Exhaust-gas recirculation is not a
sulfur-sensitive technology.
Test fleet means the engine or group of engines that amanufacturer
uses during certification to determine compliance withemission
standards.
Tier 1 engine means an engine subject to the Tier 1
emissionstandards listed in Sec. 89.112(a).
Tier 2 engine means an engine subject to the Tier 2
emissionstandards listed in Sec. 89.112(a).
[[Page 45]]
Tier 3 engine means an engine subject to the Tier 3emission
standards listed in Sec. 89.112(a).
Ultimate purchaser means, with respect to any new nonroadengine, new
nonroad vehicle, or new nonroad equipment, the firstperson who in good
faith purchases such new nonroad engine, nonroadvehicle, or nonroad
equipment for purposes other than resale.
United States means the States, the District of Columbia,the
Commonwealth of Puerto Rico, the Commonwealth of the NorthernMariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
Used solely for competition means exhibiting features thatare not
easily removed and that would render its use other than incompetition
unsafe, impractical, or highly unlikely.
U.S.-directed production volume means the number of
nonroadequipment, vehicle, or marine diesel engine units produced by
amanufacturer for which the manufacturer has reasonable assurance
thatsale was or will be made to ultimate purchasers in the United
States.
[59 FR 31335, June 17, 1994, as amended at 61 FR 52102, Oct.4, 1996; 63
FR 18998, Apr. 16, 1998; 63 FR 56996, Oct. 23, 1998; 65 FR73331, Dec.
29, 1999; 67 FR 68339, Nov. 8, 2002; 69 FR 39212, June 29,2004; 70 FR
40444, July 13, 2005; 72 FR 53126, Sept. 18, 2007]
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
EGR Exhaust gas recirculation
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
NMHC Nonmethane hydrocarbon
NTIS National Technical Information Service
NO Nitric oxide
NO2 Nitrogen dioxide
NOX Oxides of nitrogen
O2 Oxygen
OEM Original equipment manufacturer
PM Particulate matter
SAE Society of Automotive Engineers
SEA Selective Enforcement Auditing
SI Spark-ignition
THC Total hydrocarbon
U.S.C. United States Code
VOC Volatile organic compounds
[59 FR 31335, June 17, 1994, as amended at 63 FR 56997, Oct.23, 1998]
Sec. 89.4 [Reserved]
Sec. 89.5 Table and figure numbering; position.
(a) Tables for each subpart appear in an appendix at the end ofthe
subpart. Tables are numbered consecutively by order of appearancein the
appendix. The table title will indicate the model year (ifapplicable)
and the topic.
(b) Figures for each subpart appear in an appendix at the end ofthe
subpart. Figures are numbered consecutively by order of appearancein the
appendix. The figure title will indicate the model year (ifapplicable)
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. Theincorporation by
reference was approved by the Director of the FederalRegister in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copiesmay be
inspected at US EPA, OAR, 1200 Pennsylvania Ave., NW.,Washington, DC
20460, or at the National Archives and RecordsAdministration (NARA). For
information on the availability of thismaterial at NARA, call 202-741-
6030, or go to:http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
(b) The following paragraphs and tables set forth the materialthat
has been incorporated by reference in this part.
(1) ASTM material. The following table sets forth materialfrom the
American Society for Testing and Materials which has beenincorporated by
reference. The first column lists the
[[Page 46]]
number andname of the material. The second column lists the section(s)
of thispart, other than Sec. 89.6, in which the matter isreferenced.
The second column is presented for information only andmay not be all
inclusive. Copies of these materials may be obtainedfrom American
Society for Testing and Materials, 100 Barr HarborDrive, West
Conshohocken, PA 19428-2959.
------------------------------------------------------------------------
Document number and name 40 CFR part89 reference
------------------------------------------------------------------------
ASTM D86-97:
``Standard Test Method for Distillation Appendix A to Subpart D.
of PetroleumProducts at Atmospheric
Pressure''.
ASTM D93-97:
``Standard Test Methods for Flash Point Appendix A to Subpart D.
by Pensky-MartensClosed Cup Tester''.
ASTM D129-95:
``Standard Test Method for Sulfur in Appendix A to Subpart D.
Petroleum Products(General Bomb
Method)''.
ASTM D287-92:
``Standard Test Method for API Gravity of Appendix A toSubpart D
Crude Petroleumand Petroleum Products''
(Hydrometer Method).
ASTM D445-97:
``Standard Test Method for Kinematic Appendix A to Subpart D.
Viscosity ofTransparent and Opaque
Liquids (the Calculation of Dynamic
Viscosity)''.
ASTM D613-95:
``Standard Test Method for Cetane Number Appendix A to Subpart D.
of Diesel FuelOil''.
ASTM D1319-98:
``Standard Test Method for Hydrocarbon Appendix A to Subpart D.
Types in LiquidPetroleum Products by
Fluorescent IndicatorAdsorption''.
ASTM D2622-98:
``Standard Test Method for Sulfur in Appendix A to Subpart D.
Petroleum Products byWavelength
Dispersive X-ray
FluorescenceSpectrometry''.
ASTM D5186-96:
``Standard Test Method for Appendix A to Subpart D.
``Determination of theAromatic Content
and Polynuclear Aromatic Content of
Diesel Fuels andAviation Tubine Fuels By
Supercritical FluidChromatography''.
ASTM E29-93a:
``Standard Practice for Using Significant 89.120;89.207; 89.509.
Digits in TestData to Determine
Conformance with Specifications''.
------------------------------------------------------------------------
(2) SAE material. The following table sets forth materialfrom the
Society of Automotive Engineers which has been incorporatedby reference.
The first column lists the number and name of thematerial. The second
column lists the section(s) of this part, otherthan Sec. 89.6, in which
the matter is referenced. Thesecond column is presented for information
only and may not be allinclusive. Copies of these materials may be
obtained from Society ofAutomotive Engineers International, 400
Commonwealth Dr., Warrendale,PA 15096-0001.
------------------------------------------------------------------------
40 CFR part89
Document number and name reference
------------------------------------------------------------------------
SAE J244 June 83:
Recommended Practice for Measurement of Intake Air 89.416-96
or Exhaust GasFlow of Diesel Engines...............
SAE J1937 November 89:
Recommended Practice for Engine Testing with Low 89.327-96
TemperatureCharge Air Cooler Systems in a
Dynamometer Test Cell..............................
SAE Paper 770141:
Optimization of a Flame Ionization Detector for 89.319-96
Determination ofHydrocarbon in Diluted Automotive
Exhausts, Glenn D.Reschke..........................
------------------------------------------------------------------------
(3) California Air Resources Board Test Procedure. Thefollowing
table sets forth material from the Title 13, California Codeof
Regulations, Sections 2420-2427, as amended by CaliforniaAir Resources
Board Resolution 92-2 and published in CaliforniaAir Resources Board
mail out 93-42, September 1, 1993)which has been incorporated
by reference. The first column lists thenumber and name of the material.
The second column lists thesection(s) of this part, other than Sec.
89.6, in which thematter is referenced. The second column is presented
for informationonly and may not be all inclusive. Copies of
[[Page 47]]
these materials maybe obtained from California Air Resources Board,
Haagen-SmitLaboratory, 9528 Telstar Avenue, El Monte, CA 91731-2990.
------------------------------------------------------------------------
40 CFR part89
Document number and name reference
------------------------------------------------------------------------
California Regulations for New 1996 and Later Heavy-Duty 89.112-96
Off-RoadDiesel Cycle Engines........................... 89.119-96
89.508-96
------------------------------------------------------------------------
[59 FR 31335, June 17, 1994, as amended at 63 FR 56997, Oct.23, 1998]
Sec. 89.7 Treatment of confidential information.
(a) Any manufacturer may assert that some or all of theinformation
submitted pursuant to this part is entitled toconfidential treatment as
provided by part 2, subpart B of thischapter.
(b) Any claim of confidentiality must accompany the information
atthe time it is submitted to EPA.
(c) To assert that information submitted pursuant to this part
isconfidential, a manufacturer must indicate clearly the items
ofinformation claimed confidential by marking, circling,
bracketing,stamping, or otherwise specifying the confidential
information.Furthermore, EPA requests, but does not require, that the
submitteralso provide a second copy of its submittal from which
allconfidential information has been deleted. If a need arises
topublicly release nonconfidential information, EPA will assume that
thesubmitter has accurately deleted the confidential information
fromthis second copy.
(d) If a claim is made that some or all of the informationsubmitted
pursuant to this part is entitled to confidential treatment,the
information covered by that confidentiality claim will bedisclosed by
the Administrator only to the extent and by means of theprocedures set
forth in part 2, subpart B of this chapter.
(e) Information provided without a claim of confidentiality at
thetime of submission may be made available to the public by EPA
withoutfurther notice to the submitter, in accordance withSec.
2.204(c)(2)(i)(A) of this chapter.
Sec. Appendix A to Subpart A of Part89--State Regulation of Nonroad
Internal Combustion Engines
This appendix sets forth the Environmental Protection
Agency's(EPA's) interpretation of the Clean Air Act regarding the
authority ofstates to regulate the use and operation of nonroad engines.
EPA believes that states are not precluded under section 209
fromregulating the use and operation of nonroad engines, such
asregulations on hours of usage, daily mass emission limits, or
sulfurlimits on fuel; nor are permits regulating such operations
precluded,once the engine is no longer new. EPA believes that states
areprecluded from requiring retrofitting of used nonroad engines
exceptthat states are permitted to adopt and enforce any such
retrofittingrequirements identical to California requirements which have
beenauthorized by EPA under section 209 of the Clean Air Act.
[62 FR 67736, Dec. 30, 1997]
Subpart B_Emission Standards and CertificationProvisions
Sec. 89.101 Applicability.
(a) The requirements of subpart B of this part are applicable toall
new nonroad compression-ignition engines subject to the provisionsof
subpart A of this part 89, pursuant to the schedule delineated inSec.
89.102.
(b) In a given model year, you may ask us to approve the use
ofprocedures for certification, labeling, reporting, and
recordkeepingspecified in 40 CFR part 1039 or 1068 instead of the
comparableprocedures specified in this part 89. We will approve the
request aslong as it does not prevent us from ensuring that you fully
complywith the intent of this part.
[72 FR 53127, Sept. 18, 2007]
[[Page 48]]
Sec. 89.102 Effective dates, optional inclusion, flexibility for equipmentmanufacturers.
(a) This subpart applies to all engines described inSec. 89.101
with the following power rating and manufacturedafter the following
dates:
(1) Less than 19 kW and manufactured on or after January 1, 2000;
(2) Greater than or equal to 19 kW but less than 37 kW
andmanufactured on or after January 1, 1999;
(3) Greater than or equal to 37 kW but less than 75 kW
andmanufactured on or after January 1, 1998;
(4) Greater than or equal to 75 kW but less than 130 kW
andmanufactured on or after January 1, 1997;
(5) Greater than or equal to 130 kW but less than or equal to 560kW
and manufactured on or after January 1, 1996;
(6) Greater than 560 kW and manufactured on or after January 1,2000.
(b) A manufacturer can optionally certify engines manufactured upto
one calendar year prior to the effective date of mandatorycertification
to earn emission credits under the averaging, banking,and trading
program. Such optionally certified engines are subject toall provisions
relating to mandatory certification and enforcementdescribed in this
part.
(c) Engines meeting the voluntary standards described inSec.
89.112(f) may be designated as Blue Sky Series enginesthrough the 2004
model year.
(d) Implementation flexibility for equipment and
vehiclemanufacturers and post-manufacture marinizers. Nonroad
equipmentand vehicle manufacturers and post-manufacture marinizers may
take anyof the otherwise prohibited actions identified inSec.
89.1003(a)(1) and (b)(4) with respect to nonroadequipment and vehicles
and marine diesel engines, subject to therequirements of paragraph (e)
of this section. The followingallowances apply separately to each engine
power category subject tostandards under Sec. 89.112:
(1) Percent-of-production allowances. (i) Equipment ratedat or above
37 kW. For nonroad equipment and vehicles with enginesrated at or above
37 kW, a manufacturer may take any of the actionsidentified in Sec.
89.1003(a)(1) for a portion of its U.S.-directed production volume of
such equipment and vehicles during theseven years immediately following
the date on which Tier 2 enginestandards first apply to engines used in
such equipment and vehicles,provided that the seven-year sum of these
portions in each year, asexpressed as a percentage for each year, does
not exceed 80, andprovided that all such equipment and vehicles or
equipment containTier 1 or Tier 2 engines;
(ii) Equipment rated under 37 kW. For nonroad equipment andvehicles
and marine diesel engines with engines rated under 37 kW, amanufacturer
may take any of the actions identified inSec. 89.1003(a)(1) for a
portion of its U.S.-directedproduction volume of such equipment and
vehicles during the sevenyears immediately following the date on which
Tier 1 engine standardsfirst apply to engines used in such equipment and
vehicles, providedthat the seven-year sum of these portions in each
year, as expressedas a percentage for each year, does not exceed 80.
(2) Small volume allowances. A nonroad equipment or
vehiclemanufacturer or post-manufacture marinizer may exceed the
productionpercentages in paragraph (d)(1) of this section, provided that
in eachregulated power category the manufacturer's total of excepted
nonroadequipment and vehicles and marine diesel engines:
(i) Over the years in which the percent-of-production
allowanceapplies does not exceed 100 units times the number of years in
whichthe percent-of-production allowance applies; and
(ii) Does not exceed 200 units in any year; and
(iii) Does not use engines from more than one engine family, or,for
excepted equipment vehicles, and marine diesel engines usingengines not
belonging to any engine family, from more than one enginemanufacturer.
For purposes of this paragraph (d)(2)(iii), enginefamily refers to
engines that have common characteristics as describedin Sec. 89.116.
(3) Inclusion of previous-tier engines. Nonroad equipmentand
vehicles and marine diesel engines built with previous tier
ornoncertified engines under the existing inventory provisions ofSec.
89.1003(b)(4) need not be included in
[[Page 49]]
determiningcompliance with paragraphs (d)(1) and (d)(2) of this section.
(e) Recordkeeping and calculation to verify compliance. Thefollowing
shall apply to nonroad equipment or vehicle manufacturersand post-
manufacture marinizers who produce excepted equipment orvehicles or
marine diesel engines under the provisions of paragraph(d) of this
section:
(1) For each power category in which excepted nonroad equipment
orvehicles or marine diesel engines are produced, a calculation toverify
compliance with the requirements of paragraph (d) of thissection shall
be made by the nonroad equipment or vehicle manufactureror post-
manufacture marinizer. This calculation shall be made no laterthan
December 31 of the year following the last year in whichallowances are
used, and shall be based on actual productioninformation from the
subject years. If both the percent-of-productionand small volume
allowances have been exceeded, then the manufactureris in violation of
section 203 of the Act and Sec. 89.1003,except as provided under
paragraphs (f) and (h) of this section.
(2) A nonroad equipment or vehicle manufacturer or post-manufacture
marinizer shall keep records of all nonroad equipment andvehicles and
marine diesel engines excepted under the provisions ofparagraph (d) of
this section, for each power category in whichexceptions are taken.
These records shall include equipment and enginemodel numbers, serial
numbers, and dates of manufacture, and enginerated power. In addition,
the manufacturer shall keep recordssufficient to demonstrate the
verifications of compliance required inparagraph (e)(1) of this section.
All records shall be kept until atleast two full years after the final
year in which allowances areavailable for each power category, and shall
be made available to EPAupon request.
(f) Hardship relief. Nonroad equipment and vehiclemanufacturers and
post-manufacture marinizers may take any of theotherwise prohibited
actions identified in Sec. 89.1003(a)(1) if approved by the
Administrator, and subject to the followingrequirements:
(1) Application for relief must be submitted to the EnginePrograms
and Compliance Division of the EPA in writing prior to theearliest date
in which the applying manufacturer would be in violationof Sec.
89.1003. The manufacturer must submit evidenceshowing that the
requirements for approval have been met.
(2) The applying manufacturer must not be the manufacturer of
theengines used in the equipment for which relief is sought.
Thisrequirement does not apply to post-manufacture marinizers.
(3) The conditions causing the impending violation must not
besubstantially the fault of the applying manufacturer.
(4) The conditions causing the impending violation must be suchthat
the applying manufacturer will experience serious economichardship if
relief is not granted.
(5) The applying manufacturer must demonstrate that no
allowancesunder paragraph (d) of this section will be available to avoid
theimpending violation.
(6) Any relief granted must begin within one year after
theimplementation date of the standard applying to the engines being
usedin the equipment, or to the marine diesel engines, for which relief
isrequested, and may not exceed one year in duration.
(7) The Administrator may impose other conditions on the grantingof
relief including provisions to recover the lost environmentalbenefit.
(g) Allowance for the production of engines. Enginemanufacturers may
take any of the otherwise prohibited actionsidentified in Sec.
89.1003(a)(1) with regard to uncertifiedengines, Tier 1 engines, or Tier
2 engines, as appropriate, if theengine manufacturer has received
written assurance from the equipmentmanufacturer that the engine is
required to meet the demand forengines created under paragraph (d), (f),
or (h) of this section.
(h) Alternative Flexibility for Post-Manufacture Marinizers.Post-
manufacture marinizers may elect to delay the effective date ofthe Tier
1 standards in Sec. 89.112 for marine dieselengines rated under 37 kW
by one year, instead of using the provisionsof paragraphs (d)
[[Page 50]]
and (f) of this section. Post-manufacturemarinizers wishing to take
advantage of this provision must inform theDirector of the Engine
Programs and Compliance Division of theirintent to do so in writing
before the date that the standards wouldotherwise take effect.
(i) Additional exemptions for technical or engineeringhardship. You
may request additional engine allowances underparagraph (d)(1) of this
section for 56-560 kW power categoriesor, if you are a small equipment
manufacturer, under paragraph (d)(2)of this section for engines at or
above 37 and below 75 kW. However,you may use these extra allowances
only for those equipment models forwhich you, or an affiliated company,
do not also produce the engine.After considering the circumstances, we
may permit you to introduceinto U.S. commerce equipment with such
engines that do not comply withTier 3 emission standards, as follows:
(1) We may approve additional exemptions if extreme and
unusualcircumstances that are clearly outside your control and that
could nothave been avoided with reasonable discretion have resulted
intechnical or engineering problems that prevent you from meeting
therequirements of this part. You must show that you exercised
prudentplanning and have taken all reasonable steps to minimize the
scope ofyour request for additional allowances.
(2) To apply for exemptions under this paragraph (i), send
theDesignated Compliance Officer and the Designated Enforcement Officer
awritten request as soon as possible before you are in violation. Inyour
request, include the following information:
(i) Describe your process for designing equipment.
(ii) Describe how you normally work cooperatively or
concurrentlywith your engine supplier to design products.
(iii) Describe the engineering or technical problems causing youto
request the exemption and explain why you have not been able tosolve
them. Describe the extreme and unusual circumstances that led tothese
problems and explain how they were unavoidable.
(iv) Describe any information or products you received from
yourengine supplier related to equipment design--such as
writtenspecifications, performance data, or prototype engines--and
whenyou received it.
(v) Compare the design processes of the equipment model for whichyou
need additional exemptions and that for other models for which youdo not
need additional exemptions. Explain the technical differencesthat
justify your request.
(vi) Describe your efforts to find and use other compliantengines,
or otherwise explain why none is available.
(vii) Describe the steps you have taken to minimize the scope ofyour
request.
(viii) Include other relevant information. You must give us
otherrelevant information if we ask for it.
(ix) Estimate the increased percent of production you need foreach
equipment model covered by your request, as described inparagraph (i)(3)
of this section. Estimate the increased number ofallowances you need for
each equipment model covered by your request,as described in paragraph
(i)(4) of this section.
(3) We may approve your request to increase the allowances
underparagraph (d)(1) of this section, subject to the
followinglimitations:
(i) The additional allowances will not exceed 50 percent for
eachpower category.
(ii) You must use up the allowances under paragraph (d)(1) of
thissection before using any additional allowance under this
paragraph(i).
(iii) Any allowances we approve under this paragraph (i)(3) expire24
months after the provisions of this section start for a given
powercategory. You may use these allowances only for the specific
equipmentmodels covered by your request.
