[Federal Register Volume 69, Number 175 (Friday, September 10, 2004)]
[Proposed Rules]
[Pages 54846-55015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19223]
[[Page 54845]]
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Part II
Environmental Protection Agency
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40 CFR Parts 85, 86, 90, et al.
Test Procedures for Testing Highway and Nonroad Engines and Omnibus
Technical Amendments; Proposed Rule
Federal Register / Vol. 69, No. 175 / Friday, September 10, 2004 /
Proposed Rules
[[Page 54846]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85, 86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1065,
and 1068
[AMS-FRL-7803-7]
RIN 2060-AM35
Test Procedures for Testing Highway and Nonroad Engines and
Omnibus Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed regulation aims to revise and harmonize test
procedures from the various EPA programs for controlling engine
emissions. It will not address emission standards, nor is it intended
to change the emission reductions expected from these EPA programs.
Rather, it proposes to amend the regulations, which contain laboratory
specifications for equipment and test fuels, instructions for preparing
engines and running tests, calculations for determining final emission
levels from measured values, and instructions for running emission
tests using portable measurement devices outside the laboratory. These
regulations currently apply to land-based nonroad diesel engines, land-
based nonroad spark-ignition engines over 19 kilowatts, and
recreational vehicles. These proposed revisions will update the
regulations to deal more effectively with the more stringent standards
recently promulgated by EPA and will also clarify and better define
certain elements of the required test procedures. In particular, the
proposed amendments will better specify the procedures applicable to
field testing under the regulations.
This action also proposes to apply the regulations to highway
heavy-duty diesel engine regulations. This action is appropriate
because EPA has historically drafted a full set of testing
specifications for each vehicle or engine category subject to emission
standards as each program was developed over the past three decades.
This patchwork approach has led to some variation in test parameters
across programs, which we hope to address by adopting a common set of
test requirements. The primary goal of this effort is to create unified
testing requirements for all engines, which when implemented will
streamline laboratory efforts for EPA and industry.
This action will also include other technical changes intended to
clarify and better define requirements for several different EPA engine
programs. These changes are relatively minor and are technical in
scope.
DATES: Comments: Send written comments on this proposed rule by October
29, 2004. See Section IV of the SUPPLEMENTARY INFORMATION section for
more information about written comments.
Hearings: We will hold an informal public workshop in Ann Arbor on
October 1, 2004. If anyone requests a public hearing , we will hold it
on September 27, 2004. To request a public hearing, send a request to
the contact in FOR FURTHER INFORMATION CONTACT by September 20, 2004.
See Section III for more information about public workshops and
hearings.
ADDRESSES: You may submit comments, identified by docket number OAR-
2004-0017, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. Follow the
instructions for submitting comments. Note that this is not available
until after this proposal is published in the Federal Register.
E-mail: [email protected]. Specify docket number OAR-2004-0017
in the body of the message.
Fax: (202) 260-4400.
Mail or Hand Delivery: Environmental Protection Agency, Air Docket,
Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460.
Hand Delivery or Courier: EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC., Attention
Docket ID No. A-2001-28. Such deliveries are only accepted during the
Docket's normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.
Instructions: Include the agency name and docket number in all
submissions for this rulemaking. All comments received will be posted
without change to http://www.epa.gov/edocket, including any personal
information provided. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to read background documents or
comments received, go to the Web site at the URL identified above or to
the Air Docket at the address identified above.
FOR FURTHER INFORMATION CONTACT: Alan Stout, U.S. EPA, Voice-mail (734)
214-4636; E-mail: [email protected]
SUPPLEMENTARY INFORMATION:
A. Regulated Entities
This proposed action would affect companies that manufacture or
sell engines. Regulated categories and entities include:
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Category NAICS Codes a Examples of potentially regulated entities
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Industry................................ 333618 Manufacturers of new engines.
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b North American Industry Classification System (NAICS).
This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be regulated by this action. To
determine whether particular activities may be regulated by this
action, you should carefully examine the proposed regulations. You may
direct questions regarding the applicability of this action to the
person listed in FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OAR-2004-0017. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Documents in the official
public docket are listed in the index list in EPA's electronic public
docket and comment system, EDOCKET. Documents may be available either
electronically or in hard copy. Electronic documents may be viewed
through EDOCKET. Hard copy documents may be viewed at the EPA
[[Page 54847]]
Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. Docket in The EPA Docket Center Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is (202) 566-1744.
This proposal relies in part on information related to our November
2002 final rule, which can be found in Public Docket A-2000-01. This
docket is incorporated by reference into the docket for this action,
OAR-2004-0017.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/ Or you can go to the federal-
wide eRulemaking site at http://www.regulations.gov.
An electronic version of the public docket is available through
EDOCKET. You may use EDOCKET at http://www.epa.gov/edocket/ to submit
or view public comments, access the index listing of the contents of
the official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
Certain types of information will not be placed in the EDOCKET.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EDOCKET, the system will identify whether the document is
available for viewing in EPA's electronic public docket. Publicly
available docket materials that are not available electronically may be
viewed at the docket facility identified in Unit I.B. EPA intends to
work towards providing electronic access to all of the publicly
available docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
We are opening a formal comment period by publishing this document.
We will accept comments for the period indicated under DATES above. If
you have an interest in the program described in this document, we
encourage you to comment on any aspect of this rulemaking.
Your comments will be most useful if you include appropriate and
detailed supporting rationale, data, and analysis. If you disagree with
parts of the proposal, we encourage you to suggest and analyze
alternate approaches to meeting the air quality goals described in this
proposal. You should send all comments, except those containing
proprietary information, to our Air Docket (see ADDRESSES) before the
end of the comment period.
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the body of your comment.
Submit your comments within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. If you wish to
submit CBI or information that is otherwise protected by statute,
please follow the instructions in Section IX.D. Do not use EPA Dockets
or e-mail to submit CBI or information protected by statute.
1. Electronically
If you submit an electronic comment as prescribed below, we
recommend that you include your name, mailing address, and an e-mail
address or other contact information in the body of your comment. Also
include this contact information on the outside of any disk or CD ROM
you submit, and in any cover letter accompanying the disk or CD ROM.
This ensures that you can be identified as the submitter of the comment
and allows us to contact you if we cannot read your comment or if we
need further information on the substance of your comment. Our policy
is that we will not edit your comment; any identifying or contact
information provided in the body of a comment will be included as part
of the comment that is placed in the official public docket and made
available in EPA's electronic public docket. If we cannot read your
comment due to technical difficulties and cannot contact you for
clarification, we may not be able to consider your comment.
i. EPA Dockets
To submit comments on EPA's electronic public docket, go directly
to EPA Dockets at http://www.epa.gov/edocket and follow the online
instructions for submitting comments. To access EPA's electronic public
docket from the EPA Internet Home Page, select ``Information Sources,''
``Dockets,'' and ``EPA Dockets.'' Once in the system, select ``Quick
Search,'' and then key in Docket ID No. OAR-2004-0017. The system is an
``anonymous access'' system, which means we will not know your
identity, e-mail address, or other contact information unless you
provide it in the body of your comment.
ii. E-Mail
Comments may be sent by electronic mail to [email protected].
In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send a comment via
electronic mail directly to the Docket without going through EPA's
electronic public docket, the e-mail system automatically captures your
e-mail address. E-mail addresses that are automatically captured are
included and made available as part of the comment that is placed in
the official public docket.
iii. Disk or CD ROM
You may submit comments on a disk or CD ROM that you send to the
mailing address identified in Section IX.A.2 below. Avoid the use of
special software, characters, and any form of encryption.
2. By Mail
Send your comments to: Air Docket, Environmental Protection Agency,
[[Page 54848]]
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460.
3. By Hand Delivery or Courier
Deliver your comments to: EPA Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC., Attention
Docket ID No. A-2001-28. Such deliveries are only accepted during the
Docket's normal hours of operation from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the following
address: U.S. Environmental Protection Agency, Assessment and Standards
Division, 2000 Traverwood Drive, Ann Arbor, MI, 48105, Attention Docket
No. OAR-2004-0017. You may claim information that you submit to EPA as
CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
Table of Contents
I. Modified Test Procedures for Highway and Nonroad Engines
A. Incorporation of Nonroad Test Procedures for Heavy Duty
Highway Engines
B. Revisions to Part 1065
II. Technical Amendments
A. Definitions and Penalties
B. Nonroad general compliance provisions (40 CFR part 1068)
C. Land-based nonroad diesel engines (40 CFR parts 89 and 1039)
D. Marine diesel engines (40 CFR part 94)
E. Small nonroad spark-ignition engines (40 CFR part 90)
F. Marine spark-ignition engines (40 CFR part 91)
G. Large nonroad spark-ignition engines (40 CFR part 1048)
H. Recreational vehicles (40 CFR part 1051)
I. Locomotives (40 CFR part 92)
J. Highway engines and vehicles (40 CFR part 86)
III. Public Participation
IV. Statutory and Executive Order Reviews
V. Statutory Provisions and Legal Authority
I. Modified Test Procedures for Highway and Nonroad Engines
A. Incorporation of Nonroad Test Procedures for Heavy Duty Highway
Engines
As part of our initiative to update the content, organization and
writing style of our regulations, we are proposing revisions to our
test procedures.\1\ We have grouped all of our engine dynamometer and
field testing test procedures into one part entitled, ``Part 1065: Test
Procedures.'' For each engine or vehicle sector for which we have
recently promulgated standards (such as land-based nonroad diesel
engines or recreational vehicles), we identified an individual part as
the standard-setting part for that sector. These standard-setting parts
then refer to one common set of test procedures in part 1065. We intend
in this rule to continue this process of having all our engine programs
refer to a common set of procedures by applying part 1065 to all heavy-
duty highway engines.
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\1\ For an overview of our new regulatory organization, refer to
our fact sheet entitled, ``Plain-Language Format of Emission
Regulations for Nonroad Engines'' EPA420-F-02-046, September 2002
http://www.epa.gov/otag/largesi.htm.
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In the past, each engine or vehicle sector had its own set of
testing procedures. There are many similarities in test procedures
across the various sectors. However, as we introduced new regulations
for individual sectors, the more recent regulations featured test
procedure updates and improvements that the other sectors did not have.
As this process continued, we recognized that a single set of test
procedures would allow for improvements to occur simultaneously across
engine and vehicle sectors. A single set of test procedures is easier
to understand than trying to understand many different sets of
procedures, and it is easier to move toward international test
procedure harmonization if we only have one set of test procedures. We
note that procedures that are particular for different types of engines
or vehicles, for example, test schedules designed to reflect the
conditions expected in use for particular types of vehicles or engines,
will remain separate and would be reflected in the standard-setting
parts of the regulations.
In addition to reorganizing and rewriting the test procedures for
improved clarity, we are proposing to make a variety of changes to
improve the content of the testing specifications, including the
following:
Writing specifications and calculations in international
units
Adding procedures by which manufacturers can demonstrate
that alternate test procedures are equivalent to specified procedures.
Including specifications for new measurement technology
that has been shown to be equivalent or more accurate than existing
technology; procedures that improve test repeatability, calculations
that simplify emissions determination; new procedures for field testing
engines, and a more comprehensive set of definitions, references, and
symbols.
Defining calibration and accuracy specifications that are
scaled to the applicable standard, which allows us to adopt a single
specification that applies to a wide range of engine sizes and
applications.
Some emission-control programs already rely on the test procedures
in part 1065. These programs regulate land-based nonroad diesel
engines, recreational vehicles, and nonroad spark-ignition engines over
19 kW.
In this document, we are proposing to adopt the lab-testing and
field-testing specifications in part 1065 for all heavy-duty highway
engines, as described in Section II.J. These procedures would replace
those currently published in subpart N in 40 CFR part 86. We are
proposing a gradual transition from the part 86 procedures. We will
allow the use of part 1065 procedures beginning in the 2006 model year.
By the 2008 model year, part 1065 procedures will be required for any
new testing. For all testing completed for 2007 and earlier model
years, manufacturers may continue to rely on carryover test data based
on part 86 procedures to certify engine families in later years. In
addition, other subparts in part 86, as well as regulations for many
different nonroad engines refer to the test procedures in part 86. We
are including updated references for all these other programs to refer
instead to the appropriate cite in part 1065.
Part 1065 is also advantageous for in-use testing because it
specifies the same procedures for all common parts of field testing and
laboratory testing. It also contains new provisions that help
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ensure that engines are tested in a laboratory in a way that is
consistent with how they operate in use. These new provisions will
ensure that engine dynamometer lab testing and field testing are
conducted in a consistent way.
In the future, we may propose to apply the test procedures
specified in part 1065 to other types of engines, so we encourage
companies involved in producing or testing other engines to stay
informed of developments related to these test procedures. We also
request comment on whether we should make part 1065 applicable for
light-duty vehicles, light-duty trucks, motorcycles, and aircraft in
the future. Although light-duty vehicles, light-duty trucks, and
motorcycles are tested on chassis dynamometers, rather than engine
dynamometers, there are several aspects of testing that are common. For
example, emission sampling systems, dilution systems, gas analyzers, PM
measurement equipment, some test sequences, fuels, analytical gas
standards, and specifications related to oxygenated fuels are all
similar. However, there are differences, such as chassis dynamometer
specifications, vehicle intake air, exhaust system, and coolant
specifications, some test sequences such as evaporative and refueling
tests, vehicle preparation, and some emission calculations (e.g., g/mi
vs g/kW-hr) that would have to be addressed in any future decision to
apply part 1065 to these engines.
Although testing aircraft engines requires some special provisions,
there are several aspects of testing that are common, such as emission
sampling systems, dilution systems, gas analyzers, PM measurement
equipment, some test sequences, fuels, analytical gas standards, and
specifications related to oxygenated fuels.
B. Revisions to Part 1065
Part 1065 was originally adopted on November 8, 2002 (67 FR 68242),
and was initially applicable to standards regulating large nonroad
spark-ignition engines and recreational vehicles under 40 CFR parts
1048 and 1051. The recent rulemaking adopting emission standards for
nonroad diesel engines has also made part 1065 optional for Tier 2 and
Tier 3 standards and required for Tier 4 standards. The test procedures
currently in part 1065 are sufficient to conduct testing, but we are
proposing to reorganize and add content to improve these procedures. In
particular, we propose to reorganize part 1065 by subparts as shown
below:
Subpart A: General provisions; global information on applicability,
alternate procedures units of measure, etc.
Subpart B: equipment specifications; required hardware for testing
Subpart C: measurement instruments
Subpart D: calibration and performance checks; for measurement
systems
Subpart E: engine selection, preparation, and maintenance
Subpart F: test protocols; step-by-step sequences for testing and
test validation.
Subpart G: calculations and required information
Subpart H: fuels, fluids, and analytical gases
Subpart I: oxygenated fuels; special test procedures
Subpart J: field testing
Subpart K: definitions, references, and symbols
We propose to scale specifications for test equipment and
measurement instruments by parameters such as engine power, engine
speed and the emission standards to which an engine must comply. That
way a single set of specifications will cover the full range of engine
sizes and our full range of emission standards and our regulations will
therefore specify equipment and instruments that are appropriate for a
given engine size and emission standard. Manufacturers will be able to
use these specifications to determine what range of engines and
emission standards may be tested using a given laboratory or field
testing system.
The new content that we are proposing for part 1065 is mostly a
combination of content from our most recent updates to other test
procedures and from test procedures specified by the International
Organization for Standardization (ISO). In some cases, however, new
content is proposed that never existed in previous regulations. This
new content addresses very recent issues such as measuring very low
concentrations of emissions, using new measurement technology, and
performing field testing. A full description of the changes is in the
Technical Support Document that accompanies this proposal (this
document is available in the docket for this rulemaking).
The new content we are proposing also reflects a shift in our
philosophy for specifying measurement performance. In the past we
specified numerous calibration accuracies for individual measurement
instruments, and we specified some performance checks for individual
components, such as NO2 to NO converters. We have shifted
our focus away from individual instruments and toward the overall
performance of complete measurement systems. We did this for several
reasons. First, some of what we specified in the past precluded the
implementation of new measurement technologies. These new technologies,
sometimes called ``smart analyzers'', combine signals from multiple
instruments to compensate for interferences that were previously
tolerable at higher emissions levels. These analyzers are useful for
detecting low concentrations of emissions. They are also useful for
detecting emissions from raw exhaust, which can contain high
concentrations of interferences, such as water vapor. This is
particularly important for field testing, which will most likely rely
upon raw exhaust measurements. Second, this new ``systems approach''
challenges complete measurement systems with a series of periodic
performance checks, which we feel will provide a more robust assurance
that a measurement system as a whole is operating properly. Third, the
systems approach provides a direct pathway to demonstrate that a field
test system performs similarly to a laboratory system. This is
explained in more detail in item 10., below. Finally, we feel that our
systems approach will lead to a more efficient way of assuring
measurement performance in the laboratory and in the field. We believe
that this efficiency will stem from less frequent individual instrument
calibrations, and higher confidence that a complete measurement system
is operating properly.
We organized the new content relating to measurement performance
into subparts C, D, F, and J. We specified measurement instruments in
subpart C and periodic performance checks in subpart D. These two
subparts apply to both laboratory and field testing. We organized
content specific to laboratory testing in subpart F, and specific to
field testing in subpart J.
In subpart C we specified the types of acceptable instruments, but
we only recommend individual instrument performance. We provided these
recommendations as guidance for procuring new instruments. We feel that
the periodic performance checks that we required in subpart D will
sufficiently evaluate the individual instruments as part of an overall
measurement system. In subpart F we specified measurement performance
validations that must be conducted as part of every laboratory test. In
subpart J we specified similar measurement performance validations for
field testing that must be conducted as part of every field test. We
feel that the periodic performance checks in subpart D and the
validations in subparts F and J that are required for every test ensure
that complete measurement systems are operating properly.
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In subpart J we also specified an additional overall performance
check for a field test system. This check is a comprehensive comparison
of a field test system versus a laboratory, and it may take several
days of laboratory time to set up, run, and evaluate. We propose that
this performance check must be performed at least once for a given
make, model, and configuration of a field test system. We request
comment on whether or not we should additionally require that this
check be performed on every individual field test system at least once.
We request comment on whether or not we should require the end-user of
a field test system to perform this overall check. We believe that the
performance checks in subpart D and the test validations in subpart J
will ensure that an individual field test system is operating properly,
however, we request comment on whether or not this comprehensive
overall check must also be required to completely ensure proper
operation of an individual field test system.
Below is a brief description of the content of each subpart,
highlighting some of the new content.
1. Subpart A General Provisions
In Subpart A we identify the applicability of part 1065 and
describe how procedures other than those in part 1065 may be used to
comply with a standard-setting part. We specify that testing must be
conducted in a way that represents in-use engine operation, such that
in the rare case where provisions in part 1065 result in
unrepresentative testing, other procedures would be used. In subpart A
we indicate the conventions we use regarding units and certain
measurements and we discuss recordkeeping. We also provide an overview
of how emissions and other information are used to determine final
emission results. The regulations in Sec. 1065.15 include a figure
illustrating the different ways we allow brake-specific emissions to be
calculated.
In Subpart A we describe how continuous and batch sampling may be
used to determine total emissions. We also describe the two ways of
determining total work. Note that the figure indicates our default
procedures and those procedures that would require additional approval
before we would allow them for use.
2. Subpart B Equipment Specifications
Subpart B first describes engine and dynamometer related systems.
Many of these specifications are scaled to an engine's size, speed,
torque, exhaust flow rate, etc. We specify the use of in-use engine
subsystems such as air intake systems wherever possible in order to
best represent in-use operation when an engine is tested in a
laboratory.
Subpart B next describes sampling dilution systems. These include
specifications for the allowable components, materials, pressures, and
temperatures. We describe how to sample crankcase emissions. We also
propose to allow limited use of partial-flow dilution for PM sampling.
We request comment on whether or not our specifications for partial-
flow dilution and our specifications for proportional-sampling
validation (i.e., Sec. 1065.140(d) and Sec. 1065.545) are sufficient
for us to allow partial-flow dilution for all PM sampling without
requiring alternate system approval.
Subpart B also specifies environmental conditions for PM filter
stabilization and weighing. Although these provisions mostly come from
our recent update to part 86, subpart N, we also describe some new
aspects in detail.
The regulations in Sec. 1065.101 include a diagram illustrating
all the available equipment for measuring emissions.
3. Subpart C Measurement Instruments
Subpart C specifies the requirements for the measurement
instruments used for testing. In subpart C we recommend accuracy,
repeatability, noise, and response time specifications for individual
measurement instruments, but note that we require that overall
measurement systems meet the calibration and performance checks in
Subpart D.
In some cases we allow new instrument types to be used where we
previously did not allow them. For example, we propose to allow the use
of a nonmethane cutter for NMHC measurement, we propose to allow the
use of non-dispersive ultra-violet analyzers for NOX
measurement, we propose to allow the use of zirconia sensors for
NOX and O2 measurement, we propose to allow various raw
exhaust flow meters for laboratory and field testing measurement, and
we propose to allow ultrasonic flow meters for CVS systems.
4. Subpart D Calibration and Performance Checks
Subpart D describes what we mean when we specify accuracy,
repeatability and other performance parameters. We propose calibration
and performance checks that scale with engine size and the emission
standards to which an engine is certified. We propose to replace some
of what we have called ``calibrations'' in the past with a series of
performance checks, such as a linearity check, that essentially checks
the calibration of an instrument without specifying how the instrument
must be initially calibrated. Because new instruments have built-in
routines that linearize signals and compensate for various
interferences, our typical calibration specifications sometimes
conflicted with an instrument manufacturer's instructions. In addition
we propose new performance checks in subpart D to ensure that the new
instruments we specified in Subpart C are used correctly.
5. Subpart E Engine Selection, Preparation, and Maintenance
Subpart E describes how to select, prepare, and maintain a test
engine. We updated these provisions to include both gasoline and diesel
engines. This subpart is relatively short, and we did not make many
changes to its original content.
6. Subpart F Test Protocols
Subpart F describes the step-by-step protocols for engine mapping,
test cycle generation, test cycle validation, pre-test preconditioning,
engine starting, emission sampling, and post-test validations. We
propose an improved way to map and generate cycles for constant-speed
engines. The constant-speed mapping procedure we propose better
represents in-use engine operation. We propose a more streamlined set
of test cycle and proportional validation criteria. We propose to allow
modest corrections for noise and drift of emission analyzer signals
within a certain range. We also propose a recommended procedure for
weighing PM samples.
7. Subpart G Calculations and Required Information
Subpart G describes all of the calculations that are required in
part 1065. We propose definitions of statistical quantities such as
mean, standard deviation, slope, intercept, t-test, F-test, etc. By
defining these quantities mathematically we intend to resolve any
potential mis-communication when we discuss these quantities in other
subparts. We propose all of the calculations for calibrations and
emission calculations in international units to comply with 15 CFR
1170, which removes the voluntary aspect of the conversion to
international units for Federal agencies. Furthermore, Executive Order
12770 (56 FR 35801, July 29, 1991) reinforces this policy by providing
Presidential authority and direction for the use of the metric system
of measurement by Federal agencies and departments. For our
[[Page 54851]]
standards that are not completely in international units (i.e. grams/
horsepower-hour, grams/mile), we specify in part 1065 the correct use
of internationally recognized conversion factors.
We also propose to calculate emissions based on molar quantities
for flow rates, instead of volume or mass. This change eliminates the
frequent confusion caused by the use of different reference points for
standard pressure and standard temperature. Instead of declaring
standard densities at standard pressure and standard temperature to
convert volumetric concentration measurements to mass-based units, we
declare molar masses for individual elements and compounds. Since these
values are independent of all other parameters, they are known to be
constant.
8. Subpart H Fuels, Fluids, and Analytical Gases
Subpart H specifies test fuels, lubricating oils and coolants, and
analytical gases for testing. Because standard-setting parts for diesel
engines now refer to part 1065, we are proposing diesel fuel
specifications in part 1065. These fuel specifications are consistent
with those previously adopted, with one exception. We propose to
eliminate the Cetane Index specification for all diesel fuels because
the existing specification for Cetane Number sufficiently determines
the cetane levels of diesel test fuels. We propose to eliminate any
detailed specification for service accumulation fuel. Instead, we
propose that service accumulation fuel may be a commercially available
in-use fuel. This change helps ensure that testing is representative of
in-use engine operation. We propose to scale analytical gas
specifications with the standards, which an engine must meet.
In addition, we request comment on whether or not we should
consider revising our specifications for ultra low-sulfur diesel test
fuel to reflect the expected lower distillation range relative to fuels
with higher sulfur levels. We request comment on whether or not
widening the distillation ranges by lowering the lower limit by 5
[deg]C would better reflect in-use diesel fuels with sulfur
concentrations below 15 ppm. The following table shows alternative
distillation temperatures for ultralow-sulfur diesel test fuel, with
the lower end of the distillation ranges lowered by 5 [deg]C.
Alternate Distillation Range for Ultra Low-sulfur Diesel Fuel
------------------------------------------------------------------------
Distillation range Value
------------------------------------------------------------------------
Initial Boiling Point................ (166 to 204) [deg]C.
10% point, [deg]C.................... (199 to 238) [deg]C.
50% point, [deg]C.................... (238 to 282) [deg]C.
90% point, [deg]C.................... (288 to 332) [deg]C.
End point, [deg]C.................... (316 to 366) [deg]C.
------------------------------------------------------------------------
9. Subpart I Oxygenated Fuels
Subpart I describes special procedures for measuring certain
hydrocarbons whenever oxygenated fuels are used. We updated the
calculations for these procedures in Subpart G. This subpart is
relatively short, and we did not make many changes to its original
content. We request comment on whether or not we should provide
additional guidance for testing with oxygenated fuels. For example, the
regulations currently include a general reference to 40 CFR part 86 for
sampling procedures related to oxygenated fuels. We request comment on
the degree to which any specific provisions in part 86 should be
included in Subpart I.
10. Subpart J Field Testing
Although Subpart J Field Testing existed prior to this proposal, we
are proposing many changes to this subpart. We are proposing that in
general, field testing equipment and measurement instruments meet the
same specifications and performance checks that laboratory instruments
must meet, according to subparts B, C, and D. However, for field
testing instruments, we propose to allow certain deviations from the
laboratory specifications. In addition to meeting many of the
laboratory system requirements, we propose that a field test system
meet an overall performance check versus a laboratory. This check
involves repeating a duty cycle several times. The duty cycle itself
must have several individual field test intervals (e.g., NTE events)
against which the field test system is compared to the laboratory
system. This is a comprehensive check of the field test system. We also
propose a procedure for preparing and conducting a field test, and we
propose additional drift and noise allowances for emission analyzers.
Given the evolving state of portable emissions measurement technology,
the proposed field testing procedures provide for a number of known
measurement techniques. We request comment on the relative efficacy of
these approaches and/or the need to consider additional methods. We
plan to expand on this topic in an upcoming memo to the docket.
11. Subpart K Definitions, References, and Symbols
In Subpart K we propose some new and revised definitions of
vocabulary that we frequently use in part 1065. For example we have
revised our definitions of ``brake power'', ``constant-speed engine'',
and ``aftertreatment'' to provide more clarity, and we have added new
definitions for things such as ``300 series stainless steel'',
``barometric pressure'', and ``operator demand''. We propose
definitions such as ``duty cycle'' and ``test interval'' to distinguish
the difference between a single interval over which brake-specific
emissions are calculated and the complete cycle over which emissions
are evaluated in a laboratory. We also propose a thorough and
consistent set of symbols, abbreviations, and acronyms. We propose to
update our references to include references of the National Institute
of Standards and Technology and the International Organization for
Standardization (ISO).
II. Technical Amendments
A. Definitions and Penalties
We are proposing to revise several definitions that apply over more
than one part of our regulations. These changes are designed to
harmonize our regulations.
We are proposing to change the definition of Marine engine and
Marine vessel to harmonize our approach to amphibious vehicles and
clarify other issues. We have treated amphibious vehicles differently
whether they had a diesel engine or a spark-ignition engine. We are
proposing to harmonize our treatment of amphibious vehicles by
consistently treating these as land-based products. We are also adding
a provision defining amphibious vehicles are those that are designed
primarily for operation on land to clarify that we don't consider
hovercraft to be amphibious vehicles. See the Technical Support
Document for additional information related to these definitions. In
particular, note that we describe our interpretation of what it means
for an engine to be ``installed in a marine vessel.'' Manufacturers
have raised several questions related to this issue, especially as it
relates to portable engines installed on barges.
We are also considering changes to the definition for Spark-
ignition and Compression-ignition. We define Compression-ignition as
relating to reciprocating internal-combustion engines that are not
spark-ignition engines. We limit these definitions to reciprocating
engines to avoid including gas turbines under the definition of
[[Page 54852]]
Compression-ignition. We currently do not have emission standards for
gas turbines. A question has come up regarding how we should treat
rotary engines, such as the Wankel engine. We request comment regarding
whether the definition of Compression ignition should refer to
``reciprocating and rotary engines'' to clarify that rotary engines not
meeting the definition for Spark-ignition engines would fall under our
provisions for compression ignition engines.
We currently define Spark-ignition as follows:
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device)
and with operating characteristics significantly similar to the
theoretical Otto combustion cycle. Spark-ignition engines usually
use a throttle to regulate intake air flow to control power during
normal operation.
This definition has left some confusion regarding natural gas engines
that have a throttle, but perhaps do not clearly have operating
characteristics that are significantly similar to the theoretical Otto
combustion cycle. As an alternative, we are considering the following
definition to remove this ambiguity:
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device).
Engines that use diesel fuel are not spark-ignition engines.
Such a simple approach would be very clear, but could have the effect
of defining some natural gas engines that have operating
characteristics that are significantly similar to the theoretical
diesel combustion cycle as spark-ignition engines. This may be
appropriate, but it would represent a change from our existing policy
for these engines. We are also considering another definition, as
follows:
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device)
and with operating characteristics similar to the theoretical Otto
combustion cycle. Spark-ignition engines usually burn a premixed
charge of air and fuel. Engines that use diesel fuel are not spark-
ignition engines.
This definition aims for consistency with the existing policy, but
focuses on premixed combustion instead of the throttle to indicate
whether natural gas engines are more appropriately regulated as
compression-ignition or spark-ignition engines.
We welcome comment on all of these possible definitions of spark-
ignition, as well as other possible approaches to this definition.
The Clean Air Act specifies maximum penalty amounts corresponding
to each prohibited Act. These maximum penalty amounts are periodically
adjusted for inflation, based on the provisions of the Debt Collection
Improvement Act. These maximum penalties have been updated under 40 CFR
part 19. The new maximum penalties are $32,500 for introducing
noncompliant engines into commerce for manufacturers guilty of
tampering, and $2,750 for non-manufacturers guilty of tampering. In
addition, the maximum penalty we can recover using administrative
procedures is $270,000. We are proposing to extend these revised
penalties into each of our emission-control programs.
B. Nonroad General Compliance Provisions (40 CFR Part 1068)
In addition to the changing test procedures described above, we are
proposing or considering changes that would affect multiple engine
categories.
We are proposing several amendments to the provisions of 40 CFR
part 1068, which currently apply to land-based nonroad diesel engines,
recreational vehicles, and nonroad spark-ignition engines over 19 kW.
We encourage manufacturers of other engines to take note of these
changes, since we intend eventually to apply the provisions of part
1068 to all engines subject to EPA emission standards. Note that we are
not requesting comment on the whole range of provisions in part 1068,
but rather on those items that are included in this proposal. These
changes include the following:
Section 1068.10: Clarify confidentiality provisions to
address how we treat information that we collect from on-site visits or
testing, as opposed to information that manufacturers send to us.
Section 1068.30: Add or correct definitions to coordinate
with the standard-setting parts and clarify various terms.
Section 1068.105: Expand paragraph (a) to better explain
requirements for equipment manufacturers to use current model-year
engines. This relates especially to the existing provision that allows
equipment manufacturers to use up their normal inventories of engines
from previous model years in cases where a new emission standard takes
effect. We propose to change Sec. 1068.101(a)(1) to reflect these
changes.
Section 1068.110: Clarify that the manufacturers' warranty
obligation includes all expenses related to diagnosing and repairing or
replacing emission-related parts. This is not intended to include
incidental expenses (such as replacement units during warranty
service), consequential damage (such as damage caused by engine
malfunction), or opportunity costs (such as foregone revenue from
engine downtime).
Section 1068.115: Add text to paragraph (a) to provide a
complete list of reasons for manufacturers to deny warranty claims.
This clarifies that the list of reasons given in paragraph (b) is
descriptive, and is not intended to be comprehensive.
Section 1068.245: Clarify that manufacturers applying for
hardship must use the provisions of Sec. 1068.250 (if applicable)
before applying for hardship under Sec. 1068.245. This is necessary to
remove the ambiguity resulting from the current approach, which
specifies that both Sec. Sec. 1064.245 and 1068.250 are provisions of
last resort.
Section 1068.260: Clarify that including the cost of
separately shipped components means that the cost of shipping must also
be addressed.
Section 1068.265: Add provisions that clarify what
manufacturers must do when they are required to meet emission standards
for engines that are not certified. A typical example would be an
exemption that applies to new engines that replace an old engine that
was certified to emission standards. We already require these engines
to have the same degree of emission control as the replaced engine. We
do not want manufacturers to certify these engines, but we are
proposing to add requirements to clarify how manufacturers can show
that the new engines meet an older set of emission standards. This
involves either using an engine that is the same as one that was
certified in an earlier model year, or performing tests to show that
the engines meet the specified emission levels. In any case,
manufacturers would not need to go through the process or pay the fees
associated with certification. We recently adopted these same
provisions for nonroad diesel engines and are proposing to extend them
to the other engine categories covered by part 1068.
Section 1068.315: Reduce the ownership requirement for the
identical configuration exemption from one year to six months; also,
change the qualifying criterion from ``the same as'' to ``identical
to.''
Section 1068.410: Add provisions allowing manufacturers to
test engines up to three times total if an engine family reaches a fail
decision under selective enforcement auditing, consistent with the
provisions that apply under most of our programs.
[[Page 54853]]
Section 1068.510: Clarify that manufacturers must describe
the qualifications of repair personnel, rather than simply stating that
they are qualified.
C. Land-based Nonroad Diesel Engines (40 CFR Parts 89 and 1039)
We recently adopted a new tier of emission standards for nonroad
diesel engines, codifying these standards in 40 CFR part 1039. This
rulemaking led us to make several regulatory changes to the existing
tiers of standards for these engines in 40 CFR part 89. In cases where
we discovered the need for changes after publishing the proposed rule,
but we did not make those changes to part 89 in the final rule out of
concern that the public had not had an opportunity for comment.
Similarly, we are proposing some adjustments to part 1039, based on
information that surfaced late in that rulemaking. We are proposing the
following changes in part 89 and part 1039:
Section 89.102: Clarify that equipment manufacturers using
allowances under this section may use lower-emitting engines than we
currently require.
Section 89.110 and Sec. 89.1009: Allow manufacturers to
identify a different company's name and trademark on the emission
control information label, with additional provisions to ensure that
operators take certain steps to ensure that operators have the full
benefit of the emission-related warranty.
Section 89.130: Refer to the nearly identical provisions
for rebuilding engines in Sec. 1068.120.
Section 89.410: Allow manufacturers to use ramped-modal
testing, as specified for engines that must meet the Tier 4 standards.
Appendix A to subpart F: Correct the ranges of values to
address an unintentional gap for sales volumes between 300 and 500.
Section 89.603: Clarify that standards applicable to
Independent Commercial Importers (ICIs) are those of the year in which
the imported engine was originally produced, for up to five engines per
year. See the Technical Support Document and the discussion below
related to highway engines and vehicles for additional information.
Sections 89.913 and 89.914: Allow engine and equipment
manufacturers to use the engine-dressing provisions in Sec. Sec.
1039.605 and 1039.610.
Section 89.1003: Clarify that engine manufacturers may
ensure that the replaced engine is destroyed instead of taking
possession of it; add a new label requirement for replacement engines
that are allowed to meet a less stringent set of standards that are in
effect when the replacement engine is built (to address the case where
the engine being replaced was subject to emission standards less
stringent than the current standards).
Section 89.1003: Clarify that violating the requirements
to rebuild an engine to its original configuration is considered
tampering with respect to the applicable penalties.
Section 89.1 and Sec. 1039.5: Allow manufacturers to
include marine auxiliary engines in an engine family certified under
part 89 or 1039, subject to certain limitations.
Section 1039.1: Clarify that residence-time limits do not
apply to engines used in stationary applications if they have been
certified to nonroad emission standards.
Section 1039.104, 1039.625, and 1039.655: Change cross-
reference from Sec. 1039.260 to Sec. 1068.265.
Section 1039.125: Clarify that a manufacturer's obligation
to pay for scheduled maintenance under certain situations is limited to
the useful life of the engine.
Section 1039.225: Include a modified FEL as the basis for
a change to the application for certification, consistent with current
practice.
Section 1039.240: Adding section references that were
inadvertently omitted.
Section 1039.510: Remove provisions that are covered by
part 1065.
Section 1039.605 and Sec. 1039.610: Clarify the ABT
responsibilities relative to engines or vehicles that are certified
under the motor-vehicle program and used in nonroad applications.
Section 1039.705: Add a constraint for averaging, banking,
and trading to prevent manufacturers from including credits earned in
California if there would ever be a situation where they are required
to meet separate standards in California (or another state).
Section 1039.740: Correct the provisions allowing the use
of emission credits to from previous tiers of emission standards to
include an item that was inadvertently omitted from the Tier 4 final
rule, as described in the preamble to that final rule.
Section 1039.801: Update various definitions to reflect
the change to move the full text of these definitions to part 1068.
In the Tier 4 final rule, we adopted a revised provision allowing
manufacturers to request a useful life shorter than that specified for
engines generally. Our recent experience with a similar provision for
marine diesel engines has shown that it can be difficult to implement.
The main difficulty relates to the extent and quality of the
information manufacturers must supply to establish an alternate useful-
life period. As a result, we are interested in changing this provision.
A similar provision has been in place in part 89 since the beginning of
emission standards, but we are not aware of anyone requesting a shorter
useful life for any particular application. In the similar
consideration of this provision for nonroad spark-ignition engines, the
only manufacturers that we would expect to consider a shorter useful
life would be for engines used in concrete saws, concrete pumps or
similar severe-duty applications. To establish a shorter useful life
for a set of engines, manufacturers would need to establish a separate
engine family and pay the associated fees for certification. It is not
clear that any manufacturer of nonroad diesel engines would make the
extra effort or face the extra expense of segregating a family for a
shorter useful life. We therefore request comment on removing this
provision. We also request comment on the approach under consideration
for spark-ignition engines, namely to remove the current approach of
requesting a shorter useful life and replacing it with a useful life of
1500 hours for engines used in concrete saws, concrete pumps, and
similar severe-duty engines. The useful life in years would be the same
for all engines.
During the Tier 4 rulemaking, equipment manufacturers raised a
concern regarding diesel engines certified to meet Tier 4 standards
based on the use of catalyst technology relying on ultra low-sulfur
fuel, where those engines are exported to countries with a higher
sulfur content in diesel fuel. Many pieces of equipment may be designed
and manufactured for the U.S. domestic market and eventually sold to an
end-user that may use the equipment outside of the United States. The
resulting damage to the emission-control system after extended exposure
to the higher sulfur fuel could permanently reduce the effectiveness of
emission controls. One possible solution would be to require that
engines exported from the United States have the engine label and the
aftertreatment removed before shipping the engine. This in effect
invalidates the engine's certification, which would make it illegal to
continue to use the engine in the United States, or to later import the
engine back into the United States. Two potential drawbacks include
reconciling the total balance of emission credits under the averaging,
banking, and
[[Page 54854]]
trading program and reconciling the use of the engine in an existing
flexibility program. Alternatively, we could require tracking engines
and documenting end-use status once it has been placed in equipment. We
seek comment on the use of such a provision to prevent re-importation
of engines that are exposed to fuel sulfur levels that would be
considered tampering if it occurred in the United States.
D. Marine Diesel Engines (40 CFR Part 94)
We are proposing several changes to our diesel marine engine
program, in 40 CFR part 94. These changes are intended to clarify
several aspects of the program. These changes, which are described in
more detail in the Technical Support Document, are as follows:
Section 94.2: Modify the definitions of ``marine engine''
and ``marine vessel'' and add a new definition of ``amphibious
vehicle'' to clarify what kinds of amphibious vehicles are not
considered marine vessels; modify the definition of ``United States''
to remove the reference to the Trust Territories of the Pacific
Islands.
Section 94.904: Allow the sale of an exempted or excluded
engine if it is certified or identical to a certified engine.
Section 94.907: Allow vessel manufacturers to take
advantage of the engine dresser provisions; clarify the reporting
requirement to specify that the total number of dressed engines
produced by all companies dressing that base engine for use in a marine
vessel is less than 50 percent of total annual sales for the base
engine; add language clarifying the requirements related to generating
and using emission credits with these engines.
Section 94.912: Exempt marine auxiliary engines from the
part 94 requirements as long as they are included in an engine family
certified under part 1039 or 89, subject to certain limitations.
Section 94.1001: Revise applicability to clarify that the
provisions in Subpart K apply to manufacturers, owners, and operators
of marine vessels that contain engines with per-cylinder displacement
of at least 2.5 liters.
Section 94.1103: Clarify that the engine manufacturer may
ensure that the replaced engine is destroyed instead of taking
possession of it; add a new label requirement for replacement engines
that are allowed to meet a less stringent set of standards than are in
effect when the replacement engine is built (to address the case where
the engine being replaced was subject to less stringent emission
standards).
The Technical Support Document also clarifies the conditions under
which an auxiliary engine used on a marine vessel will be considered a
marine auxiliary engine and be subject to 40 CFR 94.
E. Small Nonroad Spark-Ignition Engines (40 CFR Part 90)
We are proposing to add a new section 90.913 to better define the
responsibilities for manufacturers choosing to certify their engines
below 19 kW to the emission standards for Large SI engines in 40 CFR
part 1048. We are also revising section 90.1 to cross-reference
provisions in parts 86, 1048, and 1051 that allow highway motorcycle
engines and nonroad engines above 19 kW to meet the requirements in
part 90 under certain conditions.