(4) We may approve your request to increase the allowances for
the37-75 kW power category under paragraph (d)(2) of this
section,subject to the following limitations:
(i) You are eligible for additional allowances under thisparagraph
(i)(4)
[[Page 51]]
only if you are a small equipment manufacturerand you do not use the
provisions of paragraph (i)(3) of this sectionto obtain additional
allowances for the 37-75 kW powercategory.
(ii) You must use up all the available allowances for the37-75 kW
power category under paragraph (d)(2) of this sectionin a given year
before using any additional allowances under thisparagraph (i)(4).
(iii) Base your request only on equipment you produce with enginesat
or above 37 kW and below 75 kW. You may use any additionalallowances
only for equipment you produce with engines at or above 37kW and below
75 kW.
(iv) Any allowances we approve under this paragraph (i)(4) expire24
months after the provisions of this section start for this
powercategory. These additional allowances are not subject to the
annuallimits specified in paragraph (d)(2) of this section. You may
usethese allowances only for the specific equipment models covered
byyour request.
(v) The total allowances under paragraph (d)(2) of this sectionfor
the 37-75 kW power category will not exceed 700 units. Thetotal
allowances under this paragraph (i)(4) follow the requirementsunder
paragraph (d)(2) of this section for the 37-75 kW powercategory and will
not exceed 200 units. Therefore, the total maximumallowances for the 37-
75 kW power category will not exceed 900units.
(5) For purposes of this paragraph (i), small equipmentmanufacturer
means an equipment manufacturer that had annual U.S.-directed production
volume of equipment using nonroad diesel enginesbetween 37 and 75 kW of
no more than 3,000 units in 2002 and allearlier calendar years, and has
750 or fewer employees (500 or feweremployees for nonroad equipment
manufacturers that produce noconstruction equipment or industrial
trucks). For manufacturers ownedby a parent company, the production
limit applies to the production ofthe parent company and all its
subsidiaries and the employee limitapplies to the total number of
employees of the parent company and allits subsidiaries.
(6) The following provisions for adjusted flexibilities for Tier
4engines apply to equipment manufacturers that are granted
additionalexemptions for technical or engineering hardship:
(i) If you use the additional allowance under this paragraph (i)you
shall forfeit percent of production flexibility plus technical
orengineering hardship exemptions available for Tier 4 engines in
theamounts shown in Table 1 of this section.
(ii) Table 1 of this section shows the percent of
productionflexibility and technical or engineering hardship exemptions
that youmust forfeit for Tier 4 engines. The amount of Tier 4
flexibilityforfeited by each equipment manufacturer depends on the
percent ofproduction flexibility used for Tier 2 engines and the
technical orengineering hardship exemptions granted for Tier 3 engines
in theproportions shown in Table 1. For example, if you used 45 percent
ofyour production flexibility for Tier 2 engines, you must forfeit
2percent of your production flexibility for Tier 4 engines for every
1percent of technical or engineering hardship flexibility granted
forTier 3 engines. In addition you must also forfeit 1 percent of
anytechnical or engineering hardship exemptions available for Tier
4engines for every 1 percent technical or engineering hardshipexemptions
available for Tier 3 engines. If you use the Tier 3technical or
engineering hardship allowances for 5 percent of yourequipment in each
of two different years, you have used a totalallowance of 10 percent.
Therefore you must forfeit a total of 20percent of production
flexibility for Tier 4 engines plus 10 percentof any technical or
engineering hardship exemptions available for Tier4 engines.
Table 1 ofSec. 89.102--Adjustments to Tier 4 Flexibilities
------------------------------------------------------------------------
Percent of
forfeitTier Percent of
Percent of use Tier 2 production flexibility 4 forfeit Tier
production 4 tech./
flexibility eng.exemption
------------------------------------------------------------------------
Greater than 0% and up to 20%............... 0 1
Greater than 20% and up to 40%.............. 1 1
Greater than 40% and up to 60%.............. 2 1
Greater than 60% and up to 80%.............. 3 1
------------------------------------------------------------------------
(iii) Because the Tier 3 and Tier 4 rules have different
powercategory
[[Page 52]]
ranges, the availability of technical relief will befurther adjusted
based on the sales volume by power category. Table 2of this section
shows the applicable power categories for Tier 3 andTier 4. The Tier 3
power categories of 37kW to 75kW and 75kW to 130kWcorrespond to the Tier
4 power category of 56kW to 130kW. For the Tier3 equipment in the 37 to
75kW category, you must only use the salesvolume for equipment that uses
engines with a rated power greater than56kW. For example, if you have a
Tier 3 piece of equipment that uses a40 kW engine, the sales of the
equipment are counted in the Tier 4power category of 19kW to 56kW. If
you have a Tier 3 piece ofequipment that uses a 60kW engine, the sales
of the equipment arecounted in the Tier 4 power category of 56kW to
130kW. The Tier 3power categories of 130kW to 225kW, 225kW to 450kW and
450kW to 560kWcorrespond to the Tier 4 power category of 130kW to 560kW.
You willneed to sum the sales of the Tier 3 power categories that
correspondto the Tier 4 power category during each calendar year in
which Tier 3technical relief is used. The sum of all the Tier 3 units
that areproduced and exempted by the technical relief divided by the sum
ofall the Tier 3 units sold in the corresponding Tier 4 power
categorywill determine the percentage of Tier 4 flexibility affected.
Forexample, if you produce 50 units using Tier 3 technical relief in
therange of 130kW to 225kW, and you produce 50 units using Tier
3technical relief in the range of 225 to 450kW, and no units areproduced
in the 450kW to 560kW range, and your overall sales volumefor the power
ranges of 130kW to 560kW in Tier 3 is 400 units, theamount of Tier 3
technical relief used is 100/400 or 25 percent.Because you forfeit 1
percent of your Tier 4 technical relief forevery 1 percent of Tier 3
technical relief used, then you will lose 25percent of your Tier 4
technical relief in the 130kW to 560kW powerrange category. If you used
45 percent of your production flexibilityfor Tier 2 engines, you must
forfeit 2 percent of productionflexibility for Tier 4 engines for every
1 percent of Tier 3 technicalrelief. Therefore, you will forfeit 50
percent of your Tier 4production allowance in the 130kW to 560kW power
range category.
Table 2 ofSec. 89.102--Corresponding Tier 3 and Tier 4 PowerCategories
------------------------------------------------------------------------
Tier 3 power categories Tier 4 power categories
------------------------------------------------------------------------
37<=kW<75\*\.............................. 19<=kW<56
37<=kW<75\**\, 75<=kW<130................. 56<=kW<130
130<=kW<225, 225<=kW<450,450<=kW<560...... 130<=kW<=560
------------------------------------------------------------------------
\*\ Applies only to use of engines rated between 37kW and56kW by small
volume equipment manufacturers.
\**\ Includes only equipment that uses engines with a ratedpower greater
than 56kw.
(iv) Manufacturers using allowances under this paragraph (i)
mustcomply with the notification and reporting requirements specified
inparagraph (i)(7) of this section.
(7) Notification and reporting. You must notify us of your intentto
use the technical relief provisions of this paragraph (i) and sendus an
annual report to verify that you are not exceeding theallowances, as
follows:
(i) Before the first year you intend to use the provisions of
thissection, send the Designated Compliance Officer and the
DesignatedEnforcement Officer a written notice of your intent,
including:
(A) Your company's name and address, and your parent company'sname
and address, if applicable.
(B) Whom to contact for more information.
(C) The calendar years in which you expect to use the
exemptionprovisions of this section.
(D) The name and address of the company that produces the enginesyou
will be using for the equipment exempted under this section.
(E) Your best estimate of the number of units in each powercategory
you will produce under this section and whether you intend tocomply
under paragraph (d)(1) or (d)(2) of this section.
(F) The number of units in each power category you have sold
inprevious calendar years under paragraph (d) of this section.
(ii) For each year that you use the provisions of this section,send
the Designated Compliance Officer and the Designated EnforcementOfficer
a written report by March 31 of the following
[[Page 53]]
year.Include in your report the total number of engines you sold in
thepreceding year for each power category, based on actual U.S.-
directedproduction information. Also identify the percentages of U.S.-
directedproduction that correspond to the number of units in each
powercategory and the cumulative numbers and percentages of units for
allthe units you have sold under this section for each power
category.You may omit the percentage figures if you include in the
report astatement that you will not be using the percent-of-
productionallowances in paragraph (d) of this section.
(8) Recordkeeping. Keep the following records of allequipment with
exempted engines you produce under this paragraph (i)for at least five
full years after the final year in which allowancesare available for
each power category:
(i) The model number, serial number, and the date of manufacturefor
each engine and piece of equipment.
(ii) The maximum power of each engine.
(iii) The total number or percentage of equipment with
exemptedengines, as described in paragraph (d) of this section and
alldocumentation supporting your calculation.
(iv) The notifications and reports we require under paragraph (i)(7)
of this section.
(9) Equipment Labeling. Any engine produced under thisparagraph (i)
must meet the labeling requirements of 40 CFR 89.110,but add the
following statement instead of the compliance statement in40 CFR 89.110
(b)(10): THIS ENGINE MEETS U.S. EPA EMISSION STANDARDSUNDER 40 CFR
89.102. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSEOTHER THAN FOR
THE EQUIPMENT FLEXIBILITY PROVISIONS OF 40 CFR 89.102MAY BE A VIOLATION
OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
(10) Enforcement. Producing more exempted engines orequipment than
we allow under this paragraph (i) or installing enginesthat do not meet
the applicable Tier 1 emission standards described inSec. 89.112
violates the prohibitions inSec. 89.1003(a)(1). You must give us the
records we requireunder this paragraph (i) if we ask for them (seeSec.
89.1003(a)(2)).
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
56997, Oct. 23, 1998; 70 FR 40444, July 13, 2005; 72 FR 53127,Sept. 18,
2007; 72 FR 72956, Dec. 26, 2007]
Sec. 89.103 Definitions.
The definitions in subpart A of part 89 apply to this subpart.
Allterms not defined herein or in subpart A have the meaning given
themin the Act.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.104 Useful life, recall, and warranty periods.
(a) The useful life is based on the rated power and rated speed
ofthe engine.
(1) For all engines rated under 19 kW, and for constant speedengines
rated under 37 kW with rated speeds greater than or equal to3,000 rpm,
the useful life is a period of 3,000 hours or five years ofuse,
whichever first occurs.
(2) For all other engines rated at or above 19 kW and under 37
kW,the useful life is a period of 5,000 hours or seven years of
use,whichever first occurs.
(3) For all engines rated at or above 37 kW, the useful life is
aperiod of 8,000 hours of operation or ten years of use, whicheverfirst
occurs.
(b) Engines are subject to recall testing for a period based onthe
rated power and rated speed of the engines. However, in a recall,engines
in the subject class or category would be subject to recallregardless of
actual years or hours of operation.
(1) For all engines rated under 19 kW, and for constant speedengines
rated under 37 kW with rated speeds greater than or equal to3,000 rpm,
the engines are subject to recall testing for a period of2,250 hours or
four years of use, whichever first occurs.
(2) For all other engines rated at or above 19 kW and under 37
kW,the engines are subject to recall for a period of 3,750 hours or
fiveyears of use, whichever first occurs.
(3) For all engines rated at or above 37 kW, the engines aresubject
to recall for a period of 6,000 hours of operation or sevenyears of use,
whichever first occurs.
[[Page 54]]
(c) The warranty periods for warranties imposed by the CleanAir Act
and Sec. 89.1007 for all engines rated under 19 kW,and for constant
speed engines rated under 37 kW with rated speedsgreater than or equal
to 3,000 rpm, are 1,500 hours of operation ortwo years of use, whichever
first occurs. For all other engines, thewarranty periods for warranties
imposed by the Clean Air Act andSec. 89.1007 are 3,000 hours of
operation or five years ofuse, whichever first occurs.
(d) Manufacturers may apply to the Administrator for approval fora
shorter useful life period for engines that are subject to severeservice
in seasonal equipment, or are designed specifically for loweruseful life
hours to match equipment life. Such an application must bemade prior to
certification.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
56998, Oct. 23, 1998]
Sec. 89.105 Certificate of conformity.
Every manufacturer of a new nonroad compression-ignition enginemust
obtain a certificate of conformity covering the engine family,
asdescribed in Sec. 89.116. The certificate of conformity mustbe
obtained from the Administrator prior to selling, offering forsale,
introducing into commerce, or importing into the United Statesthe new
nonroad compression-ignition engine for each model year.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.106 Prohibited controls.
(a) An engine may not be equipped with an emission control systemfor
the purpose of complying with emission standards if such systemwill
cause or contribute to an unreasonable risk to public health,welfare, or
safety in its operation or function.
(b) You may not design your engines with emission-control
devices,systems, or elements of design that cause or contribute to
anunreasonable risk to public health, welfare, or safety whileoperating.
For example, this would apply if the engine emits a noxiousor toxic
substance it would otherwise not emit that contributes tosuch an
unreasonable risk.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998;
67 FR 68339, Nov. 8, 2002]
Sec. 89.107 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 operationoutside normal
emission test conditions and reduces emission controleffectiveness.
(1) Defeat device includes any auxiliary emission control
device(AECD) that reduces the effectiveness of the emission control
systemunder conditions which may reasonably be expected to be
encountered innormal operation and use unless such conditions are
included in thetest procedure.
(2) Defeat device does not include such items which either
operateonly during engine starting or are necessary to protect the
engine (orequipment in which it is installed) against damage or accident
duringits operation.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.108 Adjustable parameters, requirements.
(a) Nonroad engines equipped with adjustable parameters mustcomply
with all requirements of this subpart for any adjustment in
thephysically adjustable range.
(b) An operating parameter is not considered adjustable if it
ispermanently sealed or otherwise not normally accessible using
ordinarytools.
(c) The Administrator may require that adjustable parameters beset
to any specification within its adjustable range forcertification,
selective enforcement audit, or in-use testing todetermine compliance
with the requirements of this subpart.
(d) For engines that use noncommercial fuels significantlydifferent
than the specified test fuel of the same type, themanufacturer may ask
to use the parameter-adjustment provisions of 40CFR 1039.615 instead of
those in this section. Engines certified underthis
[[Page 55]]
paragraph (d) must be in a separate engine family. See 40 CFR1039.801
for the definition of ``noncommercial fuels''.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998,
as amended at 72 FR 53129, Sept. 18, 2007]
Sec. 89.109 Maintenance instructions and minimum allowable maintenanceintervals.
(a) The manufacturer must furnish or cause to be furnished to
theultimate purchaser of each new nonroad engine subject to
standardsunder this part written instructions for the maintenance needed
toensure proper functioning of the emission control system.
Paragraphs(b) through (h) of this section do not apply to Tier 1 engines
withrated power at or above 37 kW.
(b) Maintenance performed on equipment, engines, subsystems
orcomponents used to determine exhaust emission deterioration factors
isclassified as either emission-related or nonemission-related and
eachof these can be classified as either scheduled or
unscheduled.Further, some emission-related maintenance is also
classified ascritical emission-related maintenance.
(c) This paragraph (c) specifies emission-related
scheduledmaintenance for purposes of obtaining durability data for
nonroadengines. The maintenance intervals specified below are
minimumintervals:
(1) All emission-related scheduled maintenance for purposes
ofobtaining durability data must occur at the same or longer hours ofuse
intervals as those specified in the manufacturer's
maintenanceinstructions furnished to the ultimate purchaser of the
engine underparagraph (a) of this section. This maintenance schedule may
beupdated as necessary throughout the testing of the engine,
providedthat no maintenance operation is deleted from the maintenance
scheduleafter the operation has been performed on the test equipment
orengine.
(2) Any emission-related maintenance which is performed onequipment,
engines, subsystems, or components must be technologicallynecessary to
ensure in-use compliance with the emission standards. Themanufacturer
must submit data which demonstrate to the Administratorthat all of the
emission-related scheduled maintenance which is to beperformed is
technologically necessary. Scheduled maintenance must beapproved by the
Administrator prior to being performed or beingincluded in the
maintenance instructions provided to the purchasersunder paragraph (a)
of this section.
(i) The Administrator may require longer maintenance intervalsthan
those listed in paragraphs (c)(3) and (c)(4) of this sectionwhere the
listed intervals are not technologically necessary.
(ii) The Administrator may allow manufacturers to specify
shortermaintenance intervals than those listed in paragraphs (c)(3) and
(c)(4) of this section where technologically necessary for engines
ratedunder 19 kW, or for constant speed engines rated under 37 kW
withrated speeds greater than or equal to 3,000 rpm.
(3) The adjustment, cleaning, repair, or replacement of itemslisted
in paragraphs (c)(3)(i) through (c)(3)(iii) of this sectionshall occur
at 1,500 hours of use and at 1,500-hour intervalsthereafter.
(i) Exhaust gas recirculation system-related filters and coolers.
(ii) Positive crankcase ventilation valve.
(iii) Fuel injector tips (cleaning only).
(4) The adjustment, cleaning and repair of items in paragraphs
(c)(4)(i) through (c)(4)(vii) of this section shall occur at 3,000
hoursof use and at 3,000-hour intervals thereafter for nonroad
compression-ignition engines rated under 130 kW, or at 4,500-hour
intervalsthereafter for nonroad compression-ignition engines rated at or
above130 kW.
(i) Fuel injectors.
(ii) Turbocharger.
(iii) Electronic engine control unit and its associated sensorsand
actuators.
(iv) Particulate trap or trap-oxidizer system (including
relatedcomponents).
(v) Exhaust gas recirculation system (including all relatedcontrol
valves and tubing) except as otherwise provided in paragraph(c)(3)(i) of
this section.
(vi) Catalytic convertor.
(vii) Any other add-on emission-related component (i.e., acomponent
[[Page 56]]
whose sole or primary purpose is to reduce emissions orwhose failure
will significantly degrade emission control and whosefunction is not
integral to the design and performance of the engine).
(d) Scheduled maintenance not related to emissions which
isreasonable and technologically necessary (e.g., oil change, oil
filterchange, fuel filter change, air filter change, cooling
systemmaintenance, adjustment of idle speed, governor, engine bolt
torque,valve lash, injector lash, timing, lubrication of the exhaust
manifoldheat control valve, etc.) may be performed on durability
vehicles atthe least frequent intervals recommended by the manufacturer
to theultimate purchaser, (e.g., not the intervals recommended for
severeservice).
(e) Adjustment of engine idle speed on emission data engines maybe
performed once before the low-hour emission test point. Any otherengine,
emission control system, or fuel system adjustment, repair,removal,
disassembly, cleaning, or replacement on emission datavehicles shall be
performed only with advance approval of theAdministrator.
(f) Equipment, instruments, or tools may not be used to
identifymalfunctioning, maladjusted, or defective engine components
unless thesame or equivalent equipment, instruments, or tools will be
availableto dealerships and other service outlets and:
(1) Are used in conjunction with scheduled maintenance on
suchcomponents; or
(2) Are used subsequent to the identification of a vehicle orengine
malfunction, as provided in paragraph (e) of this section foremission
data engines; or
(3) Specifically authorized by the Administrator.
(g) All test data, maintenance reports, and required
engineeringreports shall be compiled and provided to the Administrator
inaccordance with Sec. 89.124.
(h)(1) The components listed in paragraphs (h)(1)(i) through
(h)(1)(vi) of this section are defined as critical emission-
relatedcomponents.
(i) Catalytic converter.
(ii) Electronic engine control unit and its associated sensors
andactuators.
(iii) Exhaust gas recirculation system (including all
relatedfilters, coolers, control valves, and tubing).
(iv) Positive crankcase ventilation valve.
(v) Particulate trap or trap-oxidizer system.
(vi) Any other add-on emission-related component (i.e., acomponent
whose sole or primary purpose is to reduce emissions orwhose failure
will significantly degrade emission control and whosefunction is not
integral to the design and performance of the engine).
(2) All critical emission-related scheduled maintenance must havea
reasonable likelihood of being performed in use. The manufacturermust
show the reasonable likelihood of such maintenance beingperformed in-
use. Critical emission-related scheduled maintenanceitems which satisfy
one of the conditions defined in paragraphs (h)(2)(i) through (h)(2)(vi)
of this section will be accepted as having areasonable likelihood of
being performed in use.
(i) Data are presented which establish for the Administrator
aconnection between emissions and vehicle performance such that
asemissions increase due to lack of maintenance, vehicle performancewill
simultaneously deteriorate to a point unacceptable for typicaloperation.