We have adopted a new approach to define maximum engine power in 40
CFR part 1039 for nonroad diesel engines for purposes of defining the
applicability of standards. This definition includes a detailed
procedure for determining this value. The current approach for Small SI
engines is to rely on a definition of ``gross power'' that describes
generally how to characterize an engine's maximum power. We request
comment on adopting the new definition of maximum engine power in 40
CFR part 90. This would have the advantage of harmonizing our treatment
of this basic tool to characterize engines and would allow for
consistent treatment across programs. See the Technical Support
Document for more information.
In addition, we are updating current references to test procedures
in 40 CFR part 86 by pointing instead to 40 CFR part 1065.
Manufacturers are also encouraged to review the proposed provisions in
40 CFR part 1065, since we intend eventually to apply those same
procedures to Small SI engines. In particular, we have noted that the
equations in Sec. 90.426(b) and (d) for calculating mass flow rate and
dilution factor differ from the comparable equations in part 1065,
subpart G. We request comment on applying the equations from part 1065,
subpart G, to Small SI engines for calculating these values.
F. Marine Spark-Ignition Engines (40 CFR Part 91)
We are proposing only minimal changes for marine SI engines in 40
CFR part 91. These changes are primarily to update current references
to test procedures in 40 CFR part 86 by pointing instead to 40 CFR part
1065. We are also updating various definitions, as described in Section
II.A. Manufacturers are also encouraged to review the proposed
provisions in 40 CFR part 1065, since we intend eventually to apply
those same procedures to marine SI engines.
G. Large Nonroad Spark-Ignition Engines (40 CFR Part 1048)
We adopted emission standards for nonroad spark-ignition engines
over 19 kW in November 2002 (67 FR 68242). The regulations in 40 CFR
part 1048 were our first attempt to draft emission-control regulations
in plain-language format. In the recent final rule for nonroad diesel
engines, we went through a similar process, including extensive
interaction with a different set of manufacturers. This process led us
to adopt regulatory provisions in 40 CFR part 1039 that differ somewhat
from those in part 1048. Since the process of meeting standards,
applying for certificates, and complying with other emission-related
requirements has a lot of commonality across programs, we have a strong
interest in adopting consistent provisions and uniform terminology
where possible. As a result, we are proposing extensive changes in part
1048 to align with the regulations in part 1039. Many of these changes
reflect minor wording differences. The more significant changes to part
1048 include the following:
Section 1048.105: Exclude marine fuel tanks from the
standards for evaporative emissions. This is appropriate, because the
fuel-hose requirements are incompatible with Coast Guard requirements
and because we are developing a separate emission-control program that
would apply to all fuel tanks associated with marine spark-ignition
engines.
Section 1048.135: Add a requirement for manufacturers to
supply duplicate labels. This corresponds with the recently adopted
provisions of 40 CFR 1068.105(c) that ensure that equipment
manufacturers will take steps to prevent the misuse of duplicate
labels.
Section 1048.135: Allow manufacturers to identify a
different company's name and trademark on the emission control
information label, with additional provisions to ensure that
manufacturers take certain steps to ensure that operators have the full
benefit of the emission-related warranty.
Section 1048.145: Add detailed provisions to the family-
banking provisions to better define the qualifying criteria and the
process for using this provision. For example, we
[[Page 54855]]
establish a date by which manufacturers must begin production of early-
compliant engines to avoid giving credits for marginal early
production, we clarify that the late-complying engines must continue to
meet the Tier 1 standards, and we add a requirement that manufacturers
report the number of engines they produce under this provision to allow
us to verify compliance.
Section 1048.310: Clarify that the maximum testing rate of
1 percent for production-line testing applies only after testing the
minimum number of engines specified.
Section 1048.501: Allow an optional procedure for
measuring diurnal emissions from plastic fuel tanks. This addresses the
fact that we intended to control diurnal emissions from fuel tanks, not
permeation emissions. This will have minimal environmental impact,
since plastic fuel tanks are rarely used with industrial spark-ignition
engines. While we may consider adding permeation controls in the
future, we are proposing to adopt procedures that would not require
upgrades to plastic fuel tanks at this time.
Section 1048.505: Allow manufacturers to use ramped-modal
testing for simplified measurement of steady-state emission results.
See the Technical Support Document for additional discussion or ramped-
modal testing.
For discussion of additional changes, see the Technical Support
Document.
In the November 2002 final rule, we adopted a provision allowing
manufacturers to request a useful life shorter than that specified for
engines generally. Our recent experience with a similar provision for
marine diesel engines has shown that it can be difficult to implement.
The main difficulty relates to the extent and quality of the
information manufacturers must supply to establish an alternate useful-
life period. As a result, we are interested in changing this provision.
As far as we are aware, the only manufacturers that might reasonably
consider a shorter useful life would be for engines used in severe-duty
applications. To establish a shorter useful life for a set of engines,
manufacturers would need to establish a separate engine family and pay
the associated fees for certification. During the rulemaking,
manufacturers of these engines suggested that their engines rarely
operate longer than 1500 hours. We therefore request comment on
removing the current approach of requesting a shorter useful life and
replacing it with a useful life of 1500 hours for severe-duty engines.
The useful life in years would be the same for all engines.
Starting in the 2007 model year, manufacturers must show that they
meet emission standards over a transient duty cycle. The specified
transient duty cycles were based on real-world operation from in-use
engines. While these duty cycles were extensively tested with a variety
of engines over the course of the rulemaking, we have learned that
certain high-speed engines may not be able to sufficiently match the
speed-load trace in the duty cycle to meet cycle-validation criteria.
The cycle was developed with engines that were designed with governed
speeds around 3000 rpm. For example, for engines with governed speeds
of 3600 rpm or higher, the denormalized duty cycle may have exaggerated
acceleration rates that exceed an engine's capability.\2\ In this
situation, manufacturers would be able to use a modified duty cycle
under the provisions for special test procedures in 40 CFR 1065.10. We
request comment on the need for using the provision for special test
procedures to address this situation. We also request comment on
whether it would be appropriate to make cycle-related adjustments in
the regulation. This could take the form of relaxed values for cycle
validation criteria, limits to cap acceleration rates, using different
maximum-speed and maximum-torque values for denormalizing, or other
approaches.
---------------------------------------------------------------------------
\2\ The prescribed duty cycle is a normalized sequence of speeds
and loads expressed as a percentage of an engine's maximum values.
Before testing, these percentage values must be denormalized into
rpm and N-m values that are specific to the test engine based on its
maximum speed and torque capabilities.
---------------------------------------------------------------------------
H. Recreational Vehicles (40 CFR Part 1051)
We are proposing to make several adjustments and clarifications to
the regulations for recreational vehicles in part 1051, including the
following:
Clarify the characteristics for evaporative emission
families to include items we inadvertently omitted from the November
2002 final rule, and make it clearer how evaporative and exhaust
emission families relate to each other.
Clarify the evaporative test procedures regarding steps to
seal the fuel tank.
Define ``Fuel lines'' to remove uncertainty related to
which products are subject to permeation standards.
Specify a maximum 8-hour time period between refueling and
starting the permeation test run and clarify that extending permeation
testing from two weeks to four weeks depends on establishing a linear
change in emissions based on daily measurements.
Clarify that youth-model ATVs and off-highway motorcycles
count toward meeting the phase-in requirements.
Remove the ATV FEL cap for carbon monoxide, which was
inadvertently left in the final regulations.
Specify that the warranty period may be based on hours of
engine operation in addition to odometer readings.
Allow rounding of Normalized Emission Rates to one decimal
place, rather than to the nearest whole number, and adding additional
equations for smaller engines.
Change the minimum useful life for youth-model ATVs and
off-highway motorcycles to 5,000 kilometers and 500 hours.
Allow all ATVs certifying to J1088 to use the raw gas
sampling provisions of Part 91 for engine testing through the 2008
model year, which was intended in the November 2002 final rule.
Allows manufacturers to test engines based on an engine's
maximum power if that better represents in-use operation, rather than
using the specified procedure to establish maximum test speed.
Adopt a speed threshold to exclude low-speed all-terrain
vehicles from part 1051. For example, low-speed amphibious vehicles not
meeting the definition of offroad utility vehicles would be covered by
part 90 instead of part 1051.
These provisions are all discussed in more detail in the Technical
Support Document. In addition, we request comment regarding whether it
is appropriate to adopt a ramped-modal test method as an alternative
for the steady-state tests applicable to recreational vehicles under
Sec. 1051.505 and Sec. 1051.615. This is also discussed in more
detail in the Technical Support Document.
We adopted emission standards for recreational vehicles in November
2002 (67 FR 68242). The regulations in 40 CFR part 1051 were our first
attempt to draft emission-control regulations in plain-language format.
In the recent final rule for nonroad diesel engines, we went through a
similar process, including extensive interaction with a different set
of manufacturers. This process led us to adopt regulatory provisions in
40 CFR part 1039 that differ from those in part 1051. Since the process
of meeting standards, applying for certificates, and complying with
other emission-related requirements has a lot of commonality across
programs,
[[Page 54856]]
we have a strong interest in adopting consistent provisions and uniform
terminology as much as possible. As a result, we are proposing
extensive changes in part 1051 to align with the regulations in part
1039. Many of these changes reflect minor wording differences. The more
significant changes to part 1051 include the following:
Section 1051.135: Allow manufacturers to identify a
different company's name and trademark on the emission control
information label, with additional provisions to ensure that operators
take certain steps to ensure that operators have the full benefit of
the emission-related warranty.
Section 1051.135: Add a requirement for manufacturers to
supply duplicate labels. This corresponds with the recently adopted
provisions of 40 CFR 1068.105(c) that ensure that equipment
manufacturers will take steps to prevent the misuse of duplicate
labels.
Section 1051.135: Add a requirement to include the hang-
tag label with normalized emission rates in the application for
certification.
Section 1051.225: For situations where the Family Emission
Limit changes during a model year, the manufacturer calculates the
credit balance for the family based on the FEL that applies for the
corresponding production volume. This allows manufacturers to generate
more credits (or use fewer credits), but this is consistent with the
fact that manufacturers are liable for the emission-control performance
of each engine relative to the FEL that applied at the point of
production.
Section 1051.501: Add ``or add'' in paragraph (b)(2) to
clarify that the addition of fuel would not be allowed after the first
weight measurement is taken in the permeation test run.
Section 1051.705: Add a constraint for averaging, banking,
and trading to prevent manufacturers from including credits earned in
California if there would ever be a situation where they are required
to meet separate standards in California (or another state).
Section 1051.505 and 1051.615: We request comment on
adding an option to allow manufacturers to conduct steady-state testing
using ramped-modal cycles, as described in the Technical Support
Document.
We request comment on all these changes to part 1051.
I. Locomotives (40 CFR Part 92)
We are proposing a variety of changes for our locomotive
regulations in 40 CFR part 92 to make correct various technical
references and typographical errors. See the Technical Support Document
and the proposed regulations for additional information.
In addition, we are requesting comment on a few additional items.
The Engine Manufacturers Association recommended several revisions to
the locomotive regulations.\3\ We are proposing many of these changes,
and are requesting comment on those that we are not proposing. We are
especially interested in comments related to EMA's request to revise
the accuracy specifications found in Sec. Sec. 92.104(b)(1)(i),
92.105(d), 92.106(b)(1)(ii), 92.107(a)(1), and 92.126(b)(3). These
comments generally express a concern that the adopted specifications
require too much precision or accuracy. We request further comment on
the achievable level of precision and accuracy for these
specifications, and on the degree to which we should change the
specified values.
---------------------------------------------------------------------------
\3\ ``Recommended Technical Amendments to EPA Tier 0/1/2
Locomotive Rule,'' Handout from the Engine Manufacturers
Association, October 2003 (Docket OAR-2004-0017-0002).
---------------------------------------------------------------------------
The standards for locomotive engines currently do not apply to
engines used in locomotives if they have a maximum power below 750 kW.
These engines are generally designed and manufactured for other
applications, so they are excluded from locomotive standards and
procedures. We have received a request that we allow engines below 750
kW that are used in locomotives to optionally certify to locomotive
standards instead of the otherwise applicable requirements of 40 CFR
part 89.\4\ This commenter suggested the following addition to the
regulations in 40 CFR part 92:
---------------------------------------------------------------------------
\4\ ``Inclusion of the Railpower Green Goat Hybrid Locomotive 40
CFR 92 Averaging, Trading, and Banking'' e-mail from Christopher
Weaver, Railpower, May 7, 2004 (Docket OAR-2004-0017-0003).
---------------------------------------------------------------------------
The manufacturer or remanufacturer of a vehicle propelled by an
engine rated less than 750 kW, but that otherwise meets all the
requirements of this definition may elect to have it treated under this
part rather than under part 89 by giving written notice of such
election to the Administrator. All of the provisions of this part shall
apply to vehicles for which such an election is made.
We continue to believe that engines below 750 kW should be
regulated as nonroad diesel engines under part 89. However, we request
comment on this suggestion to allow manufacturers to optionally meet
the standards in part 92 instead. We also request comment regarding the
applicability of the line-haul emission standards to these low-power
locomotive engines. Finally, we request comment on alternate
calculations to address the equivalent tractive horsepower of hybrid
locomotives.
J. Highway Engines and Vehicles (40 CFR Part 86)
1. Light-duty Vehicles
a. Calculation Method for Nonmethane Hydrocarbons. Text changes are
proposed to properly align EPA and CARB calculation methods for
measuring nonmethane hydrocarbons from gasoline, diesel, methanol,
ethanol, and liquefied petroleum gas fueled light-duty vehicles.
Harmonization of EPA and CARB testing and calculation practices,
including proper accounting for the methane response of the total
hydrocarbon FID, was anticipated when Tier 2 regulations were
developed. Modifying the language in 86.121-90(d) and 86.144-
94(c)(8)(vi) to explicitly require the use of a measured methane
response factor, as opposed to the current CFR text which specifies an
assumed methane response factor of 1.0, will align the calculation
methods. Calculating nonmethane hydrocarbon using a measured methane
response factor is the technically correct calculation and measurement
method.
b. Correction to Tier 2 Regulations. On December 6, 2002, we made
some minor technical amendments to EPA's Tier 2/Gasoline Sulfur
regulations (67 FR 72821, December 6, 2002). However, those actions
mistakenly reversed a prior correction to Table S04-2 in Sec. 86.1811-
04(c)(6) that was made on February 28, 2000 (65 FR 10598, February 28,
2000). We are now reestablishing the correct version of that table.
Specifically, in Sec. 86.1811-04(c)(6), in Table S04-2, the ``Notes''
entry corresponding with ``Bin No. 9'' should read ``a b e f g h''.
c. Correction to Supplemental Federal Test Procedure Regulations.
We propose to make the following corrections to regulatory references,
spelling, and the like with these technical amendments:
An incorrect regulatory reference is corrected in section
86.158-00;
Revision to section 86.161-00 inserts the correct humidity
tolerance of plus-or-minus 5 grains of water/pound of dry air; and
Revision to the equation in section 86.164-00 adds plus
(``+'') signs that were omitted in the regulations.
d. Correction to National Low Emission Vehicle Regulations. In
several places in the National Low Emission Vehicle (NLEV) emissions
standards
[[Page 54857]]
there are typographical errors affecting emission standards and testing
provisions which require correction:
Incorrect in-use formaldehyde standards for light-duty
vehicles in tables R99-5 and R99-6 (Sec. 86.1708-99).
Incorrect model year applicability of in-use standards for
light-duty trucks (Sec. 86.1709-99(c)(1)).
Missing standards for light-duty trucks from 0-3750 loaded
vehicle weight in Table R99-14.2 (Sec. 86.1709-99).
Correction of fleet average NMOG standards for calculating
credits for 1997 and 1998 model years in the Northeast Trading Region
(Sec. 86.1710-99(c)(8)).
Correcting a reference to 86.1705-99(e)(4) that should
have been to 86.1707-99(d)(4) (Sec. 86.1711-99).
2. Highway Motorcycles
a. Highway Motorcycle Labeling Requirements. On January 15, 2004,
we finalized new emission standards for highway motorcycles (69 FR
2398, January 15, 2004). These new standards are implemented in two
stages: a ``Tier 1'' that is effective in the 2006 through 2009 model
years, and a ``Tier 2'' that takes effect starting with the 2010 model
year. These standards are generally harmonized with California emission
standards that take effect two years earlier. Under the new standards,
Class III motorcycles must comply with a new HC+NOX emission
standard on a corporate average basis. This new flexibility allows
manufacturers to market motorcycles that produce more pollution than
the designated average standard as long as they are balanced out by
sales of less-polluting models such that the manufacturers' sales-
weighted corporate average remains below the standard. Averaging is
also optionally allowed for Class I and II motorcycles.
Since publishing the final rule, however, we realized that the
labeling language for highway motorcycles is not helpful in the context
of the new averaging standard. The current federal labeling language
(see 40 CFR 86.413-78) only requires that a motorcycle label indicate
compliance with EPA standards for a given model year. This is all that
is needed when there is no uncertainty regarding what the applicable
emission standards are. In the context of the type of averaging program
we finalized, however, the manufacturers essentially choose their own
emission standard (up to a cap) for each engine family. The
manufacturer-selected emission standard is known as a ``Family Emission
Limit,'' or FEL. For example, a manufacturer with two engine families
might market one meeting a standard of 2.2 grams/mile HC+NOX
and another one meeting a standard of 0.5 grams/mile HC+NOX.
If these are equally-selling engine families, then the manufacturer
will meet the required Tier 1 average of 1.4 grams/mile
HC+NOX.
In the case described above, a label with only the model year will
not provide adequate information regarding the applicable emission
standard. Historically both EPA and ARB have required labels that
identify the specific applicable FEL for vehicles certified under
averaging programs. Therefore, we are amending the labeling
requirements with two goals in mind. First, the label must provide
sufficient information regarding the applicable emission standard and
model year, as well as specific tune-up information. Second, the label
requirements should be aligned with ARB to the greatest degree possible
to prevent a situation where the manufacturer has to apply two labels
to a motorcycle to meet two different sets of requirements. The new
labeling language in 40 CFR 86.413-2006 accomplishes both of these
goals.
b. Highway Motorcycle Fuel Specifications. In our final rule
setting new emission standards for highway motorcycles (69 FR 2398,
January 15, 2004) we updated the fuel specifications for motorcycle
emission testing to be consistent with the fuel specifications
finalized on February 10, 2000, as part of our ``Tier 2 Motor Vehicle
Emissions Standards and Gasoline Sulfur Control Requirements'' (65 FR
6697, February 10, 2000). This was necessary to ensure that motorcycles
are tested using fuels consistent with those available in the
marketplace. We received no negative comments on making this change. It
is necessary at this time to correct some errors that were made in
updating the motorcycle test fuel specification. The specific
corrections are:
Changing the volume percent of aromatics from ``35
minimum'' to ``35 maximum'';
Changing the phosphorous g/liter specification from 0.005
g/liter to 0.0013 g/liter (the alternative specification is 0.005 g/
U.S. gallon);
Changing the sulfur weight percent from 0.08 maximum to
0.008 maximum; and
Changing the volatility test procedure from ``ASTM D
3231'' to ``ASTM D 323.''
c. Highway Motorcycles with engines below 50 cc. We are proposing
modified language in Sec. 86.447 and Sec. 86.448 to clarify various
aspects of the provision allowing manufacturers to use products
certified to nonroad emission standards instead of the standards for
highway motorcycles under part 86. These changes include the following:
--Clarify the requirement related to the number of engines that may be
certified under nonroad programs.
--Define the requirements related to generating and using emission
credits with these engines.
--Add language to better define the legal responsibilities for
companies involved in producing motorcycles under this provision.
3. Heavy-Duty Highway Engines
As discussed above, we are proposing to adopt the lab-testing and
field-testing specifications in part 1065 for heavy-duty highway
engines, including both diesel and Otto-cycle engines. These procedures
replace those currently published in 40 CFR part 86 subpart N. We are
proposing a gradual transition from the part 86 procedures over a
period of two model years in order to fully migrate to part 1065, no
later than model year 2008. Manufacturers would not need to conduct new
testing if they are able to use carryover data, but any new testing for
2008 and later model years would be done using the part 1065
procedures. Migrating heavy-duty highway engines to the part 1065
procedures allows us to include all the testing-related improvements in
the HD2007 rule, including those we have adopted through guidance.\5\
In addition, part 1065 incorporates revisions based on updated
procedures for sampling low concentrations of PM.
---------------------------------------------------------------------------
\5\ ``Guidance Regarding Test Procedures for Heavy-Duty On-
Highway and Non-Road Engines,'' December 3, 2002.
---------------------------------------------------------------------------
We are also proposing to require manufacturers to use ramped-modal
testing to show that they meet steady-state emission standards using
the Supplemental Emissions Test (SET), which will be required for model
year 2007 and later engines. The conventional approach for steady-state
testing is to measure emissions separately for each mode. Ramped-modal
testing involves a single, continuous emission measurement as the
engine operates over the test modes in a defined sequence, including
short transition segments between modes. Ramped-modal testing offers
several advantages, primarily that of increased accuracy for measuring
very low levels of PM emissions. See the Technical Support Document for
additional information on the advantages of ramped-modal testing.
We are also clarifying that certain data requirements related to
Supplemental Emission Testing are required only
[[Page 54858]]
when engines are subject to Maximum Allowable Emission Limits.
Part 1065 bases the denormalized duty cycle on ``maximum test
speed,'' which differs somewhat from the traditional approach from part
86 of relying on rated speed. We request comment on whether or not we
need to adjust how maximum test speed is applied to heavy-duty highway
diesel engines to better represent in-use operation. Specifically, we
request comment on whether or not we should specify that maximum test
speed should be equal to the 112% speed from the duty cycle for this
particular sequence. This would shift the prescribed speeds that are in
excess of 100% speed to be no greater than 99.92% of maximum test
speed. This adjustment would prevent excessive speeds, while ensuring
our intent to specify maximum test speed to test an engine over its
complete operating range.
We are proposing a minor adjustment to the phase-in process for the
HD2007 standards to allow manufacturers to make their compliance
demonstration either on the basis of model years or calendar years.
This increases the flexibility for manufacturers to define their model
year without affecting their ability to show that they meet their
phase-in obligations. Because the phase-in period is three years under
either approach, we believe this adjustment would not harm the
environmental objectives of the program.
In the recently finalized Nonroad Diesel Tier 4 final rule, we
included new regulatory provisions allowing engine manufacturers to
ship engines and aftertreatment separately to equipment manufacturers,
provided several criteria were met (69 FR 39308, June 29, 2004). These
criteria were based on two main principles. First, the engine
manufacturer is responsible to ensure that equipment manufacturers are
fully aware of their responsibilities for proper installation of the
engine and catalyst system. Second, the engine manufacturer has the
primary responsibility for ensuring the engine and catalyst are
properly installed. While the engine manufacturer has the primary
responsibility, we may also find the equipment manufacturer liable
under certain circumstances. We request comment on applying similar
provisions to allow separate shipment of engines and aftertreatment for
heavy-duty highway engine manufactures, including both gasoline and
diesel engines. In addition, we request information that would indicate
to what extent the heavy-duty highway engine/catalysts/vehicle
manufacturer business relationships are similar to those for nonroad
diesel engines, and whether the same provisions should apply to the
companies producing highway engines and vehicles as we have adopted for
the nonroad diesel engines and equipment.
We are taking this opportunity to clarify an aspect of the
information reporting requirements described in a recently proposed
rule making for manufacturer in-use testing of heavy-duty vehicles. The
Notice of Proposed Rule Making (NPRM) for the manufacturer-run in-use
testing program (FR Cite) was issued June 3, 2004. Section K in the
preamble provides a non-exhaustive example of the types of engine
parameters commonly stored in the engine's on-board computer and
requires manufacturers to report those parameters which are readily
available. We want to be clear that not only should those parameters be
reported to EPA, but that they also must be reported to and stored by
any portable emissions measurement system used to meet the testing
requirements described in the NPRM. Because the proposed regulatory
language in 40 CFR part 1065, subpart J contained in today's notice
does not contain all of the parameters we intended to be required in
the manufacturer in-use testing program, we expect that section
86.1920(a)(4)(xii) in the final in-use testing regulations will contain
language that will better reflect this intent and make explicit the
types of parameters that may be subject to the reporting requirements.
Specifically, the current language in 86.1920(a)(4)(xii) states:
Recorded one-hertz test data for all the parameters specified in
40 CFR part 1065, subpart J, including any other relevant parameters
electronically sensed, measured, calculated, or otherwise stored by
the engine's onboard computer. This also includes any parameters
used to modulate the emission-control system.
The final language would state:
Recorded one-hertz test data for all the parameters specified in
40 CFR part 1065, subpart J, and any other relevant parameters
electronically sensed, measured, calculated, or otherwise stored by
the engine's onboard computer, including but not limited to engine
speed, engine torque, engine coolant temperature, intake manifold
temperature, manifold absolute pressure, barometric pressure
(altitude), ambient temperature, brake specific fuel consumption,
exhaust temperature upstream of aftertreatment, and elapsed time,
any parameter needed to demonstrate the engine is within the NTE or
an approved carve-out or deficiency region. The one-hertz test data
must also include any parameters used to modulate the emission-
control system.
We request comment on this revision.
Similarly, Subpart K of the preamble requests comment on the
whether engine manufacturers should be required to design the on-board
engine computer to explicitly identify when an engine is operating in
an approved NTE carve-out or deficiency. We want to make clear that the
request for comment also more broadly covers whether the engine's on-
board computer should identify when the engine is operating within the
NTE. Under the proposal, manufacturers are required, at a minimum, to
provide information from the engine's on-board computer or some other
readily available source that will enable EPA to make these NTE
determinations.
4. Importation of Nonconforming Highway Engines and Vehicles
The Agency is proposing revisions to 40 CFR part 85, subpart P
regarding the applicable emission standards for imported nonconforming
highway vehicles and engines, including light-duty vehicles (passenger
cars), light-duty trucks, heavy-duty vehicles, heavy-duty engines, and
motorcycles. This proposal clarifies that these nonconforming vehicles
and engines are required to meet the emission standards in effect when
the vehicle or engine was originally produced, not the emission
standards in effect when the vehicle or engine is modified. This
approach is consistent with the requirements for light-duty Independent
Commercial Importers (ICIs) which have been in effect since 1996 (61 FR
5842, February 14, 1996).
Most of the issues related to this proposal were previously
addressed in the 1996 rule. An excerpt from that 1996 rule provides a
brief summary of the basis for this proposal. Section I.A of the 1996
final rule reads in part:
As proposed, EPA is eliminating the requirement that
nonconforming light-duty vehicles and Light-duty trucks imported
pursuant to 40 CFR 85.1501 or 85.1509 meet the part 86 emission
standards in effect at the time of modification. These vehicles,
with a few exceptions, will instead be required to meet emission
standards (with applicable deterioration factors applied) that were
in effect at the time of original vehicle production, using
currently applicable testing procedures.
The specific standards applicable to these vehicles are
contained in a new Sec. 85.1515 * * *.
As discussed in the proposal (Supplementary Document pp. 27-28,
Docket No. A-89-20), when EPA promulgated the prior requirement to
meet standards applicable at the time of modification, the Agency
had no data or evidence suggesting that older vehicles could not be
modified to meet current year emission standards. Since that
rulemaking, EPA has obtained evidence suggesting that many older
vehicles cannot be modified to meet current year standards
[[Page 54859]]
without extraordinary cost, which makes the conversion financially
unfeasible for many owners of such vehicles. Today's rule would give
owners of older vehicles a way to import their vehicles. In
addition, it would have been significantly more difficult and costly
for importers to modify vehicles to comply with the current model
year standards beginning in January, 1996, when the standards
applicable to small volume manufacturers became substantially more
stringent. EPA agrees with the statements submitted by ICIs after
the close of the comment period that the expense of such
modifications would have a serious deleterious effect on their
businesses and would not justify the costs.
Although the intent of the 1996 rule was clear, we are proposing to
make regulation changes to make the regulation language consistent with
the intent of the 1996 rule. The 1996 final rule added 40 CFR 85.1515,
which provided a list of the emission standards applicable to imported
light-duty vehicles and light-duty trucks based on the original
production (OP) year of the vehicle. Tables 1 and 2 in 40 CFR 85.1515
correctly indicate that the emission standards applicable for pre-1994
imported light-duty vehicles and light-duty trucks are based on the
original production year of the vehicle. Tables 1 and 2 also correctly
indicate (in a footnote) that 1994 and later imported light-duty
vehicles and light-duty trucks are required to meet the applicable
emission standards as ``Specified in 40 CFR part 86 for the OP year of
the vehicle, per 85.1515(c).'' However Sec. 85.1515(c)(1) incorrectly
indicates that ``Nonconforming motor vehicles or motor vehicle engines
of 1994 OP model year and later conditionally imported pursuant to
Sec. 85.1505 or Sec. 85.1509 shall meet all of the emission standards
specified in 40 CFR part 86 for the model year in which the motor
vehicle or motor vehicle engine is modified.'' (emphasis added)
This ambiguity in the regulations was unfortunately not corrected
after the 1996 rule changes became effective. Nor was it corrected when
Interim non-Tier 2 and Tier 2 requirements were adopted for import
vehicles (65 FR 6698, February 10, 2000). Although the 2000 rulemaking
did not intend to change the highway engine or vehicle importation
process, the regulations continued to indicate that nonconforming motor
vehicles and motor vehicle engines must meet the emission standards in
the model year in which the motor vehicle or motor vehicle engine is
modified; see 40 CFR 85.1515(c)(2)(ii) through (d). We have now
received several petitions from light duty ICIs to correct the
regulations to permit vehicles imported by ICIs to meet OP year
standards.
In summary, for the reasons discussed in the provisions of 61 FR
5842, February 14, 1996, we are proposing changes to correct the
regulations for nonconforming highway vehicles so they are consistent
with the intent of the 1996 final rule. This proposal will require
imported highway vehicles to meet the emission standards in effect the
year the vehicle was originally produced, not the emission standards in
effect in the year the vehicle or engine is modified. We are, however,
concerned that ICI provisions which apply OP year standards could be
used as a way to circumvent our Tier 2 light duty standards and our new
more stringent motorcycle standards. Thus we are proposing to cap each
ICI's annual production of vehicles meeting OP year standards when OP
year standards are less stringent than the standards that apply during
the year of modification. We are proposing a cap of a total of 50 light
duty vehicles and trucks and 50 motorcycles. This does not impact the
number of vehicles an ICI may produce that are certified to the
standards that apply during the year of modification.
While we have never had an ICI for highway HDEs, we are also
proposing, consistent with the above, to make clear that the applicable
standards for HDEs imported by an ICI would be those of the year of
original production. For HDEs, we are proposing an annual cap of five
on an ICI's production of engines certified to OP year standards that
are less stringent than those that apply during the year of
modification. This will address the possibility that ICIs could provide
an avenue by which truck purchasers could avoid the additional costs of
new trucks with engines meeting aftertreatment-based engine standards.
We are proposing a similar amendment for nonroad diesel engines, as
described elsewhere in this document.
We believe it is appropriate to have different caps on the quantity
of vehicles and engines that can be certified to OP year standards,
where OP year standards are less stringent than those that apply during
the year of modification. The sales of light-duty vehicles and trucks
are many times greater than those of heavy-duty highway engines and
nonroad diesel engines combined. Further, we believe that the caps for
light-duty vehicles, light-duty trucks, and motorcycles should be
larger than those for nonroad and highway engines to accommodate an
industry that has grown up around the light-duty ICI program. The
light-duty and motorcycle ICIs can provide additional consumer choice
and also provide an avenue by which (for a price) someone who has lived
outside of the United States, including returning U.S. military
personnel, can bring a used personal vehicle they acquired overseas
into conformity with U.S. emission requirements. No such ICI industry
exists for highway or nonroad engines. Where OP year standards are
applied to highway and nonroad engines, we are proposing a lower cap.
We believe it will be appropriate to limit the activities of engine
ICIs, when previous model year engines are involved, to those
specialized trucks or pieces of equipment for which demand is so low
that normal certification didn't occur or might not occur. While we
want to provide an opportunity for the importation of highly
specialized vehicles or equipment that might otherwise be unavailable
in the United States, we do not want to develop an industry that simply
provides older equipment that would most likely be built with engines
meeting significantly less stringent standards.
5. Revisions and Corrections to Dynamometer Driving Schedules
a. SC03 and US06 driving cycles. This rule proposes to correct
errors in the SC03 driving cycle and to reconcile several discrepancies
between the CFR language and the second-by-second US06 and SC03 drive
cycle traces in the appendices to part 86.
The SC03 cycle in Appendix I, paragraph (h) is proposed to be
lengthened to 600 seconds by the addition of six seconds of zero miles
per hour after 594 seconds. This change and additional language changes
would eliminate confusion in how to execute the requirements in
sections 86.160-00(c)(12) and 86.159-00(f)(2)(ix). Sections 86.159-
00(f)(2)(ix) and 86.160-00(c)(12) both state that the engine is turned
off 2 seconds after the end of the deceleration (which occurs at 594
seconds and driving stops at 596 seconds).
With respect to the SC03 drive trace, section 86.160-00(c)(10)
reads ``Twenty seconds after the engine starts, begin the initial
vehicle acceleration of the driving schedule.'' However, this is
incorrect. The printed driving schedule in Appendix I, paragraph (h),
correctly shows eighteen seconds of idle. The regulatory language is
proposed to be modified to reflect eighteen seconds of idle, rather
than twenty.
Section 86.160-00(c)(12) currently reads ``Turn the engine off 2
seconds after the end of the last deceleration,'' but the Appendix I,
paragraph (h), drive schedule has no idle seconds at the end of the
SC03 cycle. Idle speed values are proposed to be added to the end of
the
[[Page 54860]]
SC03 drive schedule to make it consistent with the regulatory language.
The impact of these changes would clarify that the first non-zero speed
value to be at trace time t=19 seconds. This section is proposed to be
amended to clarify that driving stops at trace time t=596 seconds.
The US06 drive schedule has a similar discrepancy. Section 86.159-
00(f)(2)(ix) reads ``Turn the engine off 2 seconds after the end of the
last deceleration.'' However, the drive schedule in Appendix I (g) has
six idle seconds at the end of the US06 cycle. We proposed to amend
this section to clarify that driving stops at trace time t=596 seconds.
b. Urban Dynamometer Driving Schedule. We are also proposing to
take action to correct two minor errors in the Appendix I, paragraph
(a), Urban Dynamometer Driving Schedule (UDDS) that have existed since
the 1970's. Originally published in the Federal Register on November
10, 1970 (35 FR 17311), the UDDS is the driving cycle that is the basis
of the Federal Test Procedure. Since it was published, however, two
speed values in the UDDS were erroneously modified. Specifically, the
speed value at t=961 seconds was changed from 5.3 mph to 5.0 mph in
1972, and the speed value at t=1345 seconds was changed from 18.3 mph
to 18.8 sometime between 1973 and 1977. The speed value of 5.0 mph at
t=961 creates an acceleration of 3.6 mph/sec to 8.6 mph at t=962, which
is inconsistent with the acknowledged 3.3 mph/sec maximum acceleration
rate due to dynamometer limitations. The speed value of 18.8 mph at
t=1345 is inconsistent with what should be a gradually decreasing
acceleration rate from t=1343 to t=1347 seconds. This rule proposes to
revert these values back to the speed values as they were published in
1970. It is important to note that the regulated industry and EPA have
been using the correct speed values since 1970, despite the error in
the Code of Federal Regulations (CFR).
In addition, a dynamometer manufacturer commented to EPA that the
CFR has several errors in the Appendix I, paragraph (b), version of the
UDDS that is expressed in kilometers per hour. EPA has verified that
these errors are not rounding errors when converting from miles per
hour, but are more likely the result of errors in typing. The table
below indicates the correct mile per hour and kilometer per hour
values, as well as the incorrect value. This rule proposes to make
these corrections.
------------------------------------------------------------------------
Time (seconds) Incorrect KPH Correct KPH Correct MPH
------------------------------------------------------------------------
363 52.3 52.8 32.8
405 14.5 14.8 9.2
453 31 31.9 19.8
491 55.8 55.5 34.5
577 21.4 27.4 17.0
662 43.9 42.0 26.1
663 43.1 42.2 26.2
664 42.3 42.2 26.2
932 40.3 40.2 25.0
------------------------------------------------------------------------
III. Public Participation
We request comment on all aspects of this proposal. The comment
period for this rule will end on October 29, 2004.
We will hold an informal public workshop on October 1, 2004 at the
National Vehicle and Fuel Emissions Laboratory, which is located at
2000 Traverwood Drive, Ann Arbor, Michigan 48105. The workshop will
start at 9 a.m. with an opportunity for any individuals to raise
questions or comments related to the proposed technical amendments.
Following this, the rest of the day will be devoted to discussions of
the proposed changes to the test procedures in 40 CFR part 1065.
If you would like a public hearing in addition to the planned
workshop, contact us by September 20, 2004 as described above in DATES.
If a public hearing is requested, we will hold it on September 27, 2004
starting at 9 a.m. EDT. Contact us for updated information about the
possibility of a public hearing.
If you would like to present testimony at a public hearing, we ask
that you notify the contact person listed above at least ten days
beforehand. You should estimate the time you will need for your
presentation and identify any needed audio/visual equipment. We suggest
that you bring copies of your statement or other material for the EPA
panel and the audience. It would also be helpful if you send us a copy
of your statement or other materials before the hearing.
We will arrange for a written transcript of the hearing and keep
the official record of the hearing open for 30 days to allow you to
submit supplementary information. You may make arrangements for copies
of the transcript directly with the court reporter.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 the Agency must determine whether the
regulatory action is ``significant'' and therefore subject to review by
the Office of Management and Budget (OMB) and the requirements of this
Executive Order. The Executive Order defines a ``significant regulatory
action'' as any regulatory action that is likely to result in a rule
that may:
Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, Local, or Tribal governments or
communities;
Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or
Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Because the rule merely revises the measurement methods and makes a
variety of technical amendments to existing programs, it is not a
significant regulatory action and is not subject to the requirements of
Executive Order 12866. Any new costs associated with this rule will be
minimal. In addition, some of the changes will substantially reduce the
burden associated with testing, as described in the Regulatory Support
Document.
B. Paperwork Reduction Act
This rule does not include any new collection requirements, as it
merely revises the measurement methods and makes a variety of technical
amendments to existing programs.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this final rule on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business Administration (SBA) by category of business
using North America Industrial Classification System (NAICS) and
codified at 13 CFR 121.201; (2) a small governmental jurisdiction that
is a government of a city, county, town, school district or
[[Page 54861]]
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this proposed rule are small businesses
that produce nonroad engines. We have determined that no small entities
will experience more than incidental costs as a result of this rule.
This rule merely revises the measurement methods and makes a variety of
technical amendments to existing programs. This proposed rule,
therefore, does not require a regulatory flexibility analysis.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. For example,
most of the proposed changes clarify existing requirements, which will
reduce the time needed to comply, and added flexibility, which may
allow for a simpler effort to comply.
We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``federal mandates'' that
may result in expenditures to state, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This rule contains no federal mandates for state, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments. We have determined that this rule contains no
federal mandates that may result in expenditures of more than $100
million to the private sector in any single year. This rule merely
revises the measurement methods and makes a variety of technical
amendments to existing programs. The requirements of UMRA therefore do
not apply to this action.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules will not have substantial
direct effects on the States, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''
This rule does not have tribal implications as specified in
Executive Order 13175. This rule will be implemented at the Federal
level and impose compliance costs only on engine manufacturers and ship
builders. Tribal governments will be affected only to the extent they
purchase and use equipment with regulated engines. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically
[[Page 54862]]
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, Section 5-501 of the Order directs the
Agency to evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This proposed rule is not subject to the Executive Order because it
does not involve decisions on environmental health or safety risks that
may disproportionately affect children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), because it is not likely to have a significant effect
on the supply, distribution, or use of energy.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This proposed rule involves technical standards. The International
Organization for Standardization (ISO) has a voluntary consensus
standard that can be used to test engines. However, the test procedures
in this proposal reflect a level of development that goes substantially
beyond the ISO or other published procedures. The proposed procedures
incorporate new specifications for transient emission measurements,
measuring PM emissions at very low levels, measuring emissions using
field-testing procedures. The procedures we adopt in this rule will
form the working template for ISO and national and state governments to
define test procedures for measuring engine emissions. As such, we have
worked extensively with the representatives of other governments,
testing organizations, and the affected industries.
EPA welcomes comments on this aspect of the proposed rulemaking.
V. Statutory Provisions and Legal Authority
Statutory authority for the engine controls proposed today can be
found in 42 U.S.C. 7401-7671q.
List of Subjects
40 CFR Part 85
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research,
Warranties.
40 CFR Part 86
Administrative practice and procedure, Confidential business
information, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements.
40 CFR Part 89
Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Labeling, Motor vehicle
pollution, Reporting and recordkeeping requirements, Research, Vessels,
Warranties.
40 CFR Part 90
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Reporting and recordkeeping requirements, Research,
Warranties.
40 CFR Part 91
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Reporting and recordkeeping Requirements,
Warranties
40 CFR Part 92
Administrative practice and procedure, Air pollution control,
Confidential business information, Imports, Labeling, Railroads,
Reporting and recordkeeping requirements, Warranties
40 CFR Part 94
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Vessels, Warranties.
40 CFR Part 1039, 1048, and 1051
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.
40 CFR Part 1065
Environmental protection, Administrative practice and procedure,
Incorporation by reference, Reporting and recordkeeping requirements,
Research.
40 CFR Part 1068
Environmental protection, Administrative practice and procedure,
Confidential business information, Imports, Motor vehicle pollution,
Penalties, Reporting and recordkeeping requirements, Warranties.
Dated: August 16, 2004.
Michael O. Leavitt,
Administrator.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is proposed to be amended as follows:
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES
1. The authority citation for part 85 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 85.1502 is amended by revising paragraph (a)(14) to read
as follows:
Sec. 85.1502 Definitions.
(a) * * *
(14) United States. United States includes the States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin
Islands.
* * * * *
3. Section 85.1503 is amended by revising the section heading and
adding paragraphs (c), (d), and (e) to read as follows:
Sec. 85.1503 General requirements for importation of nonconforming
vehicles and engines.