(ii) Survey data are submitted which adequately demonstrate to
theAdministrator with an 80 percent confidence level that 80 percent
ofsuch engines already have this critical maintenance item performed in-
use at the recommended interval(s).
(iii) A clearly displayed visible signal system approved by
theAdministrator is installed to alert the equipment operator
thatmaintenance is due. A signal bearing the message
``maintenanceneeded'' or ``check engine,'' or a similar messageapproved
by the Administrator, shall be actuated at the appropriateusage point or
by component failure. This signal must be continuouswhile the engine is
in operation and not be easily eliminated withoutperformance of the
required maintenance.
[[Page 57]]
Resetting the signalshall be a required step in the maintenance
operation. The method forresetting the signal system shall be approved
by the Administrator.The system must not be designed to deactivate upon
the end of theuseful life of the engine or thereafter.
(iv) A manufacturer may desire to demonstrate through a surveythat a
critical maintenance item is likely to be performed without avisible
signal on a maintenance item for which there is no prior in-use
experience without the signal. To that end, the manufacturer mayin a
given model year market up to 200 randomly selected vehicles percritical
emission-related maintenance item without such visiblesignals, and
monitor the performance of the critical maintenance itemby the owners to
show compliance with paragraph (h)(2)(ii) of thissection. This option is
restricted to two consecutive model years andmay not be repeated until
any previous survey has been completed. Ifthe critical maintenance
involves more than one engine family, thesample will be sales weighted
to ensure that it is representative ofall the families in question.
(v) The manufacturer provides the maintenance free of charge,
andclearly informs the customer that the maintenance is free in
theinstructions provided under paragraph (a) of this section.
(vi) The manufacturer uses any other method which theAdministrator
approves as establishing a reasonable likelihood thatthe critical
maintenance will be performed in-use.
(3) Visible signal systems used under paragraph (h)(2)(iii) ofthis
section are considered an element of design of the emissioncontrol
system. Therefore, disabling, resetting, or otherwiserendering such
signals inoperative without also performing theindicated maintenance
procedure is a prohibited act.
[63 FR 56999, Oct. 23, 1998]
Sec. 89.110 Emission control information label.
(a) The manufacturer must affix at the time of manufacture
apermanent and legible label identifying each nonroad engine. The
labelmust meet the following requirements:
(1) Be attached in such a manner that it cannot be removed
withoutdestroying or defacing the label;
(2) Be durable and readable for the entire engine life;
(3) Be secured to an engine part necessary for normal
engineoperation 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
personafter the engine is installed in the equipment. A supplemental
labelmeeting all the requirements of this section may be attached to
alocation other than the engine, in cases where the required label
mustbe 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;though
the label may identify another company and use its trademarkinstead of
the manufacturer's if the provisions ofSec. 89.1009 are met.
(3) EPA standardized engine family designation;
(4) Engine displacement;
(5) Advertised power;
(6) Engine tuneup specifications and adjustments. These
shouldindicate the proper transmission position during tuneup,
andaccessories (for example, air conditioner), if any, that should be
inoperation;
(7) Fuel requirements;
(8) Date of manufacture (month and year). The manufacturer may,
inlieu of including the date of manufacture on the engine label,maintain
a record of the engine manufacture dates. The manufacturershall provide
the date of manufacture records to the Administratorupon request;
(9) Family emission limits (FELs) if applicable;
(10) The statement: ``This engine conforms to [model year]U.S. EPA
regulations large nonroad compression- ignitionengines;''
(11) Engines belonging to an engine family that has been certifiedas
a constant-speed engine using the test cycle specified in Table 2of
appendix B to subpart E of this part must contain the
[[Page 58]]
statementon the label: ``constant-speed only''; and
(12) Engines meeting the voluntary standards described inSec.
89.112(f)(1) to be designated as Blue Sky Seriesengines must contain the
statement on the label: ``Blue SkySeries''.
(c) Other information concerning proper maintenance and use
orindicating compliance or noncompliance with other standards may
beindicated on the label.
(d) Each engine must have a legible unique engine
identificationnumber permanently affixed to or engraved on the engine.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57000, Oct. 23, 1998; 70 FR 40444, July 13, 2005]
Sec. 89.111 Averaging, banking, and trading of exhaust emissions.
Regulations regarding the availability of an averaging, banking,and
trading program along with applicable record- keeping requirementsare
found in subpart C of this part. Participation in the averaging,banking,
and trading program is optional.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.112 Oxides of nitrogen, carbon monoxide, hydrocarbon, and particulatematter exhaust emission standards.
(a) Exhaust emission from nonroad engines to which this subpart
isapplicable shall not exceed the applicable exhaust emission
standardscontained in Table 1, as follows:
[[Page 59]]
[GRAPHIC] [TIFF OMITTED] TR23OC98.001
(b) Exhaust emissions of oxides of nitrogen, carbon
monoxide,hydrocarbon, and nonmethane hydrocarbon are measured using
theprocedures set forth in subpart E of this part.
[[Page 60]]
(c) Exhaust emission of particulate matter is measured usingthe
California Regulations for New 1996 and Later Heavy-Duty Off-RoadDiesel
Cycle Engines. This procedure is incorporated by reference. SeeSec.
89.6.
(d) In lieu of the NOX standards, NMHC +NOX
standards, and PM standards specified in paragraph (a)of this section,
manufacturers may elect to include engine families inthe averaging,
banking, and trading program, the provisions of whichare specified in
subpart C of this part. The manufacturer must set afamily emission limit
(FEL) not to exceed the levels contained inTable 2. The FEL established
by the manufacturer serves as thestandard for that engine family. Table
2 follows:
[[Page 61]]
[GRAPHIC] [TIFF OMITTED] TR23OC98.002
(e) Naturally aspirated nonroad engines to which this subpart
isapplicable shall not discharge crankcase emissions into the
ambientatmosphere, unless such crankcase emissions are permanently
routedinto the exhaust and included in all exhaust emission
measurements.This provision applies to all
[[Page 62]]
Tier 2 engines and later models.This provision does not apply to engines
using turbochargers, pumps,blowers, or superchargers for air induction.
(f) The following paragraphs define the requirements for low-
emitting Blue Sky Series engines:
(1) Voluntary standards. Engines may be designated``Blue Sky
Series'' engines by meeting the voluntarystandards listed in Table 3,
which apply to all certification and in-use testing, as follows:
Table 3--Voluntary Emission Standards(g/kW-hr)
------------------------------------------------------------------------
Rated Brake Power (kW) NMHC+NOX PM
------------------------------------------------------------------------
kW<8.............................................. 4.6 0.48
8<=kW<19.......................................... 4.5 0.48
19<=kW<37......................................... 4.5 0.36
37<=kW<75......................................... 4.7 0.24
75<=kW<130........................................ 4.0 0.18
130<=kW<=560...................................... 4.0 0.12
kW560.................................. 3.8 0.12
------------------------------------------------------------------------
(2) Additional standards. Blue Sky Series engines aresubject to all
provisions that would otherwise apply under this part,except as
specified in paragraph (f)(3) of this section.
(3) Test procedures. NOX, NMHC, and PM emissionsare
measured using the procedures set forth in 40 CFR part 1065, inlieu of
the procedures set forth in subpart E of this part. COemissions may be
measured using the procedures set forth either in 40CFR part 1065 or in
subpart E of this part. Manufacturers may use analternate procedure to
demonstrate the desired level of emissioncontrol if approved in advance
by the Administrator. Engines meetingthe requirements to qualify as Blue
Sky Series engines must be capableof maintaining a comparable level of
emission control when testedusing the procedures set forth in paragraph
(c) of this section andsubpart E of this part. The numerical emission
levels measured usingthe procedures from subpart E of this part may be
up to 20 percenthigher than those measured using the procedures from 40
CFR part 1065and still be considered comparable.
(g) Manufacturers of engines at or above 37 kW and below 56 kWfrom
model years 2008 through 2012 that are subject to the standardsof this
section under 40 CFR 1039.102 must take the followingadditional steps:
(1) State the applicable PM standard on the emission
controlinformation label.
(2) Add information to the emission-related installationinstructions
to clarify the equipment manufacturer's obligations under40 CFR
1039.104(f).
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57000, Oct. 23, 1998; 69 FR 39212, June 29, 2004; 70 FR 40444,July 13,
2005]
Sec. 89.113 Smoke emission standard.
(a) Exhaust opacity from compression-ignition nonroad engines
forwhich this subpart is applicable must not exceed:
(1) 20 percent during the acceleration mode;
(2) 15 percent during the lugging mode; and
(3) 50 percent during the peaks in either the acceleration orlugging
modes.
(b) Opacity levels are to be measured and calculated as set forthin
40 CFR part 86, subpart I. Notwithstanding the provisions of 40 CFRpart
86, subpart I, two-cylinder nonroad engines may be tested usingan
exhaust muffler that is representative of exhaust mufflers usedwith the
engines in use.
(c) The following engines are exempt from the requirements of
thissection:
(1) Single-cylinder engines;
(2) Propulsion marine diesel engines; and
(3) Constant-speed engines.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57003, Oct. 23, 1998]
Sec. 89.114 Special and alternate test procedures.
(a) Special test procedures. The Administrator may, on thebasis of
written application by a manufacturer, establish special testprocedures
other than those set forth in this part, for any nonroadengine that the
Administrator determines is not susceptible tosatisfactory testing under
the specified test procedures set forth insubpart E of this part or 40
CFR part 86, subpart I.
(b) Alternate test procedures. (1) A manufacturer may electto use an
alternate test procedure provided that it yields equivalentresults to
the specified procedures, its use is approved in
[[Page 63]]
advance by the Administrator, and the basis for equivalent resultswith
the specified test procedures is fully described in themanufacturer's
application.
(2) The Administrator may reject data generated under alternatetest
procedures which do not correlate with data generated under thespecified
procedures.
(3) A manufacturer may elect to use the test procedures in 40
CFRpart 1065 as an alternate test procedure without advance approval
bythe Administrator. The manufacturer must identify in its
applicationfor certification that the engines were tested using the
procedures in40 CFR part 1065. For any EPA testing with Tier 2 or Tier 3
engines,EPA will use the manufacturer's selected procedures for
mappingengines, generating duty cycles, and applying cycle-
validationcriteria. For any other parameters, EPA may conduct testing
usingeither of the specified procedures.
(4) Where we specify mandatory compliance with the procedures of40
CFR part 1065, such as in Sec. 89.419, manufacturers mayelect to use
the procedures specified in 40 CFR part 86, subpart N, asan alternate
test procedure without advance approval by theAdministrator.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57003, Oct. 23, 1998; 69 FR 39212, June 29, 2004; 70 FR 40445,July 13,
2005]
Sec. 89.115 Application for certificate.
(a) For each engine family that complies with all
applicablestandards and requirements, the engine manufacturer must
submit to theAdministrator a completed application for a certificate of
conformity.
(b) The application must be approved and signed by the
authorizedrepresentative of the manufacturer.
(c) The application will be updated and corrected by amendment
asprovided for in Sec. 89.123 to accurately reflect themanufacturer's
production.
(d) Required content. Each application must include thefollowing
information:
(1) A description of the basic engine design including, but
notlimited to, the engine family specifications, the provisions of
whichare contained in Sec. 89.116;
(2) An explanation of how the emission control system
operates,including a detailed description of all emission control
systemcomponents, each auxiliary emission control device (AECD), and
allfuel system components to be installed on any production or
testengine(s);
(3) Proposed test fleet selection and the rationale for the
testfleet selection;
(4) Special or alternate test procedures, if applicable;
(5) The period of operation necessary to accumulate service hourson
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 associatedproduction
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 toestablish
each physically adjustable range; and
(v) Information relating to why the physical limits or stops usedto
establish the physically adjustable range of each parameter, or anyother
means used to inhibit adjustment, are effective in preventingadjustment
of parameters to settings outside the manufacturer'sintended physically
adjustable ranges on in-use engines;
(7) For families participating in the averaging, banking, andtrading
program, the information specified in subpart C of this part;
(8) A description of the test equipment and fuel proposed to beused;
(9) All test data obtained by the manufacturer on each testengine;
(10) An unconditional statement certifying that all engines in
theengine family comply with all requirements of this part and the
CleanAir Act.
(11) A statement indicating whether the engine family containsonly
nonroad engines, only stationary engines, or both.
[[Page 64]]
(e) At the Administrator's request, the manufacturer mustsupply such
additional information as may be required to evaluate theapplication
including, but not limited to, projected nonroad engineproduction.
(f)(1) The Administrator may modify the information
submissionrequirements of paragraph (d) of this section, provided that
all ofthe information specified therein is maintained by the
enginemanufacturer as required by Sec. 89.124, and amended,updated, or
corrected as necessary.
(2) For the purposes of this paragraph, Sec. 89.124(a)(1) includes
all information specified in paragraph (d) of thissection whether or not
such information is actually submitted to theAdministrator for any
particular model year.
(3) The Administrator may review an engine manufacturer's recordsat
any time. At the Administrator's discretion, this review may takeplace
either at the manufacturer's facility or at another facilitydesignated
by the Administrator.
(g) The manufacturer must name an agent for service located in
theUnited States. Service on this agent constitutes service on
themanufacturer or any of its officers or employees for any action by
EPAor otherwise by the United States related to the requirements of
thispart.
[59 FR 31335, June 17, 1994, as amended at 61 FR 20741, May 8,1996.
Redesignated at 63 FR 56995, Oct. 23, 1998, as amended at 71 FR39184,
July 11, 2006; 72 FR 53129, Sept. 18, 2007]
Sec. 89.116 Engine families.
(a) A manufacturer's product line is divided into engine
familiesthat are comprised of engines expected to have similar
emissioncharacteristics 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,
catalyticconverter or particulate trap);
(5) Combustion chamber design;
(6) Bore;
(7) Stroke;
(8) Number of cylinders, (engines with aftertreatment devicesonly);
and
(9) Cylinder arrangement (engines with aftertreatment devicesonly).
(c) Upon a showing by the manufacturer that the useful life
periodemission characteristics are expected to be similar, engines
differingin one or more of the characteristics in paragraph (b) of this
sectionmay be grouped in the same engine family.
(d) Upon a showing by the manufacturer that the expected usefullife
period emission characteristics will be different, enginesidentical in
all the characteristics of paragraph (b) of this sectionmay be divided
into separate engine families.
(e)(1) This paragraph (e) applies only to the placement of Tier
1engines with power ratings under 37 kW into engine families.
Theprovisions of paragraphs (a) through (d) of this section also apply
tothese engines. The power categories referred to in this paragraph
(e)are those for which separate standards or implementation dates
aredescribed in Sec. 89.112.
(2) A manufacturer may place engines with power ratings in onepower
category into an engine family comprised of engines with powerratings in
another power category, and consider all engines in theengine family as
being in the latter power category for the purpose ofdetermining
compliance with the standards and other requirements ofthis part,
subject to approval in advance by the Administrator and thefollowing
restrictions:
(i) The engines that have power ratings outside the enginefamily's
power category must constitute less than half of the enginefamily's
sales in each model year for which the engine family groupingis made;
and
(ii) The engines that have power ratings outside the enginefamily's
power category must have power ratings that are within tenpercent of
either of the two power levels that define the enginefamily's power
category.
(3) The restrictions described in paragraphs (e)(2)(i) and
(e)(2)(ii) of this section do not apply if the emissions standards and
otherrequirements of this part are at least as stringent for the
enginefamily's power category as those of the other power categories
[[Page 65]]
containing engines in the engine family.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57003, Oct. 23, 1998]
Sec. 89.117 Test fleet selection.
(a) The manufacturer must select for testing, from each
enginefamily, the engine with the most fuel injected per stroke of
aninjector, primarily at the speed of maximum torque and secondarily
atrated speed.
(b) Each engine in the test fleet must be constructed to
berepresentative of production engines.
(c) After review of the manufacturer's test fleet, theAdministrator
may select from the available fleet one additional testengine from each
engine family.
(d) For establishing deterioration factors, the manufacturer
shallselect the engines, subsystems, or components to be used to
determineexhaust emission deterioration factors for each engine-family
controlsystem combination. Engines, subsystems, or components shall
beselected so that their emission deterioration characteristics
areexpected to represent those of in-use engines, based on
goodengineering judgment.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57003, Oct. 23, 1998]
Sec. 89.118 Deterioration factors and service accumulation.
This section applies to service accumulation used to
determinedeterioration factors and service accumulation used to
condition testengines. Paragraphs (a) and (b) of this section apply only
for serviceaccumulation used to condition test engines. Paragraph (e) of
thissection applies only for service accumulation used to
determinedeterioration factors. Paragraphs (c) and (d) of this section
applyfor all service accumulation required by this part.
(a)(1) Each test engine in the test fleet must be operated withall
emission control systems operating properly for a periodsufficient to
stabilize emissions.
(2) A manufacturer may elect to consider as stabilized
emissionlevels from engines with no more than 125 hours of service.
(b) No maintenance, other than recommended lubrication and
filterchanges, may be performed during service accumulation without
theAdministrator's approval.
(c) Service accumulation should be performed in a manner usinggood
engineering judgment to ensure that emissions are representativeof in-
use engines.
(d) The manufacturer must maintain, and provide to theAdministrator
if requested, records stating the rationale forselecting the service
accumulation period and records describing themethod used to accumulate
service hours on the test engine(s).
(e) This paragraph (e) describes service accumulation andalternative
requirements for the purpose of developing deteriorationfactor.
(1) Service accumulation on engines, subsystems, or
componentsselected by the manufacturer under Sec. 89.117(d).
Themanufacturer shall describe the form and extent of this
serviceaccumulation in the application for certification.
(2) Determination of exhaust emission deterioration factors.The
manufacturer shall determine the deterioration factors inaccordance with
the applicable provisions of this part based onservice accumulation and
related testing, according to themanufacturer's procedures, except as
provided in paragraph (e)(3) ofthis section.
(3) Alternatives to service accumulation and testing for
thedetermination of a deterioration factor. A written explanation ofthe
appropriateness of using an alternative must be included in
theapplication for certification.
(i) Carryover and carryacross of durability emission data.In lieu of
testing an emission data or durability data engine selectedunder Sec.
89.117(d), a manufacturer may, with Administratorapproval, use exhaust
emission deterioration data on a similar enginefor which certification
to the same standard has previously beenobtained or for which all
applicable data required underSec. 89.124 has previously been
submitted. This data must besubmitted in the application for
certification.
(ii) Use of on-highway deterioration data. In the case wherea
manufacturer produces a certified on-highway engine that is similarto
the nonroad engine
[[Page 66]]
to be certified, deterioration data from theon-highway engine may be
applied to the nonroad engine. Thisapplication of deterioration data
from an on-highway engine to anonroad engine is subject to Administrator
approval, and thedetermination of whether the engines are similar must
be based on goodengineering judgment.
(iii) Engineering analysis for established technologies. (A)In the
case where an engine family uses established technology, ananalysis
based on good engineering practices may be used in lieu oftesting to
determine a deterioration factor for that engine family,subject to
Administrator approval.
(B) Engines for which the certification levels are not at or
belowthe Tier 3 NMHC+NOX standards described inSec. 89.112
are considered established technology, except asprovided in paragraph
(e)(3)(iii)(D) of this section.
(C) Manufacturers may petition the Administrator to consider
anengine with a certification level below the Tier 3
+NOXstandards as established technology. This petition must
be based onproof that the technology used is not significantly different
thanthat used on engines that have certification levels that are not
belowthe Tier 3 NMHC+NOX levels.
(D) Engines using exhaust gas recirculation or aftertreatment
areexcluded from the provision set forth in paragraphs
(e)(3)(iii)(A)through (e)(3)(iii)(C) of this section.
(E) The manufacturer shall provide a written statement to
theAdministrator that all data, analyses, test procedures,
evaluations,and other documents, on which the deterioration factor is
based, areavailable to the Administrator upon request.
(iv) Interim provision for engines rated under 37 kW. Formodel year
1999 and 2000 engines rated under 37 kW, manufacturers maydetermine
deterioration factors based on good engineering judgementand reasonably
available information. The manufacturer must maintainand provide to the
Administrator, if requested, all information usedto determine
deterioration factors for these engines.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57003, Oct. 23, 1998]
Sec. 89.119 Emission tests.