* * * * *
(c) In any one certificate year (e.g., the current model year), an
ICI may finally admit no more than the following numbers of
nonconforming vehicles or engines into the United States under the
provisions of Sec. 85.1505 and Sec. 85.1509,
[[Page 54863]]
except as allowed by paragraph (e) of this section:
(1) 5 heavy-duty engines.
(2) A total of 50 light-duty vehicles, light-duty trucks, and
medium-duty passenger vehicles.
(3) 50 highway motorcycles.
(d) For ICIs owned by a parent company, the importation limits in
paragraph (c) of this section include importation by the parent company
and all its subsidiaries.
(e) An ICI may exceed the limits outlined in paragraphs (c) and (d)
of this section, provided that any vehicles/engines in excess of the
limits meet the emission standards and other requirements outlined in
the provisions of Sec. 85.1515 for the model year in which the motor
vehicle/engine is modified (instead of the emission standards and other
requirements applicable for the OP year of the vehicle/engine).
4. Section 85.1513 is amended by revising paragraph (d) to read as
follows:
Sec. 85.1513 Prohibited acts; penalties.
* * * * *
(d) Any importer who violates section 203(a)(1) of the Act is
subject to a civil penalty under section 205 of the Act of not more
than $32,500 for each vehicle or engine subject to the violation. In
addition to the penalty provided in the Act, where applicable, under
the exemption provisions of Sec. 85.1511(b), or under Sec. 85.1512,
any person or entity who fails to deliver such vehicle or engine to the
U.S. Customs Service is liable for liquidated damages in the amount of
the bond required by applicable Customs laws and regulations.
* * * * *
5. Section 85.1515 is amended by revising paragraphs (c)(1) and
(c)(2) to read as follows:
Sec. 85.1515 Emission standards and test procedures applicable to
imported nonconforming motor vehicles and motor vehicle engines.
* * * * *
(c)(1) Nonconforming motor vehicles or motor vehicle engines of
1994 OP model year and later conditionally imported pursuant to Sec.
85.1505 or Sec. 85.1509 shall meet all of the emission standards
specified in 40 CFR part 86 for the OP year of the vehicle or motor
vehicle engine. At the option of the ICI, the nonconforming motor
vehicle may comply with the emissions standards in 40 CFR 86.1708-99 or
86.1709-99, as applicable to a light-duty vehicle or light light-duty
truck, in lieu of the otherwise applicable emissions standards
specified in 40 CFR part 86 for the OP year of the vehicle. The
provisions of 40 CFR 86.1710-99 do not apply to imported nonconforming
motor vehicles. The useful life specified in 40 CFR part 86 for the OP
year of the motor vehicle or motor vehicle engine is applicable where
useful life is not designated in this subpart.
(2)(i) Nonconforming light-duty vehicles and light light-duty
trucks (LDV/LLDTs) originally manufactured in OP years 2004, 2005 or
2006 must meet the FTP exhaust emission standards of bin 9 in Tables
S04-1 and S04-2 in 40 CFR 86.1811-04 and the evaporative emission
standards for light-duty vehicles and light light-duty trucks specified
in 40 CFR 86.1811-01(e)(5).
(ii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty
passenger vehicles (MDPVs) originally manufactured in OP years 2004
through 2006 must meet the FTP exhaust emission standards of bin 10 in
Tables S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable
evaporative emission standards specified in 40 CFR 86.1811-04(e)(5).
For 2004 OP year HLDTs and MDPVs where modifications commence on the
first vehicle of a test group before December 21, 2003, this
requirement does not apply to the 2004 OP year. ICIs opting to bring
all of their 2004 OP year HLDTs and MDPVs into compliance with the
exhaust emission standards of bin 10 in Tables S04-1 and S04-2 in 40
CFR 86.1811-04, may use the optional higher NMOG values for their 2004-
2006 OP year LDT2s and 2004-2008 LDT4s.
(iii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty
passenger vehicles (MDPVs) originally manufactured in OP years 2007 and
2008 must meet the FTP exhaust emission standards of bin 8 in Tables
S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative
standards specified in 40 CFR 86.1811-04(e)(5).
(iv) Nonconforming LDV/LDTs originally manufactured in OP years
2007 and later and nonconforming HLDTs and MDPVs originally
manufactured in OP years 2009 and later must meet the FTP exhaust
emission standards of bin 5 in Tables S04-1 and S04-2 in 40 CFR
86.1811-04, and the evaporative standards specified in 40 CFR
86.1811(e)(1) through (e)(4).
(v) ICIs are exempt from the Tier 2 and the interim non-Tier 2
phase-in intermediate percentage requirements for exhaust, evaporative,
and refueling emissions described in 40 CFR 86.1811-04.
(vi) In cases where multiple standards exist in a given model year
in 40 CFR part 86 due to phase-in requirements of new standards, the
applicable standards for motor vehicle engines required to be certified
to engine-based standards are the least stringent standards applicable
to the engine type for the OP year.
* * * * *
6. Section 85.2111 is amended by revising the introductory text and
adding paragraph (d) to read as follows:
Sec. 85.2111 Warranty enforcement.
The following acts are prohibited and may subject a manufacturer to
up to a $32,500 civil penalty for each offense, except as noted in
paragraph (d) of this section:
* * * * *
(d) The maximum penalty value listed in this section is shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
7. Appendix II to subpart V is amended by revising section 1 of
part A to read as follows:
Appendix II to Subpart V of Part 85--Arbitration Rules
Part A--Pre-Hearing
Section 1: Initiation of Arbitration
Either party may commence an arbitration under these rules by
filing at any regional office of the American Arbitration
Association (the AAA) three copies of a written submission to
arbitrate under these rules, signed by either party. It shall
contain a statement of the matter in dispute, the amount of money
involved, the remedy sought, and the hearing locale requested,
together with the appropriate administrative fee as provided in the
Administrative Fee Schedule of the AAA in effect at the time the
arbitration is filed. The filing party shall notify the MOD Director
in writing within 14 days of when it files for arbitration and
provide the MOD Director with the date of receipt of the bill by the
part manufacturer.
Unless the AAA in its discretion determines otherwise and no
party disagrees, the Expedited Procedures (as described in Part E of
these Rules) shall be applied in any case where no disclosed claim
or counterclaim exceeds $32,500, exclusive of interest and
arbitration costs. Parties may also agree to the Expedited
Procedures in cases involving claims in excess of $32,500.
All other cases, including those involving claims not in excess
of $32,500 where either party so desires, shall be administered in
accordance with Parts A through D of these Rules.
[[Page 54864]]
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES
8. The authority citation for part 86 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
9. Section 86.004-16 is amended by revising paragraph (d) to read
as follows:
Sec. 86.004-16 Prohibition of defeat devices.
* * * * *
(d) For vehicle and engine designs designated by the Administrator
to be investigated for possible defeat devices:
(1) General. The manufacturer must show to the satisfaction of the
Administrator that the vehicle or engine design does not incorporate
strategies that reduce emission control effectiveness exhibited during
the applicable Federal emissions test procedures when the vehicle or
engine is operated under conditions which may reasonably be expected to
be encountered in normal operation and use, unless one of the specific
exceptions set forth in the definition of ``defeat device'' in Sec.
86.004-2 has been met.
(2) Information submissions required. The manufacturer will provide
an explanation containing detailed information (including information
which the Administrator may request to be submitted) regarding test
programs, engineering evaluations, design specifications, calibrations,
on-board computer algorithms, and design strategies incorporated for
operation both during and outside of the applicable Federal emission
test procedure.
10. Section 86.004-26 is amended by revising paragraph (c)(4) to
read as follows:
Sec. 86.004-26 Mileage and service accumulation; emission
measurements.
* * * * *
(c) * * *
(4) The manufacturer shall determine, for each engine family, the
number of hours at which the engine system combination is stabilized
for emission-data testing. The manufacturer shall maintain, and provide
to the Administrator if requested, a record of the rationale used in
making this determination. The manufacturer may elect to accumulate 125
hours on each test engine within an engine family without making a
determination. Any engine used to represent emission-data engine
selections under Sec. 86.094-24(b)(2) shall be equipped with an engine
system combination that has accumulated at least the number of hours
determined under this paragraph. Complete exhaust emission tests shall
be conducted for each emission-data engine selection under Sec.
86.094-24(b)(2). Evaporative emission controls must be connected, as
described in 40 CFR part 1065, subpart F. The Administrator may
determine under Sec. 86.094-24(f) that no testing is required.
* * * * *
11. Section 86.007-11 is amended by revising paragraphs (a)(2) and
(a)(3)(i) and adding paragraph (g)(6) to read as follows:
Sec. 86.007-11 Emission standards and supplemental requirements for
2007 and later model year heavy-duty engines and vehicles.
* * * * *
(a) * * *
(2) The standards set forth in paragraph (a)(1) of this section
refer to the exhaust emitted over the duty cycle specified in
paragraphs (a)(2)(i) through (iii) of this section, where exhaust
emissions are measured and calculated as specified in paragraphs
(a)(2)(iv) and (v) of this section in accordance with the procedures
set forth in 40 CFR part 1065, except as noted in Sec. 86.007-
23(c)(2):
(i) Perform the test interval set forth in paragraph (f)(2) of
Appendix I of this part with a cold-start according to 40 CFR part
1065, subpart F. This is the cold-start test interval.
(ii) Shut down the engine after completing the test interval and
allow 20 minutes to elapse. This is the hot-soak.
(iii) Repeat the test interval. This is the hot-start test
interval.
(iv) Calculate the total emission mass of each constituent, m, and
the total work, W, over each test interval according to 40 CFR
1065.650.
(v) Determine your engine's brake-specific emissions using the
following calculation, which weights the emissions from the cold-start
and hot-start test intervals:
[GRAPHIC] [TIFF OMITTED] TP10SE04.000
(3) * * *
(i) Exhaust emissions, as determined under Sec. 86.1360-2007(b)
pertaining to the supplemental emission test cycle, for each regulated
pollutant shall not exceed 1.0 times the applicable emission standards
or FELs specified in paragraph (a)(1) of this section.
* * * * *
(g) * * *
(6) Manufacturers may determine the number of engines and vehicles
that are allowed to certify to the NOX plus NMHC standard in
Sec. 86.004-11 based on calendar years 2007, 2008, and 2009, rather
than model years 2007, 2008, and 2009.
* * * * *
12. Section 86.007-21 is amended by revising paragraph (o) to read
as follows:
Sec. 86.007-21 Application for certification.
* * * * *
(o) For diesel heavy-duty engines, the manufacturer must provide
the following additional information pertaining to the supplemental
emission test conducted under Sec. 86.1360-2007:
(1) Weighted brake-specific emissions data (i.e., in units of g/
bhp-hr), calculated according to 40 CFR 1065.650 for all pollutants for
which an emission standard is established in Sec. 86.004-11(a) or
subsequent sections;
(2) For engines subject to the MAEL (see Sec. 86.007-
11(a)(3)(ii)), brake specific gaseous emission data for each of the 12
non-idle test points (identified under Sec. 86.1360-2007(b)(1)) and
the 3 EPA-selected test points (identified under Sec. 86.1360-
2007(b)(2));
(3) For engines subject to the MAEL (see Sec. 86.007-
11(a)(3)(ii)), concentrations and mass flow rates of all regulated
gaseous emissions plus carbon dioxide;
(4) Values of all emission-related engine control variables at each
test point;
(5) Weighted break-specific particulate matter (i.e., in units of
g/bhp-hr);
(6) A statement that the test results correspond to the test engine
selection criteria in 40 CFR 1065.401. The manufacturer also must
maintain records at the manufacturer's facility which contain all test
data, engineering analyses, and other information which provides the
basis for this statement, where such information exists. The
manufacturer must provide such
[[Page 54865]]
information to the Administrator upon request;
(7) For engines subject to the MAEL (see Sec. 86.007-
11(a)(3)(ii)), a statement that the engines will comply with the
weighted average emissions standard and interpolated values comply with
the Maximum Allowable Emission Limits specified in Sec. 86.007-
11(a)(3) for the useful life of the engine where applicable. The
manufacturer also must maintain records at the manufacturer's facility
which contain a detailed description of all test data, engineering
analyses, and other information which provides the basis for this
statement, where such information exists. The manufacturer must provide
such information to the Administrator upon request.
* * * * *
PART 86--[AMENDED]
13. Part 86 is amended by removing the first Sec. 86.008-10, which
was added on October 6, 2000.
14. Section 86.084-2 is amended by revising the definition for
``Curb-idle'' to read as follows:
Sec. 86.084-2 Definitions.
* * * * *
Curb-idle means:
(1) For manual transmission code light-duty trucks, the engine
speed with the transmission in neutral or with the clutch disengaged
and with the air conditioning system, if present, turned off. For
automatic transmission code light-duty trucks, curb-idle means the
engine speed with the automatic transmission in the Park position (or
Neutral position if there is no Park position), and with the air
conditioning system, if present, turned off.
(2) For manual transmission code heavy-duty engines, the
manufacturer's recommended engine speed with the clutch disengaged. For
automatic transmission code heavy-duty engines, curb idle means the
manufacturer's recommended engine speed with the automatic transmission
in gear and the output shaft stalled. (Measured idle speed may be used
in lieu of curb-idle speed for the emission tests when the difference
between measured idle speed and curb idle speed is sufficient to cause
a void test under 40 CFR 1065.530 but not sufficient to permit
adjustment in accordance with 40 CFR part 1065, subpart E.
* * * * *
15. Section 86.096-38 is amended by revising paragraph (g)(19)(iii)
to read as follows:
Sec. 86.096-38 Maintenance instructions.
* * * * *
(g) * * *
(19) * * *
(iii) Any person who violates a provision of this paragraph (g)
shall be subject to a civil penalty of not more than $32,500 per day
for each violation. This maximum penalty is shown for calendar year
2004. Maximum penalty limits for later years may be set higher based on
the Consumer Price Index, as specified in 40 CFR part 19. In addition,
such person shall be liable for all other remedies set forth in Title
II of the Clean Air Act, remedies pertaining to provisions of Title II
of the Clean Air Act, or other applicable provisions of law.
16. Section 86.121-90 is amended by revising paragraph (d)
introductory text to read as follows:
Sec. 86.121-90 Hydrocarbon analyzer calibration.
* * * * *
(d) FID response factor to methane. When the FID analyzer is to be
used for the analysis of gasoline, diesel, methanol, ethanol, liquefied
petroleum gas, and natural gas-fueled vehicle hydrocarbon samples, the
methane response factor of the analyzer must be established. To
determine the total hydrocarbon FID response to methane, known methane
in air concentrations traceable to the National Institute of Standards
and Technology (NIST) must be analyzed by the FID. Several methane
concentrations must be analyzed by the FID in the range of
concentrations in the exhaust sample. The total hydrocarbon FID
response to methane is calculated as follows:
rCH4 = FIDppm/SAMppm
Where:
* * * * *
17. Section 86.144-94 is amended by revising paragraph (c)(8)(vi)
to read as follows:
Sec. 86.144-94 Calculations; exhaust emissions.
* * * * *
(c) * * *
(8) * * *
(vi) rCH4 = HC FID response to methane as measured in
Sec. 86.121(d).
* * * * *
18. Section 86.158-00 is amended by revising the introductory text
to read as follows:
Sec. 86.158-00 Supplemental Federal Test Procedures; overview.
The procedures described in Sec. Sec. 86.158-00, 86.159-00,
86.160-00, and 86.162-00 discuss the aggressive driving (US06) and air
conditioning (SC03) elements of the Supplemental Federal Test
Procedures (SFTP). These test procedures consist of two separable test
elements: A sequence of vehicle operation that tests exhaust emissions
with a driving schedule (US06) that tests exhaust emissions under high
speeds and accelerations (aggressive driving); and a sequence of
vehicle operation that tests exhaust emissions with a driving schedule
(SC03) which includes the impacts of actual air conditioning operation.
These test procedures (and the associated standards set forth in
subpart S of this part) are applicable to light-duty vehicles and
light-duty trucks.
* * * * *
19. Section 86.159-00 is amended by revising paragraph (f)(2)(ix)
to read as follows:
Sec. 86.159-00 Exhaust emission test procedure for US06 emissions.
* * * * *
(f) * * *
(2) * * *
(ix) Turn the engine off 2 seconds after the end of the last
deceleration (i.e., engine off at 596 seconds).
* * * * *
20. Section 86.160-00 is amended by revising the first sentence of
paragraph (a), and paragraphs (c)(10), (c)(12), (d)(10), and (d)(13) to
read as follows:
Sec. 86.160-00 Exhaust emission test procedure for SC03 emissions.
(a) Overview. The dynamometer operation consists of a single, 600
second test on the SC03 driving schedule, as described in appendix I,
paragraph (h), of this part. * * *
* * * * *
(c) * * *
(10) Eighteen seconds after the engine starts, begin the initial
vehicle acceleration of the driving schedule.
* * * * *
(12) Turn the engine off 2 seconds after the end of the last
deceleration (i.e., engine off at 596 seconds).
* * * * *
(d) * * *
(10) Turn the engine off 2 seconds after the end of the last
deceleration (i.e., engine off at 596 seconds).
* * * * *
(13) Immediately after the end of the sample period, turn off the
cooling fan, disconnect the exhaust tube from the vehicle tailpipe(s),
and drive the vehicle from dynamometer.
* * * * *
21. Section 86.161-00 is amended by revising paragraph (b)(1) to
read as follows:
[[Page 54866]]
Sec. 86.161-00 Air conditioning environmental test facility ambient
requirements.
* * * * *
(b) * * *
(1) Ambient humidity is controlled, within the test cell, during
all phases of the air conditioning test sequence to an average of 100
+/-5 grains of water/pound of dry air.
* * * * *
22. Section 86.164-00 is amended by revising paragraph (c)(1)(i)
introductory text to read as follows:
Sec. 86.164-00 Supplemental federal test procedure calculations.
* * * * *
(c)(1) * * *
(i) YWSFTP = 0.35(YFTP) + 0.37(YSC03)
+ 0.28(YUS06)
Where:
* * * * *
23. A new Sec. 86.413-2006 is added to read as follows:
Sec. 86.413-2006 Labeling.
(a)(1) The manufacturer of any motorcycle shall, at the time of
manufacture, affix a permanent, legible label, of the type and in the
manner described below, containing the information hereinafter
provided, to all production models of such vehicles available for sale
to the public and covered by a certificate of conformity.
(2) A permanent, legible label shall be affixed in a readily
accessible position. Multi-part labels may be used.
(3) The label shall be affixed by the vehicle manufacturer who has
been issued the certificate of conformity for such vehicle, in such a
manner that it cannot be removed without destroying or defacing the
label, and shall not be affixed to any part which is easily detached
from the vehicle or is likely to be replaced during the useful life of
the vehicle.
(4) The label shall contain the following information lettered in
the English language in block letters and numerals, which shall be of a
color that contrasts with the background of the label:
(i) The label heading shall read: ``Vehicle Emission Control
Information'';
(ii) Full corporate name and trademark of the manufacturer;
(iii) Engine displacement (in cubic centimeters or liters) and
engine family identification;
(iv) Engine tuneup specifications and adjustments, as recommended
by the manufacturer, including, if applicable: idle speed, ignition
timing, and the idle air-fuel mixture setting procedure and value
(e.g., idle CO, idle air-fuel ratio, idle speed drop). These
specifications shall indicate the proper transmission position during
tuneup, and which accessories should be in operation and which systems
should be disconnected during a tuneup;
(v) Any specific fuel or engine lubricant requirements (e.g., lead
content, research octane number, engine lubricant type);
(vi) Identification of the exhaust emission control system, using
abbreviations in accordance with SAE J1930, June 1993, including the
following abbreviations for items commonly appearing on motorcycles:
OC Oxidation catalyst;
TWC Three-way catalyst;
AIR Secondary air injection (pump);
PAIR Pulsed secondary air injection
DFI Direct fuel injection;
O2S Oxygen sensor;
HO2S Heated oxygen sensor;
EM Engine modification;
CFI Continuous fuel injection;
MFI Multi-port (electronic) fuel injection; and
TBI Throttle body (electronic) fuel injection.
(viii) An unconditional statement of conformity to U.S. EPA
regulations which includes the model year; for example, ``This Vehicle
Conforms to U.S. EPA Regulations Applicable to ------ Model Year New
Motorcycles'' (the blank is to be filled in with the appropriate model
year). For all Class III motorcycles and for Class I and Class II
motorcycles demonstrating compliance with the averaging provisions in
40 CFR 86.449 the statement must also include the phrase ``is certified
to an HC+NOX emission standard of ------ grams/mile'' (the
blank is to be filled in with the Family Emission Limit determined by
the manufacturer).
(b) The provisions of this section shall not prevent a manufacturer
from also reciting on the label that such vehicle conforms to any other
applicable Federal or State standards for new motorcycles or any other
information that such manufacturer deems necessary for, or useful to,
the proper operation and satisfactory maintenance of the vehicle.
24. Section 86.447-2006 is revised to read as follows:
Sec. 86.447-2006 What provisions apply to motorcycle engines below 50
cc that are certified under the Small SI program or the Recreational-
vehicle program?
(a) General provisions. If you are an engine manufacturer, this
section allows you to introduce into commerce a new highway motorcycle
(that is, a motorcycle that is a motor vehicle) if it has an engine
below 50 cc that is already certified to the requirements that apply to
engines or vehicles under 40 CFR part 90 or 1051 for the appropriate
model year. If you comply with all the provisions of this section, we
consider the certificate issued under 40 CFR part 90 or 1051 for each
engine or vehicle to also be a valid certificate of conformity under
this part 86 for its model year, without a separate application for
certification under the requirements of this part 86. See Sec. 86.448-
2006 for similar provisions that apply to vehicles that are certified
to chassis-based standards under 40 CFR part 1051.
(b) Vehicle-manufacturer provisions. If you are not an engine
manufacturer, you may produce highway motorcycles using nonroad engines
below 50 cc under this section as long as the engine has been properly
labeled as specified in paragraph (d)(5) of this section and you do not
make any of the changes described in paragraph (d)(2) of this section.
If you modify the nonroad engine in any of the ways described in
paragraph (d)(2) of this section for installation in a highway
motorcycle, we will consider you a manufacturer of a new highway
motorcycle. Such engine modifications prevent you from using the
provisions of this section.
(c) Liability. Engines for which you meet the requirements of this
section, and vehicles containing these engines, are exempt from all the
requirements and prohibitions of this part, except for those specified
in this section. Engines and vehicles exempted under this section must
meet all the applicable requirements from 40 CFR part 90 or 1051. This
applies to engine manufacturers, vehicle manufacturers who use these
engines, and all other persons as if these engines were used in
recreational vehicles or other nonroad applications. The prohibited
acts of 40 CFR part 85 apply to these new highway motorcycles; however,
we consider the certificate issued under 40 CFR part 90 or 1051 for
each engine to also be a valid certificate of conformity under this
part 86 for its model year. If we make a determination that these
engines do not conform to the regulations during their useful life, we
may require you to recall them under 40 CFR part 86, 90, or 1068.
(d) Specific requirements. If you are an engine manufacturer and
meet all the following criteria and requirements regarding your new
engine, the highway motorcycle is eligible for an exemption under this
section:
(1) Your engine must be below 50 cc and must be covered by a valid
certificate of conformity for Class II engines issued under 40 CFR part
90 or
[[Page 54867]]
for recreational vehicles under 40 CFR part 1051.
(2) You must not make any changes to the certified engine that
could reasonably be expected to increase its exhaust emissions for any
pollutant, or its evaporative emissions, if applicable. For example, if
you make any of the following changes to one of these engines, you do
not qualify for this exemption:
(i) Change any fuel system or evaporative system parameters from
the certified configuration.
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the engine
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that
temperatures or heat rejection rates are outside the original engine
manufacturer's specified ranges.
(3) You must show that fewer than 50 percent of the engine model's
total sales for the model year, from all companies, are used in highway
motorcycles, as follows:
(i) If you are the original manufacturer of the engine, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the engine to confirm this based on its sales information.
(4) You must ensure that the engine has the label we require under
40 CFR part 90 or 1051.
(5) You must add a permanent supplemental label to the engine in a
position where it will remain clearly visible after installation in the
equipment. In the supplemental label, do the following:
(i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION
CONTROL INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT
AFFECTING ITS EMISSION CONTROLS.''.
(iv) State the date you finished installation (month and year), if
applicable.
(6) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone
number.
(ii) List the engine models you expect to produce under this
exemption in the coming year.
(iii) State: ``We produce each listed engine model for nonroad
application without making any changes that could increase its
certified emission levels, as described in 40 CFR 1048.605.''.
(e) Failure to comply. If your highway motorcycles do not meet the
criteria listed in paragraph (d) of this section, they will be subject
to the standards, requirements, and prohibitions of this part 86 and
the certificate issued under 40 CFR part 90 or 1051 will not be deemed
to also be a certificate issued under this part 86. Introducing these
engines into commerce without a valid exemption or certificate of
conformity under this part violates the prohibitions in 40 CFR part 85.
(f) Data submission. We may require you to send us emission test
data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Engines
adapted for recreational use under this section may not generate or use
emission credits under this part 86. These engines may generate credits
under the ABT provisions in 40 CFR part 90 or 1051. These engines must
use emission credits under 40 CFR part 90 or 1051 if they are certified
to an FEL that exceeds an applicable standard.
25. Section 86.448-2006 is revised to read as follows:
Sec. 86.448-2006 What provisions apply to vehicles certified under
the Recreational-vehicle program?
(a) General provisions. If you are a highway-motorcycle
manufacturer, this section allows you to introduce into commerce a new
highway motorcycle with an engine below 50 cc if it is already
certified to the requirements that apply to recreational vehicles under
40 CFR parts 1051. A highway motorcycle is a motorcycle that is a motor
vehicle. If you comply with all of the provisions of this section, we
consider the certificate issued under 40 CFR part 1051 for each
recreational vehicle to also be a valid certificate of conformity for
the motor vehicle under this part 86 for its model year, without a
separate application for certification under the requirements of this
part 86. See Sec. 86.447-2006 for similar provisions that apply to
nonroad engines produced for highway motorcycles.
(b) Nonrecreational-vehicle provisions. If you are not a
recreational-vehicle manufacturer, you may produce highway motorcycles
from recreational vehicles with engines below 50 cc under this section
as long as the highway motorcycle has the labels specified in paragraph
(d)(5) of this section and you do not make any of the changes described
in paragraph (d)(2) of this section. If you modify the recreational
vehicle or its engine in any of the ways described in paragraph (d)(2)
of this section for installation in a highway motorcycle, we will
consider you a manufacturer of a new highway motorcycle. Such
modifications prevent you from using the provisions of this section.
(c) Liability. Vehicles for which you meet the requirements of this
section are exempt from all the requirements and prohibitions of this
part, except for those specified in this section. Engines and vehicles
exempted under this section must meet all the applicable requirements
from 40 CFR part 1051. This applies to engine manufacturers, vehicle
manufacturers, and all other persons as if the highway motorcycles were
recreational vehicles. The prohibited acts of 40 CFR part 85 apply to
these new highway motorcycles; however, we consider the certificate
issued under 40 CFR part 1051 for each recreational vehicle to also be
a valid certificate of conformity for the highway motorcycle under this
part 86 for its model year. If we make a determination that these
engines or vehicles do not conform to the regulations during their
useful life, we may require you to recall them under 40 CFR part 86 or
40 CFR 1068.505.
(d) Specific requirements. If you are a recreational-vehicle
manufacturer and meet all the following criteria and requirements
regarding your new highway motorcycle and its engine, the highway
motorcycle is eligible for an exemption under this section:
(1) Your motorcycle must have an engine below 50 cc and it must be
covered by a valid certificate of conformity as a recreational vehicle
issued under 40 CFR part 1051.
(2) You must not make any changes to the certified recreational
vehicle that we could reasonably expect to increase its exhaust
emissions for any pollutant, or its evaporative emissions if it is
subject to evaporative-emission standards. For example, if you make any
of the following changes, you do not qualify for this exemption:
(i) Change any fuel system parameters from the certified
configuration.
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the vehicle
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that
temperatures or
[[Page 54868]]
heat rejection rates are outside the original vehicle manufacturer's
specified ranges.
(3) You must show that fewer than 50 percent of the total sales as
a highway motorcycle or a recreational vehicle, from all companies, are
used in highway motorcycles, as follows:
(i) If you are the original manufacturer of the vehicle, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the vehicle to confirm this based on their sales information.
(4) The highway motorcycle must have the vehicle emission control
information we require under 40 CFR part 1051.
(5) You must add a permanent supplemental label to the highway
motorcycle in a position where it will remain clearly visible. In the
supplemental label, do the following:
(i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION
CONTROL INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS VEHICLE WAS ADAPTED FOR HIGHWAY USE WITHOUT
AFFECTING ITS EMISSION CONTROLS.''.
(iv) State the date you finished modifying the vehicle (month and
year), if applicable.
(6) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone
number.
(ii) List the highway motorcycle models you expect to produce under
this exemption in the coming year.
(iii) State: ``We produced each listed highway motorcycle without
making any changes that could increase its certified emission levels,
as described in 40 CFR 86.448-2006.''.
(e) Failure to comply. If your highway motorcycles do not meet the
criteria listed in paragraph (d) of this section, they will be subject
to the standards, requirements, and prohibitions of this part 86 and 40
CFR part 85, and the certificate issued under 40 CFR part 1051 will not
be deemed to also be a certificate issued under this part 86.
Introducing these motorcycles into commerce without a valid exemption
or certificate of conformity under this part violates the prohibitions
in 40 CFR part 85.
(f) Data submission. We may require you to send us emission test
data on the duty cycle for Class I motorcycles.
(g) Participation in averaging, banking and trading. Recreational
vehicles adapted for use as highway motorcycles under this section may
not generate or use emission credits under this part 86. These engines
may generate credits under the ABT provisions in 40 CFR part 1051.
These engines must use emission credits under 40 CFR part 1051 if they
are certified to an FEL that exceeds an applicable standard.
25a. In Sec. 86.513-2004, Table 1 in paragraph (a)(1) is amended
to read as follows:
Sec. 86.513-2004 Fuel and engine lubricant specifications.
* * * * *
(a) * * *
(1) * * *
Table 1 of Sec. 86.513-2004.--Gasoline Test Fuel Specifications
----------------------------------------------------------------------------------------------------------------
Item Procedure Value
----------------------------------------------------------------------------------------------------------------
Distillation Range:
1. Initial boiling point, [deg]C..... ASTM D 86-97.................... \1\ 23.9-35.0
2. 10% point, [deg]C................. ASTM D 86-97.................... 48.9-57.2
3. 50% point, [deg]C................. ASTM D 86-97.................... 93.3-110.0
4. 90% point, [deg]C................. ASTM D 86-97.................... 148.9-162.8
5. End point, [deg]C................. ASTM D 86-97.................... 212.8
Hydrocarbon composition:
1. Olefins, volume %................. ASTM D 1319-98.................. 10 maximum.
2. Aromatics, volume %............... ASTM D 1319-98.................. 35 maximum.
3. Saturates......................... ASTM D 1319-98.................. Remainder.
Lead (organic), g/liter.............. ASTM D 3237..................... 0.013 maximum.
Phosphorous, g/liter................. ASTM D 3231..................... 0.0013 maximum.
Sulfur, weight %..................... ASTM D 1266..................... 0.008 maximum.
Volatility (Reid Vapor Pressure), kPa ASTM D 323...................... \1\ 55.2 to 63.4.
----------------------------------------------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m, the specified volatility range is 52 to 55 kPa and the specified
initial boiling point range is (23.9 to 40.6) [deg]C.
* * * * *
26. Section 86.884-8 is amended by revising paragraph (c)
introductory text to read as follows:
Sec. 86.884-8 Dynamometer and engine equipment.
* * * * *
(c) An exhaust system with an appropriate type of smokemeter placed
10 to 32 feet from the exhaust manifold(s), turbocharger outlet(s),
exhaust aftertreatment device(s), or crossover junction (on Vee
engines), whichever is farthest downstream. The smoke exhaust system
shall present an exhaust backpressure within +0.2 inch Hg of the upper
limit at maximum rated horsepower, as established by the engine
manufacturer in his sales and service literature for vehicle
application. The following options may also be used:
* * * * *
27. Section 86.884-10 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 86.884-10 Information.
* * * * *
(a) Engine description and specifications. A copy of the
information specified in this paragraph must accompany each engine sent
to the Administrator for compliance testing. If the engine is submitted
to the Administrator for testing under subpart N of this part or 40 CFR
part 1065, only the specified information need accompany the engine.
The manufacturer need not record the information specified in this
paragraph for each test if the information, with the exception of
paragraphs (a)(3), (a)(12), and (a)(13) of this section, is included in
the manufacturer's part I.
* * * * *
28. Section 86.884-12 is amended by revising paragraph (c)(2) to
read as follows:
[[Page 54869]]
Sec. 86.884-12 Test run.
* * * * *
(c) * * *
(2) Warm up the engine by the procedure described in 40 CFR
1065.530.
* * * * *
29. Section 86.1005-90 is amended by revising paragraphs (a)(1)(i),
(a)(1)(ii), (a)(2)(vi)(A), and (a)(2)(vi)(B) to read as follows:
Sec. 86.1005-90 Maintenance of records; submittal of information.
(a) * * *
(1) * * *
(i) If testing heavy-duty gasoline-fueled or methanol-fueled Otto-
cycle engines, the equipment requirements specified in 40 CFR part
1065, subparts B and C;
(ii) If testing heavy-duty petroleum-fueled or methanol-fueled
diesel engines, the equipment requirements specified in 40 CFR part
1065, subparts B and C;
* * * * *
(2) * * *
(vi) * * *
(A) If testing gasoline-fueled or methanol-fueled Otto-cycle heavy-
duty engines, the record requirements specified in 40 CFR 1065.695;
(B) If testing petroleum-fueled or methanol-fueled diesel heavy-
duty engines, the record requirements specified in 40 CFR 1065.695;
* * * * *
30. Section 86.1108-87 is amended by revising paragraphs (a)(1)(i),
(a)(1)(ii), (a)(2)(vi)(A), and (a)(2)(vi)(B) to read as follows:
Sec. 86.1108-87 Maintenance of records.
(a) * * *
(1) * * *
(i) If testing heavy-duty gasoline engines, the equipment
requirements specified in 40 CFR part 1065, subparts B and C;
(ii) If testing heavy-duty diesel engines, the equipment
requirements specified in 40 CFR part 1065, subparts B and C;
* * * * *
(2) * * *
(vi) * * *
(A) If testing heavy-duty gasoline engines, the record requirements
specified in 40 CFR 1065.695;
(B) If testing heavy-duty diesel engines, the record requirements
specified in 40 CFR 1065.695;
* * * * *
30a. A new Sec. 86.1213-08 is added to read as follows:
Sec. 86.1213-08 Fuel specifications.
The test fuels listed in 40 CFR part 1065, subpart H, shall be used
for evaporative emission testing.
31. Section 86.1301-90 is redesignated as Sec. 86.1301 and revised
to read as follows:
Sec. 86.1301 Scope; applicability.
This subpart specifies gaseous emission test procedures for Otto-
cycle and diesel heavy-duty engines, and particulate emission test
procedures for diesel heavy-duty engines, as follows:
(a) For model years 1990 through 2003, manufacturers must use the
test procedures specified in Sec. 86.1305-90.
(b) For model years 2004 and 2005, manufacturers must use the test
procedures specified in Sec. 86.1305-2004.
(c) For model years 2006 and 2007, manufacturers may use the test
procedures specified in Sec. 86.1305-2004 or Sec. 86.1305-2008.
(d) For model years 2008 and later, manufacturers must use the test
procedures specified in Sec. 86.1305-2008.
(e) As allowed under subpart A of this part, manufacturers may use
carryover data from previous model years to demonstrate compliance with
emission standards, without regard to the provisions of this section.
32. Section 86.1304-90 is redesignated as Sec. 86.1304 and amended
by revising paragraph (a) to read as follows:
Sec. 86.1304 Section numbering; construction.
(a) Section numbering. The model year of initial applicability is
indicated by the section number. The digits following the hyphen
designate the first model year for which a section is applicable. The
section continues to apply to subsequent model years unless a later
model year section is adopted. (Example: Sec. 86.13xx-2004 applies to
the 2004 and subsequent model years. If a Sec. 86.13xx-2007 is
promulgated it would apply beginning with the 2007 model year; Sec.
86.13xx-2004 would apply to model years 2004 through 2006.)
* * * * *
14. A new Sec. 86.1305-2008 is added to read as follows:
Sec. 86.1305-2008 Introduction; structure of subpart.
(a) This subpart specifies the equipment and procedures for
performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-
duty engines. Subpart A of this part sets forth the emission standards
and general testing requirements to comply with EPA certification
procedures.
(b) Use the applicable equipment and procedures for spark-ignition
or compression-ignition engines in 40 CFR part 1065 to determine
whether engines meet the duty-cycle emission standards in subpart A of
this part. Measure the emissions of all regulated pollutants as
specified in 40 CFR part 1065. Note that we generally do not allow
partial-flow sampling for measuring PM emissions on a laboratory
dynamometer for transient testing. Use the duty cycles and procedures
specified in Sec. 86.1358-2007, Sec. 86.1360-2007, and Sec. 86.1362-
2007. Adjust emission results from engines using aftertreatment
technology with infrequent regeneration events as described in Sec.
86.004-28.
(c) The provisions in Sec. 86.1370-2007 and Sec. 86.1372-2007
apply for determining whether an engine meets the applicable not-to-
exceed emission standards.
(d) Measure smoke using the procedures in subpart I of this part
for evaluating whether engines meet the smoke standards in subpart A of
this part.
(e) Use the fuels specified in 40 CFR part 1065 to perform valid
tests, as follows:
(1) For service accumulation, use the test fuel or any commercially
available fuel that is representative of the fuel that in-use engines
will use.
(2) For diesel-fueled engines, use the ultra low-sulfur diesel fuel
specified in 40 CFR part 1065 for emission testing.
(f) You may use special or alternate procedures to the extent we
allow them under 40 CFR 1065.10.
(g) This subpart is addressed to you as a manufacturer, but it
applies equally to anyone who does testing for you.
33. Section 86.1321-90 is amended by revising paragraph (a)(3)(ii)
to read as follows:
Sec. 86.1321-90 Hydrocarbon analyzer calibration.
* * * * *
(a) * * *
(3) * * *
(ii) The HFID optimization procedures outlined in Sec. 86.331-
79(c).
* * * * *
34. Section 86.1321-94 is amended by revising paragraph (a)(3)(ii)
to read as follows:
Sec. 86.1321-94 Hydrocarbon analyzer calibration.
* * * * *
(a) * * *
(3) * * *
(ii) The procedure listed in Sec. 86.331-79(c).
* * * * *
35. Section 86.1360-2007 is amended by revising paragraph (b),
removing and reserving paragraphs (c) and (e), and
[[Page 54870]]
removing paragraphs (h), and (i) to read as follows:
Sec. 86.1360-2007 Supplemental emission test; test cycle and
procedures.
* * * * *
(b) Test cycle. (1) Perform testing as described in Sec. 86.1362-
2007 for determining whether an engine meets the applicable standards
when measured over the supplemental emission test.
(2) For engines not certified to a NOX standard or FEL
less than 1.5 g/bhp-hr, EPA may select, and require the manufacturer to
conduct the test using, up to three discrete test points within the
control area defined in paragraph (d) of this section. EPA will notify
the manufacturer of these supplemental test points in writing in a
timely manner before the test. Emission sampling for these discrete
test modes must include all regulated pollutants except particulate
matter.
* * * * *
35a. A new Sec. 86.1362-2007 is added to read as follows:
Sec. 86.1362-2007 How do I measure emissions using ramped-modal
procedures?
This section describes how to test engines under steady-state
conditions.
(a) Perform steady-state testing with ramped-modal cycles. Start
sampling at the beginning of the first mode and continue sampling until
the end of the last mode. Calculate emissions as described in 40 CFR
1065.650 and cycle statistics as described in 40 CFR 1065.514.
(b) Measure emissions by testing the engine on a dynamometer with
the following duty cycle to determine whether it meets the applicable
steady-state emission standards:
----------------------------------------------------------------------------------------------------------------
Time in mode
RMC mode (seconds) Engine speed 1, 2 Torque (percent) 2, 3
----------------------------------------------------------------------------------------------------------------
1a Steady-state.................. 170 Warm Idle................ 0
1b Transition.................... 20 Linear Transition........ Linear Transition
2a Steady-state.................. 170 A........................ 100
2b Transition.................... 20 A........................ Linear Transition.
3a Steady-state.................. 102 A........................ 25
3b Transition.................... 20 A........................ Linear Transition.
4a Steady-state.................. 100 A........................ 75
4b Transition.................... 20 A........................ Linear Transition.
5a Steady-state.................. 103 A........................ 50
5b Transition.................... 20 Linear Transition........ Linear Transition.
6a Steady-state.................. 194 B........................ 100
6b Transition.................... 20 B........................ Linear Transition.
7a Steady-state.................. 219 B........................ 25
7b Transition.................... 20 B........................ Linear Transition.
8a Steady-state.................. 220 B........................ 75
8b Transition.................... 20 B........................ Linear Transition.
9a Steady-state.................. 219 B........................ 50
9b Transition.................... 20 Linear Transition........ Linear Transition.
10a Steady-state................. 171 C........................ 100
10b Transition................... 20 C........................ Linear Transition.
11a Steady-state................. 102 C........................ 25
11b Transition................... 20 C........................ Linear Transition.
12a Steady-state................. 100 C........................ 75
12b Transition................... 20 C........................ Linear Transition.
13a Steady-state................. 102 C........................ 50
13b Transition................... 20 Linear Transition........ Linear Transition.
14 Steady-state.................. 168 Warm Idle................ 0
----------------------------------------------------------------------------------------------------------------
1 Speed terms are defined in 40 CFR part 1065.
2 Advance from one mode to the next within a 20-second transition phase. During the transition phase, command a
linear progression from the speed or torque setting of the current mode to the speed or torque setting of the
next mode.
3 The percent torque is relative to maximum torque at the commanded engine speed.
(c) During idle mode, operate the engine with the following
parameters:
(1) Hold the speed within your specifications.
(2) Set the engine to operate at its minimum fueling rate.
(3) Keep engine torque under 5 percent of maximum test torque.
(d) For full-load operating modes, operate the engine at its
maximum fueling rate.
(e) See 40 CFR part 1065 for detailed specifications of tolerances
and calculations.
(f) Perform the ramped-modal test with a warmed-up engine. If the
ramped-modal test follows directly after testing over the Federal Test
Procedure, consider the engine warm. Otherwise, operate the engine to
warm it up as described in 40 CFR part 1065, subpart F.
36. Section 86.1509-84 is amended by revising paragraphs (c) and
(d) to read as follows:
Sec. 86.1509-84 Exhaust gas sampling system.
* * * * *
(c) A CVS sampling system with bag or continuous analysis as
specified in 40 CFR part 1065 is permitted as applicable. The inclusion
of an additional raw carbon dioxide (CO2) analyzer as
specified in 40 CFR part 1065 is required if the CVS system is used, in
order to accurately determine the CVS dilution factor. The heated
sample line specified in 40 CFR part 1065 for raw emission requirements
is not required for the raw CO2 measurement.
(d) A raw exhaust sampling system as specified in 40 CFR part 1065
is permitted.
37. Section 86.1511-84 is amended by revising paragraphs (a)(1) and
(b) to read as follows:
Sec. 86.1511-84 Exhaust gas analysis system.
(a) * * *
[[Page 54871]]
(1) The analyzer used shall conform to the accuracy provisions of
40 CFR part 1065, subparts C, D, and F.
* * * * *
(b) The inclusion of a raw CO2 analyzer as specified in
40 CFR part 1065 is required in order to accurately determine the CVS
dilution factor.
38. Section 86.1513-90 is revised to read as follows:
Sec. 86.1513-90 Fuel specifications.
The requirements of this section are set forth in Sec. 86.1313-94
for heavy-duty engines, and in Sec. 86.113-90(a) for light-duty
trucks.
39. Section 86.1513-94 is revised to read as follows:
Sec. 86.1513-94 Fuel specifications.
The requirements of this section are set forth in 40 CFR part 1065,
subpart H, for heavy-duty engines and in Sec. 86.113-94 for light-duty
trucks.
40. Section 86.1514-84 is amended by revising paragraphs (b) and
(c) to read as follows:
Sec. 86.1514-84 Analytical gases.
* * * * *
(b) If the raw CO sampling system specified in 40 CFR part 1065 is
used, the analytical gases specified in 40 CFR part 1065, subpart H,
shall be used.
(c) If a CVS sampling system is used, the analytical gases
specified in 40 CFR part 1065, subpart H, shall be used.
41. Section 86.1519-84 is revised to read as follows:
Sec. 86.1519-84 CVS calibration.
If the CVS system is used for sampling during the idle emission
test, the calibration instructions are specified in 40 CFR part 1065,
subpart D, for heavy-duty engines, and Sec. 86.119-78 for light-duty
trucks.
42. Section 86.1524-84 is revised to read as follows:
Sec. 86.1524-84 Carbon dioxide analyzer calibration.
(a) The calibration requirements for the dilute-sample
CO2 analyzer are specified in 40 CFR part 1065, subpart D,
for heavy-duty engines and Sec. 86.124-78 for light-duty trucks.
(b) The calibration requirements for the raw CO2
analyzer are specified in 40 CFR part 1065, subpart D.
43. Section 86.1530-84 is amended by revising paragraph (b) to read
as follows:
Sec. 86.1530-84 Test sequence; general requirements.
* * * * *
(b) Ambient test cell conditions during the test shall be those
specified in Sec. 86.130-78 or 40 CFR part 1065, subpart F.
44. Section 86.1537-84 is amended by revising paragraphs (c),
(e)(6), and (f) to read as follows:
Sec. 86.1537-84 Idle test run.
* * * * *
(c) Achieve normal engine operating condition. The transient engine
or chassis dynamometer test is an acceptable technique for warm-up to
normal operating condition for the idle test. If the emission test is
not performed prior to the idle emission test, a heavy-duty engine may
be warmed-up according to 40 CFR part 1065, subpart F. A light-duty
truck may be warmed up by operation through one Urban Dynamometer
Driving Schedule test procedure (see Sec. 86.115-78 and appendix I to
this part).
* * * * *
(e) * * *
(6) For bag sampling, sample idle emissions long enough to obtain a
sufficient bag sample, but in no case shorter than 60 seconds nor
longer than 6 minutes. Follow the sampling and exhaust measurements
requirements of 40 CFR part 1065, subpart F, for conducting the raw
CO2 measurement.
* * * * *
(f) If the raw exhaust sampling and analysis technique specified in
40 CFR part 1065 is used, the following procedures apply:
(1) Warm up the engine or vehicle per paragraphs (c) and (d) of
this section. Operate the engine or vehicle at the conditions specified
in paragraph (e)(4) of this section.
(2) Follow the sampling and exhaust measurement requirements of 40
CFR part 1065, subpart F. The idle sample shall be taken for 60 seconds
minimum, and no more than 64 seconds. The chart reading procedures of
40 CFR part 1065, subpart F, shall be used to determine the analyzer
response.
* * * * *
45. Section 86.1540-84 is amended by revising paragraphs (b) and
(c) to read as follows:
Sec. 86.1540-84 Idle exhaust sample analysis.
* * * * *
(b) If the CVS sampling system is used, the analysis procedures for
dilute CO and CO2 specified in 40 CFR part 1065 apply.
Follow the raw CO2 analysis procedure specified in 40 CFR
part 1065, subpart F, for the raw CO2 analyzer.
(c) If the continuous raw exhaust sampling technique specified in
40 CFR part 1065 is used, the analysis procedures for CO specified in
40 CFR part 1065, subpart F, apply.
46. Section 86.1542-84 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 86.1542-84 Information required.
(a) General data--heavy-duty engines. Information shall be recorded
for each idle emission test as specified in 40 CFR part 1065, subpart
G. The following test data are required:
* * * * *
47. Section 86.1544-84 is amended by revising paragraphs (b)(1),
(b)(2), and (c) to read as follows:
Sec. 86.1544-84 Calculation; idle exhaust emissions.
* * * * *
(b) * * *
(1) Use the procedures, as applicable, in 40 CFR 1065.650 to
determine the dilute wet-basis CO and CO2 in percent.
(2) Use the procedure, as applicable, in 40 CFR 1065.650 to
determine the raw dry-basis CO2 in percent.
* * * * *
(c) If the raw exhaust sampling and analysis system specified in 40
CFR part 1065 is used, the percent for carbon monoxide on a dry basis
shall be calculated using the procedure, as applicable, in 40 CFR
1065.650.
48. Section 86.1708-99 is amended by revising Tables R99-5 and R99-
6 to read as follows:
Sec. 86.1708-99 Exhaust emission standards for 1999 and later light-
duty vehicles.
* * * * *
(c) * * *
(2) * * *
Table R99-5.--Intermediate Useful Life (50,000 Mile) In-Use Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Vehicle emission category Model year NMOG CO NOX HCHO
----------------------------------------------------------------------------------------------------------------
LEV........................... 1999............ 0.100 3.4 0.3 0.015
ULEV.......................... 1999-2002....... 0.055 2.1 0.3 0.008
----------------------------------------------------------------------------------------------------------------
[[Page 54872]]
Table R99-6.--Full Useful Life (100,000 Mile) In-Use Standards (g/mi) for Light-duty Vehicles
----------------------------------------------------------------------------------------------------------------
Vehicle emission category Model year NMOG CO NOX HCHO
----------------------------------------------------------------------------------------------------------------
LEV........................... 1999............ 0.125 4.2 0.4 0.018
ULEV.......................... 1999-2002....... 0.075 3.4 0.4 0.011
----------------------------------------------------------------------------------------------------------------
* * * * *
49. Section 86.1709-99 is amended by revising paragraph (c)(1)
introductory text and by revising Table R99-14.2, to read as follows:
Sec. 86.1709-99 Exhaust emission standards for 1999 and later light
light-duty trucks.
* * * * *
(c) * * *
(1) 1999 model year light light-duty trucks certified as LEVs and
1999 through 2002 model year light light-duty trucks certified as ULEVs
shall meet the applicable intermediate and full useful life in-use
standards in paragraph (c)(2) of this section, according to the
following provisions:
* * * * *
(e) * * *
(2) * * *
Table R99-14.2.--SFTP Exhaust Emission Standards (g/mi) for LEVs and ULEVs
----------------------------------------------------------------------------------------------------------------
US06 Test A/C Test
Loaded vehicle weight (lbs) ---------------------------------------------------------------
NMHC + NOX CO NMHC + NOX CO
----------------------------------------------------------------------------------------------------------------
0-3750.......................................... 0.14 8.0 0.20 2.7
3751-5750....................................... 0.25 10.5 0.27 3.5
----------------------------------------------------------------------------------------------------------------
* * * * *
50.Section 86.1710-99 is amended by revising paragraph (c)(8)
introductory text to read as follows:
Sec. 86.1710-99 Fleet average non-methane organic gas exhaust
emission standards for light-duty vehicles and light light-duty trucks.
* * * * *
(c) * * *
(8) Manufacturers may earn and bank credits in the NTR for model
years 1997 and 1998. In states without a Section 177 Program effective
in model year 1997 or 1998, such credits will be calculated as set
forth in paragraphs (a) and (b) of this section, except that the
applicable fleet average NMOG standard shall be 0.25 g/mi NMOG for the
averaging set for light light-duty trucks from 0-3750 lbs LVW and
light-duty vehicles or 0.32 g/mi NMOG for the averaging set for light
light-duty trucks from 3751-5750 lbs LVW. In states that opt into
National LEV and have a Section 177 Program effective in model year
1997 or 1998, such credits will equal the unused credits earned in
those states.
* * * * *
51.Section 86.1711-99 is amended by revising the section heading
and paragraph (a) to read as follows:
Sec. 86.1711-99 Limitations on sale of Tier 1 vehicles and TLEVs.
(a) In the 2001 and subsequent model years, manufacturers may sell
Tier 1 vehicles and TLEVs in the NTR only if vehicles with the same
engine families are certified and offered for sale in California in the
same model year, except as provided under Sec. 86.1707(d)(4).
* * * * *
52. Section 86.1808-01 is amended by revising paragraph
(f)(19)(iii) to read as follows:
Sec. 86.1808-01 Maintenance instructions.
* * * * *
(f) * *
(19) * *
(iii) Any person who violates a provision of this paragraph (f)
shall be subject to a civil penalty of not more than $32,500 per day
for each violation. This maximum penalty is shown for calendar year
2004. Maximum penalty limits for later years may be set higher based on
the Consumer Price Index, as specified in 40 CFR part 19. In addition,
such person shall be liable for all other remedies set forth in Title
II of the Clean Air Act, remedies pertaining to provisions of Title II
of the Clean Air Act, or other applicable provisions of law.
53. Section 86.1811-04 is amended by revising Table SO4-2 in
paragraph (c)(6) to read as follows;
Sec. 86.1811-04 Emission standards for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles.
* * * * *
(c) * * *
(6) * * *
Table S04-2.--Tier 2 and Interim Non-Tier 2 Intermediate Useful Life (50,000 Mile) Exhaust Mass Emission Standards (Grams per Mile)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bin No. NOX NMOG CO HCHO PM Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
11....................................... 0.6 0.195 5.0 0.022 .............. a c f h
10....................................... 0.4 0.125/0.160 3.4/4.4 0.015/0.018 .............. a b d f g h
9........................................ 0.2 0.075/0.140 3.4 0.015 .............. a b e f g h
8........................................ 0.14 0.100/0.125 3.4 0.015 .............. b f h i
7........................................ 0.11 0.075 3.4 0.015 .............. f h
6........................................ 0.08 0.075 3.4 0.015 .............. f h
5........................................ 0.05 0.075 3.4 0.015 .............. f h
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
a This bin deleted at end of 2006 model year (end of 2008 model year for HLDTs and MDPVs ).
b Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only.
c This bin is only for MDPVs.
[[Page 54873]]
d Optional NMOG standard of 0.195 g/mi applies for qualifying LDT4s and qualifying MDPVs only.
e Optional NMOG standard of 0.100 g/mi applies for qualifying LDT2s only.
f The full useful life PM standards from Table S04-1 also apply at intermediate useful life.
g Intermediate life standards of this bin are optional for diesels.
h Intermediate life standards are optional for vehicles certified to a useful life of 150,000 miles.
i Higher NMOG standard deleted at end of 2008 model year.
* * * * *
22. In Appendix I to Part 86 paragraph (a) is amended by revising
the table entries for ``961'' and ``1345'', paragraph (b) is amended by
revising the table entries for ``363,'' ``405,'' ``453,'' ``491,''
``577,'' ``662,'' ``663,'' ``664,'' and ``932'', and paragraph (h) is
amended by adding table entries for ``595,'' ``596,'' ``597,'' ``598,''
``599,'' and ``600'' in numerical order to read as follows:
Appendix I to Part 86--Urban Dynamometer Schedules
(a) EPA Urban Dynamometer Driving Schedule for Light-Duty
Vehicles and Light-Duty Trucks.
EPA Urban Dynamometer Driving Schedule
[Speed versus time sequence]
------------------------------------------------------------------------
Speed
Time (sec.) (m.p.h.)
------------------------------------------------------------------------
* * * * *
961........................................................ 5.3
* * * * *
1345....................................................... 18.3
* * * * *
------------------------------------------------------------------------
(b) EPA Urban Dynamometer Driving Schedule for Light-Duty
Vehicles, Light-Duty Trucks, and Motorcycles with engine
displacements equal to or greater than 170 cc (10.4 cu. in.).
Speed Versus Time Sequence
------------------------------------------------------------------------
Speed
Time (seconds) (kilometers
per hour)
------------------------------------------------------------------------
* * * * *
363........................................................ 52.8
* * * * *
405........................................................ 14.8
* * * * *
453........................................................ 31.9
* * * * *
491........................................................ 55.5
* * * * *
577........................................................ 27.4
* * * * *
662........................................................ 42.0
663........................................................ 42.2
664........................................................ 42.2
* * * * *
932........................................................ 40.2
* * * * *
------------------------------------------------------------------------
* * * * *
(h) EPA SC03 Driving Schedule for Light-Duty Vehicles and Light-
Duty Trucks.
EPA SC03 Driving Schedule
[Speed versus time sequence]
------------------------------------------------------------------------
Time (sec) Speed (mph)
------------------------------------------------------------------------
* * * * *
595........................................................ 0.0
596........................................................ 0.0
597........................................................ 0.0
598........................................................ 0.0
599........................................................ 0.0
600........................................................ 0.0
------------------------------------------------------------------------
PART 89--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES
54. The authority citation for part 89 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
55. Section 89.1 is amended by revising paragraph (b)(4)(ii) to
read as follows:
Sec. 89.1 Applicability.
* * * * *
(b) * *
(4) * *
(ii) Are exempted from the requirements of 40 CFR part 94 by
exemption provisions of 40 CFR part 94 other than those specified in 40
CFR 94.907 or 94.912.
* * * * *
56. Section 89.2 is amended by removing the definitions for
``Marine diesel engine'' and ``Vessel'', revising the definition of
``United States'', and adding definitions for ``Amphibious vehicle'',
``Marine engine'', and ``Marine vessel'' to read as follows:
Sec. 89.2 Definitions.
* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
57. Section 89.102 is amended by revising paragraph (d)(1)(i) to
read as follows:
Sec. 89.102 Effective dates, optional inclusion, flexibility for
equipment manufacturers.
* * * * *
(d) * * *
(1) * * *
(i) Equipment rated at or above 37 kW. For nonroad equipment and
vehicles with engines rated at or above 37 kW, a manufacturer may take
any of the actions identified in Sec. 89.1003(a)(1) for a portion of
its U.S.-directed production volume of such equipment and vehicles
during the seven years immediately following the date on which Tier 2
engine standards first apply to engines used in such equipment and
vehicles, provided that the seven-year sum of these portions in each
year, as expressed as a percentage for each year, does not exceed 80,
and provided that all such equipment and vehicles or equipment contain
Tier 1 or Tier 2 engines;
* * * * *
[[Page 54874]]
58. Section 89.110 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 89.110 Emission control information label.
* * * * *
(b) * * *
(2) The full corporate name and trademark of the manufacturer;
though the label may identify another company and use its trademark
instead of the manufacturer's if the provisions of Sec. 89.1009 are
met.
* * * * *
59. Section 89.112 is amended by revising paragraph (f)(3) to read
as follows:
Sec. 89.112 Oxides of nitrogen, carbon monoxide, hydrocarbon, and
particulate matter exhaust emission standards.
* * * * *
(f) * * *
(3) Test procedures. NOX, NMHC, and PM emissions are
measured using the procedures set forth in 40 CFR part 1065, in lieu of
the procedures set forth in subpart E of this part. CO emissions may be
measured using the procedures set forth either in 40 CFR part 1065 or
in Subpart E of this part. Manufacturers may use an alternate procedure
to demonstrate the desired level of emission control if approved in
advance by the Administrator. Engines meeting the requirements to
qualify as Blue Sky Series engines must be capable of maintaining a
comparable level of emission control when tested using the procedures
set forth in paragraph (c) of this section and subpart E of this part.
The numerical emission levels measured using the procedures from
subpart E of this part may be up to 20 percent higher than those
measured using the procedures from 40 CFR part 1065 and still be
considered comparable.
60. Section 89.130 is revised to read as follows:
Sec. 89.130 Rebuild practices.
The provisions of 40 CFR 1068.120 apply to rebuilding of engines
subject to the requirements of this part 89.
61. Section 89.301 is amended by revising paragraph (d) to read as
follows:
Sec. 89.301 Scope; applicability.
* * * * *
(d) Additional information about system design, calibration
methodologies, and so forth, for raw gas sampling can be found in 40
CFR part 1065. Examples for system design, calibration methodologies,
and so forth, for dilute exhaust gas sampling can be found in 40 CFR
part 1065.
62. Section 89.319 is amended by revising paragraphs (b)(2)(i) and
(c) introductory text to read as follows:
Sec. 89.319 Hydrocarbon analyzer calibration.
(b) * * *
(2) * * *
(i) The HFID optimization procedures outlined in 40 CFR part 1065,
subpart D.
* * * * *
(c) Initial and periodic calibration. Prior to introduction into
service, after any maintenance which could alter calibration, and
monthly thereafter, the FID or HFID hydrocarbon analyzer shall be
calibrated on all normally used instrument ranges using the steps in
this paragraph (c). Use the same flow rate and pressures as when
analyzing samples. Calibration gases shall be introduced directly at
the analyzer, unless the ``overflow'' calibration option of 40 CFR part
1065, subpart F, for the HFID is taken. New calibration curves need not
be generated each month if the existing curve can be verified as
continuing to meet the requirements of paragraph (c)(3) of this
section.
* * * * *
63. Section 89.320 is amended by revising paragraph (d) to read as
follows:
Sec. 89.320 Carbon monoxide analyzer calibration.
* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065 may be used
in lieu of the procedures specified in this section.
64. Section 89.321 is amended by revising paragraph (d) to read as
follows:
Sec. 89.321 Oxides of nitrogen analyzer calibration.
* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065 may be used
in lieu of the procedures specified in this section.
65. Section 89.322 is amended by revising paragraph (b) to read as
follows:
Sec. 89.322 Carbon dioxide analyzer calibration.
* * * * *
(b) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065 may be used
in lieu of the procedures in this section.
66. Section 89.410 is amended by adding paragraph (e) to read as
follows:
Sec. 89.410 Engine test cycle.
* * * * *
(e) Manufacturers may optionally use the ramped-modal duty cycles
corresponding to the discrete-mode duty cycles specified in this
section, as described in 40 CFR 1039.505.
67. Section 89.419 is amended by revising paragraphs (a)
introductory text, (a)(3)(i), (b)(1) introductory text, (b)(2)(i),
(b)(2)(v)(B), (b)(4)(ii), and (b)(4)(iii) to read as follows:
Sec. 89.419 Dilute gaseous exhaust sampling and analytical system
description.
(a) General. The exhaust gas sampling system described in this
section is designed to measure the true mass of gaseous emissions in
the exhaust of petroleum-fueled nonroad compression-ignition engines.
This system utilizes the CVS concept (described in 40 CFR part 1065,
subparts A and B) of measuring mass emissions of HC, CO, and
CO2. A continuously integrated system is required for HC and
NOX measurement and is allowed for all CO and CO2
measurements. The mass of gaseous emissions is determined from the
sample concentration and total flow over the test period. As an option,
the measurement of total fuel mass consumed over a cycle may be
substituted for the exhaust measurement of CO2. General
requirements are as follows:
* * * * *
(3) * * *
(i) Bag sampling (see 40 CFR part 1065) and analytical capabilities
(see 40 CFR part 1065), as shown in Figure 2 and Figure 3 in appendix A
to this subpart; or
* * * * *
(b) * * *
(1) Exhaust dilution system. The PDP-CVS shall conform to all of
the requirements listed for the exhaust gas PDP-CVS in 40 CFR part
1065. The CFV-CVS shall conform to all of the requirements listed for
the exhaust gas CFV-CVS in 40 CFR part 1065. In addition, the CVS must
conform to the following requirements:
* * * * *
(2) * * *
(i) The continuous HC sample system (as shown in Figure 2 or 3 in
appendix A to this subpart) uses an ``overflow'' zero and span system.
In this type of system, excess zero or span gas spills out of the probe
when zero and span checks of the analyzer are made. The ``overflow''
system may also be used to calibrate the HC analyzer according to 40
CFR part 1065, subpart F, although this is not required.
* * * * *
[[Page 54875]]
(v) * * *
(B) Have a wall temperature of 191 [deg]C 11 [deg]C
over its entire length. The temperature of the system shall be
demonstrated by profiling the thermal characteristics of the system
where possible at initial installation and after any major maintenance
performed on the system. The profiling shall be accomplished using the
insertion thermocouple probing technique. The system temperature will
be monitored continuously during testing at the locations and
temperature described in 40 CFR 1065.145.
* * * * *
(4) * * *
(ii) The continuous NOX, CO, or CO2 sampling
and analysis system shall conform to the specifications of 40 CFR
1065.145 with the following exceptions and revisions:
(A) The system components required to be heated by 40 CFR 1065.145
need only be heated to prevent water condensation, the minimum
component temperature shall be 55 [deg]C.
(B) The system response shall meet the specifications in 40 CFR
part 1065, subpart C.
(C) Alternative NOX measurement techniques outlined in
40 CFR part 1065, subpart D, are not permitted for NOX
measurement in this subpart.
(D) All analytical gases must conform to the specifications of
Sec. 89.312.
(E) Any range on a linear analyzer below 155 ppm must have and use
a calibration curve conforming to Sec. 89.310.
(iii) The chart deflections or voltage output of analyzers with
non-linear calibration curves shall be converted to concentration
values by the calibration curve(s) specified in Sec. 89.313 before
flow correction (if used) and subsequent integration takes place.
68. Section 89.421 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 89.421 Exhaust gas analytical system; CVS bag sample.
* * * * *
(b) Major component description. The analytical system, Figure 4 in
appendix A to this subpart, consists of a flame ionization detector
(FID) (heated for petroleum-fueled compression-ignition engines to 191
[deg]C 6 [deg]C) for the measurement of hydrocarbons,
nondispersive infrared analyzers (NDIR) for the measurement of carbon
monoxide and carbon dioxide, and a chemiluminescence detector (CLD) (or
HCLD) for the measurement of oxides of nitrogen. The exhaust gas
analytical system shall conform to the following requirements:
(1) The CLD (or HCLD) requires that the nitrogen dioxide present in
the sample be converted to nitric oxide before analysis. Other types of
analyzers may be used if shown to yield equivalent results and if
approved in advance by the Administrator.
(2) If CO instruments are used which are essentially free of
CO2 and water vapor interference, the use of the
conditioning column may be deleted. (See 40 CFR part 1065, subpart D.)
(3) A CO instrument will be considered to be essentially free of
CO2 and water vapor interference if its response to a
mixture of 3 percent CO2 in N2, which has been
bubbled through water at room temperature, produces an equivalent CO
response, as measured on the most sensitive CO range, which is less
than 1 percent of full scale CO concentration on ranges above 300 ppm
full scale or less than 3 ppm on ranges below 300 ppm full scale. (See
40 CFR part 1065, subpart D.)
(c) Alternate analytical systems. Alternate analysis systems
meeting the specifications of 40 CFR part 1065, subpart A, may be used
for the testing required under this subpart. Heated analyzers may be
used in their heated configuration.
* * * * *
69. Section 89.424 is amended by revising the note at the end of
paragraph (d)(3) to read as follows:
Sec. 89.424 Dilute emission sampling calculations.
* * * * *
(d) * * *
(3) * * *
(Note: If a CO instrument that meets the criteria specified in
40 CFR part 1065, subpart C, is used without a sample dryer
according to 40 CFR 1065.145, COem must be substituted
directly for COe and COdm must be substituted
directly for COd.)
* * * * *
70. Appendix A to Subpart F is amended by revising Table 1 to read
as follows:
Appendix A to Subpart F of Part 89--Sampling Plans for Selective
Enforcement Auditing of Nonroad Engines
Table 1.--Sampling Plan Code Letter
------------------------------------------------------------------------
Annual engine family sales Code letter
------------------------------------------------------------------------
20-50....................................... AA\1\
20-99....................................... A
100-299..................................... B
300-499..................................... C
500 or greater.............................. D
------------------------------------------------------------------------
\1\ A manufacturer may optionally use either the sampling plan for code
letter ``AA'' or sampling plan for code letter ``A'' for Selective
Enforcement Audits of engine families with annual sales between 20 and
50 engines. Additionally, the manufacturer may switch between these
plans during the audit.
* * * * *
71. Section 89.603 is amended by adding paragraph (e) to read as
follows:
Sec. 89.603 General requirements for importation of nonconforming
nonroad engines.
* * * * *
(e)(1) The applicable emission standards for engines imported by an
ICI under this subpart are the emission standards applicable to the
Original Production (OP) year of the engine.
(2) Where engine manufacturers have choices in emission standards
for one or more pollutants in a given model year, the standard that
applies to the ICI is the least stringent standard for that pollutant
applicable to the OP year for the appropriate power category.
(3) ICIs may not generate, use or trade emission credits or
otherwise participate in any way in the averaging, banking and trading
program.
(4) An ICI may import no more than a total of 5 engines under the
certificate(s) it receives under this part for any given model year,
except as allowed by paragraph (e)(5) of this section. For ICIs owned
by a parent company, the importation limit includes importation by the
parent company and all its subsidiaries.
(5) An ICI may exceed the limit outlined in paragraph (e)(4) of
this section, provided that any engines in excess of the limit meet the
emission standards and other requirements outlined in the applicable
provisions of Part 89 or 1039 of this chapter for the model year in
which the engine is modified (instead of the emission standards and
other requirements applicable for the OP year of the vehicle/engine).
72. Section 89.612 is amended by revising paragraph (d) to read as
follows:
Sec. 89.612 Prohibited acts; penalties.
* * * * *
(d) An importer who violates section 213(d) and section 203 of the
Act is subject to the provisions of section 209 of the Act and is also
subject to a civil penalty under section 205 of the Act of
[[Page 54876]]
not more than $32,500 for each nonroad engine subject to the violation.
In addition to the penalty provided in the Act, where applicable, a
person or entity who imports an engine under the exemption provisions
of Sec. 89.611(b) and, who fails to deliver the nonroad engine to the
U.S. Customs Service is liable for liquidated damages in the amount of
the bond required by applicable Customs laws and regulations. The
maximum penalty value listed in this paragraph (d) is shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
73. A new Sec. 89.913 is added to subpart J to read as follows:
Sec. 89.913 What provisions apply to engines certified under the
motor-vehicle program?
You may use the provisions of 40 CFR 1039.605 to introduce new
nonroad engines into commerce if they are already certified to the
requirements that apply to compression-ignition engines under 40 CFR
parts 85 and 86. For the purposes of this section, all references in 40
CFR 1039.605 to 40 CFR part 1039 or sections in that part are replaced
by references to this part 89 or the corresponding sections in this
part 89.
74. A new Sec. 89.914 is added to subpart J to read as follows:
Sec. 89.914 What provisions apply to vehicles certified under the
motor-vehicle program?
You may use the provisions of 40 CFR 1039.610 to introduce new
nonroad engines or equipment into commerce if the vehicle is already
certified to the requirements that apply under 40 CFR parts 85 and 86.
For the purposes of this section, all references in 40 CFR 1039.610 to
40 CFR part 1039 or sections in that part are replaced by references to
this part 89 or the corresponding sections in this part 89.
75. Section 89.1003 is amended by removing and reserving paragraphs
(b)(5) and (b)(6), redesignating (b)(7)(iv) as (b)(7)(vii), revising
paragraphs (a)(3)(iii), (b)(7)(ii), and (b)(7)(iii), and adding
paragraphs (b)(7)(iv) and (b)(7)(viii) to read as follows:
Sec. 89.1003 Prohibited acts.
(a) * * *
(3) * * *
(iii) For a person to deviate from the provisions of Sec. 89.130
when rebuilding an engine (or rebuilding a portion of an engine or
engine system). Such a deviation violates paragraph (a)(3)(i) of this
section.
* * * * *
(b) * * *
(7) * * *
(ii) The engine manufacturer or its agent takes ownership and
possession of the engine being replaced or confirms that the engine has
been destroyed; and
(iii) If the engine being replaced was not certified to any
emission standards under this part, the replacement engine must have a
permanent label with your corporate name and trademark and the
following language, or similar alternate language approved by the
Administrator:
THIS ENGINE DOES NOT COMPLY WITH U.S. EPA NONROAD OR HIGHWAY
EMISSION REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY
PURPOSE OTHER THAN TO REPLACE A NONROAD ENGINE BUILT BEFORE JANUARY 1,
[Insert appropriate year reflecting when the earliest tier of standards
began to apply to engines of that size and type] MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
(iv) If the engine being replaced was certified to emission
standards less stringent than those in effect when you produce the
replacement engine, the replacement engine must have a permanent label
with your corporate name and trademark and the following language, or
similar alternate language approved by the Administrator:
THIS ENGINE COMPLIES WITH U.S. EPA NONROAD EMISSION REQUIREMENTS
UNDER THE PROVISIONS OF 40 CFR 89.1003(b)(7). SELLING OR INSTALLING
THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A NONROAD ENGINE
BUILT BEFORE JANUARY 1, [Insert appropriate year reflecting when the
next tier of emission standards began to apply] MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
(viii) The provisions of this section may not be used to circumvent
emission standards that apply to new engines under this part.
76. Section 89.1006 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as
follows:
Sec. 89.1006 Penalties.
(a) * * *
(1) A person who violates Sec. 89.1003(a)(1), (a)(4), or (a)(6),
or a manufacturer or dealer who violates Sec. 89.1003(a)(3)(i), is
subject to a civil penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
89.1003(a)(3)(i) or any person who violates Sec. 89.1003(a)(3)(ii) is
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *
(5) A person who violates Sec. 89.1003(a)(2) or (a)(5) is subject
to a civil penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator may
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding shall not exceed $270,000, unless
the Administrator and the Attorney General jointly determine that a
matter involving a larger penalty amount is appropriate for
administrative penalty assessment. Any such determination by the
Administrator and the Attorney General is not subject to judicial
review. Assessment of a civil penalty shall be by an order made on the
record after opportunity for a hearing held in accordance with the
procedures found at part 22 of this chapter. The Administrator may
compromise, or remit, with or without conditions, any administrative
penalty which may be imposed under this section.
* * * * *
77. A new Sec. 89.1009 is added to subpart K to read as follows:
Sec. 89.1009 What special provisions apply to branded engines?
The following provisions apply if you identify the name and
trademark of another company instead of your own on your emission
control information label, as provided by Sec. 89.110(b)(2):
(a) You must have a contractual agreement with the other company
that obligates that company to take the following steps:
[[Page 54877]]
(1) Meet the emission warranty requirements that apply under this
part. This may involve a separate agreement involving reimbursement of
warranty-related expenses.
(2) Report all warranty-related information to the certificate
holder.
(b) In your application for certification, identify the company
whose trademark you will use and describe the arrangements you have
made to meet your requirements under this section.
(c) You remain responsible for meeting all the requirements of this
chapter, including warranty and defect-reporting provisions.
PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES
AT OR BELOW 19 KILOWATTS
78. The authority citation for part 90 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
79. Section 90.1 is amended by removing and reserving paragraph
(d)(4), revising paragraphs (b) and (d)(5), and adding paragraph (c) to
read as follows:
Sec. 90.1 Applicability.
* * * * *
(b) In certain cases, the regulations in this part 90 also apply to
new engines with a gross power output above 19 kW that would otherwise
be covered by 40 CFR part 1048 or 1051. See 40 CFR 1048.615 or
1051.145(a)(3) for provisions related to this allowance.
(c) In certain cases, the regulations in this part 90 apply to new
engines below 50 cc used in motorcycles that are motor vehicles. See 40
CFR 86.447-2006 or 86.448-2006 for provisions related to this
allowance.
* * * * *
(d) * * *
(5) Engines certified to meet the requirements of 40 CFR part 1048,
subject to the provisions of Sec. 90.913.
* * * * *
80. Section 90.3 is amended by revising the definitions for
``Marine engine'', ``Marine vessel'', and ``United States'' and adding
definitions for ``Amphibious vehicle'' and ``Maximum engine power'' in
alphabetical order to read as follows:
Sec. 90.3 Definitions.
* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
Maximum engine power means gross power.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
81. Section 90.301 is amended by revising paragraphs (c) and (d) to
read as follows:
Sec. 90.301 Applicability.
* * * * *
(c) Additional information about system design, calibration
methodologies, and so forth, for raw gas sampling can be found in 40
CFR part 1065. Examples for system design, calibration methodologies,
and so forth, for dilute exhaust gas sampling can be found in 40 CFR
part 1065.
(d) For Phase 2 Class I, Phase 2 Class I-B, and Phase 2 Class II
natural gas fueled engines, use the procedures of 40 CFR part 1065 to
measure nonmethane hydrocarbon (NMHC) exhaust emissions from Phase 2
Class I, Phase 2 Class I-B, and Phase 2 Class II natural gas fueled
engines.
82. Section 90.308 is amended by revising paragraph (b)(1) to read
as follows:
Sec. 90.308 Lubricating oil and test fuels.
* * * * *
(b) * * *
(1) The manufacturer must use gasoline having the specifications,
or substantially equivalent specifications approved by the
Administrator, as specified in Table 3 in Appendix A of this subpart
for exhaust emission testing of gasoline fueled engines. As an option,
manufacturers may use the fuel specified in 40 CFR part 1065, subpart
H, for gasoline-fueled engines.
* * * * *
83. Section 90.316 is amended by revising paragraphs (b)(2)(ii) and
(c) introductory text to read as follows:
Sec. 90.316 Hydrocarbon analyzer calibration.
* * * * *
(b) * * *
(2) * * *
(ii) The HFID optimization procedures outlined in 40 CFR part 1065,
subpart D.
* * * * *
(c) Initial and periodic calibration. Prior to initial use and
monthly thereafter, or within one month prior to the certification
test, the FID or HFID hydrocarbon analyzer must be calibrated on all
normally used instrument ranges using the steps in this paragraph. Use
the same flow rate and pressures as when analyzing samples. Introduce
calibration gases directly at the analyzer. An optional method for
dilute sampling described in 40 CFR part 1065, subpart F, may be used.
* * * * *
84. Section 90.318 is amended by revising paragraph (d) to read as
follows:
Sec. 90.318 Oxides of nitrogen analyzer calibration.
* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subpart D,
may be used in lieu of the procedures specified in this section.
85. Section 90.320 is amended by revising paragraph (b) to read as
follows:
Sec. 90.320 Carbon dioxide analyzer calibration.
* * * * *
(b) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subparts C
and D, may be used in lieu of the procedures in this section.
86. Section 90.401 is amended by revising paragraph (d) to read as
follows:
Sec. 90.401 Applicability.
* * * * *
(d) For Phase 2 Class I, Phase 2 Class I-B, and Phase 2 Class II
natural gas fueled engines, use the equipment specified in 40 CFR part
1065, subparts D and E, to measure nonmethane hydrocarbon (NMHC)
exhaust emissions from Phase 2 Class I, Phase 2 Class I-B, and Phase 2
Class II natural gas fueled engines.
87. Section 90.421 is amended by revising paragraph (b)
introductory text,
[[Page 54878]]
(b)(4)(ii), and (b)(4)(iii) to read as follows:
Sec. 90.421 Dilute gaseous exhaust sampling and analytical system
description.
* * * * *
(b) Component description. The components necessary for exhaust
sampling must meet the following requirements:
* * * * *
(4) * * *
(ii) Conform to the continuous NOX, CO, or
CO2 sampling and analysis system to the specifications of 40
CFR 1065.145, with the following exceptions and revisions:
(A) Heat the system components requiring heating only to prevent
water condensation, the minimum component temperature is 55 [deg]C.
(B) Coordinate analysis system response time with CVS flow
fluctuations and sampling time/test cycle offsets to meet the time-
alignment and dispersion specifications in 40 CFR part 1065, subpart C.
(C) Use only analytical gases conforming to the specifications of
40 CFR 1065.750 for calibration, zero and span checks.
(D) Use a calibration curve conforming to 40 CFR part 1065,
subparts C and D, for CO, CO2, and NOX for any
range on a linear analyzer below 155 ppm.
(iii) Convert the chart deflections or voltage output of analyzers
with non-linear calibration curves to concentration values by the
calibration curve(s) specified in 40 CFR part 1065, subpart D, before
flow correction (if used) and subsequent integration takes place.
88. Section 90.613 is amended by revising paragraph (d) to read as
follows:
Sec. 90.613 Prohibited acts; penalties.
* * * * *
(d) An importer who violates section 213(d) and section 203 of the
Act is subject to a civil penalty under section 205 of the Act of not
more than $32,500 for each engine subject to the violation. In addition
to the penalty provided in the Act, where applicable, under the
exemption provisions of Sec. 90.612(b), a person or entity who fails
to deliver the engine to the U.S. Customs Service is liable for
liquidated damages in the amount of the bond required by applicable
Customs laws and regulations. The maximum penalty value listed in this
paragraph (d) is shown for calendar year 2004. Maximum penalty limits
for later years may be adjusted based on the Consumer Price Index. The
specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based.
89. A new Sec. 90.913 is added to subpart J to read as follows:
Sec. 90.913 Exemption for engines certified to standards for Large SI
engines.
(a) An engine is exempt from the requirements of this part if it is
in an engine family that has a valid certificate of conformity showing
that it meets emission standards and other requirements under 40 CFR
part 1048 for the appropriate model year.
(b) The only requirements or prohibitions from this part that apply
to an engine that is exempt under this section are in this section.
(c) If your engines do not have the certificate required in
paragraph (a) of this section, they will be subject to the provisions
of this part. Introducing these engines into commerce without a valid
exemption or certificate of conformity violates the prohibitions in
Sec. 90.1003.
(d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 1048. The requirements
and restrictions of 40 CFR part 1048 apply to anyone manufacturing
these engines, anyone manufacturing equipment that uses these engines,
and all other persons in the same manner as if these were nonroad
spark-ignition engines above 19 kW.
(e) Engines exempted under this section may not generate or use
emission credits under this part 90.
90. Section 90.1006 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as
follows:
Sec. 90.1006 Penalties.
(a) * * *
(1) A person who violates Sec. 90.1003(a)(1), (a)(4), or (a)(5),
or a manufacturer or dealer who violates Sec. 90.1003(a)(3)(i), is
subject to a civil penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
90.1003(a)(3)(i) or any person who violates Sec. 90.1003(a)(3)(ii) is
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *
(5) A person who violates Sec. 90.1003(a)(2) or (a)(6) is subject
to a civil penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator shall
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding can not exceed $270,000, unless the
Administrator and the Attorney General jointly determine that a matter
involving a larger penalty amount is appropriate for administrative
penalty assessment. Any such determination by the Administrator and the
Attorney General is not subject to judicial review. Assessment of a
civil penalty is made by an order made on the record after opportunity
for a hearing held in accordance with the procedures found at part 22
of this chapter. The Administrator may compromise, or remit, with or
without conditions, any administrative penalty which may be imposed
under this section.
* * * * *
PART 91--CONTROL OF EMISSIONS FROM MARINE SPARK-IGNITION ENGINES
91. The authority citation for part 91 is revised to read as
follows:
Authority: 42 U.S.C. 7401--7671q.
92. Section 91.3 is amended by revising the definitions for
``Marine spark-ignition engine'', ``Marine vessel'', and ``United
States'', adding definitions for ``Amphibious vehicle'', ``Marine
engine'', and ``Spark-ignition'' in alphabetical order to read as
follows:
Sec. 91.3 Definitions.
* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
[[Page 54879]]
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine spark-ignition engine means a spark-ignition marine engine
that propels a marine vessel.
* * * * *
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark-ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
93. Section 91.301 is amended by revising paragraph (c) to read as
follows:
Sec. 91.301 Scope; applicability.
* * * * *
(c) Additional information about system design, calibration
methodologies, and so forth, for raw gas sampling can be found in 40
CFR part 1065. Examples for system design, calibration methodologies,
and so forth, for dilute sampling can be found in 40 CFR part 1065.
94. Section 91.316 is amended by revising paragraphs (b)(2)(ii) and
(c) introductory text to read as follows:
Sec. 91.316 Hydrocarbon analyzer calibration.
* * * * *
(b) * * *
(2) * * *
(ii) The HFID optimization procedures outlined in 40 CFR part 1065,
subpart D.
* * * * *
(c) Initial and periodic calibration. Prior to introduction into
service and monthly thereafter, or within one month prior to the
certification test, calibrate the FID or HFID hydrocarbon analyzer on
all normally used instrument ranges, using the steps in this paragraph.
Use the same flow rate and pressures as when analyzing samples.
Introduce calibration gases directly at the analyzer. An optional
method for dilute sampling described in 40 CFR part 1065, subpart F,
may be used.
* * * * *
95. Section 91.318 is amended by revising paragraph (d) to read as
follows:
Sec. 91.318 Oxides of nitrogen analyzer calibration.
* * * * *
(d) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subparts C
and D, may be used in lieu of the procedures specified in this section.
96. Section 91.320 is amended by revising paragraph (b) to read as
follows:
Sec. 91.320 Carbon dioxide analyzer calibration.