(a) Manufacturer testing. (1) Upon completion of
serviceaccumulation, the manufacturer must test each test engine using
thespecified test procedures, except as provided inSec. 89.114. 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-
DutyOff-Road Diesel Cycle Engines. This procedure has been incorporated
byreference. See Sec. 89.6; and
(iii) Part 86, subpart I of this chapter.
(2) Each test engine must be configured to be representative
ofactual in-use operation. The Administrator may specify the
adjustmentof any adjustable parameter. All test results must be reported
to theAdministrator.
(b) Confirmatory testing. The Administrator may conductconfirmatory
testing or other testing on any test engine. Themanufacturer must
deliver test engines as directed by theAdministrator. When the
Administrator conducts confirmatory testing orother testing, those test
results are used to determine compliancewith emission standards.
(c) Use of carryover test data. In lieu of testing tocertify an
engine family for a given model year, the manufacturer maysubmit, with
the Administrator's approval, emission test data used tocertify that
engine family in previous years. This``carryover'' data is only
allowable if the submitted testdata show that the test engine would
comply with the emissionstandard(s) for the model year for which
certification is beingsought.
(d) The provisions of this paragraph (d) apply only to Tier 1nonroad
engines without exhaust aftertreatment rated at or above 37kW.
(1) Particulate emission measurements from Tier 1 nonroad
engineswithout exhaust aftertreatment rated at or above 37 kW may be
adjustedto a sulfur content of 0.05 weight percent.
(2) Adjustments to the particulate measurement shall be made
usingthe following equation:
PMadj=PM-[BSFC x 0.0917 x(FSF-0.0005)]
Where:
[[Page 67]]
PMadj=adjusted measured PM level [g/Kw-hr].
PM=measured weighted PM level [g/Kw-hr].
BSFC=measured brake specific fuel consumption [G/Kw-hr].
FSF=fuel sulfur weight fraction.
(3) Where a manufacturer certifies using test fuel with a
sulfurcontent less than or equal to 0.050 weight percent, EPA shall not
useemission data collected using test fuel with a sulfur content
greaterthan 0.050 weight percent to determine compliance with the Tier 1
PMstandards.
(4) Where a manufacturer certifies using test fuel with a
sulfurcontent greater than 0.050 weight percent, EPA shall not use
emissiondata collected using test fuel with a sulfur content greater
than0.050 weight percent to determine compliance with the Tier 1
PMstandards, unless EPA adjusts the PM measurement using the
equationspecified in paragraph (d)(2) of this section.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57004, Oct. 23, 1998]
Sec. 89.120 Compliance with emission standards.
(a) If all test engines representing an engine family haveemissions
less than or equal to each emission standard, that familycomplies with
the emission standards.
(b) If any test engine representing an engine family has
emissionsgreater than each emission standard, that family will be deemed
not incompliance with the emission standard(s).
(c) For each nonroad engine family, except Tier 1 engine
familieswith rated power at or above 37 kW that do not employ
aftertreatment,a deterioration factor must be determined and applied.
(1) The applicable exhaust emission standards (or family
emissionlimits, as appropriate) for nonroad compression-ignition engines
applyto the emissions of engines for their useful life.
(2) [Reserved]
(3)(i) This paragraph (c)(3) describes the procedure fordetermining
compliance of an engine with emission standards (or familyemission
limits, as appropriate), based on deterioration factorssupplied by the
manufacturer. The NMHC + NOX deteriorationfactors shall be
established based on the sum of the pollutants,except as provided in
paragraph (c)(3)(iv) of this section. Whenestablishing deterioration
factors for NMHC + NOX. anegative deterioration (emissions
decrease from the official emissionstest result) for one pollutant may
not offset deterioration of theother pollutant.
(ii) Separate emission deterioration factors, determined by
themanufacturer according to the requirements of Sec. 89.118,shall be
provided in the certification application for each engine-system
combination. Separate deterioration factors shall beestablished for each
regulated pollutant, except that a combined NMHC+ NOX
deterioration factor shall be established forcompression-ignition
nonroad engines not utilizing aftertreatmenttechnology. For smoke
testing, separate deterioration factors shallalso be established for the
acceleration mode (designated as``A''), the lugging mode (designated
as``B''), and peak opacity (designated as``C'').
(iii) Compression-ignition nonroad engines not
utilizingaftertreatment technology (e.g., particulate traps). For CO,
NMHC +NOX. and particulate, the official exhaust
emissionresults for each emission data engine at the selected test point
shallbe adjusted by addition of the appropriate deterioration
factor.However, if the deterioration factor supplied by the manufacturer
isless than zero, it shall be zero for the purposes of this
paragraph(c)(3)(iii).
(iv) Compression-ignition nonroad engines utilizingaftertreatment
technology (e.g., particulate traps). For CO, NMHC +NOX. and
particulate, the official exhaust emissionresults for each emission data
engine at the selected test point shallbe adjusted by multiplication by
the appropriate deterioration factor.Separate NMHC and NOX
deterioration factors shall beapplied to the results for these
pollutants prior to combining theresults. If the deterioration factor
supplied by the manufacturer isless than one, it shall be one for the
purposes of this paragraph (c)(3)(iv).
(v) For acceleration smoke (``A''), lugging smoke(``B''), and peak
opacity (``C''), theofficial exhaust emission results for each emission
data engine at
[[Page 68]]
the selected test point shall be adjusted by the addition of
theappropriate deterioration factor. However if the
deteriorationsupplied by the manufacturer is less than zero, it shall be
zero forthe purposes of this paragraph (c)(3)(v).
(vi) The emission values to compare with the standards (or
familyemission limits, as appropriate) shall be the adjusted emission
valuesof paragraphs (c)(3)(iii) through (v) of this section, rounded to
thesame number of significant figures as contained in the
applicablestandard in accordance with ASTM E29-93a, for each
emissiondata engine. This procedure has been incorporated by reference
atSec. 89.6.
(4) Every test engine of an engine family must comply with
allapplicable standards (or family emission limits, as appropriate),
asdetermined in paragraph (c)(3)(vi) of this section, before any
enginein that family will be certified.
(d) For engine families included in the averaging, banking,
andtrading program, the families' emission limits (FELs) are used in
lieuof the applicable federal emission standard.
(e) For the purposes of setting an NMHC +
NOXcertification level or FEL, one of the following options
shall be usedfor the determination of NMHC for an engine family. The
manufacturermust declare which option is used in its application for
certificationof that engine family.
(1) The manufacturer may assume that up to two percent of
themeasured THC is methane (NMHC = 0.98 x THC).
(2) The manufacturer may measure NMHC emissions using a
methodapproved by the Administrator prior to the start of testing.
Thisoption allows the determination of NMHC emissions by
subtractingmeasured methane emissions from measured THC emissions.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57004, Oct. 23, 1998]
Sec. 89.121 Certificate of conformity effective dates.
The certificate of conformity is valid from the date of issuanceby
EPA until 31 December of the model year or calendar year for whichit is
issued.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.122 Certification.
(a) If, after a review of the manufacturer's application, requestfor
certificate, information obtained from any inspection, and suchother
information as the Administrator may require, the
Administratordetermines that the application is complete and that the
engine familymeets the requirements of this part and the Clean Air Act,
theAdministrator 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 therequirements of
this part and the Clean Air Act have not been met, theAdministrator will
deny certification. The Administrator must give awritten explanation
when certification is denied. The manufacturer mayrequest a hearing on a
denial.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.123 Amending the application and certificate of conformity.
(a) The manufacturer of nonroad compression-ignition engines
mustnotify the Administrator when changes to information required to
bedescribed in the application for certification are to be made to
aproduct line covered by a certificate of conformity. This
notificationmust include a request to amend the application or the
existingcertificate of conformity. Except as provided in paragraph (e)
of thissection, the manufacturer shall not make said changes or produce
saidengines prior to receiving approval from EPA.
(b) A manufacturer's request to amend the application or theexisting
certificate of conformity shall include the followinginformation:
(1) A full description of the change to be made in production orof
the engine to be added;
(2) Engineering evaluations or data showing that engines asmodified
or added will comply with all applicable emission standards;and
[[Page 69]]
(3) A determination whether the manufacturer's original testfleet
selection is still appropriate, and if the original test fleetselection
is determined not to be appropriate, proposed test fleetselection(s)
representing the engines changed or added which wouldhave been required
if the engines had been included in the originalapplication for
certification.
(c) The Administrator may require the manufacturer to performtests
on the engine representing the engine to be added or changed.
(d) Decision by Administrator. (1) Based on the descriptionof the
proposed amendment and data derived from such testing as
theAdministrator may require or conduct, the Administrator will
determinewhether the proposed change or addition would still be covered
by thecertificate of conformity then in effect.
(2) If the Administrator determines that the change or newengine(s)
meets the requirements of this subpart and the Act, theappropriate
certificate of conformity is amended.
(3) If the Administrator determines that the changed or newengine(s)
does not meet the requirements of this subpart and the Act,the
certificate of conformity will not be amended. The Administratorshall
provide a written explanation to the manufacturer of thedecision not to
amend the certificate. The manufacturer may request ahearing on a
denial.
(e) A manufacturer may make changes in or additions to
productionengines concurrently with notifying the Administrator as
required byparagraph (a) of this section, if the manufacturer complies
with thefollowing requirements:
(1) In addition to the information required in paragraph (b) ofthis
section, the manufacturer must supply supporting documentation,test
data, and engineering evaluations as appropriate to demonstratethat all
affected engines will still meet applicable emissionstandards.
(2) If, after a review, the Administrator determines
additionaltesting is required, the manufacturer must provide required
test datawithin 30 days or cease production of the affected engines.
(3) If the Administrator determines that the affected engines donot
meet applicable requirements, the Administrator will notify
themanufacturer to cease production of the affected engines and to
recalland correct at no expense to the owner all affected engines
previouslyproduced.
(4) Election to produce engines under this paragraph will bedeemed
to be a consent to recall all engines which the Administratordetermines
do not meet applicable standards and to cause suchnonconformity to be
remedied at no expense to the owner.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.124 Record retention, maintenance, and submission.
(a) The manufacturer of any nonroad compression-ignition enginemust
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
certificationincluding the following:
(i) A description of the test engine's construction, including
ageneral description of the origin and buildup of the engine, stepstaken
to ensure that it is representative of production engines,description of
components specially built for the test engine, and theorigin 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) andreason(s) for such maintenance;
(iv) A description of all emission tests performed (except
testsperformed by the EPA directly) including routine and standard
testdocumentation, as specified in subpart E of this part, date(s) and
thepurpose of each test;
(v) A description of all tests performed to diagnose engine
oremission control performance, giving the date and time of each and
thereason(s) for the test; and
[[Page 70]]
(vi) A description of any significant event(s) affecting theengine
during the period covered by the history of the test engine butnot
described by an entry under one of the previous paragraphs of
thissection.
(3) Information required to be kept by the manufacturer inSec.
89.118(e)(3) for alternatives to service accumulationand testing for the
determination of a deterioration factor.
(b) Routine emission test data, such as those reporting test
celltemperature and relative humidity at start and finish of test and
rawemission results from each mode or test phase, must be retained for
aperiod of one year after issuance of all certificates of conformity
towhich they relate. All other information specified in paragraph (a)
ofthis section must be retained for a period of eight years
afterissuance of all certificates of conformity to which they relate.
(c) Records may be kept in any format and on any media, providedthat
at the Administrator's request, organized, written records inEnglish are
promptly supplied by the manufacturer.
(d) The manufacturer must supply, at the Administrator's
request,copies of any engine maintenance instructions or explanations
issuedby the manufacturer.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57005, Oct. 23, 1998]
Sec. 89.125 Production engines, annual report.
(a) Upon the Administrator's request, the manufacturer must supplya
reasonable number of production engines for testing and evaluation.These
engines must be representative of typical production and must besupplied
for testing at such time and place and for such reasonableperiods as the
Administrator may require.
(b) The manufacturer must annually, within 30 days after the endof
the model year, notify the Administrator of the number of
enginesproduced by engine family, by gross power, by displacement, by
fuelsystem, and, for engines produced under the provision ofSec.
89.102(g), by engine model and purchaser (or shippingdestination for
engines used by the engine manufacturer), or by othercategories as the
Administrator may require.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57005, Oct. 23, 1998]
Sec. 89.126 Denial, revocation of certificate of conformity.
(a) If, after review of the manufacturer's application, requestfor
certification, information obtained from any inspection, and anyother
information the Administrator may require, the Administratordetermines
that one or more test engines do not meet applicablestandards (or family
emission limits, as appropriate), then theAdministrator will notify the
manufacturer in writing, setting forththe basis for this determination.
(b) Notwithstanding the fact that engines described in
theapplication may comply with all other requirements of this
subpart,the Administrator may deny the issuance of, suspend, or revoke
apreviously issued certificate of conformity if the Administrator
findsany 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
EPAauthorized representative the opportunity to conduct
authorizedinspections;
(3) The manufacturer fails to supply requested information oramend
its application to include all engines being produced;
(4) The manufacturer renders inaccurate any test data which
itsubmits or otherwise circumvents the intent of the Act or this part;
(5) The manufacturer denies an EPA enforcement officer or
EPAauthorized representative reasonable assistance (as defined inSec.
89.129(e)).
(c) If a manufacturer knowingly commits an infraction specified
inparagraph (b)(1) or (b)(4) of this section, knowingly commits anyother
fraudulent act which results in the issuance of a certificate
ofconformity, or fails to comply with the conditions specified inSec.
89.203(d), Sec. 89.206(c),Sec. 89.209(c) or Sec. 89.210(g),
theAdministrator may deem such certificate void ab initio.
(d) When the Administrator denies, suspends, revokes, or voids
abinitio a
[[Page 71]]
certificate of conformity the manufacturer will beprovided a written
determination. The manufacturer may request ahearing under Sec. 89.127
on the Administrator's decision.
(e) Any suspension or revocation of a certificate of conformityshall
extend no further than to forbid the introduction into commerceof
engines previously covered by the certification which are still inthe
hands of the manufacturer, except in cases of such fraud or
othermisconduct that makes the certification invalid ab initio.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57005, Oct. 23, 1998]
Sec. 89.127 Request for hearing.
(a) A manufacturer may request a hearing on the
Administrator'sdenial, suspension, voiding ab initio or revocation of a
certificateof conformity.
(b) The manufacturer's request must be filed within 30 days of
theAdministrator's decision, be in writing, and set forth
themanufacturer's objections to the Administrator's decision and data
tosupport the objections.
(c) If, after review of the request and supporting data,
theAdministrator finds that the request raises a substantial and
factualissue, the Administrator will grant the manufacturer's request
for ahearing.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.128 Hearing procedures.
(a)(1) After granting a request for a hearing the Administratorshall
designate a Presiding Officer for the hearing.
(2) The hearing will be held as soon as practicable at a time
andplace determined by the Administrator or by the Presiding Officer.
(3) The Administrator may, at his or her discretion, direct thatall
argument and presentation of evidence be concluded within aspecified
period established by the Administrator. Said period may beno less than
30 days from the date that the first written offer of ahearing is made
to the manufacturer. To expedite proceedings, theAdministrator may
direct that the decision of the Presiding Officer(who may, but need not,
be the Administrator) shall be the final EPAdecision.
(b)(1) Upon appointment pursuant to paragraph (a) of this
section,the Presiding Officer will establish a hearing file. The file
shallconsist of the following:
(i) The determination issued by the Administrator underSec.
89.126(d);
(ii) The request for a hearing and the supporting data
submittedtherewith;
(iii) All documents relating to the request for certification andall
documents submitted therewith; and
(iv) Correspondence and other data material to the hearing.
(2) The hearing file will be available for inspection by
theapplicant at the office of the Presiding Officer.
(c) An applicant may appear in person or may be represented
bycounsel or by any other duly authorized representative.
(d)(1) The Presiding Officer, upon the request of any party or athis
or her discretion, may arrange for a prehearing conference at atime and
place he/she specifies. Such prehearing conference willconsider the
following:
(i) Simplification of the issues;
(ii) Stipulations, admissions of fact, and the introduction
ofdocuments;
(iii) Limitation of the number of expert witnesses;
(iv) Possibility of agreement disposing of any or all of theissues
in dispute; and
(v) Such other matters as may aid in the disposition of thehearing,
including such additional tests as may be agreed upon by theparties.
(2) The results of the conference shall be reduced to writing bythe
Presiding Officer and made part of the record.
(e)(1) Hearings shall be conducted by the Presiding Officer in
aninformal but orderly and expeditious manner. The parties may offeroral
or written evidence, subject to the exclusion by the PresidingOfficer of
irrelevant, immaterial, and repetitious evidence.
(2) Witnesses will not be required to testify under oath.
However,the Presiding Officer shall call to the attention of witnesses
thattheir statements may be subject to the provisions of 18 U.S.C.
1001which imposes penalties for knowingly making false statements or
[[Page 72]]
representations or using false documents in any matter within
thejurisdiction of any department or agency of the United States.
(3) Any witness may be examined or cross-examined by the
PresidingOfficer, the parties, or their representatives.
(4) Hearings shall be reported verbatim. Copies of transcripts
ofproceedings may be purchased by the applicant from the reporter.
(5) All written statements, charts, tabulations, and similar
dataoffered in evidence at the hearings shall, upon a showing
satisfactoryto the Presiding Officer of their authenticity, relevancy,
andmateriality, be received in evidence and shall constitute a part
ofthe record.
(6) Oral argument may be permitted at the discretion of thePresiding
Officer and shall be reported as part of the record unlessotherwise
ordered by the Presiding Officer.
(f)(1) The Presiding Officer shall make an initial decision
whichshall include written findings and conclusions and the reasons
orbasis regarding all the material issues of fact, law, or
discretionpresented on the record. The findings, conclusions, and
writtendecision shall be provided to the parties and made a part of
therecord. The initial decision shall become the decision of
theAdministrator without further proceedings, unless there is an
appealto the Administrator or motion for review by the Administrator
within20 days of the date the initial decision was filed. If
theAdministrator has determined under paragraph (a) of this section
thatthe decision of the Presiding Officer is final, there is no right
ofappeal to the Administrator.
(2) On appeal from or review of the initial decision,
theAdministrator shall have all the powers which he or she would have
inmaking the initial decision, including the discretion to require
orallow briefs, oral argument, the taking of additional evidence, or
theremanding to the Presiding Officer for additional proceedings.
Thedecision by the Administrator may adopt the original decision or
shallinclude written findings and conclusions and the reasons or
basistherefor on all the material issues of fact, law, or
discretionpresented on the appeal or considered in the review.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.129 Right of entry.
(a) Any manufacturer who has applied for certification of a
newengine or engine family subject to certification testing under
thissubpart shall admit or cause to be admitted to any of the
followingfacilities during operating hours any EPA enforcement officer
or EPAauthorized representative on presentation of credentials.
(1) Any facility where any such certification testing or
anyprocedures or activities connected with such certification testing
areor were performed;
(2) Any facility where any new engine which is being, was, or isto
be tested is present;
(3) Any facility where any construction process or assemblyprocess
used in the modification or buildup of such an engine into
acertification engine is taking place or has taken place; and
(4) Any facility where any record or other document relating toany
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
authorizedrepresentative 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
serviceaccumulation, maintenance, and engine storage procedures, and
toverify correlation or calibration of test equipment;
(2) To inspect and make copies of any such records, designs, orother
documents; and
(3) To inspect and photograph any part or aspect of any
suchcertification engine and any components to be used in the
constructionthereof.
(c) To allow the Administrator to determine whether
productionengines conform in all material respects to the design
specificationsapplicable to those engines, as described in the
application forcertification for which a certificate of conformity has
been issued,any manufacturer shall admit any EPA
[[Page 73]]
enforcement officer or EPAauthorized representative on presentation of
credentials to:
(1) Any facility where any document, design, or procedure relatingto
the translation of the design and construction of engines andemission-
related components described in the application forcertification or used
for certification testing into productionengines is located or carried
on; and
(2) Any facility where any engines to be introduced into commerceare
manufactured or assembled.
(d) On admission to any such facility referred to in paragraph (c)of
this section, any EPA enforcement officer or EPA
authorizedrepresentative shall be allowed:
(1) To inspect and monitor any aspects of such manufacture
orassembly and other procedures;
(2) To inspect and make copies of any such records, documents
ordesigns; and
(3) To inspect and photograph any part or aspect of any such
newengines and any component used in the assembly thereof that
arereasonably related to the purpose of his or her entry.