* * * * *
(b) The initial and periodic interference, system check, and
calibration test procedures specified in 40 CFR part 1065, subparts C
and D, may be used in lieu of the procedures in this section.
97. Section 91.419 is amended by revising the entry defining
``MHCexh'' in paragraph (b) to read as follows:
Sec. 91.419 Raw emission sampling calculations.
* * * * *
(b) * * *
MHCexh = Molecular weight of hydrocarbons in the
exhaust; see the following equation:
MHCexh = 12.01 + 1.008 x[alpha]
* * * * *
98. Section 91.421 is amended by revising paragraph (b)(4)(ii) and
(b)(4)(iii) to read as follows:
Sec. 91.421 Dilute gaseous exhaust sampling and analytical system
description.
* * * * *
(b) * * *
(4) * * *
(ii) Conform to the continuous NOX, CO2, or
CO2 sampling and analysis system to the specifications of 40
CFR 1065.145, with the following exceptions and revisions:
(A) Heat the system components requiring heating only to prevent
water condensation, the minimum component temperature is 55 [deg]C.
(B) Coordinate analysis system response time with CVS flow
fluctuations and sampling time/test cycle offsets to meet the time-
alignment and dispersion specifications in 40 CFR part 1065, subpart C.
(C) Use only analytical gases conforming to the specifications of
40 CFR 1065.750 for calibration, zero, and span checks.
(D) Use a calibration curve conforming to 40 CFR part 1065,
subparts C and D, for CO, CO2, and NOX for any
range on a linear analyzer below 155 ppm.
(iii) Convert the chart deflections or voltage output of analyzers
with non-linear calibration curves to concentration values by the
calibration curve(s) specified in 40 CFR part 1065, subpart D, before
flow correction (if used) and subsequent integration takes place.
* * * * *
99. Section 91.705 is amended by revising paragraph (d) to read as
follows:
Sec. 91.705 Prohibited acts; penalties.
* * * * *
(d) An importer who violates Sec. 91.1103(a)(1), section 213(d)
and section 203 of the Act is subject to a civil penalty under Sec.
91.1106 and section 205 of the Act of not more than $32,500 for each
marine engine subject to the violation. In addition to the penalty
provided in the Act, where applicable, a person or entity who imports
an engine under the exemption provisions of Sec. 91.704(b) and, who
fails to deliver the marine engine to the U.S. Customs Service by the
end of the period of conditional admission is liable for liquidated
damages in the amount of the bond required by applicable Customs laws
and regulations. The maximum penalty value listed in this paragraph (d)
is shown for calendar year 2004. Maximum penalty limits for later years
may be adjusted based on the Consumer Price Index. The specific
regulatory provisions for changing the maximum penalties, published in
40 CFR part 19, reference the applicable U.S. Code citation on which
the prohibited action is based.
100. Section 91.1106 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as
follows:
Sec. 91.1106 Penalties.
(a) * * *
(1) A person who violates Sec. 91.1103 (a)(1), (a)(4), or (a)(5),
or a manufacturer or dealer who violates Sec. 91.1103(a)(3)(i), is
subject to a civil penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
91.1103(a)(3)(i) or any person who violates Sec. 91.1103(a)(3)(ii) is
subject to a civil penalty of not more than $2,750 for each violation.
* * * * *
[[Page 54880]]
(5) A person who violates Sec. 91.1103 (a)(2) or (a)(6) is subject
to a civil penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The specific regulatory
provisions for changing the maximum penalties, published in 40 CFR part
19, reference the applicable U.S. Code citation on which the prohibited
action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator shall
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding can not exceed $270,000, unless the
Administrator and the Attorney General jointly determine that a matter
involving a larger penalty amount is appropriate for administrative
penalty assessment. Any such determination by the Administrator and the
Attorney General is not subject to judicial review. Assessment of a
civil penalty is made by an order made on the record after opportunity
for a hearing held in accordance with the procedures found at part 22
of this chapter. The Administrator may compromise, or remit, with or
without conditions, any administrative penalty which may be imposed
under this section.
* * * * *
PART 92--CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE
ENGINES
101. The authority citation for part 92 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
102. Section 92.1 is amended by revising paragraphs (a)
introductory text, (b)(3), and (b)(4) and adding paragraph (d) to read
as follows:
Sec. 92.1 Applicability.
(a) Except as noted in paragraphs (b) and (d) of this section, the
provisions of this part apply to manufacturers, remanufacturers, owners
and operators of:
* * * * *
(b) * * *
(3) Locomotive engines which provide only hotel power (see 40 CFR
parts 89 and 1039 to determine if such engines are subject to EPA
emission requirements); or
(4) Nonroad vehicles excluded from the definition of locomotive in
Sec. 92.2, and the engines used in such nonroad vehicles (see 40 CFR
parts 86, 89, and 1039 to determine if such vehicles or engines are
subject to EPA emission requirements).
* * * * *
(d) The provisions of subpart L of this part apply to all persons.
103. Section 92.2 is amended in paragraph (b) by revising the
definitions for Calibration, paragraph (5) of the definition for New
locomotive or new locomotive engine, Repower, and United States to read
as follows:
Sec. 92.2 Definitions.
* * * * *
(b) * * *
* * * * *
Calibration means the set of specifications, including tolerances,
specific to a particular design, version, or application of a
component, or components, or assembly capable of functionally
describing its operation over its working range. This definition does
apply to Subpart B of this part.
* * * * *
New locomotive or new locomotive engine means: * * *
(5) Notwithstanding paragraphs (1) through (3) of this definition,
locomotives and locomotive engines which are owned by a small railroad
and which have never been manufactured or remanufactured into a
certified configuration are not new.
* * * * *
Repower means replacement of the engine in a previously used
locomotive with a freshly manufactured locomotive engine. Replacing a
locomotive engine with a freshly manufactured locomotive engine in a
locomotive that has a refurbished or reconditioned chassis such that
less than 25 percent of the parts of the locomotive were previously
used (as weighted by dollar value) is not repowering.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
104. Section 92.109 is amended by revising paragraph (c)(3) to read
as follows:
Sec. 92.109 Analyzer specifications.
* * * * *
(c) * * *
(3) Alcohols and Aldehydes. The sampling and analysis procedures
for alcohols and aldehydes, where applicable, shall be approved by the
Administrator prior to the start of testing. Procedures are allowed if
they are consistent the general requirements of 40 CFR part 1065,
subpart I, for sampling and analysis of alcohols and aldehydes, and
with good engineering practice.
* * * * *
105. Section 92.114 is amended by revising paragraphs (d)(2)
introductory text and (e)(1) to read as follows:
Sec. 92.114 Exhaust gas and particulate sampling and analytical
system.
* * * * *
(d) * * *
(2) For engine testing, either a locomotive-type or a facility-type
exhaust system (or a combination system) may be used. The exhaust
backpressure for engine testing shall be set between 90 and 100 percent
of the maximum backpressure that will result with the exhaust systems
of the locomotives in which the engine will be used. Backpressure less
than 90 percent of the maximum value is also allowed, provided the
backpressure is within 0.07 psi of the maximum value. The facility-type
exhaust system shall meet the following requirements:
* * * * *
(e) * * *
(1) Dilution of the exhaust prior to sampling is allowed for
gaseous emissions. The equipment and methods used for dilution,
sampling and analysis shall comply with the requirements of 40 CFR part
1065, with the following exceptions and additional requirements:
(i) Proportional sampling and heat exchangers are not required;
(ii) Larger minimum dimensions for the dilution tunnel(s) shall be
specified by the Administrator;
(iii) Other modifications may be made with written approval from
the Administrator.
* * * * *
106. Section 92.123 is amended by revising paragraph (a)(2)(ii) to
read as follows:
Sec. 92.123 Test procedure; general requirements.
(a) * * *
(2) * * *
(ii) None of the measured opacity values for the stack tested are
greater than three-quarters of the level allowed by any of the
applicable smoke standards.
* * * * *
107. Section 92.124 is amended by revising paragraph (f) to read as
follows:
[[Page 54881]]
Sec. 92.124 Test sequence; general requirements.
* * * * *
(f) The required test sequence is described in Table B124-1 of this
section, as follows:
Table B124-1.--Test Sequence for Locomotives and Locomotive Engines
----------------------------------------------------------------------------------------------------------------
Power, and fuel
Mode Number Notch setting Time in notch Emissions consumption
measured** measured
----------------------------------------------------------------------------------------------------------------
Warmup......................... Notch 8.......... 5 1 min.. None............. None.
Warmup......................... Lowest Idle...... 15 min maximum (after None............. None.
engine speed reaches
lowest idle speed).
1a............................. Low Idle*........ 6 min minimum......... All.............. Both.
1.............................. Normal Idle...... 6 min minimum......... All.............. Both.
2.............................. Dynamic Brake*... 6 min minimum......... All.............. Both.
3.............................. Notch 1.......... 6 min minimum......... All.............. Both.
4.............................. Notch 2.......... 6 min minimum......... All.............. Both.
5.............................. Notch 3.......... 6 min minimum......... All.............. Both.
6.............................. Notch 4.......... 6 min minimum......... All.............. Both.
7.............................. Notch 5.......... 6 min minimum......... All.............. Both.
8.............................. Notch 6.......... 6 min minimum......... All.............. Both.
9.............................. Notch 7.......... 6 min minimum......... All.............. Both.
10............................. Notch 8.......... 15 min minimum........ All.............. Both.
----------------------------------------------------------------------------------------------------------------
* Omit if not so equipped.
** The EPA test sequence for locomotives and locomotive engines may be performed once, with gaseous, particulate
and smoke measurements performed simultaneously, or it may be performed twice with gaseous, and particulate
measurements performed during one test sequence and smoke measurements performed during the other test
sequence.
108. Section 92.132 is amended by revising paragraphs
(b)(3)(iii)(D)(2) and (d) to read as follows:
Sec. 92.132 Calculations.
* * * * *
(b) * * *
(3) * * *
(iii) * * *
(D) * * *
(2) If a CO instrument that meets the criteria specified in 40 CFR
part 1065, subpart C, is used without a sample dryer according to 40
CFR 1065.145, COem must be substituted directly for
COe and COdm must be substituted directly for
COd.
* * * * *
(d) NOX correction factor. (1) NOX emission
rates (MNOx mode) shall be adjusted to account for the
effects of humidity and temperature by multiplying each emission rate
by KNOx, which is calculated from the following equations:
KNOx = (K)(1 + (0.25(logK)2)\1/2\)
K = (KH)(KT)
KH =
[C1+C2exp((-0.0143)(10.714))]/
[C1+C2exp((-0.0143)(1000H))]
C1 = -8.7 +164.5exp(-0.0218(A/F)wet)
C2 = 130.7 +3941exp(-0.0248(A/F)wet)
Where:
(A/F)wet = Mass of moist air intake divided by mass of fuel
intake.
KT = 1/[1-0.0107(T30-TA)]
for tests conducted at ambient temperatures below 30[deg]C.
KT = 1.00 for tests conducted at ambient temperatures at or
above 30[deg]C.
T30 = The measured intake manifold air temperature in the
locomotive when operated at 30[deg]C (or 100[deg]C, where intake
manifold air temperature is not available).
TA = The measured intake manifold air temperature in the
locomotive as tested (or the ambient temperature ([deg]C), where intake
manifold air temperature is not available).
* * * * *
109. Section 92.203 is amended by revising paragraph (d)(1)(i) to
read as follows:
Sec. 92.203 Application for certification.
* * * * *
(d) Required content. Each application must include the following
information:
(1)(i) A description of the basic engine design including, but not
limited to, the engine family specifications, the provisions of which
are contained in Sec. 92.204;
* * * * *
110. Section 92.205 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 92.205 Prohibited controls, adjustable parameters.
(a) Any system installed on, or incorporated in, a new locomotive
or new locomotive engine to enable such locomotive or locomotive engine
to conform to standards contained in this part:
* * * * *
111. Section 92.208 is amended by revising paragraph (a) to read as
follows:
Sec. 92.208 Certification.
(a) Paragraph (a) of this section applies to manufacturers of new
locomotives and new locomotive engines. If, after a review of the
application for certification, test reports and data acquired from a
freshly manufactured locomotive or locomotive engine or from a
development data engine, and any other information required or obtained
by EPA, the Administrator determines that the application is complete
and that the engine family meets the requirements of the Act and this
part, he/she will issue a certificate of conformity with respect to
such engine family except as provided by paragraph (c)(3) of this
section. The certificate of conformity is valid for each engine family
from the date of issuance by EPA until 31 December of the model year or
calendar year for which it is issued and upon such terms and conditions
as the Administrator deems necessary or appropriate to assure that the
production locomotives or engines covered by the certificate will meet
the requirements of the Act and of this part.
* * * * *
112. Section 92.210 is amended by revising paragraphs (b)(1),
(b)(2), (d)(2), and (d)(3) to read as follows:
Sec. 92.210 Amending the application and certificate of conformity.
* * * * *
(b) A manufacturer's or remanufacturer's request to amend the
application or the existing certificate of
[[Page 54882]]
conformity shall include the following information:
(1) A full description of the change to be made in production, or
of the locomotives or engines to be added;
(2) Engineering evaluations or data showing that the locomotives or
engines as modified or added will comply with all applicable emission
standards; and
* * * * *
(d) * * *
(2) If the Administrator determines that the change or new
locomotive(s) or engine(s) meets the requirements of this part and the
Act, the appropriate certificate of conformity shall be amended.
(3) If the Administrator determines that the changed or new
locomotive(s) or engine(s) does not meet the requirements of this part
and the Act, the certificate of conformity will not be amended. The
Administrator shall provide a written explanation to the manufacturer
or remanufacturer of the decision not to amend the certificate. The
manufacturer or remanufacturer may request a hearing on a denial.
* * * * *
113. Section 92.212 is amended by revising paragraphs (b)(2)(v)(G),
(c)(2)(v)(A), and(c)(2)(v)(D)(2) to read as follows:
Sec. 92.212 Labeling.
* * * * *
(b) * * *
(2) * * *
(v) * * *
(G) The standards and/or FELs to which the locomotive was
certified.
(c) * * *
(2) * * *
(v) * * *
(A) The label heading: Engine Emission Control Information.
* * * * *
(D) * * *
(2) This locomotive and locomotive engine conform to U.S. EPA
regulations applicable to locomotives and locomotive engines originally
manufactured on or after January 1, 2002 and before January 1, 2005; or
* * * * *
114. Section 92.215 is amended by revising paragraphs (a)(2)(i)(A) and
(b) to read as follows:
Sec. 92.215 Maintenance of records; submittal of information; right
of entry.
(a) * * *
(2) * * *
(i) * * *
(A) In the case where a current production engine is modified for
use as a certification engine or in a certification locomotive, a
description of the process by which the engine was selected and of the
modifications made. In the case where the certification locomotive or
the engine for a certification locomotive is not derived from a current
production engine, a general description of the buildup of the engine
(e.g., whether experimental heads were cast and machined according to
supplied drawings). In the cases in the previous two sentences, a
description of the origin and selection process for fuel system
components, ignition system components, intake-air pressurization and
cooling-system components, cylinders, pistons and piston rings, exhaust
smoke control system components, and exhaust aftertreatment devices as
applicable, shall be included. The required descriptions shall specify
the steps taken to assure that the certification locomotive or
certification locomotive engine, with respect to its engine,
drivetrain, fuel system, emission-control system components, exhaust
aftertreatment devices, exhaust smoke control system components or any
other devices or components as applicable, that can reasonably be
expected to influence exhaust emissions will be representative of
production locomotives or locomotive engines and that either: all
components and/or locomotive or engine, construction processes,
component inspection and selection techniques, and assembly techniques
employed in constructing such locomotives or engines are reasonably
likely to be implemented for production locomotives or engines; or that
they are as close as practicable to planned construction and assembly
process.
* * * * *
(b) The manufacturer or remanufacturer of any locomotive or
locomotive engine subject to any of the standards prescribed in this
part shall submit to the Administrator, at the time of issuance by the
manufacturer or remanufacturer, copies of all instructions or
explanations regarding the use, repair, adjustment, maintenance, or
testing of such locomotive or engine, relevant to the control of
crankcase, or exhaust emissions issued by the manufacturer or
remanufacturer, for use by other manufacturers or remanufacturers,
assembly plants, distributors, dealers, owners and operators. Any
material not translated into the English language need not be submitted
unless specifically requested by the Administrator.
* * * * *
Sec. 92.216 [Amended]
115. Section 92.216 is amended by removing and reserving paragraph
(a)(2).
116. Section 92.512 is amended by revising paragraph (e) to read as
follows:
Sec. 92.512 Suspension and revocation of certificates of conformity.
* * * * *
(e) The Administrator shall notify the manufacturer or
remanufacturer in writing of any suspension or revocation of a
certificate of conformity in whole or in part; a suspension or
revocation is effective upon receipt of such notification or thirty
days from the time an engine family is deemed to be in noncompliance
under Sec. Sec. 92.508(d), 92.510(a), 92.510(b) or 92.511(f),
whichever is earlier, except that the certificate is immediately
suspended with respect to any failed locomotives or locomotive engines
as provided for in paragraph (a) of this section.
* * * * *
117. Section 92.906 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 92.906 Manufacturer-owned, remanufacturer-owned exemption and
display exemption.
(a) Any manufacturer-owned or remanufacturer-owned locomotive or
locomotive engine is exempt from Sec. 92.1103, without application, if
the manufacturer complies with the following terms and conditions:
* * * * *
118. Section 92.1106 is amended by revising paragraphs (a)(1),
(a)(2), (a)(5), and (c)(1) and adding paragraph (a)(6) to read as
follows:
Sec. 92.1106 Penalties.
(a) * * *
(1) A person who violates Sec. 92.1103 (a)(1), (a)(4), or (a)(5),
or a manufacturer, remanufacturer, dealer or railroad who violates
Sec. 92.1103(a)(3)(i) or (iii) is subject to a civil penalty of not
more than $32,500 for each violation.
(2) A person other than a manufacturer, remanufacturer, dealer, or
railroad who violates Sec. 92.1103(a)(3)(i) or any person who violates
Sec. 92.1103(a)(3)(ii) is subject to a civil penalty of not more than
$2,750 for each violation.
* * * * *
(5) A person who violates Sec. 92.1103(a)(2) is subject to a civil
penalty of not more than $32,500 per day of violation.
(6) The maximum penalty values listed in this section are shown for
calendar year 2004. Maximum penalty limits for later years may be
adjusted based on the Consumer Price Index. The
[[Page 54883]]
specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based.
* * * * *
(c) * * *
(1) Administrative penalty authority. In lieu of commencing a civil
action under paragraph (b) of this section, the Administrator may
assess any civil penalty prescribed in paragraph (a) of this section,
except that the maximum amount of penalty sought against each violator
in a penalty assessment proceeding shall not exceed $270,000, unless
the Administrator and the Attorney General jointly determine that a
matter involving a larger penalty amount is appropriate for
administrative penalty assessment. Any such determination by the
Administrator and the Attorney General is not subject to judicial
review. Assessment of a civil penalty shall be by an order made on the
record after opportunity for a hearing held in accordance with the
procedures found at part 22 of this chapter. The Administrator may
compromise, or remit, with or without conditions, any administrative
penalty which may be imposed under this section.
* * * * *
119. Appendix IV to part 92 is amended by revising paragraph (d)(1)
to read as follows:
Appendix IV to Part 92--Guidelines for Determining Equivalency Between
Emission Measurement Systems
* * * * *
(d) Minimum number of tests. The recommended minimum number of
tests with each system necessary to determine equivalency is:
(1) Four 10-mode locomotive or locomotive engine tests,
conducted in accordance with the provisions of Subpart B of this
part; or
* * * * *
PART 94--CONTROL OF AIR POLLUTION FROM MARINE COMPRESSION-IGNITION
ENGINES
120. The authority citation for part 94 is revised to read as
follows:
Authority: 42 U.S.C. 7401--7671q.
121. Section 94.2 is amended in paragraph (b) by revising the
definitions of marine engine, Marine vessel, and United States and
adding a definition of ``Amphibious vehicle'' in alphabetical order to
read as follows:
Sec. 94.2 Definitions.
* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
* * * * *
122. Section 94.107 is amended by revising paragraph (b) to read as
follows:
Sec. 94.107 Determination of maximum test speed.
* * * * *
(b) Generation of lug curve. Prior to beginning emission testing,
generate maximum measured brakepower versus engine speed data points
using the applicable method specified in 40 CFR 1065.510. These data
points form the lug curve. It is not necessary to generate the entire
lug curve. For the portion of the curve where power increases with
increasing speed, it is not necessary to generate points with power
less than 90 percent of the maximum power value. For the portion of the
curve where power decreases with increasing speed, it is not necessary
to generate points with power less than 75 percent of the maximum power
value.
* * * * *
123. Section 94.109 is amended by revising paragraph (b) to read as
follows:
Sec. 94.109 Test procedures for Category 3 marine engines.
* * * * *
(b) Analyzers meeting the specifications of either 40 CFR part
1065, subpart C, or ISO 8178-1 (incorporated by reference in Sec.
94.5) shall be used to measure THC and CO.
* * * * *
124. Section 94.904 is amended by adding a new paragraph (c) to
read as follows:
Sec. 94.904 Exemptions.
* * * * *
(c) If you want to take an action with respect to an exempted or
excluded engine that is prohibited by the exemption or exclusion, such
as selling it, you need to certify the engine. We will issue a
certificate of conformity if you send us an application for
certification showing that you meet all the applicable requirements
from this part 94 and pay the appropriate fee. Also, in some cases, we
may allow manufacturers to modify the engine as needed to make it
identical to engines already covered by a certificate. We would base
such an approval on our review of any appropriate documentation. These
engines must have emission control information labels that accurately
describe their status.
125. Section 94.907 is amended by revising paragraphs (a), (b),
(c), (d) introductory text, (d)(1)(ii), (d)(2), (d)(3)(i), (d)(4), and
(g) and adding introductory text to paragraph (h) to read as follows:
Sec. 94.907 Engine dressing exemption.
(a) General provisions. If you are an engine manufacturer, this
section allows you to introduce new marine engines into commerce if
they are already certified to the requirements that apply to
compression-ignition engines under 40 CFR parts 85 and 86 or 40 CFR
part 89, 92 or 1039 for the appropriate model year. If you comply with
all the provisions of this section, we consider the certificate issued
under 40 CFR part 86, 89, 92, or 1039 for each engine to also be a
valid certificate of conformity under this part 94 for its model year,
without a separate application for certification under the requirements
of this part 94.
(b) Boat builder provisions. If you are not an engine manufacturer,
you may install an engine certified for the appropriate model year
under 40 CFR part 86, 89, 92, or 1039 in a marine vessel as long as the
engine has been properly labeled as specified in paragraph (d)(5) of
this section and you do not make any of the changes described in
paragraph (d)(3) of this section. If you modify the non-marine engine
in any of the ways described in paragraph (d)(3) of this section, we
will consider you a manufacturer of a new marine engine. Such engine
modifications prevent you from using the provisions of this section.
[[Page 54884]]
(c) Liability. Engines for which you meet the requirements of this
section are exempt from all the requirements and prohibitions of this
part, except for those specified in this section. Engines exempted
under this section must meet all the applicable requirements from 40
CFR parts 85 and 86 or 40 CFR part 89, 92, or 1039. This paragraph (c)
applies to engine manufacturers, boat builders who use such an engine,
and all other persons as if the engine were used in its originally
intended application. The prohibited acts of Sec. 94.1103(a)(1) apply
to these new engines and vessels; however, we consider the certificate
issued under 40 CFR part 86, 89, 92, or 1039 for each engine to also be
a valid certificate of conformity under this part 94 for its model
year. If we make a determination that these engines do not conform to
the regulations during their useful life, we may require you to recall
them under this part 94 or under 40 CFR part 85, 89, 92, or 1039.
(d) Specific requirements. If you are an engine manufacturer and
meet all the following criteria and requirements regarding your new
marine engine, the engine is eligible for an exemption under this
section:
(1) * * *
(ii) Land-based nonroad diesel engines (40 CFR part 89 or 1039).
* * * * *
(2) The engine must have the label required under 40 CFR part 86,
89, 92, or 1039.
* * * * *
(3) * * *
(i) Change any fuel system parameters from the certified
configuration, or change, remove, or fail to properly install any other
component, element of design, or calibration specified in the engine
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
* * * * *
(4) You must show that fewer than 50 percent of the engine model's
total sales for the model year, from all companies, are used in marine
applications, as follows:
(i) If you are the original manufacturer of the engine, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the engine to confirm this based on its sales information.
* * * * *
(g) Failure to comply. If your engines do not meet the criteria
listed in paragraph (d) of this section, they will be subject to the
standards, requirements, and prohibitions of this part 94 and the
certificate issued under 40 CFR part 86, 89, 92, or 1039 will not be
deemed to also be a certificate issued under this part 94. Introducing
these engines into commerce without a valid exemption or certificate of
conformity under this part violates the prohibitions in 40 CFR
94.1103(a)(1).
(h) Data submission. * * *
* * * * *
(i) Participation in averaging, banking and trading. Engines
adapted for marine use under this section may not generate or use
emission credits under this part 94. These engines may generate credits
under the ABT provisions in 40 CFR part 86, 89, 92, or 1039, as
applicable. These engines must use emission credits under 40 CFR part
86, 89, 92, or 1039 as applicable if they are certified to an FEL that
exceeds an applicable standard.
126. A new Sec. 94.912 is added to subpart J to read as follows:
Sec. 94.912 Optional certification to land-based standards for
auxiliary marine engines.
(a) If an engine meets all the following criteria, it is exempt
from the requirements of this part:
(1) The marine engines must be identical in all material respects
to a land-based engine covered by a valid certificate of conformity for
the appropriate model year showing that it meets emission standards for
engines of that power rating under 40 CFR part 89 or 1039.
(2) The engines may not be used as propulsion marine engines.
(3) The engines must have the emission control information label we
require in 40 CFR 89.110 or 40 CFR 1039.135, including additional
information to identify the engine as certified also for auxiliary
marine applications.
(4) The number of auxiliary marine engines from the engine family
must be smaller than the number of land-based engines from the engine
family.
(5) In your application for certification, you must identify your
plans to produce engines for both land-based and auxiliary marine
applications, including projected sales of marine engines. If the
projected marine sales are substantial, we may ask for the year-end
report of production volumes to include actual auxiliary marine engine
sales.
(b) The only requirements or prohibitions from this part that apply
to an engine that is exempt under this section are in this section.
(c) If your engines do not meet the criteria listed in paragraph
(a) of this section, they will be subject to all the requirements and
prohibitions of this part. Introducing these engines into commerce
without a valid exemption or certificate of conformity violates the
prohibitions in Sec. 94.1103.
(d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 89 or 1039. The
requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone
manufacturing these engines, anyone manufacturing equipment that uses
these engines, and all other persons in the same manner as if these
were land-based nonroad diesel engines.
(e) If you produce marine engines under the provisions of this
section, include them in your emission-credit calculations in 40 CFR
part 89 or 1039, as applicable. Do not count these marine engines in
emission-credit calculations under 40 CFR part 94.
(f) The requirements for vessel manufacturers, owners, and
operators in subpart K of this part apply to these engines whether they
are certified under this part 94 or another part as allowed by this
section.
127. Section 94.1001 is revised to read as follows:
Sec. 94.1001 Applicability.
The requirements of this subpart are applicable to manufacturers,
owners, and operators of marine vessels that contain engines with per-
cylinder displacement of at least 2.5 liters subject to the provisions
of subpart A of this part, except as otherwise specified.
128. Section 94.1103 is amended by redesignating (b)(3)(iv) as
(b)(3)(vii), revising paragraph (b)(3)(ii) and (b)(3)(iii), and adding
paragraphs (b)(3)(iv) and (b)(3)(viii) to read as follows:
Sec. 94.1103 Prohibited acts.
* * * * *
(b) * * *
(3) * * *
(ii) The engine manufacturer or its agent takes ownership and
possession of the engine being replaced or confirms that the engine has
been destroyed; and
(iii) If the engine being replaced was not certified to any
emission standards under this part, the replacement engine must have a
permanent label with your corporate name and trademark and the
following language, or similar alternate language approved by the
Administrator:
THIS ENGINE DOES NOT COMPLY WITH U.S. EPA MARINE EMISSION
REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER
THAN TO REPLACE A MARINE ENGINE BUILT BEFORE
[[Page 54885]]
JANUARY 1, [Insert appropriate year reflecting when the earliest tier
of standards began to apply to engines of that size and type] MAY BE A
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
(iv) If the engine being replaced was certified to emission
standards less stringent than those in effect when you produce the
replacement engine, the replacement engine must have a permanent label
with your corporate name and trademark and the following language, or
similar alternate language approved by the Administrator:
THIS ENGINE COMPLIES WITH U.S. EPA MARINE EMISSION REQUIREMENTS
UNDER THE PROVISIONS OF 40 CFR 94.1103(b)(3). SELLING OR INSTALLING
THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A MARINE ENGINE BUILT
BEFORE JANUARY 1, [Insert appropriate year reflecting when the next
tier of emission standards began to apply] MAY BE A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
(viii) The provisions of this section may not be used to circumvent
emission standards that apply to new engines under this part.
129. Section 94.1106 is amended by revising the introductory text
and paragraphs (a)(1), (a)(2), (c)(1), and (d) to read as follows:
Sec. 94.1106 Penalties.
This section specifies actions that are prohibited and the maximum
civil penalties that we can assess for each violation. The maximum
penalty values listed in paragraphs (a) and (c) of this section are
shown for calendar year 2004. As described in paragraph (d) of this
section, maximum penalty limits for later years are set forth in 40 CFR
part 19.
(a) * * *
(1) A person who violates Sec. 94.1103(a)(1), (a)(4), (a)(5),
(a)(6), or (a)(7)(iv) or a manufacturer or dealer who violates Sec.
94.1103(a)(3)(i) or (iii) or Sec. 94.1103(a)(7) is subject to a civil
penalty of not more than $32,500 for each violation.
(2) A person other than a manufacturer or dealer who violates Sec.
94.1103(a)(3)(i) or (iii) or Sec. 94.1103(a)(7)(i), (ii), or (iii) or
any person who violates Sec. 94.1103(a)(3)(ii) is subject to a civil
penalty of not more than $2,750 for each violation.
* * * * *
(c) * * *
(1) Administrative penalty authority. Subject to 42 U.S.C. 7524(c),
in lieu of commencing a civil action under paragraph (b) of this
section, the Administrator may assess any civil penalty prescribed in
paragraph (a) of this section, except that the maximum amount of
penalty sought against each violator in a penalty assessment proceeding
shall not exceed $270,000, unless the Administrator and the Attorney
General jointly determine that a matter involving a larger penalty
amount is appropriate for administrative penalty assessment. Any such
determination by the Administrator and the Attorney General is not
subject to judicial review. Assessment of a civil penalty shall be by
an order made on the record after opportunity for a hearing held in
accordance with the procedures found at part 22 of this chapter. The
Administrator may compromise, or remit, with or without conditions, any
administrative penalty which may be imposed under this section.
* * * * *
(d) The maximum penalty values listed in paragraphs (a) and (c) of
this section are shown for calendar year 2004. Maximum penalty limits
for later years may be adjusted based on the Consumer Price Index. The
specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based.
PART 1039--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES
130. The authority citation for part 1039 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
131. Section 1039.1 is amended by revising paragraph (c) to read as
follows:
Sec. 1039.1 Does this part apply for my engines?
* * * * *
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines are not
required to comply with this part, except for the requirements in Sec.
1039.20. In addition, if these engines are uncertified, the
prohibitions in 40 CFR 1068.101 restrict their use as nonroad engines.
* * * * *
132. Section 1039.5 is amended by revising paragraphs (b)(1)(iii)
and (b)(2) to read as follows:
Sec. 1039.5 Which engines are excluded from this part's requirements?
* * * * *
(b) Marine engines. (1) * * *
(iii) Engines that are exempt from the standards of 40 CFR part 94
pursuant to the provisions of 40 CFR part 94 (except for the provisions
of 40 CFR 94.907 or 94.912). For example, an engine that is exempt
under 40 CFR 94.906 because it is a manufacturer-owned engine is not
subject to the provisions of this part 1039.
* * * * *
(2) Marine engines are subject to the provisions of this part 1039
if they are exempt from 40 CFR part 94 based on the engine-dressing
provisions of 40 CFR 94.907 or the common-family provisions of 40 CFR
94.912.
* * * * *
133. Section 1039.10 is amended by revising the introductory text
to read as follows:
Sec. 1039.10 How is this part organized?
The regulations in this part 1039 contain provisions that affect
both engine manufacturers and others. However, the requirements of this
part are generally addressed to the engine manufacturer. The term
``you'' generally means the engine manufacturer, as defined in Sec.
1039.801. This part 1039 is divided into the following subparts:
* * * * *
134. Section 1039.104 is amended by revising paragraph (a)(4)(iii)
to read as follows:
Sec. 1039.104 Are there interim provisions that apply only for a
limited time?
* * * * *
(a) * * *
(4) * * *
(iii) All other offset-using engines must meet the standards and
other provisions that apply in model year 2011 for engines in the 19-
130 kW power categories, in model year 2010 for engines in the 130-560
kW power category, or in model year 2014 for engines above 560 kW. Show
that engines meet these emission standards by meeting all the
requirements of Sec. 1068.265. You must meet the labeling requirements
in Sec. 1039.135, but add the following statement instead of the
compliance statement in Sec. 1039.135(c)(12): ``THIS ENGINE MEETS U.S.
EPA EMISSION STANDARDS UNDER 40 CFR 1039.104(a).'' For power categories
with a percentage phase-in, these engines should be treated as phase-in
engines for purposes of determining compliance with phase-in
requirements.
* * * * *
135. Section 1039.125 is amended by revising paragraph (g)
introductory text to read as follows:
[[Page 54886]]
Sec. 1039.125 What maintenance instructions must I give to buyers?
* * * * *
(g) Payment for scheduled maintenance. Owners are responsible for
properly maintaining their engines. This generally includes paying for
scheduled maintenance. However, manufacturers must pay for scheduled
maintenance during the useful life if it meets all the following
criteria:
* * * * *
136. Section 1039.130 is amended by revising paragraph (b)(3) to
read as follows:
Sec. 1039.130 What installation instructions must I give to equipment
manufacturers?
* * * * *
(b) * * *
(3) Describe the instructions needed to properly install the
exhaust system and any other components. Include instructions
consistent with the requirements of Sec. 1039.205(u).
* * * * *
137. Section 1039.225 is amended by revising the section heading
and adding paragraphs (a)(3) and (f) to read as follows:
Sec. 1039.225 How do I amend my application for certification to
include new or modified engines or to change an FEL?
* * * * *
(a) * * *
(3) Modify an FEL for an engine family, as described in paragraph
(f) of this section.
* * * * *
(f) You may ask to change your FEL in the following cases:
(1) You may ask to raise your FEL after the start of production.
You may not apply the higher FEL to engines you have already introduced
into commerce. Use the appropriate FELs with corresponding sales
volumes to calculate your average emission level, as described in
subpart H of this part. In your request, you must demonstrate that you
will still be able to comply with the applicable average emission
standards as specified in subparts B and H of this part.
(2) You may ask to lower the FEL for your engine family after the
start of production only when you have test data from production
engines indicating that your engines comply with the lower FEL. You may
create a separate subfamily with the lower FEL. Otherwise, you must use
the higher FEL for the family to calculate your average emission level
under subpart H of this part.
(3) If you change the FEL during production, you must include the
new FEL on the emission control information label for all vehicles
produced after the change.
138. Section 1039.240 is amended by revising paragraphs (a) and (b)
to read as follows:
Sec. 1039.240 How do I demonstrate that my engine family complies
with exhaust emission standards?
(a) For purposes of certification, your engine family is considered
in compliance with the applicable numerical emission standards in Sec.
1039.101(a) and (b), Sec. 1039.102(a) and (b), Sec. 1039.104, or
Sec. 1039.105 if all emission-data engines representing that family
have test results showing deteriorated emission levels at or below
these standards. (Note: if you participate in the ABT program in
subpart H of this part, your FELs are considered to be the applicable
emission standards with which you must comply.)
(b) Your engine family is deemed not to comply if any emission-data
engine representing that family has test results showing a deteriorated
emission level above an applicable FEL or emission standard from Sec.
1039.101, Sec. 1039.102, Sec. 1039.104, or Sec. 1039.105 for any
pollutant.
* * * * *
Sec. 1039.510 [Amended]
139. Section 1039.510 is amended by removing paragraphs (c) and
(d).
140. Section 1039.605 is amended by revising the section heading
and adding paragraph (g) to read as follows:
Sec. 1039.605 What provisions apply to engines certified under the
motor-vehicle program?
* * * * *
(g) Participation in averaging, banking and trading. Engines
adapted for nonroad use under this section may not generate or use
emission credits under this part 1039. These engines may generate
credits under the ABT provisions in 40 CFR part 86. These engines must
use emission credits under 40 CFR part 86 if they are certified to an
FEL that exceeds an applicable standard under 40 CFR part 86.
141. Section 1039.610 is amended by revising the section heading
and adding paragraph (g) to read as follows:
Sec. 1039.610 What provisions apply to vehicles certified under the
motor-vehicle program?
* * * * *
(g) Participation in averaging, banking and trading. Vehicles
adapted for nonroad use under this section may not generate or use
emission credits under this part 1039. These vehicles may generate
credits under the ABT provisions in 40 CFR part 86. These vehicles must
be included in the calculation of the applicable fleet average in 40
CFR part 86.
142. Section 1039.625 is amended by revising paragraph (j) to read
as follows:
Sec. 1039.625 What requirements apply under the program for
equipment-manufacturer flexibility?
* * * * *
(j) Provisions for engine manufacturers. As an engine manufacturer,
you may produce exempted engines as needed under this section. You do
not have to request this exemption for your engines, but you must have
written assurance from equipment manufacturers that they need a certain
number of exempted engines under this section. Send us an annual report
of the engines you produce under this section, as described in Sec.
1039.250(a). For engines produced under the provisions of paragraph
(a)(2) of this section, you must certify the engines under this part
1039. For all other exempt engines, the engines must meet the emission
standards in paragraph (e) of this section and you must meet all the
requirements of Sec. 1068.265. If you show under Sec. 1068.265(c)
that the engines are identical in all material respects to engines that
you have previously certified to one or more FELs above the standards
specified in paragraph (e) of this section, you must supply sufficient
credits for these engines. Calculate these credits under subpart H of
this part using the previously certified FELs and the alternate
standards. You must meet the labeling requirements in 40 CFR 89.110,
but add the following statement instead of the compliance statement in
40 CFR 89.110(b)(10):
THIS ENGINE MEETS U.S. EPA EMISSION STANDARDS UNDER 40 CFR
1039.625. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN
FOR THE EQUIPMENT FLEXIBILITY PROVISIONS OF 40 CFR 1039.625 MAY BE A
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
143. Section 1039.655 is amended by revising paragraph (a)(3) to
read as follows:
Sec. 1039.655 What special provisions apply to engines sold in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands?
(a) * * *
(3) You meet all the requirements of Sec. 1068.265.
* * * * *
[[Page 54887]]
144. Section 1039.705 amended by adding text to paragraph (c)(4) to
read as follows:
Sec. 1039.705 How do I generate and calculate emission credits?
* * * * *
(c) * * *
(4) Engines for which the location of first retail sale is in a
state that has applicable emission regulations for that model year. For
example, you may not include engines sold in California if it has
emission standards for these engines, and you may not include engines
sold in other states that adopt California's emission standards under
Clean Air Act section 209(e)(2)(B).
* * * * *
145. Section 1039.740 amended by adding paragraph (b)(4) to read as
follows:
Sec. 1039.740 What restrictions apply for using emission credits?
* * * * *
(b) * * *
(4) If the maximum power of an engine generating credits under the
Tier 2 standards in 40 CFR part 89 is at or above 37 kW and below 75
kW, you may use those credits for certifying engines under the Option
1 standards in Sec. 1039.102.
* * * * *
146. Section 1039.801 is amended by revising the definitions for
Aftertreatment, Brake power, Constant-speed operation, Exempted, Good
engineering judgment, Marine engine, Marine vessel, Motor vehicle,
Revoke, Suspend, United States, and Void and adding a definition for
Amphibious vehicle to read as follows:
Sec. 1039.801 What definitions apply to this part?
* * * * *
Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the engine exhaust before it is exhausted
to the environment. Exhaust-gas recirculation (EGR) and turbochargers
are not aftertreatment.
* * * * *
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
* * * * *
Brake power means the usable power output of the engine, not
including power required to fuel, lubricate, or heat the engine,
circulate coolant to the engine, or to operate aftertreatment devices.
* * * * *
Constant-speed operation means engine operation with a governor
that controls the operator input to maintain an engine at a reference
speed, even under changing load. For example, an isochronous governor
changes reference speed temporarily during a load change, then returns
the engine to its original reference speed after the engine stabilizes.
Isochronous governors typically allow speed changes up to 1.0%. Another
example is a speed-droop governor, which has a fixed reference speed at
zero load and allows the reference speed to decrease as load increases.
With speed-droop governors, speed typically decreases (3 to 10)% below
the reference speed at zero load, such that the minimum reference speed
occurs near the engine's point of maximum power.
* * * * *
Exempted has the meaning we give in 40 CFR 1068.30.
* * * * *
Good engineering judgment has the meaning we give in 40 CFR
1068.30. See 40 CFR 1068.5 for the administrative process we use to
evaluate good engineering judgment.
* * * * *
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
marine engine only if its fueling, cooling, or exhaust system is an
integral part of the vessel. There are two kinds of marine engines:
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
* * * * *
Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In
general, motor vehicle means any vehicle that EPA deems to be capable
of safe and practical use on streets or highways that has a maximum
ground speed above 40 kilometers per hour (25 miles per hour) over
level, paved surfaces.
* * * * *
Revoke has the meaning we give in 40 CFR 1068.30.
* * * * *
Suspend has the meaning we give in 40 CFR 1068.30.
* * * * *
United States has the meaning we give in 40 CFR 1068.30.
* * * * *
Void has the meaning we give in 40 CFR 1068.30.
* * * * *
PART 1048--CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-
IGNITION ENGINES
147. The authority citation for part 1048 is revised to read as
follows:
Authority: 42 U.S.C. 7401--7671q.
148. The heading for subpart A is revised to read as follows:
Subpart A--Overview and Applicability
149. Section 1048.1 is revised to read as follows:
Sec. 1048.1 Does this part apply to me?
(a) The regulations in this part 1048 apply for all new, spark-
ignition nonroad engines (defined in Sec. 1048.801) with maximum
engine power above 19 kW, except as provided in Sec. 1048.5.
(b) This part 1048 applies for engines built on or after January 1,
2004. You need not follow this part for engines you produce before
January 1, 2004. See Sec. Sec. 1048.101 through 1048.115, Sec.
1048.145, and the definition of model year in Sec. 1048.801 for more
information about the timing of new requirements.
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes
certain engines used in stationary applications. These engines are not
required to comply with this part, except for the requirements in Sec.
1048.20. In addition, if these engines are uncertified, the
prohibitions in 40 CFR 1068.101 restrict their use as nonroad engines.
(d) In certain cases, the regulations in this part 1048 apply to
engines with maximum engine power at or below 19 kW that would
otherwise be covered by 40 CFR part 90. See 40 CFR 90.913 for
provisions related to this allowance.
150. Section 1048.5 is revised to read as follows:
Sec. 1048.5 Which engines are excluded from this part's requirements?
This part does not apply to the following nonroad engines:
(a) Engines that are certified to meet the requirements of 40 CFR
part 1051, or are otherwise subject to 40 CFR part 1051 (for example,
engines used in snowmobiles and all-terrain vehicles).
(b) Propulsion marine engines. See 40 CFR part 91. This part
applies with respect to auxiliary marine engines.
[[Page 54888]]
151. Section 1048.10 is revised to read as follows:
Sec. 1048.10 How is this part organized?
The regulations in this part 1048 contain provisions that affect
both engine manufacturers and others. However, the requirements of this
part are generally addressed to the engine manufacturer. The term
``you'' generally means the engine manufacturer, as defined in Sec.
1048.801. This part 1048 is divided into the following subparts:
(a) Subpart A of this part defines the applicability of part 1048
and gives an overview of regulatory requirements.
(b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify engines under this part.
Note that Sec. 1048.145 discusses certain interim requirements and
compliance provisions that apply only for a limited time.
(c) Subpart C of this part describes how to apply for a certificate
of conformity.
(d) Subpart D of this part describes general provisions for testing
production-line engines.
(e) Subpart E of this part describes general provisions for testing
in-use engines.
(f) Subpart F of this part describes how to test your engines
(including references to other parts of the Code of Federal
Regulations).
(g) Subpart G of this part and 40 CFR part 1068 describe
requirements, prohibitions, and other provisions that apply to engine
manufacturers, equipment manufacturers, owners, operators, rebuilders,
and all others.
(h) [Reserved]
(i) Subpart I of this part contains definitions and other reference
information.
152. Section 1048.15 is revised to read as follows:
Sec. 1048.15 Do any other regulation parts affect me?
(a) Part 1065 of this chapter describes procedures and equipment
specifications for testing engines. Subpart F of this part 1048
describes how to apply the provisions of part 1065 of this chapter to
determine whether engines meet the emission standards in this part.
(b) The requirements and prohibitions of part 1068 of this chapter
apply to everyone, including anyone who manufactures, imports,
installs, owns, operates, or rebuilds any of the engines subject to
this part 1048, or equipment containing these engines. Part 1068 of
this chapter describes general provisions, including these seven areas:
(1) Prohibited acts and penalties for engine manufacturers,
equipment manufacturers, and others.
(2) Rebuilding and other aftermarket changes.
(3) Exclusions and exemptions for certain engines.
(4) Importing engines.
(5) Selective enforcement audits of your production.
(6) Defect reporting and recall.
(7) Procedures for hearings.
(c) Other parts of this chapter apply if referenced in this part.
153. Section 1048.20 is revised to read as follows:
Sec. 1048.20 What requirements from this part apply to excluded
stationary engines?
(a) You must add a permanent label or tag to each new engine you
produce or import that is excluded under Sec. 1048.1(c) as a
stationary engine. To meet labeling requirements, you must do the
following things:
(1) Attach the label or tag in one piece so no one can remove it
without destroying or defacing it.
(2) Secure it to a part of the engine needed for normal operation
and not normally requiring replacement.
(3) Make sure it is durable and readable for the engine's entire
life.
(4) Write it in English.
(5) Follow the requirements in Sec. 1048.135(g) regarding
duplicate labels if the engine label is obscured in the final
installation.
(b) Engine labels or tags required under this section must have the
following information:
(1) Include the heading ``EMISSION CONTROL INFORMATION''.
(2) Include your full corporate name and trademark. You may instead
include the full corporate name and trademark of another company you
choose to designate.
(3) State the engine displacement (in liters) and maximum engine
power.
(4) State: ``THIS ENGINE IS EXCLUDED FROM THE REQUIREMENTS OF 40
CFR PART 1048 AS A ``STATIONARY ENGINE.'' INSTALLING OR USING THIS
ENGINE IN ANY OTHER APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.''.
154. Section 1048.101 is amended by revising the introductory text
and paragraphs (a), (b), (c), (e), (g), and (h) to read as follows:
Sec. 1048.101 What exhaust emission standards must my engines meet?
The exhaust emission standards of this section apply by model year.
You may certify engines earlier than we require. The Tier 1 standards
apply only to steady-state testing, as described in paragraph (b) of
this section. The Tier 2 standards apply to steady-state, transient,
and field testing, as described in paragraphs (a), (b), and (c) of this
section.
(a) Emission standards for transient testing. Starting in the 2007
model year, transient exhaust emissions from your engines may not
exceed the Tier 2 emission standards, as follows:
(1) Measure emissions using the applicable transient test
procedures described in subpart F of this part.
(2) The Tier 2 HC+NOX standard is 2.7 g/kW-hr and the
Tier 2 CO standard is 4.4 g/kW-hr. For severe-duty engines, the Tier 2
HC+NOX standard is 2.7 g/kW-hr and the Tier 2 CO standard is
130.0 g/kW-hr. High-load engines and engines with maximum engine power
above 560 kW are not subject to the transient standards in this
paragraph (a).
(3) You may optionally certify your engines according to the
following formula instead of the standards in paragraph (a)(1) of this
section: (HC+NOX) x CO0.784 <= 8.57. The
HC+NOX and CO emission levels you select to satisfy this
formula, rounded to the nearest 0.1 g/kW-hr, become the emission
standards that apply for those engines. You may not select an
HC+NOX emission standard higher than 2.7 g/kW-hr or a CO
emission standard higher than 20.6 g/kW-hr. The following table
illustrates a range of possible values under this paragraph (a)(3):
Table 1 of Sec. 1048.101.--Examples of Possible Tier 2 Duty-cycle
Emission Standards
------------------------------------------------------------------------
HC+NOX (g/kW-hr) CO (g/kW-hr)
------------------------------------------------------------------------
2.7 4.4
2.2 5.6
1.7 7.9
1.3 11.1
1.0 15.5
0.8 20.6
------------------------------------------------------------------------
(b) Standards for steady-state testing. Except as we allow in
paragraph (d) of this section, steady-state exhaust emissions from your
engines may not exceed emission standards, as follows:
(1) Measure emissions using the applicable steady-state test
procedures described in subpart F of this part:
(2) The following table shows the Tier 1 exhaust emission standards
that apply to engines from 2004 through 2006 model years:
[[Page 54889]]
Table 2 of Sec. 1048.101.--Tier 1 Emission Standards (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
General emission Alternate emission
standards standards for severe-
Testing ------------------------ duty engines
-----------------------
HC+NOX CO HC+NOX CO
----------------------------------------------------------------------------------------------------------------
Certification and production-line testing....................... 4.0 50.0 4.0 130.0
In-use testing.................................................. 5.4 50.0 5.4 130.0
----------------------------------------------------------------------------------------------------------------
(3) Starting in the 2007 model year, steady-state exhaust emissions
from your engines may not exceed the numerical emission standards in
paragraph (a) of this section. See paragraph (d) of this section for
alternate standards that apply for certain engines.
(c) Standards for field testing. Starting in 2007, exhaust
emissions may not exceed field-testing standards, as follows:
(1) Measure emissions using the field-testing procedures in subpart
F of this part.
(2) The HC+NOX standard is 3.8 g/kW-hr and the CO
standard is 6.5 g/kW-hr. For severe-duty engines, the HC+NOX
standard is 3.8 g/kW-hr and the CO standard is 200.0 g/kW-hr. For
natural gas-fueled engines, you are not required to measure nonmethane
hydrocarbon emissions or total hydrocarbon emissions for testing to
show that the engine meets the emission standards of this paragraph
(c); that is, you may assume HC emissions are equal to zero.
(3) You may apply the following formula to determine alternate
emission standards that apply to your engines instead of the standards
in paragraph (c)(1) of this section: (HC+NOX) x CO\0.791\ <=
16.78. HC+NOX emission levels may not exceed 3.8 g/kW-hr and
CO emission levels may not exceed 31.0 g/kW-hr. The following table
illustrates a range of possible values under this paragraph (c)(2):
Table 3 of Sec. 1048.101.--Examples of Possible Tier 2 Field-testing
Emission Standards
------------------------------------------------------------------------
HC+NOX (g/kW-hr) CO (g/kW-hr)
------------------------------------------------------------------------
3.8 6.5
3.1 8.5
2.4 11.7
1.8 16.8
1.4 23.1
1.1 31.0
------------------------------------------------------------------------
* * * * *
(e) Fuel types. The exhaust emission standards in this section
apply for engines using each type of fuel specified in 40 CFR part
1065, subpart C, on which the engines in the engine family are designed
to operate, except for engines certified under Sec. 1048.625. For
engines certified under Sec. 1048.625, the standards of this section
apply to emissions measured using the specified test fuel. You must
meet the numerical emission standards for hydrocarbons in this section
based on the following types of hydrocarbon emissions for engines
powered by the following fuels:
(1) Gasoline- and LPG-fueled engines: THC emissions.
(2) Natural gas-fueled engines: NMHC emissions.
(3) Alcohol-fueled engines: THCE emissions.
* * * * *
(g) Useful life. Your engines must meet the exhaust emission
standards in paragraphs (a) through (c) of this section over their full
useful life. The minimum useful life is 5,000 hours of operation or
seven years, whichever comes first.
(1) Specify a longer useful life in hours for an engine family
under either of two conditions:
(i) If you design, advertise, or market your engine to operate
longer than the minimum useful life (your recommended hours until
rebuild may indicate a longer design life).
(ii) If your basic mechanical warranty is longer than the minimum
useful life.
(2) You may request in your application for certification that we
approve a shorter useful life for an engine family. We may approve a
shorter useful life, in hours of engine operation but not in years, if
we determine that these engines will rarely operate longer than the
shorter useful life. If engines identical to those in the engine family
have already been produced and are in use, your demonstration must
include documentation from such in-use engines. In other cases, your
demonstration must include an engineering analysis of information
equivalent to such in-use data, such as data from research engines or
similar engine models that are already in production. Your
demonstration must also include any overhaul interval that you
recommend, any mechanical warranty that you offer for the engine or its
components, and any relevant customer design specifications. Your
demonstration may include any other relevant information. The useful
life value may not be shorter than any of the following:
(i) 1,000 hours of operation.
(ii) Your recommended overhaul interval.
(iii) Your mechanical warranty for the engine.
(h) Applicability for testing. The emission standards in this
subpart apply to all testing, including certification, production-line,
and in-use testing. For production-line testing, you must perform duty-
cycle testing as specified in Sec. Sec. 1048.505 and 1048.510. The
field-testing standards of this section apply for those tests. You need
not do additional testing of production-line engines to show that your
engines meet the field-testing standards.
155. Section 1048.105 is amended by revising the section heading
and adding introductory text to read as follows:
Sec. 1048.105 What evaporative emission standards and requirements
apply?
The requirements of this section apply to all engines that are
subject to this part, except auxiliary marine engines.
* * * * *
156. Section 1048.115 is amended by revising the introductory text
and paragraphs (a), (e), and (g) to read as follows:
Sec. 1048.115 What other requirements must my engines meet?
Engines subject to this part must meet the following requirements:
(a) Crankcase emissions. Crankcase emissions may not be discharged
directly into the ambient atmosphere from any engine, except as
follows:
(1) Engines may discharge crankcase emissions to the ambient
atmosphere if the emissions are added to the exhaust emissions (either
physically or mathematically) during all emission testing.
(2) If you take advantage of this exception, you must do the
following things:
[[Page 54890]]
(i) Manufacture the engines so that all crankcase emissions can be
routed into the applicable sampling systems specified in 40 CFR part
1065.
(ii) Account for deterioration in crankcase emissions when
determining exhaust deterioration factors.
(3) For purposes of this paragraph (a), crankcase emissions that
are routed to the exhaust upstream of exhaust aftertreatment during all
operation are not considered to be discharged directly into the ambient
atmosphere.
* * * * *
(e) Adjustable parameters. Engines that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. An operating parameter is not considered
adjustable if you permanently seal it or if it is not normally
accessible using ordinary tools. We may require that you set adjustable
parameters to any specification within the adjustable range during any
testing, including certification testing, selective enforcement
auditing, or in-use testing.
* * * * *
(g) Defeat devices. You may not equip your engines with a defeat
device. A defeat device is an auxiliary emission-control device that
reduces the effectiveness of emission controls under conditions that
the engine may reasonably be expected to encounter during normal
operation and use. This does not apply to auxiliary-emission control
devices you identify in your certification application if any of the
following is true:
(1) The conditions of concern were substantially included in the
applicable test procedures described in subpart F of this part.
(2) You show your design is necessary to prevent engine (or
equipment) damage or accidents.
(3) The reduced effectiveness applies only to starting the engine.
157. Section 1048.120 is revised to read as follows:
Sec. 1048.120 What emission-related warranty requirements apply to
me?
(a) General requirements. You must warrant to the ultimate
purchaser and each subsequent purchaser that the new nonroad engine,
including all parts of its emission-control system, meets two
conditions:
(1) It is designed, built, and equipped so it conforms at the time
of sale to the ultimate purchaser with the requirements of this part.
(2) It is free from defects in materials and workmanship that may
keep it from meeting these requirements.
(b) Warranty period. Your emission-related warranty must be valid
for at least 50 percent of the engine's useful life in hours of
operation or at least three years, whichever comes first. In the case
of a high-cost warranted part, the warranty must be valid for at least
70 percent of the engine's useful life in hours of operation or at
least five years, whichever comes first. You may offer an emission-
related warranty more generous than we require. The emission-related
warranty for the engine may not be shorter than any published warranty
you offer without charge for the engine. Similarly, the emission-
related warranty for any component may not be shorter than any
published warranty you offer without charge for that component. If you
provide an extended warranty to individual owners for any components
covered in paragraph (c) of this section for an additional charge, your
emission-related warranty must cover those components for those owners
to the same degree. If an engine has no hour meter, we base the
warranty periods in this paragraph (b) only on the engine's age (in
years). The warranty period begins when the engine is placed into
service.
(c) Components covered. The emission-related warranty covers all
components whose failure would increase an engine's emissions of any
pollutant. This includes components listed in 40 CFR part 1068,
Appendix I, and components from any other system you develop to control
emissions. The emission-related warranty covers these components even
if another company produces the component. Your emission-related
warranty does not cover components whose failure would not increase an
engine's emissions of any pollutant.
(d) Limited applicability. You may deny warranty claims under this
section if the operator caused the problem through improper maintenance
or use, as described in 40 CFR 1068.115.
(e) Owners manual. Describe in the owners manual the emission-
related warranty provisions from this section that apply to the engine.
158. Section 1048.125 is revised to read as follows:
Sec. 1048.125 What maintenance instructions must I give to buyers?
Give the ultimate purchaser of each new nonroad engine written
instructions for properly maintaining and using the engine, including
the emission-control system. The maintenance instructions also apply to
service accumulation on your emission-data engines, as described in 40
CFR part 1065.
(a) Critical emission-related maintenance. Critical emission-
related maintenance includes any adjustment, cleaning, repair, or
replacement of critical emission-related components. This may also
include additional emission-related maintenance that you determine is
critical if we approve it in advance. You may schedule critical
emission-related maintenance on these components if you meet the
following conditions:
(1) You demonstrate that the maintenance is reasonably likely to be
done at the recommended intervals on in-use engines. We will accept
scheduled maintenance as reasonably likely to occur if you satisfy any
of the following conditions:
(i) You present data showing that, if a lack of maintenance
increases emissions, it also unacceptably degrades the engine's
performance.
(ii) You present survey data showing that at least 80 percent of
engines in the field get the maintenance you specify at the recommended
intervals.
(iii) You provide the maintenance free of charge and clearly say so
in maintenance instructions for the customer.
(iv) You otherwise show us that the maintenance is reasonably
likely to be done at the recommended intervals.
(2) You may not schedule critical emission-related maintenance more
frequently than the following minimum intervals, except as specified in
paragraphs (a)(3), (b) and (c) of this section:
(i) For catalysts, fuel injectors, electronic control units,
superchargers, and turbochargers: the useful life of the engine family.
(ii) For gaseous fuel-system components (cleaning without
disassembly only) and oxygen sensors: 2,500 hours.
(3) If your engine family has an alternate useful life under Sec.
1048.101(g) that is shorter than the period specified in paragraph
(a)(2)(ii) of this section, you may not schedule critical emission-
related maintenance more frequently than the alternate useful life,
except as specified in paragraph (c) of this section.
(b) Recommended additional maintenance. You may recommend any
additional amount of maintenance on the components listed in paragraph
(a) of this section, as long as you state clearly that these
maintenance steps are not necessary to keep the emission-related
warranty valid. If operators do the maintenance specified in paragraph
(a) of this section, but not the recommended additional maintenance,
this does not allow you to disqualify
[[Page 54891]]
those engines from in-use testing or deny a warranty claim. Do not take
these maintenance steps during service accumulation on your emission-
data engines.
(c) Special maintenance. You may specify more frequent maintenance
to address problems related to special situations, such as substandard
fuel or atypical engine operation. For example, you may specify more
frequent cleaning of fuel system components for engines you have reason
to believe will be using fuel that causes substantially more engine
performance problems than commercial fuels of the same type that are
generally available across the United States. You must clearly state
that this additional maintenance is associated with the special
situation you are addressing.
(d) Noncritical emission-related maintenance. You may schedule any
amount of emission-related inspection or maintenance that is not
covered by paragraph (a) of this section, as long as you state in the
owners manual that these steps are not necessary to keep the emission-
related warranty valid. If operators fail to do this maintenance, this
does not allow you to disqualify those engines from in-use testing or
deny a warranty claim. Do not take these inspection or maintenance
steps during service accumulation on your emission-data engines.
(e) Maintenance that is not emission-related. For maintenance
unrelated to emission controls, you may schedule any amount of
inspection or maintenance. You may also take these inspection or
maintenance steps during service accumulation on your emission-data
engines, as long as they are reasonable and technologically necessary.
This might include adding engine oil, changing air, fuel, or oil
filters, servicing engine-cooling systems, and adjusting idle speed,
governor, engine bolt torque, valve lash, or injector lash. You may
perform this nonemission-related maintenance on emission-data engines
at the least frequent intervals that you recommend to the ultimate
purchaser (but not the intervals recommended for severe service).
(f) Source of parts and repairs. State clearly on the first page of
your written maintenance instructions that a repair shop or person of
the owner's choosing may maintain, replace, or repair emission-control
devices and systems. Your instructions may not require components or
service identified by brand, trade, or corporate name. Also, do not
directly or indirectly condition your warranty on a requirement that
the equipment be serviced by your franchised dealers or any other
service establishments with which you have a commercial relationship.
You may disregard the requirements in this paragraph (f) if you do one
of two things:
(1) Provide a component or service without charge under the
purchase agreement.
(2) Get us to waive this prohibition in the public's interest by
convincing us the engine will work properly only with the identified
component or service.
(g) Payment for scheduled maintenance. Owners are responsible for
properly maintaining their engines. This generally includes paying for
scheduled maintenance. However, manufacturers must pay for scheduled
maintenance during the useful life if it meets all the following
criteria:
(1) Each affected component was not in general use on similar
engines before January 1, 2004.
(2) The primary function of each affected component is to reduce
emissions.
(3) The cost of the scheduled maintenance is more than 2 percent of
the price of the engine.
(4) Failure to perform the maintenance would not cause clear
problems that would significantly degrade the engine's performance.
(h) Owners manual. Explain the owner's responsibility for proper
maintenance in the owners manual.
159. Section 1048.130 is amended by revising paragraphs (a),
(b)(3), (b)(7), and (b)(8); and by adding paragraph (d) to read as
follows:
Sec. 1048.130 What installation instructions must I give to equipment
manufacturers?
(a) If you sell an engine for someone else to install in a piece of
nonroad equipment, give the engine installer instructions for
installing it consistent with the requirements of this part. Include
all information necessary to ensure that an engine will be installed in
its certified configuration.
(b)* * *
(3) Describe the instructions needed to properly install the
exhaust system and any other components. Include instructions
consistent with the requirements of Sec. 1048.205(v).
* * * * *
(7) Describe any other instructions to make sure the installed
engine will operate according to design specifications in your
application for certification. This may include, for example,
instructions for installing aftertreatment devices when installing the
engines.
(8) State: ``If you install the engine in a way that makes the
engine's emission control information label hard to read during normal
engine maintenance, you must place a duplicate label on the equipment,
as described in 40 CFR 1068.105.''.
* * * * *
(d) Provide instructions in writing or in an equivalent format. For
example, you may post instructions on a publicly available website for
downloading or printing. If you do not provide the instructions in
writing, explain in your application for certification how you will
ensure that each installer is informed of the installation
requirements.
160. Section 1048.135 is revised to read as follows:
Sec. 1048.135 How must I label and identify the engines I produce?
(a) Assign each engine a unique identification number and
permanently affix, engrave, or stamp it on the engine in a legible way.
(b) At the time of manufacture, affix a permanent and legible label
identifying each engine. The label must be--
(1) Attached in one piece so it is not removable without being
destroyed or defaced.
(2) Secured to a part of the engine needed for normal operation and
not normally requiring replacement.
(3) Durable and readable for the engine's entire life.
(4) Written in English.
(c) The label must--
(1) Include the heading ``EMISSION CONTROL INFORMATION''.
(2) Include your full corporate name and trademark. You may
identify another company and use its trademark instead of yours if you
comply with the provisions of Sec. 1048.635.
(3) Include EPA's standardized designation for the engine family
(and subfamily, where applicable).
(4) State the engine's displacement (in liters); however, you may
omit this from the label if all the engines in the engine family have
the same per-cylinder displacement and total displacement.
(5) State the date of manufacture [MONTH and YEAR]. You may omit
this from the label if you keep a record of the engine-manufacture
dates and provide it to us upon request.
(6) Identify the emission-control system. Use terms and
abbreviations consistent with SAE J1930 (incorporated by reference in
Sec. 1048.810). You may omit this information from the label if there
is not enough room for it and you put it in the owners manual instead.
(7) State: ``THIS ENGINE IS CERTIFIED TO OPERATE ON [specify
operating fuel or fuels].''.
[[Page 54892]]
(8) Identify any requirements for fuel and lubricants. You may omit
this information from the label if there is not enough room for it and
you put it in the owners manual instead.
(9) List specifications and adjustments for engine tuneups; show
the proper position for the transmission during tuneup and state which
accessories should be operating. You may omit this information from the
label if there is not enough room for it and you put it in the owners
manual instead.
(10) State the useful life for your engine family if it has a
longer useful life under Sec. 1048.101(g)(1) or a shortened useful
life under Sec. 1048.101(g)(2).
(11) Identify the emission standards to which you have certified
the engine.
(12) State: ``THIS ENGINE COMPLIES WITH U.S. EPA REGULATIONS FOR
[MODEL YEAR] LARGE NONROAD SI ENGINES.''.
(13) If your engines are certified only for constant-speed
operation, state: ``USE IN CONSTANT-SPEED APPLICATIONS ONLY'.
(14) If your engines are certified only for variable-speed
operation, state: ``USE IN VARIABLE-SPEED APPLICATIONS ONLY'.
(15) If your engines are certified only for high-load engines,
state: ``THIS ENGINE IS NOT INTENDED FOR OPERATION AT LESS THAN 75
PERCENT OF FULL LOAD.''.
(16) If you certify your engines under Sec. 1048.101(d) (and show
in your application for certification that in-use engines will
experience infrequent high-load operation), state: ``THIS ENGINE IS NOT
INTENDED FOR OPERATION AT MORE THAN PERCENT OF FULL LOAD.''. Specify
the appropriate percentage of full load based on the nature of the
engine protection. You may add other statements to discourage operation
in engine-protection modes.
(17) If your engines are certified to the voluntary standards in
Sec. 1048.140, state: ``BLUE SKY SERIES'.
(d) You may add information to the emission control information
label to identify other emission standards that the engine meets or
does not meet (such as California standards). You may also add other
information to ensure that the engine will be properly maintained and
used.
(e) You may ask us to approve modified labeling requirements in
this part 1048 if you show that it is necessary or appropriate. We will
approve your request if your alternate label is consistent with the
requirements of this part.
(f) If you obscure the engine label while installing the engine in
the equipment, you must place a duplicate label on the equipment. If
others install your engine in their equipment in a way that obscures
the engine label, we require them to add a duplicate label on the
equipment (see 40 CFR 1068.105); in that case, give them the number of
duplicate labels they request and keep the following records for at
least five years:
(1) Written documentation of the request from the equipment
manufacturer.
(2) The number of duplicate labels you send and the date you sent
them.
161. Section 1048.140 is amended by revising paragraph (c) to read
as follows:
Sec. 1048.140 What are the provisions for certifying Blue Sky Series
engines?
* * * * *
(c) For any model year, to receive a certificate of conformity as a
``Blue Sky Series'' engine family must meet all the requirements in
this part while certifying to one of the sets of exhaust emission
standards in the following table:
Table 1 of Sec. 1048.140--Long-term Standards for Blue Sky Series Engines (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
Standards for steady-state Standards
and transient test for field-
procedures testing
Level ---------------------------- procedures CO
--------------
HC+NOX CO NC+NOX
----------------------------------------------------------------------------------------------------------------
Blue Sky................................................ 0.80 4.4 1.10 6.6
Advanced Blue Sky....................................... 0.30 3.0 0.42 4.5
Premium Blue Sky........................................ 0.15 3.0 0.21 4.5
----------------------------------------------------------------------------------------------------------------
* * * * *
162. Section 1048.145 is amended by revising the section heading
and paragraph (a) and by removing and reserving paragraph (c) to read
as follows:
Sec. 1048.145 Are there interim provisions that apply only for a
limited time?
* * * * *
(a) Family banking. This paragraph (a) allows you to reduce the
number of engines subject to the Tier 2 standards by certifying some of
your engines earlier than otherwise required, as follows:
(1) For early-compliant engines to generate offsets under this
paragraph (a), you must meet the following general provisions:
(i) You must begin actual production of early-compliant engines by
September 1, 2006.
(ii) Engines you produce after December 31, 2006 may not generate
offsets.
(iii) Offset-generating engines must be certified to the Tier 2
standards and requirements under this part 1048.
(iv) If you certify engines under the voluntary standards of Sec.
1048.140, you may not use them in your calculation under this paragraph
(a).
(2) For every offset-generating engine certified to the Tier 2
standards, you may reduce the number of engines with the same maximum
engine power that are required to meet the Tier 2 standards in later
model years by one engine. You may calculate power-weighted offsets
based on actual U.S.-directed sales volumes. For example, if you
produce a total of 1,000 engines in 2005 and 2006 with an average
maximum power of 60 kW certified to the Tier 2 standards, you may delay
certification to that tier of standards for up to 60,000 kW-engine-
years in any of the following ways:
(i) Delay certification of up to 600 engines with an average
maximum power of 100 kW for one model year.
(ii) Delay certification of up to 200 engines with an average
maximum power of 100 kW for three consecutive model years.
(iii) Delay certification of up to 400 engines with an average
maximum power of 100 kW for one model year and up to 50 engines with an
average maximum power of 200 kW for two model years.
(3) Offset-using engines (that is, those not required to certify to
the Tier 2 standards) must be certified to the Tier 1 standards and
requirements of this part 1048. You may delay compliance for up to
three model years.
(4) By January 31 of each year in which you use the provisions of
this
[[Page 54893]]
paragraph (a), send us a report describing how many offset-generating
or offset-using engines you produced in the preceding model year.
* * * * *
163. Section 1048.201 is revised to read as follows:
Sec. 1048.201 What are the general requirements for obtaining a
certificate of conformity?
(a) You must send us a separate application for a certificate of
conformity for each engine family. A certificate of conformity is valid
from the indicated effective date until December 31 of the model year
for which it is issued.
(b) The application must contain all the information required by
this part and must not include false or incomplete statements or
information (see Sec. 1048.255).
(c) We may ask you to include less information than we specify in
this subpart, as long as you maintain all the information required by
Sec. 1048.250.
(d) You must use good engineering judgment for all decisions
related to your application (see 40 CFR 1068.5).
(e) An authorized representative of your company must approve and
sign the application.
(f) See Sec. 1048.255 for provisions describing how we will
process your application.
(g) We may require you to deliver your test engines to a facility
we designate for our testing (see Sec. 1048.235(c)).
164. Section 1048.205 is revised to read as follows:
Sec. 1048.205 What must I include in my application?
This section specifies the information that must be in your
application, unless we ask you to include less information under Sec.
1048.201(c). We may require you to provide additional information to
evaluate your application.
(a) Describe the engine family's specifications and other basic
parameters of the engine's design and emission controls. List the fuel
types on which your engines are designed to operate (for example,
gasoline and natural gas). List each distinguishable engine
configuration in the engine family.
(b) Explain how the emission-control system operates. Describe in
detail all system components for controlling exhaust emissions,
including all auxiliary-emission control devices (AECDs) and all fuel-
system components you will install on any production or test engine.
Describe the evaporative emission controls. Identify the part number of
each component you describe. For this paragraph (b), treat as separate
AECDs any devices that modulate or activate differently from each
other. Include all the following:
(1) Give a general overview of the engine, the emission-control
strategies, and all AECDs.
(2) Describe each AECD's general purpose and function.
(3) Identify the parameters that each AECD senses (including
measuring, estimating, calculating, or empirically deriving the
values). Include equipment-based parameters and state whether you
simulate them during testing with the applicable procedures.
(4) Describe the purpose for sensing each parameter.
(5) Identify the location of each sensor the AECD uses.
(6) Identify the threshold values for the sensed parameters that
activate the AECD.
(7) Describe the parameters that the AECD modulates (controls) in
response to any sensed parameters, including the range of modulation
for each parameter, the relationship between the sensed parameters and
the controlled parameters and how the modulation achieves the AECD's
stated purpose. Use graphs and tables, as necessary.
(8) Describe each AECD's specific calibration details. This may be
in the form of data tables, graphical representations, or some other
description.
(9) Describe the hierarchy among the AECDs when multiple AECDs
sense or modulate the same parameter. Describe whether the strategies
interact in a comparative or additive manner and identify which AECD
takes precedence in responding, if applicable.
(10) Explain the extent to which the AECD is included in the
applicable test procedures specified in subpart F of this part.
(11) Do the following additional things for AECDs designed to
protect engines or equipment:
(i) Identify the engine and/or equipment design limits that make
protection necessary and describe any damage that would occur without
the AECD.
(ii) Describe how each sensed parameter relates to the protected
components' design limits or those operating conditions that cause the
need for protection.
(iii) Describe the relationship between the design limits/
parameters being protected and the parameters sensed or calculated as
surrogates for those design limits/parameters, if applicable.
(iv) Describe how the modulation by the AECD prevents engines and/
or equipment from exceeding design limits.
(v) Explain why it is necessary to estimate any parameters instead
of measuring them directly and describe how the AECD calculates the
estimated value, if applicable.
(vi) Describe how you calibrate the AECD modulation to activate
only during conditions related to the stated need to protect components
and only as needed to sufficiently protect those components in a way
that minimizes the emission impact.
(c) Explain how the engine diagnostic system works, describing
especially the engine conditions (with the corresponding diagnostic
trouble codes) that cause the malfunction-indicator light to go on.
Propose what you consider to be extreme conditions under which the
diagnostic system should disregard trouble codes, as described in Sec.
1048.110.
(d) Describe the engines you selected for testing and the reasons
for selecting them.
(e) Describe the test equipment and procedures that you used,
including any special or alternate test procedures you used (see Sec.
1048.501).
(f) Describe how you operated the emission-data engine before
testing, including the duty cycle and the number of engine operating
hours used to stabilize emission levels. Explain why you selected the
method of service accumulation. Describe any scheduled maintenance you
did.
(g) List the specifications of each test fuel to show that it falls
within the required ranges we specify in 40 CFR part 1065, subpart H.
(h) Identify the engine family's useful life.
(i) Include the maintenance instructions you will give to the
ultimate purchaser of each new nonroad engine (see Sec. 1048.125).
(j) Include the emission-related installation instructions you will
provide if someone else installs your engines in a piece of nonroad
equipment (see Sec. 1048.130).
(k) Identify each high-cost warranted part and show us how you
calculated its replacement cost, including the estimated retail cost of
the part, labor rates, and labor hours to diagnose and replace
defective parts.
(l) Describe your emission control information label (see Sec.
1048.135).
(m) Identify the emission standards to which you are certifying
engines in the engine family.
(n) Identify the engine family's deterioration factors and describe
how you developed them (see Sec. 1048.245).
[[Page 54894]]
Present any emission test data you used for this.
(o) State that you operated your emission-data engines as described
in the application (including the test procedures, test parameters, and
test fuels) to show you meet the requirements of this part.
(p) Present emission data to show that you meet emission standards,
as follows:
(1) Present exhaust emission data for HC, NOX, and CO on
an emission-data engine to show your engines meet the applicable duty-
cycle emission standards we specify in Sec. 1048.101. Show emission
figures before and after applying adjustment factors for deterioration
factors for each engine. Include test data for each type of fuel from
40 CFR part 1065, subpart H, on which you intend for engines in the
engine family to operate (for example, gasoline, liquefied petroleum
gas, methanol, or natural gas). If we specify more than one grade of
any fuel type (for example, a summer grade and winter grade of
gasoline), you only need to submit test data for one grade, unless the
regulations of this part specify otherwise for your engine. Note that
Sec. 1048.235 allows you to submit an application in certain cases
without new emission data.
(2) If your engine family includes a volatile liquid fuel (and you
do not use design-based certification under Sec. 1048.245), present
evaporative test data to show your vehicles meet the evaporative
emission standards we specify in subpart B of this part. Show these
figures before and after applying deterioration factors, where
applicable.
(q) State that all the engines in the engine family comply with the
field-testing emission standards we specify in Sec. 1048.104 for all
normal operation and use when tested as specified in Sec. 1048.515.
Describe any relevant testing, engineering analysis, or other
information in sufficient detail to support your statement.
(r) For engines with maximum engine power above 560 kW, include
information showing how your emission controls will function during
normal in-use transient operation. For example, this might include the
following:
(1) Emission data from transient testing of engines using
measurement systems designed for measuring in-use emissions.
(2) Comparison of the engine design for controlling transient
emissions with that from engines for which you have emission data over
the transient duty cycle for certification.
(3) Detailed descriptions of control algorithms and other design
parameters for controlling transient emissions.
(s) Report all test results, including those from invalid tests or
from any other tests, whether or not they were conducted according to
the test procedures of subpart F of this part. If you measure
CO2, report those emission levels. We may ask you to send
other information to confirm that your tests were valid under the
requirements of this part and 40 CFR part 1065.
(t) Describe all adjustable operating parameters (see Sec.
1048.115(e)), including production tolerances. Include the following in
your description of each parameter:
(1) The nominal or recommended setting.
(2) The intended physically adjustable range.
(3) The limits or stops used to establish adjustable ranges.
(4) Information showing why the limits, stops, or other means of
inhibiting adjustment are effective in preventing adjustment of
parameters on in-use engines to settings outside your intended
physically adjustable ranges.
(u) Provide the information to read, record, and interpret all the
information broadcast by an engine's onboard computers and electronic
control units. State that, upon request, you will give us any hardware,
software, or tools we would need to do this. If you broadcast a
surrogate parameter for torque values, you must provide us what we need
to convert these into torque units. You may reference any appropriate
publicly released standards that define conventions for these messages
and parameters. Format your information consistent with publicly
released standards.
(v) Confirm that your emission-related installation instructions
specify how to ensure that sampling of exhaust emissions will be
possible after engines are installed in equipment and placed in
service. If this cannot be done by simply adding a 20-centimeter
extension to the exhaust pipe, show how to sample exhaust emissions in
a way that prevents diluting the exhaust sample with ambient air.
(w) State whether your engine will operate in variable-speed
applications, constant-speed applications, or both. If your
certification covers only constant-speed or only variable-speed
applications, describe how you will prevent use of these engines in
applications for which they are not certified.
(x) Unconditionally certify that all the engines in the engine
family comply with the requirements of this part, other referenced
parts of the CFR, and the Clean Air Act.
(y) Include estimates of U.S.-directed production volumes.
(z) Include other applicable information, such as information
specified in this part or part 1068 of this chapter related to requests
for exemptions.
165. Section 1048.210 is revised to read as follows:
Sec. 1048.210 May I get preliminary approval before I complete my
application?
If you send us information before you finish the application, we
will review it and make any appropriate determinations, especially for
questions related to engine family definitions, auxiliary emission-
control devices, deterioration factors, testing for service
accumulation, and maintenance. Decisions made under this section are
considered to be preliminary approval, subject to final review and
approval. If you request preliminary approval related to the upcoming
model year or the model year after that, we will make best-efforts to
make the appropriate determinations as soon as practicable. We will
generally not provide preliminary approval related to a future model
year more than two years ahead of time.
1048.215 [Removed]
166. Section 1048.215 is removed.
167. Section 1048.220 is revised to read as follows:
Sec. 1048.220 How do I amend the maintenance instructions in my
application?
You may amend your emission-related maintenance instructions after
you submit your application for certification, as long as the amended
instructions remain consistent with the provisions of Sec. 1048.125.
You must send the Designated Compliance Officer a request to amend your
application for certification for an engine family if you want to
change the emission-related maintenance instructions in a way that
could affect emissions. In your request, describe the proposed changes
to the maintenance instructions. We will disapprove your request if we
determine that the amended instructions are inconsistent with
maintenance you performed on emission-data engines.
(a) If you are decreasing the specified maintenance, you may
distribute the new maintenance instructions to your customers 30 days
after we receive your request, unless we disapprove your request. We
may approve a shorter time or waive this requirement.
(b) If your requested change would not decrease the specified
maintenance,
[[Page 54895]]
you may distribute the new maintenance instructions anytime after you
send your request. For example, this paragraph (b) would cover adding
instructions to increase the frequency of a maintenance step for
engines in severe-duty applications.
(c) You need not request approval if you are making only minor
corrections (such as correcting typographical mistakes), clarifying
your maintenance instructions, or changing instructions for maintenance
unrelated to emission control.
168. Section 1048.225 is revised to read as follows:
Sec. 1048.225 How do I amend my application for certification to
include new or modified engines?
Before we issue you a certificate of conformity, you may amend your
application to include new or modified engine configurations, subject
to the provisions of this section. After we have issued your
certificate of conformity, you may send us an amended application
requesting that we include new or modified engine configurations within
the scope of the certificate, subject to the provisions of this
section. You must amend your application if any changes occur with
respect to any information included in your application.
(a) You must amend your application before you take either of the
following actions:
(1) Add an engine (that is, an additional engine configuration) to
an engine family. In this case, the engine added must be consistent
with other engines in the engine family with respect to the criteria
listed in Sec. 1048.230.
(2) Change an engine already included in an engine family in a way
that may affect emissions, or change any of the components you
described in your application for certification. This includes
production and design changes that may affect emissions any time during
the engine's lifetime.
(b) To amend your application for certification, send the
Designated Compliance Officer the following information:
(1) Describe in detail the addition or change in the engine model
or configuration you intend to make.
(2) Include engineering evaluations or data showing that the
amended engine family complies with all applicable requirements. You
may do this by showing that the original emission-data engine is still
appropriate with respect to showing compliance of the amended family
with all applicable requirements.
(3) If the original emission-data engine for the engine family is
not appropriate to show compliance for the new or modified nonroad
engine, include new test data showing that the new or modified nonroad
engine meets the requirements of this part.
(c) We may ask for more test data or engineering evaluations. You
must give us these within 30 days after we request them.
(d) For engine families already covered by a certificate of
conformity, we will determine whether the existing certificate of
conformity covers your new or modified nonroad engine. You may ask for
a hearing if we deny your request (see Sec. 1048.820).
(e) For engine families already covered by a certificate of
conformity, you may start producing the new or modified nonroad engine
anytime after you send us your amended application, before we make a
decision under paragraph (d) of this section. However, if we determine
that the affected engines do not meet applicable requirements, we will
notify you to cease production of the engines and may require you to
recall the engines at no expense to the owner. Choosing to produce
engines under this paragraph (e) is deemed to be consent to recall all
engines that we determine do not meet applicable emission standards or
other requirements and to remedy the nonconformity at no expense to the
owner. If you do not provide information required under paragraph (c)
of this section within 30 days, you must stop producing the new or
modified nonroad engines.
169. Section 1048.230 is revised to read as follows:
Sec. 1048.230 How do I select engine families?
(a) Divide your product line into families of engines that are
expected to have similar emission characteristics throughout the useful
life. Your engine family is limited to a single model year.
(b) Group engines in the same engine family if they are the same in
all of the following aspects:
(1) The combustion cycle.
(2) The cooling system (water-cooled vs. air-cooled).
(3) Configuration of the fuel system (for example, fuel injection
vs. carburetion).
(4) Method of air aspiration.
(5) The number, location, volume, and composition of catalytic
converters.
(6) The number, arrangement, and approximate bore diameter of
cylinders.
(7) Evaporative emission controls.
(c) You may subdivide a group of engines that is identical under
paragraph (b) of this section into different engine families if you
show the expected emission characteristics are different during the
useful life.
(d) You may group engines that are not identical with respect to
the things listed in paragraph (b) of this section in the same engine
family if you show that their emission characteristics during the
useful life will be similar.