(e) Any EPA enforcement officer or EPA authorized
representativeshall be furnished by those in charge of a facility being
inspectedwith such reasonable assistance as he or she may request to
help theenforcement officer or authorized representative discharge
anyfunction listed in this paragraph. Each applicant for or recipient
ofcertification is required to cause those in charge of a
facilityoperated for its benefit to furnish such reasonable assistance
withoutcharge 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 makingavailable on
request of personnel of the facility being inspectedduring their working
hours to inform the EPA enforcement officer orEPA authorized
representative of how the facility operates and toanswer the officer's
questions; and the performance on request ofemission tests on any engine
which is being, has been, or will be usedfor certification testing. Such
tests shall be nondestructive, but mayrequire appropriate service
accumulation.
(2) A manufacturer may be compelled to cause any employee at
afacility being inspected to appear before an EPA enforcement officeror
EPA authorized representative. The request for the employee'sappearance
shall be in writing, signed by the Assistant Administratorfor Air and
Radiation, and served on the manufacturer. Any employeewho has been
instructed by the manufacturer to appear will be entitledto be
accompanied, represented, and advised by counsel.
(f) The duty to admit or cause to be admitted any EPA
enforcementofficer or EPA authorized representative applies whether or
not theapplicant owns or controls the facility in question and applies
bothto domestic and to foreign manufacturers and facilities. EPA will
notattempt to make any inspections which it has been informed that
locallaw forbids. However, if local law makes it impossible to do what
isnecessary to ensure the accuracy of data generated at a facility,
noinformed judgment that an engine is certifiable or is covered by
acertificate can properly be based on those data. It is
theresponsibility of the manufacturer to locate its testing
andmanufacturing facilities in jurisdictions where this situation
willnot arise.
(g) Any entry without 24 hours prior written or oral notificationto
the affected manufacturer shall be authorized in writing by theAssistant
Administrator for Enforcement.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.130 Rebuild practices.
The provisions of 40 CFR 1068.120 apply to rebuilding of
enginessubject to the requirements of this part 89, except Tier 1
enginesrated at or above 37 kW.
[70 FR 40445, July 13, 2005]
[[Page 74]]
Subpart C_Averaging, Banking, and Trading Provisions
Sec. 89.201 Applicability.
Nonroad compression-ignition engines subject to the provisions
ofsubpart A of this part are eligible to participate in the
averaging,banking, and trading program described in this subpart. To the
extentspecified in 40 CFR part 60, subpart IIII, stationary
enginescertified under this part and subject to the standards of 40 CFR
part60, subpart IIII, may participate in the averaging, banking,
andtrading program described in this subpart.
[71 FR 39184, July 11, 2006]
Sec. 89.202 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 emissioncredits
among engine families within a given manufacturer's productline.
Banking means the retention of nonroad engine emissioncredits by the
manufacturer generating the emission credits for use infuture model year
averaging or trading as permitted by theseregulations.
Emission credits represent the amount of emission reductionor
exceedance, by a nonroad engine family, below or above the
emissionstandard, respectively. Emission reductions below the standard
areconsidered as ``positive credits,'' while emissionexceedances above
the standard are considered as ``negativecredits.'' In addition,
``projected credits'' referto emission credits based on the projected
applicable production/salesvolume of the engine family. ``Reserved
credits'' areemission credits generated within a model year waiting to
be reportedto EPA at the end of the model year. ``Actual credits''refer
to emission credits based on actual applicable production/salesvolume as
contained in the end-of-year reports submitted to EPA. Someor all of
these credits may be revoked if EPA review of the end-of-year reports or
any subsequent audit action(s) uncovers problems orerrors.
Trading means the exchange of nonroad engine emissioncredits between
manufacturers.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.203 General provisions.
(a) The averaging, banking, and trading programs forNOX.
NMHC+NOX. and PM emissions from eligiblenonroad engines are
described in this subpart. Participation in theseprograms is voluntary.
(b) Requirements for Tier 1 engines rated at or above 37 kW.(1) A
nonroad engine family is eligible to participate in theaveraging,
banking, and trading program for NOX emissionsand the banking
and trading program for PM emissions if it is subjectto regulation under
subpart B of this part with certain exceptionsspecified in paragraph
(b)(2) of this section. No averaging, banking,and trading program is
available for meeting the Tier 1 HC, CO, orsmoke emission standards
specified in subpart B of this part. Noaveraging program is available
for meeting the Tier 1 PM emissionstandards specified in subpart B of
this part.
(2) Nonroad engines may not participate in the averaging,
banking,and trading programs if they are exported or are sold as Blue
SkySeries engines as described in Sec. 89.112(f). Nonroadengines
certified on a special test procedure underSec. 89.114(a), may not
participate in the averaging,banking and trading programs unless the
manufacturer has requestedthat the engines be included in the averaging,
banking, and tradingprograms at the time the request for the special
test procedure ismade and has been granted approval by the Administrator
for inclusionin the averaging, banking, and trading programs.
(3) A manufacturer may certify one or more nonroad engine familiesat
NOX family emission limits (FELs) above or below theTier 1
NOX emission standard, provided the summation ofthe
manufacturer's projected balance of all NOX
credittransactions in a given model year is greater than or equal to
zero,as determined under Sec. 89.207(a). A manufacturer maycertify one
or more nonroad engine families at PM FELs below the Tier2 PM emission
[[Page 75]]
standard that will be applicable to those enginefamilies.
(i) FELs for NOX may not exceed the Tier 1 upper
limitspecified in Sec. 89.112(d).
(ii) An engine family certified to an FEL is subject to
allprovisions specified in this part, except that the applicable
FELreplaces the emission standard for the family participating in
theaveraging, banking, and trading program.
(iii) A manufacturer of an engine family with a NOXFEL
exceeding the Tier 1 NOX emission standard must
obtainNOX emission credits sufficient to address the
associatedcredit shortfall via averaging, banking, or trading.
(iv) An engine family with a NOX FEL below theapplicable
Tier 1 standard may generate emission credits foraveraging, banking,
trading, or a combination thereof. An enginefamily with a PM FEL below
the Tier 2 standard that will be applicableto that engine family may
generate emission credits for banking,trading, or a combination thereof.
Emission credits may not be used tooffset an engine family's emissions
that exceed its applicable FEL.Credits may not be used to remedy
nonconformity determined by aSelective Enforcement Audit (SEA) or by
recall (in-use) testing.However, in the case of an SEA failure, credits
may be used to allowsubsequent production of engines for the family in
question if themanufacturer elects to recertify to a higher FEL.
(4) NOX credits generated in a given model year may
beused to address credit shortfalls with other engines during that
modelyear or in any subsequent model year except as noted under
paragraph(b)(5)(ii) of this section. PM credits may be used to address
creditshortfalls with Tier 2 and later engines greater than or equal to
37kW and Tier 1 and later engines less than 37 kW and greater than
orequal to 19 kW. Credits generated in one model year may not be usedfor
prior model years.
(5) The following provisions apply to the use of Tier
1NOX credits for showing compliance with the Tier 2 or Tier3
NMHC+NOX standards.
(i) A manufacturer may use NOX credits from
enginessubject to the Tier 1 NOX standard to
addressNMHC+NOX credit shortfalls with engines in the
sameaveraging set subject to Tier 1 NMHC+NOX or Tier
2NMHC+NOX emission standards.
(ii) A manufacturer may not use NOX credits fromengines
subject to the Tier 1 standards to addressNMHC+NOX credit
shortfalls with engines subject to theTier 3 NMHC+NOX
emission standards.
(c) Requirements for Tier 2 and later engines rated at or above37 kW
and Tier 1 and later engines rated under 37 kW. (1) A nonroadengine
family is eligible to participate in the averaging, banking,and trading
programs for NMHC+NOX emissions and PMemissions if it is
subject to regulation under subpart B of this partwith certain
exceptions specified in paragraph (c)(2) of this section.No averaging,
banking, and trading program is available for meetingthe CO or smoke
emission standards specified in subpart B of thispart.
(2) Nonroad engines may not participate in the averaging,
banking,and trading programs if they are exported or are sold as Blue
SkySeries engines as described in Sec. 89.112(f). Nonroadengines
certified on a special test procedure underSec. 89.114(a), may not
participate in the averaging,banking and trading programs unless the
manufacturer has requestedthat the engines be included in the averaging,
banking, and tradingprograms at the time the request for the special
test procedure ismade and has been granted approval by the Administrator
for inclusionin the averaging, banking, and trading programs.
(3)(i) A manufacturer may certify one or more nonroad enginefamilies
at FELs above or below the applicable NMHC+NOXemission
standard and PM emission standard, provided the summation ofthe
manufacturer's projected balance of all NMHC+NOXcredit
transactions and the summation of the manufacturer's projectedbalance of
all PM credit transactions in a given model year in a givenaveraging set
is greater than or equal to zero, as determined underSec. 89.207(b).
(A) FELs for NMHC+NOX and FELs for PM may not exceedthe
upper limits specified in Sec. 89.112(d).
[[Page 76]]
(B) An engine family certified to an FEL is subject to allprovisions
specified in this part, except that the applicable FELreplaces the
emission standard for the family participating in theaveraging, banking,
and trading program.
(C) A manufacturer of an engine family with an FEL exceeding
theapplicable emission standard must obtain emission credits
sufficientto address the associated credit shortfall via averaging,
banking, ortrading, within the restrictions described in Sec.
89.204(c)and Sec. 89.206(b)(4).
(D) An engine family with an FEL below the applicable standard
maygenerate emission credits for averaging, banking, trading, or
acombination thereof. Emission credits may not be used to offset
anengine family's emissions that exceed its applicable FEL. Credits
maynot be used to remedy nonconformity determined by a
SelectiveEnforcement Audit (SEA) or by recall (in-use) testing. However,
in thecase of an SEA failure, credits may be used to allow
subsequentproduction of engines for the family in question if the
manufacturerelects to recertify to a higher FEL.
(ii)(A) In lieu of generating credits under paragraph (c)(3)(i)
ofthis section, a manufacturer may certify one or more nonroad
enginefamilies rated under 37 kW at family emission limits (FELs) above
orbelow the applicable NMHC+NOX emission standard and
PMemission standard. The summation of the manufacturer's
projectedbalance of all NMHC+NOX credit transactions and
thesummation of the manufacturer's projected balance of all PM
credittransactions in a given model year, as determined underSec.
89.207(b), are each allowed to be less than zero.Separate calculations
shall be required for the following twocategories of engines: engines
rated under 19 kW and engines rated ator above 19 kW and under 37 kW.
(B) For each calendar year a negative credit balance exists as
ofDecember 31, a penalty equal to ten percent of the negative
creditbalance as of December 31 of the calendar year shall be added to
thenegative credit balance. The resulting negative credit balance
shallbe carried into the next calendar year.
(C) For engines rated under 19 kW, a manufacturer will be allowedto
carry over a negative credit balance until December 31, 2003. Forengines
rated at or above 19 kW and under 37 kW, a manufacturer willbe allowed
to carry over a negative credit balance until December 31,2002. As of
these dates, the summation of the manufacturer's projectedbalance of all
NMHC+NOX credit transactions and thesummation of the
manufacturer's projected balance of all PM credittransactions must each
be greater than or equal to zero.
(D) FELs for NMHC+NOX and FELs for PM may not exceedthe
upper limits specified in Sec. 89.112(d).
(E) An engine family certified to an FEL is subject to allprovisions
specified in this part, except that the applicableNMHC+NOX
FEL or PM FEL replaces the NMHC+NOXemission standard or PM
emission standard for the family participatingin the averaging and
banking program.
(F) A manufacturer of an engine family with an FEL exceeding
theapplicable emission standard must obtain emission credits
sufficientto address the associated credit shortfall via averaging or
banking.The exchange of emission credits generated under this program
withother nonroad engine manufacturers in trading is not allowed.
(G) An engine family with an FEL below the applicable standard
maygenerate emission credits for averaging, banking, or a
combinationthereof. Emission credits may not be used to offset an engine
family'semissions that exceed its applicable FEL. Credits may not be
used toremedy 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 thefamily in question if the manufacturer elects to recertify to a
higherFEL.
(4)(i) Except as noted in paragraphs (c)(4)(ii), (c)(4)(iii),
and(c)(4)(iv) of this section, credits generated in a given model
yearmay be used during that model year or used in any subsequent
modelyear. Except as allowed under paragraph (c)(3)(ii) of this section,
[[Page 77]]
credits generated in one model year may not be used for priormodel
years.
(ii) Credits generated from engines rated under 19 kW prior to
theimplementation date of the applicable Tier 2 standards, shall
expireon December 31, 2007.
(iii) Credits generated from engines rated under 19 kW under
theprovisions of paragraph (c)(3)(ii) shall expire on December 31, 2003.
(iv) Credits generated from engines rated at or above 19 kW andunder
37 kW under the provisions of paragraph (c)(3)(ii) of thissection shall
expire on December 31, 2002.
(5) Except as provided in paragraph (b)(3) of this section,
enginefamilies may not generate credits for one pollutant while also
usingcredits for another pollutant in the same model year.
(6) Model year 2008 and 2009 engines rated under 8 kW that
areallowed to certify under this part because they meet the criteria
in40 CFR 1039.101(c) may not generate emission credits.
(d) Manufacturers must demonstrate compliance under the
averaging,banking, and trading programs for a particular model year
within 270days of the end of the model year. Except as allowed under
paragraph(c)(3)(ii) of this section, manufacturers that have certified
enginefamilies to FELs above the applicable emission standards and do
nothave sufficient emission credits to offset the difference between
theemission standards and the FEL for such engine families will be
inviolation of the conditions of the certificate of conformity for
suchengine families. The certificates of conformity may be voided
abinitio under Sec. 89.126(c) for those engine families.
[63 FR 57006, Oct. 23, 1998, as amended at 69 FR 39213, June29, 2004]
Sec. 89.204 Averaging.
(a) Requirements for Tier 1 engines rated at or above 37 kW.A
manufacturer may use averaging to offset an emission exceedance of
anonroad engine family caused by a NOX FEL above
theapplicable emission standard. NOX credits used inaveraging
may be obtained from credits generated by another enginefamily in the
same model year, credits banked in a previous modelyear, or credits
obtained through trading.
(b) Requirements for Tier 2 and later engines rated at or above37 kW
and Tier 1 and later engines rated under 37 kW. Amanufacturer may use
averaging to offset an emission exceedance of anonroad engine family
caused by an NMHC+;NOX FEL or a PMFEL above the applicable
emission standard. Credits used in averagingmay be obtained from credits
generated by another engine family in thesame model year, credits banked
in previous model years that have notexpired, or credits obtained
through trading. The use of credits shallbe within the restrictions
described in paragraph (c) of this section,Sec. 89.206(b)(4) and Sec.
89.203(b)(5)(ii).
(c) Averaging sets for emission credits. The averaging andtrading of
NOX emission credits, NMHC + NOXemission credits,
and PM emissions credits will only be allowedbetween engine families in
the same averaging set. The averaging setsfor the averaging and trading
of NOX emission credits,NMHC + NOX emission
credits, and PM emission credits fornonroad engines are defined as
follows:
(1) Eligible engines rated at or above 19 kW, other than
marinediesel engines, constitute an averaging set.
(2) Eligible engines rated under 19 kW, other than marine
dieselengines, constitute an averaging set.
(3) Marine diesel engines rated at or above 19 kW constitute
anaveraging set. Emission credits generated from marine diesel
enginesrated at or above 19 kW may be used to address credit shortfalls
foreligible engines rated at or above 19 kW other than marine
dieselengines.
(4) Marine diesel engines rated under 19 kW constitute anaveraging
set. Emission credits generated from marine diesel enginesrated under 19
kW may be used to address credit shortfalls foreligible engines rated
under 19 kW other than marine diesel engines.
[63 FR 57007, Oct. 23, 1998]
Sec. 89.205 Banking.
(a) Requirements for Tier 1 engines rated at or above 37 kW.(1) A
manufacturer of a nonroad engine family with a NOXFEL below
the applicable standard
[[Page 78]]
for a given model year may bankcredits in that model year for use in
averaging and trading in anysubsequent model year.
(2) A manufacturer of a nonroad engine family may bankNOX
credits up to one calendar year prior to the effectivedate of mandatory
certification. Such engines must meet therequirements of subparts A, B,
D, E, F, G, H, I, J, and K of thispart.
(3)(i) A manufacturer of a nonroad engine family may bank PMcredits
from Tier 1 engines under the provisions specified inSec. 89.207(b) for
use in averaging and trading in the Tier2 or later timeframe. These
credits are considered to be Tier 2credits.
(ii) Such engine families are subject to all provisions specifiedin
subparts A, B, D, E, F, G, H, I, J, and K of this part, except thatthe
applicable PM FEL replaces the PM emission standard for the
familyparticipating in the banking and trading program.
(b) Requirements for Tier 2 and later engines rated at or above37 kW
and Tier 1 and later engines rated under 37 kW. (1) Amanufacturer of a
nonroad engine family with an NMHC + NOXFEL or a PM FEL below
the applicable standard for a given model yearmay bank credits in that
model year for use in averaging and tradingin any following model year.
(2) For engine rated under 37 kW, a manufacturer of a nonroadengine
family may bank credits prior to the effective date ofmandatory
certification. Such engines must meet the requirements ofsubparts 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 ofthe
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 certificationprocess for
banking will be considered reserved and may beredesignated for trading
or averaging in the end-of-year report andfinal report.
(d) Credits declared for banking from the previous model year
thathave not been reviewed by EPA may be used in averaging or
tradingtransactions. However, such credits may be revoked at a later
timefollowing EPA review of the end-of-year report or any subsequent
auditactions.
[63 FR 57008, Oct. 23, 1998, as amended at 72 FR 53129, Sept.18, 2007]
Sec. 89.206 Trading.
(a) Requirements for Tier 1 engines rated at or above 37 kW.(1) A
nonroad engine manufacturer may exchange emission credits withother
nonroad engine manufacturers within the same averaging set intrading.
(2) Credits for trading can be obtained from credits banked in
aprevious model year or credits generated during the model year of
thetrading transaction.
(3) Traded credits can be used for averaging, banking, or
furthertrading transactions within the restrictions described inSec.
89.204(c).
(b) Requirements for Tier 2 and later engines rated at or above37 kW
and Tier 1 and later engines rated under 37 kW. (1) A nonroadengine
manufacturer may exchange emission credits with other nonroadengine
manufacturers within the same averaging set in trading.
(2) Credits for trading can be obtained from credits banked
inprevious model years that have not expired or credits generated
duringthe model year of the trading transaction.
(3) Traded credits can be used for averaging, banking, or
furthertrading transactions within the restrictions described inSec.
89.204(c) and paragraph (b)(4) of this section.
(4) Emission credits generated from engines rated at or above 19kW
utilizing indirect fuel injection may not be traded to
othermanufacturers.
(c) In the event of a negative credit balance resulting from
atransaction, both the buyer and the seller are liable, except in
casesdeemed involving fraud. Certificates of all engine
familiesparticipating in a negative trade may be voided ab initio
underSec. 89.126(c).
[63 FR 57008, Oct. 23, 1998]
Sec. 89.207 Credit calculation.
(a) Requirements for calculating NOX creditsfrom Tier 1
engines rated at or above 37 kW. (1) For eachparticipating engine
family, emission credits (positive or negative)are to be calculated
[[Page 79]]
according to one of the following equationsand rounded, in accordance
with ASTM E29-93a, to the nearestone-hundredth of a megagram (Mg). This
ASTM procedure has beenincorporated by reference (see Sec. 89.6).
Consistent unitsare to be used throughout the equation.
(i) For determining credit availability from all engine
familiesgenerating credits: Emission credits = (Std-FEL) x(Volume) x
(AvgPR) x (UL) x (Adjustment) x(10-6)
(ii) For determining credit usage for all engine familiesrequiring
credits to offset emissions in excess of the standard:
Emission credits = (Std-FEL) x (Volume) x(AvgPR) x (UL) x
(10-6)
Where:
Std = the applicable Tier 1 NOX nonroad engineemission
standard, in grams per kilowatt-hour.
FEL = the NOX family emission limit for the enginefamily in
grams per kilowatt-hour.