(e) You may create separate families for exhaust emissions and
evaporative emissions. If we do this, list both families on the
emission control information label.
(f) Where necessary, you may divide an engine family into sub-
families to meet different emission standards, as specified in Sec.
1048.101(a)(2). For issues related to compliance and prohibited
actions, we will generally apply decisions to the whole engine family.
For engine labels and other administrative provisions, we may approve
your request for separate treatment of sub-families.
170. Section 1048.235 is revised to read as follows:
Sec. 1048.235 What emission testing must I perform for my application
for a certificate of conformity?
This section describes the emission testing you must perform to
show compliance with the emission standards in Sec. Sec. 1048.101 (a)
and (b) and 1048.105 during certification. See Sec. 1048.205(q)
regarding emission testing related to the field-testing standards. See
Sec. 1048.240 and 40 CFR part 1065, subpart E, regarding service
accumulation before emission testing.
(a) Test your emission-data engines using the procedures and
equipment specified in subpart F of this part. For any testing related
to evaporative emissions, use good engineering judgment to include a
complete fuel system with the engine.
(b) Select emission-data engines according to the following
criteria:
(1) Exhaust testing. For each fuel type from each engine family,
select an emission-data engine with a configuration that is most likely
to exceed the exhaust emission standards, using good engineering
judgment. Consider the emission levels of all exhaust constituents over
the full useful life of the engine when operated in a piece of
equipment.
(2) Evaporative testing. For each engine family that includes a
volatile liquid fuel, select a test fuel system with a configuration
that is most likely to exceed the evaporative emission standards, using
good engineering judgment.
[[Page 54896]]
(c) We may measure emissions from any of your test engines or other
engines from the engine family, as follows:
(1) We may decide to do the testing at your plant or any other
facility. If we do this, you must deliver the test engine to a test
facility we designate. The test engine you provide must include
appropriate manifolds, aftertreatment devices, electronic control
units, and other emission-related components not normally attached
directly to the engine block. If we do the testing at your plant, you
must schedule it as soon as possible and make available the
instruments, personnel, and equipment we need.
(2) If we measure emissions on one of your test engines, the
results of that testing become the official emission results for the
engine. Unless we later invalidate these data, we may decide not to
consider your data in determining if your engine family meets
applicable requirements.
(3) Before we test one of your engines, we may set its adjustable
parameters to any point within the physically adjustable ranges (see
Sec. 1048.115(e)).
(4) Before we test one of your engines, we may calibrate it within
normal production tolerances for anything we do not consider an
adjustable parameter.
(d) You may ask to use emission data from a previous model year
instead of doing new tests, but only if all the following are true:
(1) The engine family from the previous model year differs from the
current engine family only with respect to model year.
(2) The emission-data engine from the previous model year remains
the appropriate emission-data engine under paragraph (b) of this
section.
(3) The data show that the emission-data engine would meet all the
requirements that apply to the engine family covered by the application
for certification.
(e) We may require you to test a second engine of the same or
different configuration in addition to the engine tested under
paragraph (b) of this section.
(f) If you use an alternate test procedure under 40 CFR 1065.10 and
later testing shows that such testing does not produce results that are
equivalent to the procedures specified in subpart F of this part, we
may reject data you generated using the alternate procedure.
171. Section 1048.240 is revised to read as follows:
Sec. 1048.240 How do I demonstrate that my engine family complies
with exhaust emission standards?
(a) For purposes of certification, your engine family is considered
in compliance with the applicable numerical emission standards in Sec.
1048.101(a) and (b) if all emission-data engines representing that
family have test results showing deteriorated emission levels at or
below these standards.
(b) Your engine family is deemed not to comply if any emission-data
engine representing that family has test results showing a deteriorated
emission level above an applicable emission standard from Sec.
1048.101 for any pollutant.
(c) To compare emission levels from the emission-data engine with
the applicable emission standards, apply deterioration factors to the
measured emission levels for each pollutant. Specify the deterioration
factors based on emission measurements using four significant figures,
consistent with good engineering judgment. For example, your
deterioration factors must take into account any available data from
in-use testing with similar engines (see subpart E of this part).
Small-volume engine manufacturers may use assigned deterioration
factors that we establish. Apply deterioration factors as follows:
(1) Multiplicative deterioration factor. For engines that use
aftertreatment technology, such as catalytic converters, use a
multiplicative deterioration factor for exhaust emissions. A
multiplicative deterioration factor is the ratio of exhaust emissions
at the end of useful life to exhaust emissions at the low-hour test
point. Adjust the official emission results for each tested engine at
the selected test point by multiplying the measured emissions by the
deterioration factor. If the factor is less than one, use one.
(2) Additive deterioration factor. For engines that do not use
aftertreatment technology, use an additive deterioration factor for
exhaust emissions. An additive deterioration factor is the difference
between exhaust emissions at the end of useful life and exhaust
emissions at the low-hour test point. Adjust the official emission
results for each tested engine at the selected test point by adding the
factor to the measured emissions. If the factor is less than zero, use
zero.
(d) Collect emission data using measurements to one more decimal
place than the applicable standard. Apply the deterioration factor to
the official emission result, as described in paragraph (c) of this
section, then round the adjusted figure to the same number of decimal
places as the emission standard. Compare the rounded emission levels to
the emission standard for each emission-data engine. In the case of
HC+NOX standards, apply the deterioration factor to each
pollutant and then add the results before rounding.
172. Section 1048.250 is amended by revising paragraphs (a) and (c)
to read as follows:
Sec. 1048.250 What records must I keep and make available to EPA?
(a) Organize and maintain the following records:
(1) A copy of all applications and any summary information you send
us.
(2) Any of the information we specify in Sec. 1048.205 that you
were not required to include in your application.
(3) A detailed history of each emission-data engine. For each
engine, describe all of the following:
(i) The emission-data engine's construction, including its origin
and buildup, steps you took to ensure that it represents production
engines, any components you built specially for it, and all the
components you include in your application for certification.
(ii) How you accumulated engine operating hours (service
accumulation), including the dates and the number of hours accumulated.
(iii) All maintenance, including modifications, parts changes, and
other service, and the dates and reasons for the maintenance.
(iv) All your emission tests, including documentation on routine
and standard tests, as specified in part 40 CFR part 1065, and the date
and purpose of each test.
(v) All tests to diagnose engine or emission-control performance,
giving the date and time of each and the reasons for the test.
(vi) Any other significant events.
(4) Production figures for each engine family divided by assembly
plant.
(5) Keep a list of engine identification numbers for all the
engines you produce under each certificate of conformity.
* * * * *
(c) Store these records in any format and on any media, as long as
you can promptly send us organized, written records in English if we
ask for them. You must keep these records readily available. We may
review them at any time.
* * * * *
173. Section 1048.255 is revised to read as follows:
Sec. 1048.255 When may EPA deny, revoke, or void my certificate of
conformity?
(a) If we determine your application is complete and shows that the
engine family meets all the requirements of this part and the Act, we
will issue a certificate of conformity for your engine family for that
model year. We may make the approval subject to additional conditions.
[[Page 54897]]
(b) We may deny your application for certification if we determine
that your engine family fails to comply with emission standards or
other requirements of this part or the Act. Our decision may be based
on a review of all information available to us. If we deny your
application, we will explain why in writing.
(c) In addition, we may deny your application or suspend or revoke
your certificate if you do any of the following:
(1) Refuse to comply with any testing or reporting requirements.
(2) Submit false or incomplete information (paragraph (e) of this
section applies if this is fraudulent).
(3) Render inaccurate any test data.
(4) Deny us from completing authorized activities despite our
presenting a warrant or court order (see 40 CFR 1068.20). This includes
a failure to provide reasonable assistance.
(5) Produce engines for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
(6) Fail to supply requested information or amend your application
to include all engines being produced.
(7) Take any action that otherwise circumvents the intent of the
Act or this part.
(d) We may void your certificate if you do not keep the records we
require or do not give us information when we ask for it.
(e) We may void your certificate if we find that you intentionally
submitted false or incomplete information.
(f) If we deny your application or suspend, revoke, or void your
certificate, you may ask for a hearing (see Sec. 1048.820).
174. Section 1048.301 is amended by revising paragraphs (a) and (f)
to read as follows:
Sec. 1048.301 When must I test my production-line engines?
(a) If you produce engines that are subject to the requirements of
this part, you must test them as described in this subpart.
* * * * *
(f) We may ask you to make a reasonable number of production-line
engines available for a reasonable time so we can test or inspect them
for compliance with the requirements of this part. See 40 CFR 1068.27.
175. Section 1048.305 is amended by revising paragraphs (d)(1),
(f), and (g) to read as follows:
Sec. 1048.305 How must I prepare and test my production-line engines?
* * * * *
(d) * * *
(1) We may adjust or require you to adjust idle speed outside the
physically adjustable range as needed only until the engine has
stabilized emission levels (see paragraph (e) of this section). We may
ask you for information needed to establish an alternate minimum idle
speed.
* * * * *
(f) Damage during shipment. If shipping an engine to a remote
facility for production-line testing makes necessary an adjustment or
repair, you must wait until after the initial emission test to do this
work. We may waive this requirement if the test would be impossible or
unsafe, or if it would permanently damage the engine. Report to us, in
your written report under Sec. 1048.345, all adjustments or repairs
you make on test engines before each test.
(g) Retesting after invalid tests. You may retest an engine if you
determine an emission test is invalid under subpart F of this part.
Explain in your written report reasons for invalidating any test and
the emission results from all tests. If you retest an engine and,
within ten days after testing, ask to substitute results of the new
tests for the original ones, we will answer within ten days after we
receive your information.
176. Section 1048.310 is amended by revising paragraphs (c)
introductory text, (c)(2), (g), and (i) to read as follows:
Sec. 1048.310 How must I select engines for production-line testing?
* * * * *
(c) Calculate the required sample size for each engine family.
Separately calculate this figure for HC+NOX and for CO. The
required sample size is the greater of these two calculated values. Use
the following equation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.001
Where:
N = Required sample size for the model year.
t95 = 95% confidence coefficient, which depends on the
number of tests completed, n, as specified in the table in paragraph
(c)(1) of this section. It defines 95% confidence intervals for a one-
tail distribution.
x = Mean of emission test results of the sample.
STD = Emission standard.
[sigma] = Test sample standard deviation (see paragraph (c)(2) of this
section).
n = The number of tests completed in an engine family.
* * * * *
(2) Calculate the standard deviation, [sigma], for the test sample
using the following formula:
[GRAPHIC] [TIFF OMITTED] TP10SE04.002
Where:
Xi = Emission test result for an individual engine.
* * * * *
(g) Continue testing any engine family for which the sample mean,
x, is greater than the emission standard. This applies if the sample
mean for either HC+NOX or for CO is greater than the
emission standard. Continue testing until one of the following things
happens:
(1) The number of tests completed in an engine family, n, is
greater than the required sample size, N, and the sample mean, x, is
less than or equal to the emission standard. For example, if N = 3.1
after the third test, the sample-size calculation does not allow you to
stop testing.
(2) The engine family does not comply according to Sec. 1048.315.
(3) You test 30 engines from the engine family.
(4) You test eight engines and one percent of your projected annual
U.S.-directed production volume for the engine family.
(5) You choose to declare that the engine family does not comply
with the requirements of this subpart.
* * * * *
(i) You may elect to test more randomly chosen engines than we
require under this section. Include these engines in the sample-size
calculations.
177. Section 1048.325 is amended by revising paragraph (d) to read
as follows:
Sec. 1048.325 What happens if an engine family fails the production-
line requirements?
* * * * *
(d) Section 1048.335 specifies steps you must take to remedy the
cause of the engine family's production-line failure. All the engines
you have produced since the end of the last test period are presumed
noncompliant and should be addressed in your proposed remedy. We may
require you to apply the remedy to engines produced earlier if we
determine that the cause of the failure is likely to have affected the
earlier engines.
178. Section 1048.350 is amended by revising paragraph (a) to read
as follows:
[[Page 54898]]
Sec. 1048.350 What records must I keep?
(a) Organize and maintain your records as described in this
section. We may review your records at any time.
* * * * *
179. Section 1048.425 is amended by revising paragraph (a) to read
as follows:
Sec. 1048.425 What records must I keep?
(a) Organize and maintain your records as described in this
section. We may review your records at any time.
* * * * *
180. Section 1048.501 is revised to read as follows:
Sec. 1048.501 How do I run a valid emission test?
(a) Use the equipment and procedures for spark-ignition engines in
40 CFR part 1065 to determine whether engines meet the duty-cycle
emission standards in Sec. 1048.101(a) and (b). Measure the emissions
of all the pollutants we regulate in Sec. 1048.101 using the full-flow
or partial-flow dilute sampling procedures as specified in 40 CFR part
1065. Use the applicable duty cycles specified in Sec. Sec. 1048.505
and 1048.510.
(b) Section 1048.515 describes the supplemental procedures for
evaluating whether engines meet the field-testing emission standards in
Sec. 1048.101(c).
(c) Use the fuels specified in 40 CFR part 1065, subpart C, to
perform valid tests for all the testing we require in this part, except
as noted in Sec. 1048.515. For service accumulation, use the test fuel
or any commercially available fuel that is representative of the fuel
that in-use engines will use.
(d) To test engines for evaporative emissions, use the equipment
and procedures specified for testing diurnal emissions in 40 CFR
86.107-96 and 86.133-96 with fuel meeting the specifications in 40 CFR
part 1065, subpart C. Measure emissions from a test engine with a
complete fuel system. Reported emission levels must be based on the
highest emissions from three successive 24-hour periods of cycling
temperatures. Note that you may omit testing for evaporative emissions
during certification if you certify by design, as specified in Sec.
1048.245.
(e) You may use special or alternate procedures to the extent we
allow them under 40 CFR 1065.10.
(f) This subpart is addressed to you as a manufacturer, but it
applies equally to anyone who does testing for you, and to us when we
perform testing to determine if your engines meet emission standards.
181. Section 1048.505 is revised to read as follows:
Sec. 1048.505 How do I test engines using steady-state duty cycles,
including ramped-modal testing?
This section describes how to test engines under steady-state
conditions. In some cases, we allow you to choose the appropriate
steady-state duty cycle for an engine. In these cases, you must use the
duty cycle you select in your application for certification for all
testing you perform for that engine family. If we test your engines to
confirm that they meet emission standards, we will use the duty cycles
you select for your own testing. We may also perform other testing as
allowed by the Clean Air Act.
(a) You may perform steady-state testing with either discrete-mode
or ramped-modal cycles, as follows:
(1) For discrete-mode testing, sample emissions separately for each
mode, then calculate an average emission level for the whole cycle
using the weighting factors specified for each mode. Calculate cycle
statistics for the sequence of modes and compare with the specified
values in 40 CFR part 1065 to confirm that the test is valid. Operate
the engine and sampling system as follows:
(i) Engines with NOX aftertreatment. For engines that
depend on aftertreatment to meet the NOX emission standard,
operate the engine for 5-6 minutes, then sample emissions for 1-3
minutes in each mode.
(ii) Engines without NOX aftertreatment. For other
engines, operate the engine for at least 5 minutes, then sample
emissions for at least 1 minute in each mode. Calculate cycle
statistics for the sequence of modes and compare with the specified
values in 40 CFR part 1065 to confirm that the test is valid.
(2) For ramped-modal testing, start sampling at the beginning of
the first mode and continue sampling until the end of the last mode.
Calculate emissions and cycle statistics the same as for transient
testing.
(b) Measure emissions by testing the engine on a dynamometer with
one or more of the following sets of duty cycles to determine whether
it meets the steady-state emission standards in Sec. 1048.101(b):
(1) For engines from an engine family that will be used only in
variable-speed applications, use one of the following duty cycles:
(i) The following duty cycle applies for discrete-mode testing:
Table 1 of Sec. 1048.505
------------------------------------------------------------------------
Minimum
C2 mode Observed time in Weighting
number Engine speed \1\ torque \2\ mode factors
(minutes)
------------------------------------------------------------------------
1.......... Maximum test speed.. 25 3.0 0.06
2.......... Intermediate test 100 3.0 0.02
speed.
3.......... Intermediate test 75 3.0 0.05
speed.
4.......... Intermediate test 50 3.0 0.32
speed.
5.......... Intermediate test 25 3.0 0.30
speed.
6.......... Intermediate test 10 3.0 0.10
speed.
7.......... Idle................ 0 3.0 0.15
------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ The percent torque is relative to the maximum torque at the given
engine speed.
(ii) The following duty cycle applies for ramped-modal testing:
[[Page 54899]]
Table 2 of Sec. 1048.505
----------------------------------------------------------------------------------------------------------------
Time in
RMC mode mode Engine speed 1, 2 Torque (percent) 2, 3
(seconds)
----------------------------------------------------------------------------------------------------------------
1a Steady-state.................... 119 Warm Idle.................. 0
1b Transition...................... 20 Linear Transition.......... Linear Transition
2a Steady-state.................... 29 Intermediate Speed......... 100
2b Transition...................... 20 Intermediate Speed......... Linear Transition
3a Steady-state.................... 150 Intermediate Speed......... 10
3b Transition...................... 20 Intermediate Speed......... Linear Transition
4a Steady-state.................... 80 Intermediate Speed......... 75
4b Transition...................... 20 Intermediate Speed......... Linear Transition
5a Steady-state.................... 513 Intermediate Speed......... 25
5b Transition...................... 20 Intermediate Speed......... Linear Transition
6a Steady-state.................... 549 Intermediate Speed......... 50
5b Transition...................... 20 Linear Transition.......... Linear Transition
6a Steady-state.................... 96 Maximum test speed......... 25
6b Transition...................... 20 Linear Transition.......... Linear Transition
7 Steady-state..................... 124 Warm Idle.................. 0
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
a linear progression from the torque setting of the current mode to the torque setting of the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.
(2) For engines from an engine family that will be used only at a
single, rated speed, use one of the following duty cycles:
(i) The following duty cycle applies for discrete-mode testing:
Table 3 of Sec. 1048.505
------------------------------------------------------------------------
Minimum
D2 mode time in Weighting
number Engine speed Torque \1\ mode factors
(minutes)
------------------------------------------------------------------------
1............ Maximum test...... 100 3.0 0.05
2............ Maximum test...... 75 3.0 0.25
3............ Maximum test...... 50 3.0 0.30
4............ Maximum test...... 25 3.0 0.30
5............ Maximum test...... 10 3.0 0.10
------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum torque at maximum test
speed.
(ii) The following duty cycle applies for ramped-modal testing:
Table 4 of Sec. 1048.505
----------------------------------------------------------------------------------------------------------------
Time in
RMC mode mode Engine speed Torque (percent) 1, 2
(seconds)
----------------------------------------------------------------------------------------------------------------
1a Steady-state.................... 53 Engine Governed............ 100
1b Transition...................... 20 Engine Governed............ Linear transition
2a Steady-state.................... 101 Engine Governed............ 10
2b Transition...................... 20 Engine Governed............ Linear transition
3a Steady-state.................... 277 Engine Governed............ 75
3b Transition...................... 20 Engine Governed............ Linear transition
4a Steady-state.................... 339 Engine Governed............ 25
4b Transition...................... 20 Engine Governed............ Linear transition
5 Steady-state..................... 350 Engine Governed............ 50
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to maximum test torque.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
a linear progression from the torque setting of the current mode to the torque setting of the next mode.
(3) Use a duty cycle from both paragraphs (b)(1) and (b)(2) of this
section if you will not restrict an engine family to constant-speed or
variable-speed applications.
(4) Use a duty cycle specified in paragraph (b)(2) of this section
for all severe-duty engines.
(5) For high-load engines, use one of the following duty cycles:
(i) The following duty cycle applies for discrete-mode testing:
[[Page 54900]]
Table 5 of Sec. 1048.505
------------------------------------------------------------------------
Minimum
D1 mode time in Weighting
number Engine speed Torque \1\ mode factors
(minutes)
------------------------------------------------------------------------
1............ Maximum test...... 100 3.0 0.50
2............ Maximum test...... 75 3.0 0.50
------------------------------------------------------------------------
\1\ The percent torque is relative to the maximum torque at maximum test
speed.
(ii) The following duty cycle applies for discrete-mode testing:
Table 6 of Sec. 1048.505
----------------------------------------------------------------------------------------------------------------
Time in
RMC modes mode Engine speed (percent) Torque (percent)1, 2
(seconds)
----------------------------------------------------------------------------------------------------------------
1a Steady-state.................... 290 Engine Governed............ 100
1b Transition...................... 20 Engine Governed............ Linear Transition
2 Steady-state..................... 290 Engine Governed............ 75
----------------------------------------------------------------------------------------------------------------
\1\ The percent torque is relative to maximum test torque.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
a linear progression from the torque setting of the current mode to the torque setting of the next mode.
(c) If we test an engine to confirm that it meets the duty-cycle
emission standards, we will use the steady-state duty cycles that apply
for that engine family.
(d) During idle mode, operate the engine with the following
parameters:
(1) Hold the speed within your specifications.
(2) Set the engine to operate at its minimum fueling rate.
(3) Keep engine torque under 5 percent of maximum test torque.
(e) For full-load operating modes, operate the engine at wide-open
throttle.
(f) See 40 CFR part 1065 for detailed specifications of tolerances
and calculations.
(g) For those cases where transient testing is not necessary,
perform the steady-state test according to this section after an
appropriate warm-up period, consistent with 40 CFR part 1065, subpart
F.
182. Section 1048.510 is amended by revising the section heading
and paragraph (a) to read as follows:
Sec. 1048.510 Which duty cycles do I use for transient testing?
(a) Starting with the 2007 model year, measure emissions by testing
the engine on a dynamometer with one of the following transient duty
cycles to determine whether it meets the transient emission standards
in Sec. 1048.101(a):
(1) For constant-speed engines and severe-duty engines, use the
transient duty-cycle described in Appendix I of this part.
(2) For all other engines, use the transient duty cycle described
in Appendix II of this part.
* * * * *
183. Section 1048.515 is amended by revising the section heading
and paragraphs (a)(1) and (a)(2) to read as follows:
Sec. 1048.515 What are the field-testing procedures?
(a) * * *
(1) Remove the selected engines for testing in a laboratory. You
may use an engine dynamometer to simulate normal operation, as
described in this section.
(2) Test the selected engines while they remain installed in the
equipment. In 40 CFR part 1065, subpart J, we describe the equipment
and sampling methods for testing engines in the field. Use fuel meeting
the specifications of 40 CFR part 1065, subpart H, or a fuel typical of
what you would expect the engine to use in service.
* * * * *
184. Section 1048.601 is revised to read as follows:
Sec. 1048.601 What compliance provisions apply to these engines?
Engine and equipment manufacturers, as well as owners, operators,
and rebuilders of engines subject to the requirements of this part, and
all other persons, must observe the provisions of this part, the
requirements and prohibitions in 40 CFR part 1068, and the provisions
of the Act.
185. Section 1048.605 is revised to read as follows:
Sec. 1048.605 What provisions apply to engines certified under the
motor-vehicle program?
(a) General provisions. If you are an engine manufacturer, this
section allows you to introduce new nonroad engines into commerce if
they are already certified to the requirements that apply to
compression-ignition engines under 40 CFR parts 85 and 86 for the
appropriate model year. If you comply with all the provisions of this
section, we consider the certificate issued under 40 CFR part 86 for
each engine to also be a valid certificate of conformity under this
part 1048 for its model year, without a separate application for
certification under the requirements of this part 1048. See Sec.
1048.610 for similar provisions that apply to engines certified to
chassis-based standards for motor vehicles.
(b) Equipment-manufacturer provisions. If you are not an engine
manufacturer, you may produce nonroad equipment using motor-vehicle
engines under this section as long as the engine has been properly
labeled as specified in paragraph (d)(5) of this section and you do not
make any of the changes described in paragraph (d)(2) of this section.
If you modify the motor-vehicle engine in any of the ways described in
paragraph (d)(2) of this section, we will consider you a manufacturer
of a new nonroad engine. Such engine modifications prevent you from
using the provisions of this section.
(c) Liability. Engines for which you meet the requirements of this
section are exempt from all the requirements and
[[Page 54901]]
prohibitions of this part, except for those specified in this section.
Engines exempted under this section must meet all the applicable
requirements from 40 CFR parts 85 and 86. This applies to engine
manufacturers, equipment manufacturers who use these engines, and all
other persons as if these engines were used in a motor vehicle. The
prohibited acts of Sec. 1068.101(a)(1) apply to these new engines and
equipment; however, we consider the certificate issued under 40 CFR
part 86 for each engine to also be a valid certificate of conformity
under this part 1048 for its model year. If we make a determination
that these engines do not conform to the regulations during their
useful life, we may require you to recall them under 40 CFR part 86 or
40 CFR 1068.505.
(d) Specific requirements. If you are an engine manufacturer and
meet all the following criteria and requirements regarding your new
nonroad engine, the engine is eligible for an exemption under this
section:
(1) Your engine must be covered by a valid certificate of
conformity issued under 40 CFR part 86.
(2) You must not make any changes to the certified engine that
could reasonably be expected to increase its exhaust emissions for any
pollutant, or its evaporative emissions. For example, if you make any
of the following changes to one of these engines, you do not qualify
for this exemption:
(i) Change any fuel system or evaporative system parameters from
the certified configuration (this does not apply to refueling
controls).
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the engine
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that
temperatures or heat rejection rates are outside the original engine
manufacturer's specified ranges.
(3) You must show that fewer than 50 percent of the engine model's
total sales for the model year, from all companies, are used in nonroad
applications, as follows:
(i) If you are the original manufacturer of the engine, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the engine to confirm this based on its sales information.
(4) You must ensure that the engine has the label we require under
40 CFR part 86.
(5) You must add a permanent supplemental label to the engine in a
position where it will remain clearly visible after installation in the
equipment. In the supplemental label, do the following:
(i) Include the heading: ``NONROAD ENGINE EMISSION CONTROL
INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS ENGINE WAS ADAPTED FOR NONROAD USE WITHOUT
AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON
THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE
APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF
FEDERAL LAW.''.
(iv) State the date you finished modifying the engine (month and
year), if applicable.
(6) The original and supplemental labels must be readily visible
after the engine is installed in the equipment or, if the equipment
obscures the engine's emission control information label, the equipment
manufacturer must attach duplicate labels, as described in 40 CFR
1068.105.
(7) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone
number.
(ii) List the engine models you expect to produce under this
exemption in the coming year.
(iii) State: ``We produce each listed engine model for nonroad
application without making any changes that could increase its
certified emission levels, as described in 40 CFR 1048.605.''.
(e) Failure to comply. If your engines do not meet the criteria
listed in paragraph (d) of this section, they will be subject to the
standards, requirements, and prohibitions of this part 1048 and the
certificate issued under 40 CFR part 86 will not be deemed to also be a
certificate issued under this part 1048. Introducing these engines into
commerce without a valid exemption or certificate of conformity under
this part violates the prohibitions in 40 CFR 1068.101(a)(1).
(f) Data submission. We may require you to send us emission test
data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Engines
adapted for nonroad use under this section may generate credits under
the ABT provisions in 40 CFR part 86. These engines must use emission
credits under 40 CFR part 86 if they are certified to an FEL that
exceeds an applicable standard under 40 CFR part 86.
186. Section 1048.610 is revised to read as follows:
Sec. 1048.610 What provisions apply to vehicles certified under the
motor-vehicle program?
(a) General provisions. If you are a motor-vehicle manufacturer,
this section allows you to introduce new nonroad engines or equipment
into commerce if the vehicle is already certified to the requirements
that apply under 40 CFR parts 85 and 86 for the appropriate model year.
If you comply with all of the provisions of this section, we consider
the certificate issued under 40 CFR part 86 for each motor vehicle to
also be a valid certificate of conformity for the engine under this
part 1048 for its model year, without a separate application for
certification under the requirements of this part 1048. See Sec.
1048.605 for similar provisions that apply to motor-vehicle engines
produced for nonroad equipment.
(b) Equipment-manufacturer provisions. If you are not an engine
manufacturer, you may produce nonroad equipment from motor vehicles
under this section as long as the equipment has the labels specified in
paragraph (d)(5) of this section and you do not make any of the changes
described in paragraph (d)(2) of this section. You must also add the
fuel-inlet label we specify in Sec. 1048.135(e). If you modify the
motor vehicle or its engine in any of the ways described in paragraph
(d)(2) of this section, we will consider you a manufacturer of a new
nonroad engine. Such modifications prevent you from using the
provisions of this section.
(c) Liability. Engines, vehicles, and equipment for which you meet
the requirements of this section are exempt from all the requirements
and prohibitions of this part, except for those specified in this
section. Engines exempted under this section must meet all the
applicable requirements from 40 CFR parts 85 and 86. This applies to
engine manufacturers, equipment manufacturers, and all other persons as
if the nonroad equipment were motor vehicles. The prohibited acts of 40
CFR 1068.101(a)(1) apply to these new pieces of equipment; however, we
consider the certificate issued under 40 CFR part 86 for each motor
vehicle to also be a valid certificate of conformity for the engine
under this part 1048 for its model year. If we make a determination
that these
[[Page 54902]]
engines, vehicles, or equipment do not conform to the regulations
during their useful life, we may require you to recall them under 40
CFR part 86 or 40 CFR 1068.505.
(d) Specific requirements. If you are a motor-vehicle manufacturer
and meet all the following criteria and requirements regarding your new
nonroad equipment and its engine, the engine is eligible for an
exemption under this section:
(1) Your equipment must be covered by a valid certificate of
conformity as a motor vehicle issued under 40 CFR part 86.
(2) You must not make any changes to the certified vehicle that we
could reasonably expect to increase its exhaust emissions for any
pollutant, or its evaporative emissions if it is subject to
evaporative-emission standards. For example, if you make any of the
following changes, you do not qualify for this exemption:
(i) Change any fuel system or evaporative system parameters from
the certified configuration, including refueling emission controls.
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the vehicle
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that
temperatures or heat rejection rates are outside the original vehicle
manufacturer's specified ranges.
(iv) Add more than 500 pounds to the curb weight of the originally
certified motor vehicle.
(3) You must show that fewer than 50 percent of the total sales as
a motor vehicle or a piece of nonroad equipment, from all companies,
are used in nonroad applications, as follows:
(i) If you are the original manufacturer of the vehicle, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the vehicle to confirm this based on their sales information.
(4) The equipment must have the vehicle emission control
information and fuel labels we require under 40 CFR 86.007-35.
(5) You must add a permanent supplemental label to the equipment in
a position where it will remain clearly visible. In the supplemental
label, do the following:
(i) Include the heading: ``NONROAD ENGINE EMISSION CONTROL
INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS VEHICLE WAS ADAPTED FOR NONROAD USE WITHOUT
AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON
THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE
APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF
FEDERAL LAW.''.
(iv) State the date you finished modifying the vehicle (month and
year), if applicable.
(6) The original and supplemental labels must be readily visible in
the fully assembled equipment.
(7) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone
number.
(ii) List the equipment models you expect to produce under this
exemption in the coming year.
(iii) State: ``We produced each listed engine or equipment model
for nonroad application without making any changes that could increase
its certified emission levels, as described in 40 CFR 1048.610.''.
(e) Failure to comply. If your engines, vehicles, or equipment do
not meet the criteria listed in paragraph (d) of this section, the
engines will be subject to the standards, requirements, and
prohibitions of this part 1048, and the certificate issued under 40 CFR
part 86 will not be deemed to also be a certificate issued under this
part 1048. Introducing these engines into commerce without a valid
exemption or certificate of conformity under this part violates the
prohibitions in 40 CFR 1068.101(a)(1).
(f) Data submission. We may require you to send us emission test
data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Vehicles
adapted for nonroad use under this section may generate credits under
the ABT provisions in 40 CFR part 86. These vehicles must use emission
credits under 40 CFR part 86 if they are certified to an FEL that
exceeds an applicable standard under 40 CFR part 86.
187. Section 1048.615 is amended by revising paragraphs (a)(2),
(a)(3), (c), and (d) to read as follows:
Sec. 1048.615 What are the provisions for exempting engines designed
for lawn and garden applications?
* * * * *
(a) * * *
(2) The engine must have a maximum engine power at or below 30 kW.
(3) The engine must be in an engine family that has a valid
certificate of conformity showing that it meets emission standards for
Class II engines under 40 CFR part 90 for the appropriate model year.
* * * * *
(c) If your engines do not meet the criteria listed in paragraph
(a) of this section, they will be subject to the provisions of this
part. Introducing these engines into commerce without a valid exemption
or certificate of conformity violates the prohibitions in 40 CFR
1068.101.
(d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 90. The requirements
and restrictions of 40 CFR part 90 apply to anyone manufacturing these
engines, anyone manufacturing equipment that uses these engines, and
all other persons in the same manner as if these engines had a total
maximum engine power at or below 19 Kw.
188. Section 1048.620 is amended by revising paragraphs (a)(2),
(a)(3), (c), (d), and (e) to read as follows:
Sec. 1048.620 What are the provisions for exempting large engines
fueled by natural gas?
(a) * * *
(2) The engine must have maximum engine power at or above 250 kW.
(3) The engine must be in an engine family that has a valid
certificate of conformity showing that it meets emission standards for
engines of that power rating under 40 CFR part 89 or 1039.
* * * * *
(c) If your engines do not meet the criteria listed in paragraph
(a) of this section, they will be subject to the provisions of this
part. Introducing these engines into commerce without a valid exemption
or certificate of conformity violates the prohibitions in 40 CFR
1068.101.
(d) Engines exempted under this section are subject to all the
requirements affecting engines under 40 CFR part 89 or 1039. The
requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone
manufacturing these engines, anyone manufacturing equipment that uses
these engines, and all other persons in the same manner as if these
were nonroad diesel engines.
[[Page 54903]]
(e) You may request an exemption under this section by submitting
an application for certification for the engines under 40 CFR part 89
or 1039.
189. Section 1048.625 is revised to read as follows:
Sec. 1048.625 What special provisions apply to engines using
noncommercial fuels?
In Sec. 1048.115(e), we generally require that engines meet
emission standards for any adjustment within the full range of any
adjustable parameters. For engines that use noncommercial fuels
significantly different than the specified test fuel of the same type,
you may ask to use the parameter-adjustment provisions of this section
instead of those in Sec. 1048.115(e). Engines certified under this
section must be in a separate engine family.
(a) If we approve your request, the following provisions apply:
(1) You must certify the engine using the test fuel specified in
Sec. 1048.501.
(2) You may produce the engine without limits or stops that keep
the engine adjusted within the certified range.
(3) You must specify in-use adjustments different than the
adjustable settings appropriate for the specified test fuel, consistent
with the provisions of paragraph (b)(1) of this section.
(b) To produce engines under this section, you must do the
following:
(1) Specify in-use adjustments needed so the engine's level of
emission control for each regulated pollutant is equivalent to that
from the certified configuration.
(2) Add the following information to the emission control
information label specified in Sec. 1048.135:
(i) Include instructions describing how to adjust the engine to
operate in a way that maintains the effectiveness of the emission-
control system.
(ii) State: ``THIS ENGINE IS CERTIFIED TO OPERATE IN APPLICATIONS
USING NONCOMMERCIAL FUEL. MALADJUSTMENT OF THE ENGINE IS A VIOLATION OF
FEDERAL LAW SUBJECT TO CIVIL PENALTY.''.
(3) Keep records to document the destinations and quantities of
engines produced under this section.
190. A new Sec. 1048.630 is added to read as follows:
Sec. 1048.630 What are the provisions for exempting engines used
solely for competition?
The provisions of this section apply for new engines built on or
after January 1, 2006.
(a) Equipment manufacturers may use uncertified engines if the
vehicles or equipment in which they are installed will be used solely
for competition.
(b) The definition of nonroad engine in 40 CFR 1068.30 excludes
engines used solely for competition. These engines are not required to
comply with this part 1048 or 40 CFR part 89, but 40 CFR 1068.101
prohibits the use of competition engines for noncompetition purposes.
(c) We consider a vehicle or piece of equipment to be one that will
be used solely for competition if it has features that are not easily
removed that would make its use other than in competition unsafe,
impractical, or highly unlikely.
(d) As an engine manufacturer, your engine is exempt without our
prior approval if you have a written request for an exempted engine
from the equipment manufacturer showing the basis for believing that
the equipment will be used solely for competition. You must permanently
label engines exempted under this section to clearly indicate that they
are to be used solely for competition. Failure to properly label an
engine will void the exemption.
(e) We may discontinue an exemption under this section if we find
that engines are not used solely for competition.
191. A new Sec. 1048.635 is added to read as follows:
Sec. 1048.635 What special provisions apply to branded engines?
The following provisions apply if you identify the name and
trademark of another company instead of your own on your emission
control information label, as provided by Sec. 1048.135(c)(2):
(a) You must have a contractual agreement with the other company
that obligates that company to take the following steps:
(1) Meet the emission warranty requirements that apply under Sec.
1048.120. This may involve a separate agreement involving reimbursement
of warranty-related expenses.
(2) Report all warranty-related information to the certificate
holder.
(b) In your application for certification, identify the company
whose trademark you will use and describe the arrangements you have
made to meet your requirements under this section.
(c) You remain responsible for meeting all the requirements of this
chapter, including warranty and defect-reporting provisions.
192. Section 1048.801 is revised to read as follows:
Sec. 1048.801 What definitions apply to this part?
The following definitions apply to this part. The definitions apply
to all subparts unless we note otherwise. All undefined terms have the
meaning the Act gives to them. The definitions follow:
Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect emissions or engine performance
during emission testing or normal in-use operation. This includes, but
is not limited to, parameters related to injection timing and fueling
rate. You may ask us to exclude a parameter that is difficult to access
if it cannot be adjusted to affect emissions without significantly
degrading engine performance, or if you otherwise show us that it will
not be adjusted in a way that affects emissions during in-use
operation.
Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the engine exhaust before it is exhausted
to the environment. Exhaust-gas recirculation (EGR) and turbochargers
are not aftertreatment.
Aircraft means any vehicle capable of sustained air travel above
treetop heights.
All-terrain vehicle has the meaning we give in 40 CFR 1051.801.
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
Auxiliary emission-control device means any element of design that
senses temperature, motive speed, engine RPM, transmission gear, or any
other parameter for the purpose of activating, modulating, delaying, or
deactivating the operation of any part of the emission-control system.
Blue Sky Series engine means an engine meeting the requirements of
Sec. 1048.140.
Brake power means the usable power output of the engine, not
including power required to fuel, lubricate, or heat the engine,
circulate coolant to the engine, or to operate aftertreatment devices.
Calibration means the set of specifications and tolerances specific
to a particular design, version, or application of a component or
assembly capable of functionally describing its operation over its
working range.
Certification means obtaining a certificate of conformity for an
engine family that complies with the emission standards and
requirements in this part.
[[Page 54904]]
Certified emission level means the highest deteriorated emission
level in an engine family for a given pollutant from either transient
or steady-state testing.
Compression-ignition means relating to a type of reciprocating,
internal-combustion engine that is not a spark-ignition engine.
Constant-speed engine means an engine whose certification is
limited to constant-speed operation. Engines whose constant-speed
governor function is removed or disabled are no longer constant-speed
engines.
Constant-speed operation means engine operation with a governor
that controls the operator input to maintain an engine at a reference
speed, even under changing load. For example, an isochronous governor
changes reference speed temporarily during a load change, then returns
the engine to its original reference speed after the engine stabilizes.
Isochronous governors typically allow speed changes up to 1.0%. Another
example is a speed-droop governor, which has a fixed reference speed at
zero load and allows the reference speed to decrease as load increases.
With speed-droop governors, speed typically decreases (3 to 10)% below
the reference speed at zero load, such that the minimum reference speed
occurs near the engine's point of maximum power.
Crankcase emissions means airborne substances emitted to the
atmosphere from any part of the engine crankcase's ventilation or
lubrication systems. The crankcase is the housing for the crankshaft
and other related internal parts.
Critical emission-related component means any of the following
components:
(1) Electronic control units, aftertreatment devices, fuel-metering
components, EGR-system components, crankcase-ventilation valves, all
components related to charge-air compression and cooling, and all
sensors and actuators associated with any of these components.
(2) Any other component whose primary purpose is to reduce
emissions.
Designated Compliance Officer means the Manager, Engine Programs
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Designated Enforcement Officer means the Director, Air Enforcement
Division (2242A), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW.,Washington, DC 20460.
Deteriorated emission level means the emission level that results
from applying the appropriate deterioration factor to the official
emission result of the emission-data engine.
Deterioration factor means the relationship between emissions at
the end of useful life and emissions at the low-hour test point,
expressed in one of the following ways:
(1) For multiplicative deterioration factors, the ratio of
emissions at the end of useful life to emissions at the low-hour test
point.
(2) For additive deterioration factors, the difference between
emissions at the end of useful life and emissions at the low-hour test
point.
Discrete-mode means relating to the discrete-mode type of steady-
state test described in Sec. 1048.505.
Emission-control system means any device, system, or element of
design that controls or reduces the regulated emissions from an engine.
Emission-data engine means an engine that is tested for
certification. This includes engines tested to establish deterioration
factors.
Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emission
deterioration.
Engine configuration means a unique combination of engine hardware
and calibration within an engine family. Engines within a single engine
configuration differ only with respect to normal production
variability.
Engine family has the meaning given in Sec. 1048.230.
Engine manufacturer means the manufacturer of the engine. See the
definition of ``manufacturer'' in this section.
Equipment manufacturer means a manufacturer of nonroad equipment.
All nonroad equipment manufacturing entities under the control of the
same person are considered to be a single nonroad equipment
manufacturer.
Excluded means relating to an engine that either:
(1) Has been determined not to be a nonroad engine, as specified in
40 CFR 1068.30; or
(2) Is a nonroad engine that, according to Sec. 1048.5, is not
subject to this part 1048.
Exempted has the meaning we give in 40 CFR 1068.30.
Exhaust-gas recirculation means a technology that reduces emissions
by routing exhaust gases that had been exhausted from the combustion
chamber(s) back into the engine to be mixed with incoming air before or
during combustion. The use of valve timing to increase the amount of
residual exhaust gas in the combustion chamber(s) that is mixed with
incoming air before or during combustion is not considered exhaust-gas
recirculation for the purposes of this part.