Volume = the number of nonroad engines eligible to participate inthe
averaging, banking, and trading program within the given enginefamily
during the model year. Engines sold to equipment or vehiclemanufacturers
under the provisions of Sec. 89.102(g) shallnot be included in this
number. Quarterly production projections areused for initial
certification. Actual applicable production/salesvolume is used for end-
of-year compliance determination.
AvgPR = the average power rating of all of the configurationswithin an
engine family, calculated on a sales-weighted basis, inkilowatts.
UL = the useful life for the engine family, in hours.
Adjustment = a one-time adjustment, as specified in paragraph (a)(2) of
this section, to be applied to Tier 1 NOX creditsto be banked
or traded for determining compliance with the Tier 1NOX
standards or Tier 2 NOX+NMHC standardsspecified in subpart B
of this part. Banked credits traded in asubsequent model year will not
be subject to an additional adjustment.Banked credits used in a
subsequent model year's averaging programwill not have the adjustment
restored.
(2) If an engine family is certified to a NOX FEL of8.0
g/kW-hr or less, an Adjustment value of 1.0 shall be used in thecredit
generation calculation described in paragraph (a)(1)(i) of thissection.
If an engine family is certified to a NOX FELabove 8.0 g/kW-
hr, an Adjustment value of 0.65 shall be used in thecredit generation
calculation described in paragraph (a)(1)(i) of thissection. If the
credits are to be used by the credit-generatingmanufacturer for
averaging purposes in the same model year in whichthey are generated, an
Adjustment value of 1.0 shall be used for allengines regardless of the
level of the NOX FEL. If thecredits are to be banked by the
credit-generating manufacturer andused in a subsequent model year for
another Tier 1 engine family, anAdjustment value of 1.0 shall be used
for all engines regardless ofthe level of the NOX FEL.
(b) Requirements for calculating NMHC + NOXCredits from
Tier 2 and later engines rated at or above 37 kW andTier 1 and later
engines rated under 37 kW and PM credits from allengines. (1) For each
participating engine family, NOX+ NMHC emission credits and
PM emission credits (positive or negative)are to be calculated according
to one of the following equations androunded, in accordance with ASTM
E29-93a, to the nearest one-hundredth of a megagram (Mg). This procedure
has been incorporated byreference (see Sec. 89.6). Consistent units are
to be usedthroughout the equation.
(i) For determining credit availability from all engine
familiesgenerating credits:
Emission credits = (Std-FEL) x (Volume) x (AvgPR)x (UL) x
(10-6)
(ii) For determining credit usage for all engine familiesrequiring
credits to offset emissions in excess of the standard:
Emission credits = (Std-FEL) x (Volume) x (AvgPR)x (UL) x
(10-6)
Where:
Std = the current and applicable nonroad engine emission standard,in
grams per kilowatt-hour, except for PM calculations where it is
theapplicable nonroad engine Tier 2 PM emission standard, and except
forengines rated under 19 kW where it is the applicable nonroad
engineTier 2 emission standard, in grams per kilowatt-hour. (Engines
ratedunder 19 kW participating in the averaging and banking
programprovisions of Sec. 89.203(c)(3)(ii) shall use the Tier 1standard
for credit calculations.)
FEL = the family emission limit for the engine family in grams
perkilowatt-hour.
[[Page 80]]
Volume = the number of nonroad engines eligible to participatein the
averaging, banking, and trading program within the given enginefamily
during the model year. Engines sold to equipment or vehiclemanufacturers
under the provisions of Sec. 89.102(g) shallnot be included in this
number. Quarterly production projections areused for initial
certification. Actual applicable production/salesvolume is used for end-
of-year compliance determination.
AvgPR = the average power rating of all of the configurationswithin an
engine family, calculated on a sales-weighted basis, inkilowatts.
UL = the useful life for the given engine family, in hours.
[63 FR 57008, Oct. 23, 1998]
Sec. 89.208 Labeling.
For all nonroad engines included in the averaging, banking,
andtrading programs, the family emission limits to which the engine
iscertified must be included on the label required inSec. 89.110.
[63 FR 57009, Oct. 23, 1998]
Sec. 89.209 Certification.
(a) In the application for certification a manufacturer must:
(1) Declare its intent to include specific engine families in
theaveraging, banking, and trading programs.
(2) Submit a statement that the engines for which certification
isrequested will not, to the best of the manufacturer's belief, causethe
manufacturer to have a negative credit balance when all creditsare
calculated for all the manufacturer's engine familiesparticipating in
the averaging, banking, and trading programs, exceptas allowed under
Sec. 89.203(c)(3)(ii).
(3) Declare the applicable FELs for each engine familyparticipating
in averaging, banking, and trading.
(i) The FELs must be to the same number of significant digits asthe
emission standard for the applicable pollutant.
(ii) In no case may the FEL exceed the upper limits prescribed
inSec. 89.112(d).
(4) Indicate the projected number of credits generated/needed
forthis family; the projected applicable production/sales volume,
byquarter; and the values required to calculate credits as given inSec.
89.207.
(5) Submit calculations in accordance with Sec. 89.207of projected
emission credits (positive or negative) based onquarterly production
projections for each participating family.
(6)(i) If the engine family is projected to have negative
emissioncredits, state specifically the source (manufacturer/engine
family orreserved) of the credits necessary to offset the credit
deficitaccording to quarterly projected production, or, if the engine
familyis to be included in the provisions of Sec. 89.203(c)(3)(ii),
state that the engine family will be subject to thoseprovisions.
(ii) If the engine family is projected to generate credits,
statespecifically (manufacturer/engine family or reserved) where
thequarterly projected credits will be applied.
(b) All certificates issued are conditional upon
manufacturercompliance with the provisions of this subpart both during
and afterthe model year of production.
(c) Failure to comply with all provisions of this subpart will
beconsidered to be a failure to satisfy the conditions upon which
thecertificate was issued, and the certificate may be deemed void
abinitio.
(d) The manufacturer bears the burden of establishing to
thesatisfaction of the Administrator that the conditions upon which
thecertificate was issued were satisfied or waived.
(e) Projected credits based on information supplied in
thecertification application may be used to obtain a certificate
ofconformity. However, any such credits may be revoked based on reviewof
end-of-year reports, follow-up audits, and any other verificationsteps
deemed appropriate by the Administrator.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57009, Oct. 23, 1998]
Sec. 89.210 Maintenance of records.
(a) The manufacturer of any nonroad engine that is certified
underthe averaging, banking, and trading program must establish,
maintain,and retain the following adequately organized and indexed
records foreach such engine produced:
(1) EPA engine family;
(2) Engine identification number;
[[Page 81]]
(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 iscertified
under the averaging, banking, and trading programs mustestablish,
maintain, and retain the following adequately organized andindexed
records for each such family:
(1) EPA engine family;
(2) Family emission limits (FEL);
(3) Power rating for each configuration tested;
(4) Projected applicable production/sales volume for the modelyear;
and
(5) Actual applicable production/sales volume for the model year.
(c) Any manufacturer producing an engine family participating
intrading reserved credits must maintain the following records on
aquarterly basis for each engine family in the trading program:
(1) The engine family;
(2) The actual quarterly and cumulative applicableproduction/sales
volume;
(3) The values required to calculate credits as given inSec.
89.207;
(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
bemaintained under this section for a period of eight years from the
duedate for the end-of-model-year report. Records may be retained as
hardcopy or reduced to microfilm, ADP diskettes, and so forth,
dependingon the manufacturer's record retention procedure; provided,
that inevery case all information contained in the hard copy is
retained.
(e) Nothing in this section limits the Administrator's discretionin
requiring the manufacturer to retain additional records or
submitinformation not specifically required by this section.
(f) Pursuant to a request made by the Administrator, themanufacturer
must submit to the Administrator the information that themanufacturer is
required to retain.
(g) EPA may void ab initio under Sec. 89.126(c) acertificate of
conformity for an engine family for which themanufacturer fails to
retain the records required in this section orto provide such
information to the Administrator upon request.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57009, Oct. 23, 1998]
Sec. 89.211 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 tocalculate credits as given in Sec. 89.207, and the number
ofcredits generated/required. Manufacturers must also submit how
andwhere credit surpluses were dispersed (or are to be banked) and/or
howand through what means credit deficits were met. Copies of
contractsrelated to credit trading must be included or supplied by the
broker,if applicable. The report shall include a calculation of
creditbalances to show that the summation of the manufacturer's use
ofcredits results in a credit balance equal to or greater than
zero,except as allowed under Sec. 89.203(c)(3)(ii).
Manufacturersparticipating under the program described in Sec.
89.203(c)(3)(ii) shall include the NMHC + NOX credit balance
andthe PM credit balance as of December 31 of that calendar year.
(b) The applicable production/sales volume for end-of-year andfinal
reports must be based on the location of the point of firstretail sale
(for example, retail customer, dealer, secondarymanufacturer) also
called the final product purchase location.
(c)(1) End-of-year reports must be submitted within 90 days of
theend of the model year to: Director, Engine Programs and
ComplianceDivision (6405-J), U.S. Environmental Protection Agency, 401 M
St.,SW., Washington, DC 20460.
(2) Final reports must be submitted within 270 days of the end ofthe
model year to: Director, Engine Programs and Compliance Division(6405-
J), U.S. Environmental Protection Agency, 401 M St., 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
reportsin the specified
[[Page 82]]
time for all engines is a violation of sections203(a)(1) and 213 of the
Clean Air Act for each engine.
(e) A manufacturer generating credits for deposit only who failsto
submit end-of-year reports in the applicable specified time period(90
days after the end of the model year) may not use the creditsuntil such
reports are received and reviewed by EPA. Use of projectedcredits
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 correctedin the
final report up to 270 days from the end of the model year.
(g) If EPA or the manufacturer determines that a reporting
erroroccurred on an end-of-year or final report previously submitted to
EPAunder this section, the manufacturer's credits and credit
calculationswill be recalculated. Erroneous positive credits will be
void exceptas provided in paragraph (h) of this section. Erroneous
negativecredit balances may be adjusted by EPA.
(h) If within 270 days of the end of the model year, EPA
reviewdetermines a reporting error in the manufacturer's favor (that
is,resulting in an increased credit balance) or if the
manufacturerdiscovers such an error within 270 days of the end of the
model year,the credits shall be restored for use by the manufacturer.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57009, Oct. 23, 1998]
Sec. 89.212 Notice of opportunity for hearing.
Any voiding of the certificate underSec. Sec. 89.203(d), 89.206(c),
89.209(c) or 89.210(g)will be made only after the manufacturer concerned
has been offered anopportunity for a hearing conducted in accordance
withSec. Sec. 89.512 and 89.513 and, if a manufacturerrequests such a
hearing, will be made only after an initial decisionby the Presiding
Officer.
[63 FR 57010, Oct. 23, 1998]
Subpart D_Emission Test Equipment Provisions
Sec. 89.301 Scope; applicability.
(a) This subpart describes the equipment required in order toperform
exhaust emission tests on new nonroad compression-ignitionengines
subject to the provisions of subpart B of part 89.
(b) Exhaust gases, either raw or dilute, are sampled while thetest
engine is operated using an 8-mode test cycle on an enginedynamometer.
The exhaust gases receive specific component analysisdetermining
concentration of pollutant, exhaust volume, the fuel flow,and the power
output during each mode. Emission is reported as gramsper kilowatt hour
(g/kw-hr). See subpart E of this part for a completedescription of the
test procedure.
(c) General equipment and calibration requirements are given inSec.
89.304 through 89.324. Sections 89.325 through 89.331set forth general
test specifications.
(d) Additional information about system design,
calibrationmethodologies, and so forth, for raw gas sampling can be
found in 40CFR part 1065. Examples for system design, calibration
methodologies,and so forth, for dilute exhaust gas sampling can be found
in 40 CFRpart 1065.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998,
as amended at 70 FR 40445, July 13, 2005]
Sec. 89.302 Definitions.
The definitions in subpart A of this part apply to this subpart.For
terms not defined in this part, the definitions in 40 CFR part
86,subparts A, D, I, and N, apply to this subpart.
[63 FR 57010, Oct. 23, 1998]
Sec. 89.303 Symbols/abbreviations.
(a) The abbreviations in Sec. 86.094-3 or part89.3 of this chapter
apply to this subpart.
(b) The abbreviations in Table 1 in appendix A of this subpartapply
to this subpart. Some abbreviations from Sec. 89.3have been included
for the convenience of the reader.
[[Page 83]]
(c) The symbols in Table 2 in appendix A of this subpart applyto
this subpart.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.304 Equipment required for gaseous emissions; overview.
(a) All engines subject to this subpart are tested for
exhaustemissions. Engines are operated on dynamometers meeting
thespecification given in Sec. 89.306.
(b) The exhaust is tested for gaseous emissions using a raw
gassampling system as described in Sec. 89.412 or a constantvolume
sampling (CVS) system as described in Sec. 89.419.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)
absorptiontype for carbon monoxide and carbon dioxide analysis; a heated
flameionization (HFID) type for hydrocarbon analysis; and
achemiluminescent detector (CLD) or heated chemiluminescent
detector(HCLD) for oxides of nitrogen analysis. Sections 89.309 through
89.324set forth a full description of analyzer requirements
andspecifications.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57010, Oct. 23, 1998]
Sec. 89.305 Equipment measurement accuracy/calibration frequency.
The accuracy of measurements must be such that the maximumtolerances
shown in Table 3 in appendix A of this subpart are notexceeded.
Calibrate all equipment and analyzers according to thefrequencies shown
in Table 3 in appendix A of this subpart.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.306 Dynamometer specifications and calibration weights.
(a) Dynamometer specifications. The dynamometer test standand other
instruments for measurement of power output must meet theaccuracy and
calibration frequency requirements shown in Table 3 inappendix A of this
subpart. The dynamometer must be capable ofperforming the test cycle
described in Sec. 89.410.
(b) Dynamometer calibration weights. A minimum of sixcalibration
weights for each range used are required. The weights mustbe spaced to
reflect good engineering judgement such that they coverthe range of
weights required and must be traceable to within 0.5percent of NIST
weights. Laboratories located in foreign countries maycertify
calibration weights to local government bureau standards.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.307 Dynamometer calibration.
(a) If necessary, follow the dynamometer manufacturer'sinstructions
for initial start-up and basic operating adjustments.
(b) Check the dynamometer torque measurement for each range usedby
the following method:
(1) Warm up the dynamometer following the dynamometermanufacturer's
specifications.
(2) Determine the dynamometer calibration moment arm (adistance/
weight measurement). Dynamometer manufacturer's data, actualmeasurement,
or the value recorded from the previous calibration usedfor this subpart
may be used.
(3) When calibrating the engine flywheel torque transducer, anylever
arm used to convert a weight or a force through a distance intoa torque
must be in a horizontal position (5 degrees).
(4) Calculate the indicated torque (IT) for each calibrationweight
to be used by:
IT = calibration weight (N) x calibration moment arm (m)
(5) Attach each calibration weight specified inSec. 89.306 to the
moment arm at the calibration distancedetermined in paragraph (b)(2) of
this section. Record the powermeasurement equipment response (N-m) to
each weight.
(6) For each calibration weight, compare the torque value measuredin
paragraph (b)(5) of this section to the calculated torquedetermined in
paragraph (b)(4) of this section.
(7) The measured torque must be within either 2 percent of pointor 1
percent of the engine maximum torque of the calculated torque.
[[Page 84]]
(8) If the measured torque is not within the aboverequirements,
adjust or repair the system. Repeat steps in paragraphs(b)(1) through
(b)(6) of this section with the adjusted or repairedsystem.
(c) Optional. A master load-cell or transfer standard may be usedto
verify the torque measurement system.
(1) The master load-cell and read out system must be calibratedwith
weights at each test weight specified in Sec. 89.306.The calibration
weights must be traceable to within 0.1 percent ofapplicable national
standards.
(2) Warm up the dynamometer following the equipment
manufacturer'sspecifications.
(3) Attach the master load-cell and loading system.
(4) Load the dynamometer to a minimum of 6 equally spaced
torquevalues as indicated by the master load-cell for each in-use
rangeused.
(5) The in-use torque measurement must be within 2 percent of
thetorque measured by the master system for each load used.
(6) If the in-use torque is not within 2 percent of the
mastertorque, 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 flywheeltorque
transducer calibration, but may be used to span the transducerprior to
engine testing.
(e) Perform other engine dynamometer system calibrations asdictated
by good engineering practice.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57010, Oct. 23, 1998]
Sec. 89.308 Sampling system requirements for gaseous emissions.
(a) For each component (pump, sample line section, filters, and
soforth) in the heated portion of the sampling system that has aseparate
source of power or heating element, use engineering judgmentto locate
the coolest portion of that component and monitor thetemperature at that
location. If several components are within anoven, then only the surface
temperature of the component with thelargest thermal mass and the oven
temperature need be measured.
(b) If water is removed by condensation, the sample gastemperature
shall be monitored within the water trap or the sampledewpoint shall be
monitored downstream. In either case, the indicatedtemperature shall not
exceed 7 [deg]C.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57010, Oct. 23, 1998]
Sec. 89.309 Analyzers required for gaseous emissions.
(a) Analyzers. The following instruments are required foranalyzing
the measured gases:
(1) Carbon Monoxide (CO) analysis. (i) The carbon monoxideanalyzer
must be of the non-dispersive infrared (NDIR) absorptiontype.
(ii) The use of linearizing circuits is permitted.
(2) Carbon Dioxide (CO2) analysis. (i) Thecarbon dioxide
analyzer must be of the non-dispersive infrared (NDIR)absorption type.
(ii) The use of linearizing circuits is permitted.
(3) [Reserved]
(4) Hydrocarbon (HC) analysis. (i) The hydrocarbon analyzermust be
of the heated flame ionization (HFID) type.
(ii) If the temperature of the exhaust gas at the sample probe
isbelow 190 [deg]C, the temperature of the valves, pipework, and
soforth, must be controlled so as to maintain a wall temperature of
190[deg]C 11 [deg]C. If the temperature of the
exhaust gas atthe sample probe is above 190 [deg]C, the temperature of
the valves,pipework, and so forth, must be controlled so as to maintain
a walltemperature greater than 180 [deg]C.
(iii) The FID oven must be capable of maintaining temperaturewithin
5.5 [deg]C of the set point.
(iv) Fuel and burner air must conform to the specifications inSec.
89.312.
(v) The percent of oxygen interference must be less than 3percent,
as specified in Sec. 89.319(d).
(5) Oxides of nitrogen (NOX) analysis. (i)This analysis
device must consist of the subsequent items, followingthe sample probe,
in the given order:
(A) Pipework, valves, and so forth, controlled so as to maintain
awall temperature above 60 [deg]C.
[[Page 85]]
(B) A NO2 to NO converter. The NO2 toNO
converter efficiency must be at least 90 percent.
(C) For raw analysis, an ice bath or other cooling device
locatedafter the NOX converter (optional for dilute
analysis).
(D) A chemiluminescent detector (CLD or HCLD).
(ii) The quench interference must be less than 3.0 percent
asmeasured in Sec. 89.318.
(b) Other gas analyzers yielding equivalent results may be usedwith
advance approval of the Administrator.
(c) The following requirements must be incorporated in each
systemused for testing under this subpart.
(1) Carbon monoxide and carbon dioxide measurements must be madeon a
dry basis (for raw exhaust measurement only). Specificrequirements for
the means of drying the sample can be found inSec. 89.309(e).
(2) Calibration or span gases for the NOX
measurementsystem must pass through the NO2 to NO converter.
(d) The electromagnetic compatibility (EMC) of the equipment mustbe
on a level as to minimize additional errors.
(e) Gas drying. Chemical dryers are not an acceptable methodof
removing water from the sample. Water removal by condensation
isacceptable. A water trap performing this function and meeting
thespecifications in Sec. 89.308(b) is an acceptable method.Means other
than condensation may be used only with prior approvalfrom the
Administrator.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57010, Oct. 23, 1998]
Sec. 89.310 Analyzer accuracy and specifications.
(a) Measurement accuracy--general. The analyzers musthave a
measuring range which allows them to measure the concentrationsof the
exhaust gas sample pollutants with the accuracies shown inTable 3 in
Appendix A of this subpart.
(1) Response time. As necessary, measure and account for theresponse
time of the analyzer.
(2) Precision. The precision of the analyzer must be, atworst,
1 percent of full-scale concentration for each
rangeused at or above 100 ppm (or ppmC) or 2
percent for eachrange used below 100 ppm (or ppmC). The precision is
defined as 2.5times the standard deviation(s) of 10 repetitive responses
to a givencalibration or span gas.
(3) Noise. The analyzer peak-to-peak response to zero andcalibration
or span gases over any 10-second period must not exceed 2percent of
full-scale chart deflection on all ranges used.
(4) Zero drift. The analyzer zero-response drift during a 1-hour
period must be less than 2 percent of full-scale chart deflectionon the
lowest range used. The zero-response is defined as the meanresponse
including noise to a zero-gas during a 30-second timeinterval.
(5) Span drift. The analyzer span drift during a 1-hourperiod must
be less than 2 percent of full-scale chart deflection onthe lowest range
used. The analyzer span is defined as the differencebetween the span-
response and the zero-response. The span-response isdefined as the mean
response including noise to a span gas during a30-second time interval.
(b) Operating procedure for analyzers and sampling system.Follow the
start-up and operating instructions of the instrumentmanufacturer.
Adhere to the minimum requirements given inSec. 89.314 to Sec. 89.323.
(c) Emission measurement accuracy--Bag sampling. (1)Good engineering
practice dictates that exhaust emission sampleanalyzer readings below 15
percent of full-scale chart deflectionshould generally not be used.
(2) Some high resolution read-out systems, such as computers,
dataloggers, and so forth, can provide sufficient accuracy and
resolutionbelow 15 percent of full scale. Such systems may be used
provided thatadditional calibrations of at least 4 non-zero nominally
equallyspaced points, using good engineering judgement, below 15 percent
offull scale are made to ensure the accuracy of the calibration
curves.If a gas divider is used, the gas divider must conform to the
accuracyrequirements specified in Sec. 89.312(c). The procedure
inparagraph (c)(3) of this section may be used for calibration below
15percent of full scale.
[[Page 86]]
(3) The following procedure shall be followed:
(i) Span the analyzer using a calibration gas meeting the
accuracyrequirements of Sec. 89.312(c), within the operating rangeof
the analyzer, and at least 90% of full scale.
(ii) Generate a calibration over the full concentration range at
aminimum of 6, approximately equally spaced, points (e.g. 15, 30, 45,60,
75, and 90 percent of the range of concentrations provided by thegas
divider). If a gas divider or blender is being used to calibratethe
analyzer and the requirements of paragraph (c)(2) of this sectionare
met, verify that a second calibration gas between 10 and 20percent of
full scale can be named within 2 percent of its certifiedconcentration.
(iii) If a gas divider or blender is being used to calibrate
theanalyzer, input the value of a second calibration gas (a span gas
maybe used for the CO2 analyzer) having a named concentration between
10and 20 percent of full scale. This gas shall be included on
thecalibration curve. Continue adding calibration points by dividing
thisgas until the requirements of paragraph (c)(2) of this section
aremet.
(iv) Fit a calibration curve per Sec. 89.319 throughSec. 89.322
for the full scale range of the analyzer usingthe calibration data
obtained with both calibration gases.
(d) Emission measurement accuracy--continuoussampling. Analyzers
used for continuous analysis must be operatedsuch that the measured
concentration falls between 15 and 100 percentof full-scale chart
deflection. Exceptions to these limits are:
(1) The analyzer's response may be less than 15 percent or morethan
100 percent of full scale if automatic range change circuitry isused and
the limits for range changes are between 15 and 100 percentof full-scale
chart deflection;
(2) The analyzer's response may be less than 15 percent of fullscale
if:
(i) Alternative (c)(2) of this section is used to ensure that
theaccuracy of the calibration curve is maintained below 15 percent; or
(ii) The full-scale value of the range is 155 ppm (or ppmC) orless.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57010, Oct. 23, 1998]
Sec. 89.311 Analyzer calibration frequency.
(a) Prior to initial use and after major repairs, bench check
eachanalyzer (see Sec. 89.315).
(b) Calibrations are performed as specified inSec. Sec. 89.319
through 89.324.
(c) At least monthly, or after any maintenance which could
altercalibration, the following calibrations and checks are performed.
(1) Leak check the vacuum side of the system (seeSec. 89.316).
(2) Check that the analysis system response time has been
measuredand accounted for.
(3) Verify that the automatic data collection system (if used)meets
the requirements found in Table 3 in appendix A of this subpart.
(4) Check the fuel flow measurement instrument to insure that
thespecifications in Table 3 in appendix A of this subpart are met.
(d) Verify that all NDIR analyzers meet the water rejection ratioand
the CO2 rejection ratio as specified inSec. 89.318.
(e) Verify that the dynamometer test stand and power
outputinstrumentation meet the specifications in Table 3 in appendix A
ofthis subpart.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.312 Analytical gases.
(a) The shelf life of all calibration gases must not be exceeded.The
expiration date of the calibration gases stated by the gasmanufacturer
shall be recorded.
(b) Pure gases. The required purity of the gases is definedby the
contamination limits given below. The following gases must beavailable
for operation:
(1) Purified nitrogen (Contamination <= 1 ppm C, <= 1 ppmCO, <= 400
ppm CO2, <= 0.1 ppm NO)
(2) [Reserved]
(3) Hydrogen-helium mixture (40 2 percent
hydrogen,balance helium) (Contamination <= 31 ppm C, <= 400 ppm CO)
[[Page 87]]
(4) Purified synthetic air (Contamination <= 1 ppm C, <=1 ppm CO, <=
400 ppm CO2, <= 0.1 ppm NO) (Oxygencontent between 18-21
percent vol.)
(c) Calibration and span gases. (1) Calibration gas valuesare to be
derived from NIST Standard Reference Materials (SRM's) orother
standardized gas samples and are to be single blends as listedin the
following paragraph.
(2) Mixtures of gases having the following chemical
compositionsshall be available:
(i) C3H8 and purified synthetic air ;
(ii) C3H8 and purified nitrogen (optionalfor
raw measurements);
(iii) CO and purified nitrogen;
(iv) NOX and purified nitrogen (the amount
ofNO2 contained in this calibration gas must not exceed
5percent of the NO content);
(v) CO2 and purified nitrogen.
(3) The true concentration of a span gas must be within 2percent of the NIST gas standard. The true
concentration of acalibration gas must be within 1
percent of the NIST gasstandard. The use of precision blending devices
(gas dividers) toobtain the required calibration gas concentrations is
acceptable,provided that the blended gases are accurate to within 1.5percent of NIST gas standards, or other gas standards
which have beenapproved by the Administrator. This accuracy implies that
primarygases used (or blending) must be ``named'' to an accuracyof at
least 1 percent, traceable to NIST or other
approvedgas standards. All concentrations of calibration gas shall be
given ona volume basis (volume percent or volume ppm).
(4) The gas concentrations used for calibration and span may alsobe
obtained by means of a gas divider, either diluting with
purifiedN2 or diluting with purified synthetic air. The
accuracyof the mixing device must be such that the concentration of
thediluted gases may be determined to within 2
percent.
(d) Oxygen interference check gases shall contain propane with
350ppmC 75 ppmC hydrocarbon. The three oxygen
interference gasesshall contain 21% 1%
O2,10% 1% O2, and5% 1% O2. The concentration valueshall be
determined to calibration gas tolerances by chromatographicanalysis of
total hydrocarbons plus impurities or by dynamic blending.Nitrogen shall
be the predominant diluent with the balance oxygen.
(e) Fuel for the FID shall be a blend of 40 percent 2percent hydrogen with the balance being helium. The
mixture shallcontain less than 1 ppm equivalent carbon response; 98 to
100 percenthydrogen fuel may be used with advance approval of the
Administrator.
(f) Hydrocarbon analyzer burner air. The concentration of oxygenfor
raw sampling must be within 1 mole percent of the oxygenconcentration of
the burner air used in the latest oxygen interferencecheck
(%O2I). If the difference in oxygen concentration isgreater
than 1 mole percent, then the oxygen interference must bechecked and, if
necessary, the analyzer adjusted to meet the%O2I
requirements. The burner air must contain less than 2ppmC hydrocarbon.
(g) Gases for the methane analyzer shall be single blends ofmethane
using air as the diluent.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57010, Oct. 23, 1998]
Sec. 89.313 Initial calibration of analyzers.
(a) Warming-up time. The warming-up time should be accordingto the
recommendations of the manufacturer. If not specified, aminimum of two
hours shall be allowed for warming up the analyzers.
(b) NDIR and HFID analyzer. The NDIR analyzer shall be tunedand
maintained according to the instrument manufacturer'sinstructions. The
combustion flame of the HFID analyzer shall beoptimized in order to meet
the specifications inSec. 89.319(b)(2).
(c) Zero setting and calibration. (1) Using purifiedsynthetic air
(or nitrogen), the CO, CO2, NOX.and HC analyzers
shall be set at zero.
(2) Introduce the appropriate calibration gases to the analyzersand
the values recorded. The same gas flow rates shall be used as
whensampling exhaust.
[[Page 88]]
(d) Rechecking of zero setting. The zero setting shallbe rechecked
and the procedure described in paragraph (c) of thissection repeated, if
necessary.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.314 Pre- and post-test calibration of analyzers.
Each operating range used during the test shall be checked priorto
and after each test in accordance with the following procedure.
(Achronic need for parameter adjustment can indicate a need
forinstrument maintenance.):
(a) The calibration is checked by using a zero gas and a span
gaswhose nominal value is between 75 percent and 100 percent of full-
scale, inclusive, of the measuring range.
(b) After the end of the final mode, a zero gas and the same spangas
will be used for rechecking. As an option, the zero and span maybe
rechecked at the end of each mode or each test segment. Theanalysis will
be considered acceptable if the difference between thetwo measuring
results is less than 2 percent of full scale.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57011, Oct. 23, 1998]
Sec. 89.315 Analyzer bench checks.
(a) Prior to initial use and after major repairs verify that
eachanalyzer complies with the specifications given in Table 3 in
appendixA of this subpart.
(b) If a stainless steel NO2 to NO converter is
used,condition all new or replacement converters. The conditioning
consistsof either purging the converter with air for a minimum of 4
hours oruntil the converter efficiency is greater than 90 percent.
Theconverter must be at operational temperature while purging. Do not
usethis procedure prior to checking converter efficiency on in-
useconverters.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.316 Analyzer leakage and response time.
(a) Vacuum side leak check. (1) Any location within theanalysis
system where a vacuum leak could affect the test results mustbe checked.
(2) The maximum allowable leakage rate on the vacuum side is
0.5percent of the in-use flow rate for the portion of the system
beingchecked. The analyzer flows and bypass flows may be used to
estimatethe in-use flow rates.
(3) The sample probe and the connection between the sample probeand
valve V2 (see Figure 1 in appendix B of this subpart) may beexcluded
from the leak check.
(b) [Reserved]
(c) The response time shall be accounted for in all
emissionmeasurement and calculations.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57011, Oct. 23, 1998]
Sec. 89.317 NOX converter check.
(a) Prior to its introduction into service, and monthlythereafter,
the chemiluminescent oxides of nitrogen analyzer shall bechecked for
NO2 to NO converter efficiency. Figure 2 inappendix B of this
subpart is a reference for the followingparagraphs.
(b) Follow good engineering practices for instrument start-up
andoperation. Adjust the analyzer to optimize performance.
(c) Zero the oxides of nitrogen analyzer with zero-grade air orzero-
grade nitrogen.
(d) Connect the outlet of the NOX generator to thesample
inlet of the oxides of nitrogen analyzer which has been set tothe most
common operating range.
(e) Introduce into the NOX generator analyzer-systeman
NO-in-nitrogen (N2) mixture with an NO concentrationequal to
approximately 80 percent of the most common operating range.The
NO2 content of the gas mixture shall be less than 5percent of
the NO concentration.
(f) With the oxides of nitrogen analyzer in the NO mode, recordthe
concentration of NO indicated by the analyzer.
(g) Turn on the NOX generator O2 (or
air)supply and adjust the O2 (or air) flow rate so that the
NOindicated by the analyzer is about 10 percent less than indicated
inparagraph (f) of this section. Record the concentration of NO in
thisNO+O2 mixture.
[[Page 89]]
(h) Switch the NOX generator to the generationmode and
adjust the generation rate so that the NO measured on theanalyzer is 20
percent of that measured in paragraph (f) of thissection. There must be
at least 10 percent unreacted NO at this point.Record the concentration
of residual NO.
(i) Switch the oxides of nitrogen analyzer to the NOXmode
and measure total NOX. Record this value.
(j) Switch off the NOX generator but maintain gas
flowthrough the system. The oxides of nitrogen analyzer will indicate
theNOX in the NO+O2 mixture. Record this value.
(k) Turn off the NOX generator O2 (or
air)supply. The analyzer will now indicate the NOX in
theoriginal NO-in-N2 mixture. This value should be no
morethan 5 percent above the value indicated in paragraph (f) of
thissection.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57011, Oct. 23, 1998]
Sec. 89.318 Analyzer interference checks.
(a) Gases present in the exhaust other than the one being
analyzedcan interfere with the reading in several ways. Positive
interferenceoccurs in NDIR and PMD instruments when the interfering gas
gives thesame effect as the gas being measured, but to a lesser
degree.Negative interference occurs in NDIR instruments by the
interferinggas broadening the absorption band of the measured gas and in
CLDinstruments by the interfering gas quenching the radiation.
Theinterference checks described in this section are to be made
initiallyand after any major repairs that could affect analyzer
performance.
(b) CO analyzer water and CO2 interferencechecks. Prior
to its introduction into service and annuallythereafter, the NDIR carbon
monoxide analyzer shall be checked forresponse to water vapor and
CO2.
(1) Follow good engineering practices for instrument start-up
andoperation. Adjust the analyzer to optimize performance on the
mostsensitive range to be used.
(2) Zero the carbon monoxide analyzer with either zero-grade airor
zero-grade nitrogen.
(3) Bubble a mixture of 3 percent CO2 inN2
through water at room temperature and record analyzerresponse.
(4) An analyzer response of more than 1 percent of full scale
forranges above 300 ppm full scale or more than 3 ppm on ranges below
300ppm full scale requires corrective action. (Use of
conditioningcolumns is one form of corrective action which may be
taken.)
(c) NOX analyzer quench check. The twogases of concern
for CLD (and HCLD) analyzers are CO2 andwater vapor. Quench
responses to these two gases are proportional totheir concentrations
and, therefore, require test techniques todetermine quench at the
highest expected concentrations experiencedduring testing.
(1) NOX analyzer CO2 quenchcheck. A CO2 span
gas having a concentration of 80percent to 100 percent of full scale of
the maximum operating rangeused during testing shall be passed through
the CO2 NDIRanalyzer and the value recorded as a. It is
dilutedapproximately 50 percent with NO span gas and then passed through
theCO2 NDIR and CLD (or HCLD), with the CO2 andNO
values recorded as b and c respectively. TheCO2 shall then be
shut off and only the NO span gas passedthrough the CLD (or HCLD) and
the NO value recorded as d.Percent CO2 quench shall be
calculated as follows andshall not exceed 3 percent:
[GRAPHIC] [TIFF OMITTED] TR17JN94.001
Where:
a = Undiluted CO2 concentration (percent)
b = Diluted CO2 concentration (percent)
c = Diluted NO concentration (ppm)
d = Undiluted NO concentration (ppm)
(2) NOX analyzer water quench check. (i)This check
applies to wet measurements only. An NO span gas having a
[[Page 90]]
concentration of 80 to 100 percent of full scale of a normaloperating
range shall be passed through the CLD (or HCLD) and theresponse recorded
as D. The NO span gas shall then be bubbled throughwater at room
temperature and passed through the CLD (or HCLD) and theanalyzer
response recorded as AR. Determine and record the bubblerabsolute
operating pressure and the bubbler water temperature. (It isimportant
that the NO span gas contains minimal NO2concentration for
this check. No allowance for absorption ofNO2 in water has
been made in the following quenchcalculations. This test may be
optionally run in the NO mode tominimize the effect of any
NO2 in the NO span gas.)
(ii) Calculations for water quench must consider dilution of theNO
span gas with water vapor and scaling of the water vaporconcentration of
the mixture to that expected during testing.Determine the mixture's
saturated vapor pressure (designated asPwb) that corresponds to the
bubbler water temperature.Calculate the water concentration (Z1,
percent) in the mixture by thefollowing equation:
[GRAPHIC] [TIFF OMITTED] TR17JN94.002
where
GP = analyzer operating pressure (Pa)
(iii) Calculate the expected dilute NO span gas and water
vapormixture concentration (designated as D1) by the followingequation:
[GRAPHIC] [TIFF OMITTED] TR17JN94.003
(iv)(A) The maximum raw or dilute exhaust water vaporconcentration
expected during testing (designated as Wm) can beestimated from the
CO2 span gas (or as defined in theequation in this paragraph
and designated as A) criteria in paragraph(c)(1) of this section and the
assumption of a fuel atom H/C ratio of1.8:1 as:
Wm(%)=0.9xA(%)
Where:
A = maximum CO2 concentration expected in the sample system
duringtesting.
(B) Percent water quench shall not exceed 3 percent and shall
becalculated by:
[GRAPHIC] [TIFF OMITTED] TR23OC98.003
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57011, Oct. 23, 1998; 63 FR 58101, Oct. 29, 1998]
Sec. 89.319 Hydrocarbon analyzer calibration.
(a) The FID hydrocarbon analyzer shall receive the initial
andperiodic calibration as described in this section. The HFID used
withpetroleum-fueled diesel (compression-ignition) engines shall
beoperated to a set point 5.5 [deg]C between 185
and 197[deg]C.
(b) Initial and periodic optimization of detector response.Prior to
introduction into service and at least annually thereafter,adjust the
FID hydrocarbon analyzer for optimum hydrocarbon responseas specified in
this paragraph. Alternate methods yielding equivalentresults may be
used, if approved in advance by the Administrator.
(1) Follow good engineering practices for initial instrumentstart-up
and basic operating adjustment using the appropriate fuel(see Sec.
89.312(e)) and zero-grade air.
(2) Optimize the FID's response on the most common operatingrange.
The response is to be optimized with respect to fuel pressureor flow.
Efforts shall be made to minimize response variations todifferent
hydrocarbon species that are expected to be in the exhaust.Good
engineering judgment is
[[Page 91]]
to be used to trade off optimal FIDresponse to propane-in-air against
reductions in relative responses toother hydrocarbons. A good example of
trading off response on propanefor relative responses to other
hydrocarbon species is given inSociety of Automotive Engineers (SAE)
Paper No. 770141,``Optimization of Flame Ionization Detector for
Determination ofHydrocarbon in Diluted Automotive Exhausts''; author
Glenn D.Reschke. It is also required that the response be set to
optimumcondition with respect to air flow and sample flow. Heated
FlameIonization Detectors (HFIDs) must be at their specified
operatingtemperature. One of the following procedures is required for
FID orHFID optimization:
(i) The procedure outlined in Society of Automotive Engineers(SAE)
paper No. 770141, ``Optimization of a Flame IonizationDetector for
Determination of Hydrocarbon in Diluted AutomotiveExhausts''; author,
Glenn D. Reschke. This procedure has beenincorporated by reference at
Sec. 89.6.
(ii) The HFID optimization procedures outlined in 40 CFR part1065,
subpart D.
(iii) Alternative procedures may be used if approved in advance
bythe Administrator.
(iv) The procedures specified by the manufacturer of the FID orHFID.
(3) After the optimum flow rates have been determined, record
themfor future reference.
(c) Initial and periodic calibration. Prior to introductioninto
service, after any maintenance which could alter calibration, andmonthly
thereafter, the FID or HFID hydrocarbon analyzer shall becalibrated on
all normally used instrument ranges using the steps inthis paragraph
(c). Use the same flow rate and pressures as whenanalyzing samples.
Calibration gases shall be introduced directly atthe analyzer, unless
the ``overflow'' calibration optionof 40 CFR part 1065, subpart F, for
the HFID is taken. New calibrationcurves need not be generated each
month if the existing curve can beverified as continuing to meet the
requirements of paragraph (c)(3) ofthis section.
(1) Adjust analyzer to optimize performance.
(2) Zero the hydrocarbon analyzer with zero-grade air.
(3) Calibrate on each used operating range with propane-in-
air(dilute or raw) or propane-in-nitrogen (raw) calibration gases
havingnominal concentrations starting between 10-15 percent
andincreasing in at least six incremental steps to 90 percent (e.g.,
15,30, 45, 60, 75, and 90 percent of that range) of that range.
Theincremental steps are to be spaced to represent good
engineeringpractice. For each range calibrated, if the deviation from a
least-squares best-fit straight line is 2 percent or less of the value
ateach data point, concentration values may be calculated by use of
asingle calibration factor for that range. If the deviation exceeds
2percent at each non-zero data point and within 0.3 percent offull scale on the zero, the best-fit non-
linear equation whichrepresents the data to within these limits shall be
used to determineconcentration.
(d) Oxygen interference optimization (required for raw).Choose a
range where the oxygen interference check gases will fall inthe upper 50
percent. Conduct the test, as outlined in this paragraph,with the oven
temperature set as required by the instrumentmanufacturer. Oxygen
interference check gas specifications are foundin Sec. 89.312(d).
(1) Zero the analyzer.
(2) Span the analyzer with the 21% oxygen interference gasspecified
in Sec. 89.312(d).
(3) Recheck zero response. If it has changed more than 0.5 percentof
full scale repeat paragraphs (d)(1) and (d)(2) of this section tocorrect
problem.
(4) Introduce the 5 percent and 10 percent oxygen interferencecheck
gases.
(5) Recheck the zero response. If it has changed more 1percent of full scale, repeat the test.
(6) Calculate the percent of oxygen interference (designated
aspercent O2I) for each mixture in paragraph (d)(4) of
thissection.
percent O2I = ((B - C) x 100)/B
Where:
A = hydrocarbon concentration (ppmC) of the span gas used inparagraph
(d)(2) of this section.
[[Page 92]]
B = hydrocarbon concentration (ppmC) of the oxygeninterference check
gases used in paragraph (d)(4) of this section.
C = analyzer response (ppmC) = A/D; where
D = (percent of full-scale analyzer response due to A) x(percent of
full-scale analyzer response due to B)
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57011, Oct. 23, 1998; 70 FR 40445, July 13, 2005]
Sec. 89.320 Carbon monoxide analyzer calibration.
(a) Calibrate the NDIR carbon monoxide as described in thissection.
(b) Initial and periodic interference check. Prior to
itsintroduction into service and annually thereafter, the NDIR
carbonmonoxide analyzer shall be checked for response to water vapor
andCO2 in accordance with Sec. 318.96(b).
(c) Initial and periodic calibration. Prior to itsintroduction into
service, after any maintenance which could altercalibration, and every
two months thereafter, the NDIR carbon monoxideanalyzer shall be
calibrated. New calibration curves need not begenerated every two months
if the existing curve can be verified ascontinuing to meet the
requirements of paragraph (c)(3) of thissection.
(1) Adjust the analyzer to optimize performance.
(2) Zero the carbon monoxide analyzer with either zero-grade airor
zero-grade nitrogen.
(3) Calibrate on each used operating range with carbon monoxide-in-
N2 calibration gases having nominal concentrationsstarting
between 10 and 15 percent and increasing in at least sixincremental
steps to 90 percent (e.g., 15, 30, 45, 60, 75, and 90percent) of that
range. The incremental steps are to be spaced torepresent good
engineering practice. For each range calibrated, if thedeviation from a
least-squares best-fit straight line is 2 percent orless of the value at
each non-zero data point and within 0.3 percent of
full scale on the zero, concentrationvalues may be calculated by use of
a single calibration factor forthat range. If the deviation exceeds
these limits, the best-fit non-linear equation which represents the data
to within these limits shallbe used to determine concentration.
(d) The initial and periodic interference, system check,
andcalibration test procedures specified in 40 CFR part 1065 may be
usedin lieu of the procedures specified in this section.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57012, Oct. 23, 1998; 70 FR 40445, July 13, 2005]
Sec. 89.321 Oxides of nitrogen analyzer calibration.
(a) The chemiluminescent oxides of nitrogen analyzer shall
receivethe initial and periodic calibration described in this section.
(b) Prior to its introduction into service, and monthlythereafter,
the chemiluminescent oxides of nitrogen analyzer ischecked for
NO2 to NO converter efficiency according toSec. 89.317.
(c) Initial and periodic calibration. Prior to itsintroduction into
service, after any maintenance which could altercalibration, and monthly
thereafter, the chemiluminescent oxides ofnitrogen analyzer shall be
calibrated on all normally used instrumentranges. New calibration curves
need not be generated each month if theexisting curve can be verified as
continuing to meet the requirementsof paragraph (c)(3) of this section.
Use the same flow rate as whenanalyzing samples. Proceed as follows:
(1) Adjust analyzer to optimize performance.
(2) Zero the oxides of nitrogen analyzer with zero-grade air orzero-
grade nitrogen.
(3) Calibrate on each normally used operating range with NO-in-
N2 calibration gases with nominal concentrations startingat
between 10 and 15 percent and increasing in at least sixincremental
steps to 90 percent (e.g., 15, 30, 45, 60, 75, and 90percent) of that
range. The incremental steps are to be spaced torepresent good
engineering practice. For each range calibrated, if thedeviation from a
least-squares best-fit straight line is 2 percent orless of the value at
each non-zero data point and within 0.3 percent of
full scale on the zero, concentrationvalues may be calculated by use of
a single calibration factor forthat range. If the deviation exceeds
these limits, the best-fit non-linear equation which represents the data
to within these limits shallbe used to determine concentration.
[[Page 93]]
(d) The initial and periodic interference, system check,
andcalibration test procedures specified in 40 CFR part 1065 may be
usedin lieu of the procedures specified in this section.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57012, Oct. 23, 1998; 70 FR 40445, July 13, 2005]
Sec. 89.322 Carbon dioxide analyzer calibration.
(a) Prior to its introduction into service, after any
maintenancewhich could alter calibration, and bi-monthly thereafter, the
NDIRcarbon dioxide analyzer shall be calibrated on all normally
usedinstrument ranges. New calibration curves need not be generated
eachmonth if the existing curve can be verified as continuing to meet
therequirements of paragraph (a)(3) of this section. Proceed as follows:
(1) Follow good engineering practices for instrument start-up
andoperation. Adjust the analyzer to optimize performance.
(2) Zero the carbon dioxide analyzer with either zero-grade air
orzero-grade nitrogen.
(3) Calibrate on each normally used operating range with
carbondioxide-in-N2 calibration or span gases having
nominalconcentrations starting between 10 and 15 percent and increasing
in atleast six incremental steps to 90 percent (e.g., 15, 30, 45, 60,
75,and 90 percent) of that range. The incremental steps are to be
spacedto represent good engineering practice. For each range calibrated,
ifthe deviation from a least-squares best-fit straight line is 2
percentor less of the value at each non-zero data point and within 0.3 percent of full scale on the zero,
concentrationvalues may be calculated by use of a single calibration
factor forthat range. If the deviation exceeds these limits, the best-
fit non-linear equation which represents the data to within these limits
shallbe used to determine concentration.
(b) The initial and periodic interference, system check,
andcalibration test procedures specified in 40 CFR part 1065 may be
usedin lieu of the procedures in this section.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57012, Oct. 23, 1998; 70 FR 40445, July 13, 2005]
Sec. 89.323 NDIR analyzer calibration.
(a) Detector optimization. If necessary, follow theinstrument
manufacturer's instructions for initial start-up and basicoperating
adjustments.
(b) Calibration curve. Develop a calibration curve for eachrange
used as follows:
(1) Zero the analyzer.
(2) Span the analyzer to give a response of approximately 90percent
of full-scale chart deflection.
(3) Recheck the zero response. If it has changed more than
0.5percent of full scale, repeat the steps given in paragraphs (b)(1)
and(b)(2) of this section.
(4) Record the response of calibration gases having
nominalconcentrations starting between 10 and 15 percent and increasing
in atleast six incremental steps to 90 percent of that range.
Theincremental steps are to be spaced to represent good
engineeringpractice.
(5) Generate a calibration curve. The calibration curve shall beof
fourth order or less, have five or fewer coefficients. If any rangeis
within 2 percent of being linear a linear calibration may be
used.Include zero as a data point. Compensation for known impurities in
thezero gas can be made to the zero-data point. The calibration
curvemust fit the data points within 2 percent of point.
(6) Optional. A new calibration curve need not be generated if:
(i) A calibration curve conforming to paragraph (b)(5) of
thissection exists; or
(ii) The responses generated in paragraph (b)(4) of this sectionare
within 1 percent of full scale or 2 percent of point, whichever isless,
of the responses predicted by the calibration curve for thegases used in
paragraph (b)(4) of this section.
(7) If multiple range analyzers are used, the lowest range usedmust
meet the curve fit requirements below 15 percent of full scale.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.324 Calibration of other equipment.
(a) Other test equipment used for testing shall be calibrated
asoften as
[[Page 94]]
required by the instrument manufacturer or necessaryaccording to good
practice.
(b) If a methane analyzer is used, the methane analyzer shall
becalibrated prior to introduction into service and monthly thereafter:
(1) Follow the manufacturer's instructions for instrument startupand
operation. Adjust the analyzer to optimize performance.
(2) Zero the methane analyzer with zero-grade air.
(3) Calibrate on each normally used operating range
withCH4 in air with nominal concentrations starting between
10and 15 percent and increasing in at least six incremental steps to
90percent (e.g., 15, 30, 45, 60, 75, and 90 percent) of that range.
Theincremental steps are to be spaced to represent good
engineeringpractice. For each range calibrated, if the deviation from a
least-squares best-fit straight line is 2 percent or less of the value
ateach non-zero data point and within 0.3 percent
offull scale on the zero, concentration values may be calculated by
useof a single calibration factor for that range. If the
deviationexceeds these limits, the best-fit non-linear equation
whichrepresents the data to within these limits shall be used to
determineconcentration.
[63 FR 57013, Oct. 23, 1998]
Sec. 89.325 Engine intake air temperature measurement.
(a) Engine intake air temperature measurement must be made within122
cm of the engine. The measurement location must be made either inthe
supply system or in the air stream entering the supply system.
(b) The temperature measurements shall be accurate to within2 [deg]C.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.326 Engine intake air humidity measurement.
(a) Humidity conditioned air supply. Air that has had itsabsolute
humidity altered is considered humidity- conditioned air. Forthis type
of intake air supply, the humidity measurements must be madewithin the
intake air supply system and after the humidityconditioning has taken
place.
(b) Nonconditioned air supply procedure. Humiditymeasurements in
nonconditioned intake air supply systems must be madein the intake air
stream entering the supply system. Alternatively,the humidity
measurements can be measured within the intake air supplystream.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.327 Charge cooling.
For engines with an air-to-air intercooler (or any other
lowtemperature charge air cooling device) between the
turbochargercompressor and the intake manifold, follow SAE J1937. This
procedurehas been incorporated by reference. See Sec. 89.6.
Thetemperature of the cooling medium and the temperature of the
chargeair shall be monitored and recorded.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.328 Inlet and exhaust restrictions.
(a) The manufacturer is liable for emission compliance over thefull
range of restrictions that are specified by the manufacturer forthat
particular engine.
(b) Perform testing at the following inlet and exhaust
restrictionsettings.
(1) Equip the test engine with an air inlet system presenting anair
inlet restriction within 5 percent of the upper limit at maximumair
flow, as specified by the engine manufacturer for a clean aircleaner. A
system representative of the installed engine may be used.In other cases
a test shop system may be used.
(2) The exhaust backpressure must be within 5 percent of the
upperlimit at maximum declared power, as specified by the
enginemanufacturer. A system representative of the installed engine may
beused. In other cases a test shop system may be used.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57013, Oct. 23, 1998]
Sec. 89.329 Engine cooling system.
An engine cooling system is required with sufficient capacity
tomaintain
[[Page 95]]
the engine at normal operating temperatures as prescribedby the engine
manufacturer.
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. 89.330 Lubricating oil and test fuels.
(a) Lubricating oil. Use the engine lubricating oil fortesting that
meets the requirements as specified by the manufacturerfor a particular
engine and intended usage. Record the specificationsof the lubricating
oil used for the test.
(b) Test fuels. (1) Use diesel fuels for testing which areclean and
bright, with pour and cloud points adequate for operability.The diesel
fuel may contain nonmetallic additives as follows: Cetaneimprover, metal
deactivator, antioxidant, dehazer, antirust, pourdepressant, dye,
dispersant, and biocide.
(2) Use petroleum fuel meeting the specifications in Table 4
inAppendix A of this subpart, or substantially equivalent
specificationsapproved by the Administrator, for exhaust emission
testing. The gradeof diesel fuel used must be commercially designated as
``Type2-D'' grade diesel fuel and recommended by the enginemanufacturer.
(3) Testing of Tier 1 and Tier 2 engines rated under 37 kW andTier 2
and Tier 3 engines rated at or above 37 kW that is conducted bythe
Administrator shall be performed using test fuels that meet
thespecifications in Table 4 in Appendix A of this subpart and that
havea sulfur content no higher than 0.20 weight percent.
(c) Other fuels may be used for testing provided they meet
thefollowing qualifications:
(1) They are commercially available;
(2) Information acceptable to the Administrator is provided toshow
that only the designated fuel would be used in customer service;
(3) Use of a fuel listed under paragraph (b) of this section
wouldhave a detrimental effect on emissions or durability; and
(4) Fuel specifications are approved in writing by theAdministrator
prior to the start of testing.
(d) Report the specification range of the fuel to be used
underparagraphs (b)(2) and (c)(1) through (c)(4) of this section in
theapplication for certification in accordance with Sec. 89.115(a)(8).
(e) Low-sulfur test fuel. (1) Upon request, for enginesrated at or
above 75 kW in model years 2006 or 2007, the diesel testfuel may be the
low-sulfur diesel test fuel specified in 40 CFR part1065, subject to the
provisions of this paragraph (e)(1).
(i) To use this option, the manufacturer must--
(A) Ensure that ultimate purchasers of equipment using theseengines
are informed that the use of fuel meeting the 500 ppmspecification is
recommended.
(B) Recommend to equipment manufacturers that a label be appliedat
the fuel inlet recommending 500 ppm fuel.
(ii) None of the engines in the engine family may employ sulfur-
sensitive technologies.
(iii) For engines rated at or above 130 kW, this option may beused
in 2006 and 2007. For engines rated at or above 75 kW and under130 kW,
this option may be used only in 2007.
(2) For model years 2008 through 2010, except as otherwiseprovided,
the diesel test fuel shall be the low-sulfur diesel testfuel specified
in 40 CFR part 1065.
(3) The diesel test fuel shall be the ultra low-sulfur diesel
testfuel specified in 40 CFR part 1065 for model years 2011 and later.
(4) For model years 2007 through 2010 engines that use sulfur-
sensitive emission-control technology, the diesel test fuel is theultra
low-sulfur fuel specified in 40 CFR part 1065 if themanufacturer
demonstrates that the in-use engines will use only fuelwith 15 ppm or
less of sulfur.
(5) Instead of the test fuels described in paragraphs (e)(2)through
(4) of this section, for model years 2008 and later,manufacturers may
use the test fuel described in appendix A of thissubpart. In such cases,
the test fuel described in appendix A of thissubpart shall be the test
fuel for all manufacturer and EPA testing.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR56995,
57013, Oct. 23, 1998; 69 FR 39213, June 29, 2004]
Sec. 89.331 Test conditions.
(a) General requirements. Calculate all volumes andvolumetric flow
rates at
[[Page 96]]
standard conditions for temperature andpressure (0 [deg]C and 101.3
kPa), and these conditions must be usedconsistently throughout all
calculations.
(b) Engine test conditions. Measure the absolute
temperature(designated as T and expressed in Kelvin) of the engine air
atthe inlet to the engine, and the dry atmospheric pressure
(designatedas p and expressed in kPa), and determine the parameter
faccording to the following provisions:
(1) Naturally aspirated and mechanically supercharged engines:
[GRAPHIC] [TIFF OMITTED] TR17JN94.008
(2) Turbocharged engine with or without cooling of inlet air:
[GRAPHIC] [TIFF OMITTED] TR17JN94.009
(c) For a test to be recognized as valid, the parameter fshall be
between the limits as shown below:
[GRAPHIC] [TIFF OMITTED] TR17JN94.010
[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct.23, 1998]
Sec. Appendix A to Subpart D of Part89--Tables
Table 1--Abbreviations Usedin Subpart D
CLD............................... Chemiluminescent detector.
CO................................ Carbon monoxide.
CO2............................... Carbon dioxide.
HC................................ Hydrocarbons.
HCLD.............................. Heated chemiluminescent detector.
HFID.............................. Heated flame ionization detector.
GC................................ Gas chromatograph.
NDIR.............................. Non-dispersive infra-red analyzer.
NIST.............................. National Institute for Standards and
Testing.
NO................................ Nitric Oxide.
NO2............................... Nitrogen Dioxide.
NOX............................... Oxides of nitrogen.
O2................................ Oxygen.
Table 2--Symbols Used in Subparts Dand E
------------------------------------------------------------------------
Symbol Term Unit
------------------------------------------------------------------------
conc......... Concentration (ppm by volume).............. ppm
f............ Engine specific parameter considering
atmospheric conditions
FFCB......... Fuel specific factor for the carbon
balancecalculation
FFD.......... Fuel specific factor for exhaust
flowcalculation on dry basis
FFH.......... Fuel specific factor representing the
hydrogento carbon ratio
FFW.......... Fuel specific factor for exhaust
flowcalculation on wet basis
FR........... Rate of fuel consumed...................... g/h
GAIRW........ Intake air mass flow rate on wet basis..... kg/h
GAIRD........ Intake air mass flow rate on dry basis..... kg/h
GEXHW........ Exhaust gas mass flow rate on wet basis.... kg/h
GFuel........ Fuel mass flow rate........................ kg/h
H............ Absolute humidity (water content related to g/kg
dry air).
i............ Subscript denoting an individual mode
KH........... Humidity correction factor
L............ Percent torque related to maximum torque %
for the test mode.
mass......... Pollutant mass flow........................ g/h
nd, i........ Engine speed (average at the i'th 1/min
modeduring the cycle).
Ps........... Dry atmospheric pressure................... kPa
Pd........... Test ambient saturation vapor pressure at kPa
ambienttemperature.
P............ Observed brake power output uncorrected.... kW
PAUX......... Declared total power absorbed by kW
auxiliariesfitted for the test.
PM........... Maximum power measured at the test speed kW
undertest conditions.
Pi........... Pi = PM, i +PAUX, i
PB........... Total barometric pressure (average of the kPa
pre-testand post-test values).
Pv........... Saturation pressure at dew point kPa
temperature.
Ra........... Relative humidity of the ambient air....... %
S............ Dynamometer setting........................ kW
T............ Absolute temperature at air inlet.......... K
Tbe.......... Air temperature after the charge air cooler K
(ifapplicable) (average).
Tclout....... Coolant temperature outlet (average)....... K
TDd.......... Absolute dewpoint temperature.............. K
Td, i........ Torque (average at the i'th mode duringthe N-m
cycle).
TSC.......... Temperature of the intercooled air......... K
Tref......... Reference temperature...................... K
VEXHD........ Exhaust gas volume flow rate on drybasis... m\3\/h
VAIRW........ Intake air volume flow rate on wetbasis.... m\3\/h
PB........... Total barometric pressure.................. kPa
VEXHW........ Exhaust gas volume flow rate on wetbasis... m\3\/h
WF........... Weighing factor
[[Page 97]]
WFE.......... Effective weighing factor
------------------------------------------------------------------------
Table 3--Measurement Accuracy andCalibration Frequency
------------------------------------------------------------------------
Calibrationaccuracy Calibration
No. Item \1\ frequency
------------------------------------------------------------------------
1 Engine speed........... 2%.
2 Torque................. Larger of 2% of
point or 1% of
enginemaximum.
3 Fuel consumption (raw 2% of
enginemaximum.
4 Air consumption (raw 2% of
enginemaximum.
5 Coolant temperature.... 2[deg]K.
6 Lubricant temperature.. 2[deg]K.
7 Exhaust backpressure... 1.0% of engine
maximum.
8 Inlet depression....... 1.0% of engine maximum As required.
9 Exhaust gas temperature