Fuel system means all components involved in transporting,
metering, and mixing the fuel from the fuel tank to the combustion
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel
filters, fuel lines, carburetor or fuel-injection components, and all
fuel-system vents.
Fuel type means a general category of fuels such as gasoline or
natural gas. There can be multiple grades within a single fuel type,
such as winter-grade and summer-grade gasoline.
Good engineering judgment has the meaning we give in 40 CFR
1068.30. See 40 CFR 1068.5 for the administrative process we use to
evaluate good engineering judgment.
High-cost warranted part means a component covered by the emission-
related warranty with a replacement cost (at the time of certification)
exceeding $400 (in 1998 dollars). Adjust this value using the most
recent annual average consumer price index information published by the
U.S. Bureau of Labor Statistics. For this definition, replacement cost
includes the retail cost of the part plus labor and standard diagnosis.
High-load engine means an engine for which the engine manufacturer
can provide clear evidence that operation below 75 percent of maximum
load in it's final application will be rare.
Hydrocarbon (HC) means the hydrocarbon group on which the emission
standards are based for each fuel type, as described in Sec.
1048.101(e).
Identification number means a unique specification (for example, a
model number/serial number combination) that allows someone to
distinguish a particular engine from other similar engines.
Intermediate test speed has the meaning we give in 40 CFR 1065.515.
Low-hour means relating to an engine with stabilized emissions and
represents the undeteriorated emission level. This would generally
involve less than 300 hours of operation.
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures an engine,
vehicle, or piece of equipment for sale in the United States or
otherwise introduces a new nonroad engine into commerce in the United
States. This includes importers who import engines, equipment, or
vehicles for resale.
Marine engine means a nonroad engine that is installed or intended
to be installed on a marine vessel. This includes a portable auxiliary
engine only if its fueling, cooling, or exhaust system is an integral
part of the vessel. There are two kinds of marine engines:
[[Page 54905]]
(1) Propulsion marine engine means a marine engine that moves a
vessel through the water or directs the vessel's movement.
(2) Auxiliary marine engine means a marine engine not used for
propulsion.
Marine vessel has the meaning given in 1 U.S.C. 3, except that it
does not include amphibious vehicles. The definition in 1 U.S.C. 3 very
broadly includes every craft capable of being used as a means of
transportation on water.
Maximum engine power has one of the following meanings:
(1) For engines at or below 30 kW, maximum engine power has the
meaning given in 40 CFR 90.2.
(2) For engines above 30 kW, maximum engine power has the meaning
given in 40 CFR 1039.140.
Maximum test speed has the meaning we give in 40 CFR 1065.515.
Maximum test torque has the meaning we give in 40 CFR 1065.1001.
Model year means one of the following things:
(1) For freshly manufactured equipment and engines (see definition
of ``new nonroad engine,'' paragraph (1)), model year means one of the
following:
(i) Calendar year.
(ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year.
(2) For an engine that is converted to a nonroad engine after being
placed into service as a motor-vehicle engine or a stationary engine,
model year means the calendar year in which the engine was originally
produced (see definition of ``new nonroad engine,'' paragraph (2)).
(3) For a nonroad engine excluded under Sec. 1048.5 that is later
converted to operate in an application that is not excluded, model year
means the calendar year in which the engine was originally produced
(see definition of ``new nonroad engine,'' paragraph (3)).
(4) For engines that are not freshly manufactured but are installed
in new nonroad equipment, model year means the calendar year in which
the engine is installed in the new nonroad equipment (see definition of
``new nonroad engine,'' paragraph (4)).
(5) For imported engines:
(i) For imported engines described in paragraph (5)(i) of the
definition of ``new nonroad engine,'' model year has the meaning given
in paragraphs (1) through (4) of this definition.
(ii) [Reserved]
Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In
general, motor vehicle means any vehicle that EPA deems to be capable
of safe and practical use on streets or highways that has a maximum
ground speed above 40 kilometers per hour (25 miles per hour) over
level, paved surfaces.
New nonroad engine means any of the following things:
(1) A freshly manufactured nonroad engine for which the ultimate
purchaser has never received the equitable or legal title. This kind of
engine might commonly be thought of as ``brand new.'' In the case of
this paragraph (1), the engine becomes new when it is fully assembled
for the first time. The engine is no longer new when the ultimate
purchaser receives the title or the product is placed into service,
whichever comes first.
(2) An engine originally manufactured as a motor-vehicle engine or
a stationary engine that is later intended to be used in a piece of
nonroad equipment. In this case, the engine is no longer a motor-
vehicle or stationary engine and becomes a ``new nonroad engine''. The
engine is no longer new when it is placed into nonroad service.
(3) A nonroad engine that has been previously placed into service
in an application we exclude under Sec. 1048.5, where that engine is
installed in a piece of equipment that is covered by this part 1048.
The engine is no longer new when it is placed into nonroad service
covered by this part 1048. For example, this would apply to a marine-
propulsion engine that is no longer used in a marine vessel.
(4) An engine not covered by paragraphs (1) through (3) of this
definition that is intended to be installed in new nonroad equipment.
The engine is no longer new when the ultimate purchaser receives a
title for the equipment or the product is placed into service,
whichever comes first. This generally includes installation of used
engines in new equipment.
(5) An imported nonroad engine, subject to the following
provisions:
(i) An imported nonroad engine covered by a certificate of
conformity issued under this part that meets the criteria of one or
more of paragraphs (1) through (4) of this definition, where the
original engine manufacturer holds the certificate, is new as defined
by those applicable paragraphs.
(ii) An imported nonroad engine covered by a certificate of
conformity issued under this part, where someone other than the
original engine manufacturer holds the certificate (such as when the
engine is modified after its initial assembly), becomes new when it is
imported. It is no longer new when the ultimate purchaser receives a
title for the engine or it is placed into service, whichever comes
first.
(iii) An imported nonroad engine that is not covered by a
certificate of conformity issued under this part at the time of
importation is new, but only if it was produced on or after January 1,
2004. This addresses uncertified engines and equipment initially placed
into service that someone seeks to import into the United States.
Importation of this kind of new nonroad engine (or equipment containing
such an engine) is generally prohibited by 40 CFR part 1068.
New nonroad equipment means either of the following things:
(1) A nonroad piece of equipment for which the ultimate purchaser
has never received the equitable or legal title. The product is no
longer new when the ultimate purchaser receives this title or the
product is placed into service, whichever comes first.
(2) An imported nonroad piece of equipment with an engine not
covered by a certificate of conformity issued under this part at the
time of importation and manufactured after January 1, 2004.
Noncommercial fuel means a combustible product that is not marketed
as a commercial fuel, but is used as a fuel for nonroad engines. For
example, this includes methane that is produced and released from
landfills or oil wells, or similar unprocessed fuels that are not
intended to meet any otherwise applicable fuel specifications. See
Sec. 1048.615 for provisions related to engines designed to burn
noncommercial fuels.
Noncompliant engine means an engine that was originally covered by
a certificate of conformity, but is not in the certified configuration
or otherwise does not comply with the conditions of the certificate.
Nonconforming engine means an engine not covered by a certificate
of conformity that would otherwise be subject to emission standards.
Nonmethane hydrocarbon means the difference between the emitted
mass of total hydrocarbons and the emitted mass of methane.
Nonroad means relating to nonroad engines or equipment that
includes nonroad engines.
Nonroad engine has the meaning we give in 40 CFR 1068.30. In
general this means all internal-combustion engines except motor vehicle
engines, stationary engines, engines used solely for competition, or
engines used in aircraft.
[[Page 54906]]
This part does not apply to all nonroad engines (see Sec. 1048.5).
Nonroad equipment means a piece of equipment that is powered by one
or more nonroad engines.
Off-highway motorcycle has the meaning we give in 40 CFR 1051.801.
(Note: highway motorcycles are regulated under 40 CFR part 86.)
Official emission result means the measured emission rate for an
emission-data engine on a given duty cycle before the application of
any deterioration factor, but after the applicability of regeneration
adjustment factors.
Oxides of nitrogen has the meaning we give in 40 CFR part 1065.
Piece of equipment means any vehicle, vessel, or other type of
equipment using engines to which this part applies.
Placed into service means put into initial use for its intended
purpose.
Point of first retail sale means the location at which the initial
retail sale occurs. This generally means an equipment dealership, but
may also include an engine seller or distributor in cases where loose
engines are sold to the general public for uses such as replacement
engines.
Ramped-modal means relating to the ramped-modal type of steady-
state test described in Sec. 1048.505.
Rated speed means the maximum full-load governed speed for governed
engines and the speed of maximum power for ungoverned engines.
Revoke has the meaning we give in 40 CFR 1068.30.
Round means to round numbers according to NIST Special Publication
811(incorporated by reference in Sec. 1048.810), unless otherwise
specified.
Scheduled maintenance means adjusting, repairing, removing,
disassembling, cleaning, or replacing components or systems
periodically to keep a part or system from failing, malfunctioning, or
wearing prematurely. It also may mean actions you expect are necessary
to correct an overt indication of failure or malfunction for which
periodic maintenance is not appropriate.
Severe-duty application includes concrete saws, concrete pumps, and
any other application where an engine manufacturer can provide clear
evidence that the majority of installations need air-cooled engines as
a result of operation in a severe-duty environment.
Severe-duty engine means an engine from an engine family in which
the majority of engines are installed in severe-duty applications.
Small-volume engine manufacturer means a company with fewer than
200 employees. This includes any employees working for parent or
subsidiary companies.
Snowmobile has the meaning we give in 40 CFR 1051.801.
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark-ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Steady-state means relating to emission tests in which engine speed
and load are held at a finite set of essentially constant values.
Steady-state tests are either discrete-mode tests or ramped-modal
tests.
Stoichiometry means the proportion of a mixture of air and fuel
such that the fuel is fully oxidized with no remaining oxygen. For
example, stoichiometric combustion in gasoline engines typically occurs
at an air-fuel mass ratio of about 14.7.
Suspend has the meaning we give in 40 CFR 1068.30.
Test engine means an engine in a test sample.
Test sample means the collection of engines selected from the
population of an engine family for emission testing. This may include
testing for certification, production-line testing, or in-use testing.
Tier 1 means relating to the emission standards and other
requirements that apply beginning with the 2004 model year.
Tier 2 means relating to the emission standards and other
requirements that apply beginning with the 2007 model year.
Total hydrocarbon means the combined mass of organic compounds
measured by the specified procedure for measuring total hydrocarbon,
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of
1.85:1.
Total hydrocarbon equivalent means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled
engines. The hydrogen-to-carbon ratio of the equivalent hydrocarbon is
1.85:1.
Ultimate purchaser means, with respect to any new nonroad equipment
or new nonroad engine, the first person who in good faith purchases
such new nonroad equipment or new nonroad engine for purposes other
than resale.
United States has the meaning we give in 40 CFR 1068.30.
Upcoming model year means for an engine family the model year after
the one currently in production.
U.S.-directed production volume means the number of engine units,
subject to the requirements of this part, produced by a manufacturer
for which the manufacturer has a reasonable assurance that sale was or
will be made to ultimate purchasers in the United States.
Useful life means the period during which the engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as a number of hours of operation or
calendar years, whichever comes first. It is the period during which a
new nonroad engine is required to comply with all applicable emission
standards. See Sec. 1048.101(g).
Variable-speed engine means an engine that is not a constant-speed
engine.
Variable-speed operation means engine operation that does not meet
the definition of constant-speed operation.
Void has the meaning we give in 40 CFR 1068.30.
Volatile liquid fuel means any fuel other than diesel or biodiesel
that is a liquid at atmospheric pressure and has a Reid Vapor Pressure
higher than 2.0 pounds per square inch.
Wide-open throttle means maximum throttle opening. Unless this is
specified at a given speed, it refers to maximum throttle opening at
maximum speed. For electronically controlled or other engines with
multiple possible fueling rates, wide-open throttle also means the
maximum fueling rate at maximum throttle opening under test conditions.
We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
193. Section 1048.805 is amended by adding ``NIST'' to the table in
alphabetical order to read as follows:
Sec. 1048.805 What symbols, acronyms, and abbreviations does this
part use?
* * * * *
NIST National Institute of Standards and Technology.
194. Section 1048.810 is amended by revising the introductory text
and paragraphs (a) and (b) to read as follows:
Sec. 1048.810 What materials does this part reference?
Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information
[[Page 54907]]
Center, 1301 Constitution Ave., NW., Room B102, EPA West Building,
Washington, DC 20460 or at the National Archives and Records
Administration (NARA). For information on the availability of 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) NIST material. Table 1 of this section lists material from the
National Institute of Standards and Technology that we have been
incorporated by reference. The first column lists the number and name
of the material. The second column lists the sections of this part
where we reference it. Anyone may purchase copies of these materials
from the Government Printing Office, Washington, DC 20402 or download
them from the Internet at http://physics.nist.gov/Pubs/SP811/. Table 1
follows:
Table 1 of Sec. 1048.810.--NIST Materials
------------------------------------------------------------------------
Part 1048
Document number and name reference
------------------------------------------------------------------------
NIST Special Publication 811, Guide for the Use of the 1048.801
International System of Units (SI), 1995 Edition..........
------------------------------------------------------------------------
(b) SAE material. Table 2 of this section lists material from the
Society of Automotive Engineering that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096.
Table 2 follows:
Table 2 of Sec. 1048.810.--SAE Materials
------------------------------------------------------------------------
Part 1048
Document number and name reference
------------------------------------------------------------------------
SAE J1930, Electrical/Electronic Systems Diagnostic Terms, 1048.135
Definitions, Abbreviations, and Acronyms, revised May
1998......................................................
SAE J2260, Nonmetallic Fuel System Tubing with One or More 1048.105
Layers, November 1996.....................................
------------------------------------------------------------------------
* * * * *
195. Section 1048.815 is revised to read as follows:
Sec. 1048.815 What provisions apply to confidential information?
(a) Clearly show what you consider confidential by marking,
circling, bracketing, stamping, or some other method.
(b) We will store your confidential information as described in 40
CFR part 2. Also, we will disclose it only as specified in 40 CFR part
2. This applies both to any information you send us and to any
information we collect from inspections, audits, or other site visits.
(c) If you send us a second copy without the confidential
information, we will assume it contains nothing confidential whenever
we need to release information from it.
(d) If you send us information without claiming it is confidential,
we may make it available to the public without further notice to you,
as described in 40 CFR 2.204.
196. Section 1048.820 is revised to read as follows:
Sec. 1048.820 How do I request a hearing?
(a) You may request a hearing under certain circumstances, as
described elsewhere in this part. To do this, you must file a written
request, including a description of your objection and any supporting
data, within 30 days after we make a decision.
(b) For a hearing you request under the provisions of this part, we
will approve your request if we find that your request raises a
substantial factual issue.
(c) If we agree to hold a hearing, we will use the procedures
specified in 40 CFR part 1068, subpart G.
PART 1051--CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND
VEHICLES
197. The authority citation for part 1051 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
198. The heading for subpart A is revised to read as follows:
Subpart A--Overview and Applicability
199. Section 1051.1 is revised to read as follows:
Sec. 1051.1 Does this part apply for my vehicles or engines?
(a) The regulations in this part 1051 apply for all the following
new recreational vehicles or new engines used in the following
recreational vehicles, except as provided in Sec. 1051.5:
(1) Snowmobiles.
(2) Off-highway motorcycles.
(3) All-terrain vehicles (ATVs).
(4) Offroad utility vehicles with engines with displacement less
than or equal to 1000 cc, maximum engine power less than or equal to 30
kW, and maximum vehicle speed of 25 miles per hour or higher. Offroad
utility vehicles that are subject to this part are subject to the same
requirements as ATVs. This means that any requirement that applies to
ATVs also applies to these offroad utility vehicles, without regard to
whether the regulatory language mentions offroad utility vehicles.
(b) In certain cases, the regulations in this part 1051 apply to
new engines under 50 cc used in motorcycles that are motor vehicles.
See 40 CFR 86.447-2006 or 86.448-2006 for provisions related to this
allowance.
(c) This part 1051 applies for new recreational vehicles starting
in the 2006 model year, except as described in subpart B of this part.
You need not follow this part for vehicles you produce before the 2006
model year, unless you certify voluntarily. See Sec. Sec. 1051.103
through 1051.110, Sec. 1051.145, and the definition of ``model year''
in Sec. 1051.801 for more information about the timing of the
requirements.
(d) The requirements of this part begin to apply when a vehicle is
new. See the definition of ``new'' in Sec. 1051.801 for more
information. In some cases, vehicles or engines that have been
previously used may be considered ``new'' for the purposes of this
part.
(e) The evaporative emission requirements of this part apply to
highway motorcycles, as specified in 40 CFR part 86, subpart E.
200. Section 1051.5 is revised to read as follows:
Sec. 1051.5 Which engines are excluded from this part's requirements?
(a) You may exclude vehicles with compression-ignition engines. See
40 CFR part 89 for regulations that cover these engines.
(b) We may require you to label an engine or vehicle (or both) if
this section excludes it and other requirements in this chapter do not
apply.
201. Section 1051.10 is revised to read as follows:
Sec. 1051.10 How is this part organized?
The regulations in this part 1051 contain provisions that affect
both vehicle manufacturers and others. However, the requirements of
this part are generally addressed to the vehicle manufacturer. The term
``you'' generally means the vehicle manufacturer, as defined in Sec.
1051.801. This part 1051 is divided into the following subparts:
(a) Subpart A of this part defines the applicability of part 1051
and gives an overview of regulatory requirements.
[[Page 54908]]
(b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify engines under this part.
Note that Sec. 1051.145 discusses certain interim requirements and
compliance provisions that apply only for a limited time.
(c) Subpart C of this part describes how to apply for a certificate
of conformity.
(d) Subpart D of this part describes general provisions for testing
production-line engines.
(e) [Reserved]
(f) Subpart F of this part describes how to test your engines
(including references to other parts of the Code of Federal
Regulations).
(g) Subpart G of this part and 40 CFR part 1068 describe
requirements, prohibitions, and other provisions that apply to engine
manufacturers, equipment manufacturers, owners, operators, rebuilders,
and all others.
(h) Subpart H of this part describes how you may generate and use
emission credits to certify your engines.
(i) Subpart I of this part contains definitions and other reference
information.
202. Section 1051.15 is revised to read as follows:
Sec. 1051.15 Do any other regulation parts apply to me?
(a) Parts 86 and 1065 of this chapter describe procedures and
equipment specifications for testing vehicles and engines. Subpart F of
this part 1051 describes how to apply the provisions of parts 86 and
1065 of this chapter to determine whether vehicles meet the emission
standards in this part.
(b) The requirements and prohibitions of part 1068 of this chapter
apply to everyone, including anyone who manufactures, imports,
installs, owns, operates, or rebuilds any of the vehicles subject to
this part 1051, or vehicles containing these engines. Part 1068 of this
chapter describes general provisions, including these seven areas:
(1) Prohibited acts and penalties for manufacturers and others.
(2) Rebuilding and other aftermarket changes.
(3) Exclusions and exemptions for certain vehicles and engines.
(4) Importing vehicles and engines.
(5) Selective enforcement audits of your production.
(6) Defect reporting and recall.
(7) Procedures for hearings.
(c) Other parts of this chapter apply if referenced in this part.
203. Section 1051.101 is amended by revising paragraphs (a)(1),
(a)(2), (c), and (f) to read as follows:
Sec. 1051.101 What emission standards and other requirements must my
vehicles meet?
(a) * * *
(1) The applicable exhaust emission standards in Sec. 1051.103,
Sec. 1051.105, Sec. 1051.107, or Sec. 1051.145.
(i) For snowmobiles, see Sec. 1051.103.
(ii) For off-highway motorcycles, see Sec. 1051.105.
(iii) For all-terrain vehicles and offroad utility vehicles subject
to this part, see Sec. 1051.107 and Sec. 1051.145.
(2) The evaporative emission standards in Sec. 1051.110.
* * * * *
(c) These standards and requirements apply to all testing,
including certification, production-line, and in-use testing.
* * * * *
(f) As described in Sec. 1051.1(a)(4), offroad utility vehicles
that are subject to this part are subject to the same requirements as
ATVs.
204. Section 1051.103 is amended by revising paragraph (a)(1)
before the table and paragraphs (b) introductory text and (c)
introductory text to read as follows:
Sec. 1051.103 What are the exhaust emission standards for
snowmobiles?
(a) * * *
(1) Follow Table 1 of this section for exhaust emission standards.
You may generate or use emission credits under the averaging, banking,
and trading (ABT) program, as described in subpart H of this part. This
requires that you specify a family emission limit for each pollutant
you include in the ABT program for each engine family. These family
emission limits serve as the emission standards for the engine family
with respect to all required testing instead of the standards specified
in this section. An engine family meets emission standards even if its
family emission limit is higher than the standard, as long as you show
that the whole averaging set of applicable engine families meet the
applicable emission standards using emission credits, and the vehicles
within the family meet the family emission limit. Table 1 also shows
the maximum value you may specify for a family emission limit, as
follows:
* * * * *
(b) The exhaust emission standards in this section apply for
snowmobiles using the fuel type on which they are designed to operate.
You must meet the numerical emission standards for hydrocarbons in this
section based on the following types of hydrocarbon emissions for
snowmobiles powered by the following fuels:
* * * * *
(c) Your snowmobiles must meet emission standards over their full
useful life. The minimum useful life is 8,000 kilometers, 400 hours of
engine operation, or five calendar years, whichever comes first. You
must specify a longer useful life in terms of kilometers and hours for
the engine family if the average service life of your vehicles is
longer than the minimum value, as follows:
* * * * *
205. Section 1051.105 is amended by revising paragraph (a)(1)
before the table and paragraphs (a)(3), (b) introductory text, and (c)
introductory text to read as follows:
Sec. 1051.105 What are the exhaust emission standards for off-highway
motorcycles?
(a) * * *
(1) Follow Table 1 of this section for exhaust emission standards.
You may generate or use emission credits under the averaging, banking,
and trading (ABT) program for HC+NOX and/or CO emissions, as
described in subpart H of this part. This requires that you specify a
family emission limit for each pollutant you include in the ABT program
for each engine family. These family emission limits serve as the
emission standards for the engine family with respect to all required
testing instead of the standards specified in this section. An engine
family meets emission standards even if its family emission limit is
higher than the standard, as long as you show that the whole averaging
set of applicable engine families meet the applicable emission
standards using emission credits, and the vehicles within the family
meet the family emission limit. The phase-in values specify the
percentage of your U.S.-directed production that must comply with the
emission standards for those model years. Calculate this compliance
percentage based on a simple count of production units within the
engine family. Table 1 follows:
* * * * *
(3) You may certify off-highway motorcycles with engines that have
total displacement of 70 cc or less to the exhaust emission standards
in Sec. 1051.615 instead of certifying them to the exhaust emission
standards of this section. Count all such vehicles in the phase-in
(percent) requirements of this section.
(b) The exhaust emission standards in this section apply for off-
highway motorcycles using the fuel type on which they are designed to
operate. You must meet the numerical emission standards for
hydrocarbons in this section based on the following types of
hydrocarbon emissions for off-highway
[[Page 54909]]
motorcycles powered by the following fuels:
* * * * *
(c) Your off-highway motorcycles must meet emission standards over
their full useful life. For off-highway motorcycles with engines that
have total displacement greater than 70 cc, the minimum useful life is
10,000 kilometers or five years, whichever comes first. For off-highway
motorcycles with engines that have total displacement of 70 cc or less,
the minimum useful life is 5,000 kilometers or five years, whichever
comes first. You must specify a longer useful life for the engine
family in terms of kilometers if the average service life of your
vehicles is longer than the minimum value, as follows:
* * * * *
206. Section 1051.107 is amended by revising paragraphs (a), (b)
introductory text, and (c) introductory text to read as follows:
Sec. 1051.107 What are the exhaust emission standards for all-terrain
vehicles (ATVs) and offroad utility vehicles?
* * * * *
(a) Apply the exhaust emission standards in this section by model
year. Measure emissions with the ATV test procedures in subpart F of
this part.
(1) Follow Table 1 of this section for exhaust emission standards.
You may generate or use emission credits under the averaging, banking,
and trading (ABT) program for HC+NOX emissions, as described
in subpart H of this part. This requires that you specify a family
emission limit for each pollutant you include in the ABT program for
each engine family. These family emission limits serve as the emission
standards for the engine family with respect to all required testing
instead of the standards specified in this section. An engine family
meets emission standards even if its family emission limit is higher
than the standard, as long as you show that the whole averaging set of
applicable engine families meet the applicable emission standards using
emission credits, and the vehicles within the family meet the family
emission limit. Table 1 also shows the maximum value you may specify
for a family emission limit. The phase-in values in the table specify
the percentage of your total U.S.-directed production that must comply
with the emission standards for those model years. Calculate this
compliance percentage based on a simple count of production units
within the engine family. This applies to your total production of ATVs
and offroad utility vehicles that are subject to the standards of this
part; including both ATVs and offroad utility vehicles subject to the
standards of this section and ATVs and offroad utility vehicles
certified to the standards of other sections in this part 1051 (such as
Sec. 1051.615, but not including vehicles certified under other parts
in this chapter (such as 40 CFR part 90). Table 1 follows:
Table 1 of Sec. 1051.107.--Exhaust Emission Standards for ATVs (g/km)
----------------------------------------------------------------------------------------------------------------
Emission standards Maximum allowable family
Phase-in -------------------------- emission limits
Phase Model year (percent) -------------------------
HC+NOX CO HC+NOX CO
----------------------------------------------------------------------------------------------------------------
Phase 1...................... 2006............ 50 1.5 35 20.0 ...........
2007 and later.. 100 1.5 35 20.0
----------------------------------------------------------------------------------------------------------------
(2) You may certify ATVs with engines that have total displacement
of less than 100 cc to the exhaust emission standards in Sec. 1051.615
instead of certifying them to the exhaust emission standards of this
section. Count all such vehicles in the phase-in (percent) requirements
of this section.
(b) The exhaust emission standards in this section apply for ATVs
using the fuel type on which they are designed to operate. You must
meet the numerical emission standards for hydrocarbons in this section
based on the following types of hydrocarbon emissions for ATVs powered
by the following fuels:
* * * * *
(c) Your ATVs must meet emission standards over their full useful
life (Sec. 1051.240 describes how to use deterioration factors to show
this). For ATVs with engines that have total displacement of 100 cc or
greater, the minimum useful life is 10,000 kilometers, 1000 hours of
engine operation, or five years, whichever comes first. For ATVs with
engines that have total displacement of less than 100 cc, the minimum
useful life is 5,000 kilometers, 500 hours of engine operation, or five
years, whichever comes first. You must specify a longer useful life for
the engine family in terms of kilometers and hours if the average
service life of your vehicles is longer than the minimum value, as
follows:
* * * * *
207. Section 1051.110 is amended by revising paragraph (a) to read
as follows:
Sec. 1051.110 What evaporative emission standards must my vehicles
meet?
* * * * *
(a) Beginning with the 2008 model year, permeation emissions from
your vehicle's fuel tank(s) may not exceed 1.5 grams per square-meter
per day when measured with the test procedures for tank permeation in
subpart F of this part. You may generate or use emission credits under
the averaging, banking, and trading (ABT) program, as described in
subpart H of this part.
* * * * *
208. Section 1051.115 is amended by removing and reserving
paragraph (b) and revising paragraphs (a), (c), and (f) to read as
follows:
Sec. 1051.115 What other requirements must my vehicles meet?
* * * * *
(a) Closed crankcase. Crankcase emissions may not be discharged
directly into the ambient atmosphere from any vehicle.
* * * * *
(c) Adjustable parameters. Vehicles that have adjustable parameters
must meet all the requirements of this part for any adjustment in the
physically adjustable range. Note that parameters that control the air-
fuel ratio may be treated separately under paragraph (d) of this
section. An operating parameter is not considered adjustable if you
permanently seal it or if it is not normally accessible using ordinary
tools. We may require that you set adjustable parameters to any
specification within the adjustable range during any testing, including
certification testing, production-line testing, or in-use testing.
* * * * *
(f) Defeat devices. You may not equip your vehicles with a defeat
device. A defeat device is an auxiliary emission-control device that
reduces the effectiveness of emission controls under conditions that
the vehicle may reasonably be expected to encounter during normal
operation and use. This
[[Page 54910]]
does not apply to auxiliary emission-control devices you identify in
your certification application if any of the following is true:
(1) The conditions of concern were substantially included in the
applicable test procedures described in subpart F of this part.
(2) You show your design is necessary to prevent vehicle damage or
accidents.
(3) The reduced effectiveness applies only to starting the engine.
* * * * *
209. Section 1051.120 is revised to read as follows:
Sec. 1051.120 What emission-related warranty requirements apply to
me?
(a) General requirements. You must warrant to the ultimate
purchaser and each subsequent purchaser that the new engine, including
all parts of its emission-control system, meets two conditions:
(1) It is designed, built, and equipped so it conforms at the time
of sale to the ultimate purchaser with the requirements of this part.
(2) It is free from defects in materials and workmanship that may
keep it from meeting these requirements.
(b) Warranty period. Your emission-related warranty must be valid
for at least 50 percent of the vehicle's minimum useful life in
kilometers or hours of engine operation (where applicable), or at least
30 months, whichever comes first. You may offer an emission-related
warranty more generous than we require. The emission-related warranty
for the engine may not be shorter than any published warranty you offer
without charge for the engine. Similarly, the emission-related warranty
for any component may not be shorter than any published warranty you
offer without charge for that component. If you provide an extended
warranty to individual owners for any components covered in paragraph
(c) of this section for an additional charge, your emission-related
warranty must cover those components for those owners to the same
degree. If a vehicle has no odometer, base warranty periods in this
paragraph (b) only on the vehicle's age (in years). The warranty period
begins when the engine is placed into service.
(c) Components covered. The emission-related warranty covers all
components whose failure would increase an engine's emissions of any
pollutant. This includes components listed in 40 CFR part 1068,
Appendix I, and components from any other system you develop to control
emissions. The emission-related warranty covers these components even
if another company produces the component. Your emission-related
warranty does not cover components whose failure would not increase an
engine's emissions of any pollutant.
(d) Limited applicability. You may deny warranty claims under this
section if the operator caused the problem through improper maintenance
or use, as described in 40 CFR 1068.115. You may ask us to allow you to
exclude from your emission-related warranty certified vehicles that
have been used significantly for competition, especially certified
motorcycles that meet at least four of the criteria in Sec.
1051.620(b)(1).
(e) Owners manual. Describe in the owners manual the emission-
related warranty provisions from this section that apply to the engine.
210. Section 1051.125 is revised to read as follows:
Sec. 1051.125 What maintenance instructions must I give to buyers?
Give the ultimate purchaser of each new vehicle written
instructions for properly maintaining and using the vehicle, including
the emission-control system. The maintenance instructions also apply to
service accumulation on your emission-data vehicles, as described in
Sec. 1051.240, Sec. 1051.245, and 40 CFR part 1065.
(a) Critical emission-related maintenance. Critical emission-
related maintenance includes any adjustment, cleaning, repair, or
replacement of critical emission-related components. This may also
include additional emission-related maintenance that you determine is
critical if we approve it in advance. You may schedule critical
emission-related maintenance on these components if you meet the
following conditions:
(1) You demonstrate that the maintenance is reasonably likely to be
done at the recommended intervals on in-use vehicles. We will accept
scheduled maintenance as reasonably likely to occur if you satisfy any
of the following conditions:
(i) You present data showing that, if a lack of maintenance
increases emissions, it also unacceptably degrades the vehicle's
performance.
(ii) You present survey data showing that at least 80 percent of
vehicles in the field get the maintenance you specify at the
recommended intervals.
(iii) You provide the maintenance free of charge and clearly say so
in maintenance instructions for the customer.
(iv) You otherwise show us that the maintenance is reasonably
likely to be done at the recommended intervals.
(2) You may not schedule critical emission-related maintenance
within the minimum useful life period for aftertreatment devices,
pulse-air valves, fuel injectors, oxygen sensors, electronic control
units, superchargers, or turbochargers.
(b) Recommended additional maintenance. You may recommend any
additional amount of maintenance on the components listed in paragraph
(a) of this section, as long as you state clearly that these
maintenance steps are not necessary to keep the emission-related
warranty valid. If operators do the maintenance specified in paragraph
(a) of this section, but not the recommended additional maintenance,
this does not allow you to disqualify those vehicles from in-use
testing or deny a warranty claim. Do not take these maintenance steps
during service accumulation on your emission-data vehicles.
(c) Special maintenance. You may specify more frequent maintenance
to address problems related to special situations, such as atypical
vehicle operation. You must clearly state that this additional
maintenance is associated with the special situation you are
addressing.
(d) Noncritical emission-related maintenance. You may schedule any
amount of emission-related inspection or maintenance that is not
covered by paragraph (a) of this section, as long as you state in the
owners manual that these steps are not necessary to keep the emission-
related warranty valid. If operators fail to do this maintenance, this
does not allow you to disqualify those vehicles from in-use testing or
deny a warranty claim. Do not take these inspection or maintenance
steps during service accumulation on your emission-data vehicles.
(e) Maintenance that is not emission-related. For maintenance
unrelated to emission controls, you may schedule any amount of
inspection or maintenance. You may also take these inspection or
maintenance steps during service accumulation on your emission-data
vehicles, as long as they are reasonable and technologically necessary.
This might include adding engine oil, or adjusting chain tension,
clutch position, or tire pressure. You may perform this nonemission-
related maintenance on emission-data vehicles at the least frequent
intervals that you recommend to the ultimate purchaser (but not the
intervals recommended for severe service).
(f) Source of parts and repairs. State clearly on the first page of
your written maintenance instructions that a repair shop or person of
the owner's choosing may maintain, replace, or repair emission-control
devices and systems.
[[Page 54911]]
Your instructions may not require components or service identified by
brand, trade, or corporate name. Also, do not directly or indirectly
condition your warranty on a requirement that the vehicle be serviced
by your franchised dealers or any other service establishments with
which you have a commercial relationship. You may disregard the
requirements in this paragraph (f) if you do one of two things:
(1) Provide a component or service without charge under the
purchase agreement.
(2) Get us to waive this prohibition in the public's interest by
convincing us the vehicle will work properly only with the identified
component or service.
(g) Payment for scheduled maintenance. Owners are responsible for
properly maintaining their vehicles. This generally includes paying for
scheduled maintenance. However, manufacturers must pay for scheduled
maintenance during the useful life if it meets all the following
criteria:
(1) Each affected component was not in general use on similar
vehicles before the 2006 model year.
(2) The primary function of each affected component is to reduce
emissions.
(3) The cost of the scheduled maintenance is more than 2 percent of
the price of the vehicle.
(4) Failure to perform the maintenance would not cause clear
problems that would significantly degrade the vehicle's performance.
(h) Owners manual. Explain the owner's responsibility for proper
maintenance in the owners manual.
211. Section 1051.130 is revised to read as follows:
Sec. 1051.130 What installation instructions must I give to vehicle
manufacturers?
(a) If you sell an engine for someone else to install in a piece of
nonroad equipment, give the engine installer instructions for
installing it consistent with the requirements of this part. Include
all information necessary to ensure that an engine will be installed in
its certified configuration.
(b) Make sure these instructions have the following information:
(1) Include the heading: ``Emission-related installation
instructions''.
(2) State: ``Failing to follow these instructions when installing a
certified engine in a piece of nonroad equipment violates federal law
(40 CFR 1068.105(b)), subject to fines or other penalties as described
in the Clean Air Act.''.
(3) Describe the instructions needed to properly install the
exhaust system and any other components. Include instructions
consistent with the requirements of Sec. 1051.205(r).
(4) Describe the steps needed to comply with the evaporative
emission standards in Sec. 1051.110.
(5) Describe any limits on the range of applications needed to
ensure that the engine operates consistently with your application for
certification. For example, if your engines are certified only to the
snowmobile standards, tell vehicle manufacturers not to install the
engines in other vehicles.
(6) Describe any other instructions to make sure the installed
engine will operate according to design specifications in your
application for certification. This may include, for example,
instructions for installing aftertreatment devices when installing the
engines.
(7) State: ``If you install the engine in a way that makes the
engine's emission control information label hard to read during normal
engine maintenance, you must place a duplicate label on the vehicle, as
described in 40 CFR 1068.105.''.
(c) You do not need installation instructions for engines you
install in your own vehicles.
(d) Provide instructions in writing or in an equivalent format. For
example, you may post instructions on a publicly available website for
downloading or printing. If you do not provide the instructions in
writing, explain in your application for certification how you will
ensure that each installer is informed of the installation
requirements.
212. Section 1051.135 is revised to read as follows:
Sec. 1051.135 How must I label and identify the vehicles I produce?
Each of your vehicles must have three labels: a vehicle
identification number as described in paragraph (a) of this section, an
emission control information label as described in paragraphs (b)
through (e) of this section, and a consumer information label as
described in paragraph (g) of this section.
(a) Assign each vehicle a unique identification number and
permanently affix, engrave, or stamp it on the vehicle in a legible
way.
(b) At the time of manufacture, affix a permanent and legible
emission control information label identifying each vehicle. The label
must be--
(1) Attached so it is not removable without being destroyed or
defaced.
(2) Secured to a part of the vehicle (or engine) needed for normal
operation and not normally requiring replacement.
(3) Durable and readable for the vehicle's entire life.
(4) Written in English.
(c) The label must--
(1) Include the heading ``EMISSION CONTROL INFORMATION''.
(2) Include your full corporate name and trademark. You may
identify another company and use its trademark instead of yours if you
comply with the provisions of Sec. 1051.645.
(3) Include EPA's standardized designation for the exhaust and
evaporative engine families, as described in Sec. 1051.230.
(4) State the engine's displacement (in liters) and maximum engine
power. You may omit this from the emission control information label if
the vehicle is permanently labeled with a unique model name that
corresponds to a specific displacement or power configuration. Also,
you may omit displacement from the label if all the engines in the
engine family have the same per-cylinder displacement and total
displacement.
(5) State: ``THIS VEHICLE IS CERTIFIED TO OPERATE ON [specify
operating fuel or fuels].''.
(6) State the date of manufacture [MONTH and YEAR]. You may omit
this from the label if you keep a record of the engine-manufacture
dates and provide it to us upon request, or if you stamp the date on
the engine and print it in the owners manual.
(7) State the exhaust emission standards or FELs to which the
vehicles are certified.
(8) Identify the emission-control system. Use terms and
abbreviations consistent with SAE J1930 (incorporated by reference in
Sec. 1051.810). You may omit this information from the label if there
is not enough room for it and you put it in the owners manual instead.
(9) List specifications and adjustments for engine tuneups; show
the proper position for the transmission during tuneup and state which
accessories should be operating.
(10) Identify any requirements for fuel and lubricants. You may
omit this information from the label if there is not enough room for it
and you put it in the owners manual instead.
(11) State the useful life for your engine family if it is
different than the minimum value.
(12) State: ``THIS VEHICLE MEETS U.S. EPA REGULATIONS FOR [MODEL
YEAR] [SNOWMOBILES or OFF-ROAD MOTORCYCLES or ATVs or OFFROAD UTILITY
VEHICLES].''.
(d) You may add information to the emission control information
label to identify other emission standards that the vehicle meets or
does not meet (such as California standards). You may also add other
information to ensure that the
[[Page 54912]]
engine will be properly maintained and used.
(e) You may ask us to approve modified labeling requirements in
this part 1051 if you show that it is necessary or appropriate. We will
approve your request if your alternate label is consistent with the
requirements of this part.
(f) If you obscure the engine label while installing the engine in
the equipment, you must place a duplicate label on the equipment. If
others install your engine in their equipment in a way that obscures
the engine label, we require them to add a duplicate label on the
equipment (see 40 CFR 1068.105); in that case, give them the number of
duplicate labels they request and keep the following records for at
least five years:
(1) Written documentation of the request from the equipment
manufacturer.
(2) The number of duplicate labels you send and the date you sent
them.
(g) Label every vehicle certified under this part with a removable
hang-tag showing its emission characteristics relative to other models.
The label should be attached securely to the vehicle before it is
offered for sale in such a manner that it would not be accidentally
removed prior to sale. Use the applicable equations of this paragraph
(g) to determine the normalized emission rate (NER) from the FEL for
your vehicle. If the vehicle is certified without using the averaging
provisions of subpart H, use the final deteriorated emission level.
Round the resulting normalized emission rate for your vehicle to one
decimal place. We may specify a standardized format for labels. At a
minimum, the tag should include: the manufacturer's name, vehicle model
name, engine description (500 cc two-stroke with DFI), the NER, and a
brief explanation of the scale (for example, note that 0 is the
cleanest and 10 is the least clean).
(1) For snowmobiles, use the following equation:
NER = 16.61 x log(2.667 x HC + CO) - 38.22
Where:
HC and CO are the cycle-weighted FELs (or emission rates) for
hydrocarbons and carbon monoxide in g/kW-hr.
(2)(i) For off-highway motorcycles certified to the standards in
Sec. 1051.105, use the equations specified below.
(A) If the vehicle has HC + NOX emissions less than or
equal to 2.0 g/km, use the following equation:
NER = 2.500 x (HC + NOX)
Where:
HC + NOX is the FEL (or the sum of the cycle-weighted
emission rates) for hydrocarbons and oxides of nitrogen in g/km.
(B) If the vehicle has HC + NOX emissions greater than
2.0 g/km, use the following equation:
NER = 5.000 x log(HC + NOX) + 3.495
Where:
HC + NOX is the FEL (or the sum of the cycle-weighted
emission rates) for hydrocarbons and oxides of nitrogen in g/km.
(ii) For off-highway motorcycles certified to the standards in
Sec. 1051.615(b), use the following equation:
NER = 8.782 x log(HC + NOX) - 5.598
Where:
HC + NOX is the FEL (or the sum of the cycle-weighted
emission rates) for hydrocarbons and oxides of nitrogen in g/kW-hr.
(3)(i) For ATVs certified to the standards in Sec. 1051.107, use
the equations specified below.
(A) If the vehicle has HC + NOX emissions less than or
equal to 1.5 g/km, use the following equation:
NER = 3.333 x (HC + NOX)
Where:
HC + NOX is the FEL (or the sum of the cycle-weighted
emission rates) for hydrocarbons and oxides of nitrogen in g/km.
(B) If the vehicle has HC + NOX emissions greater than
1.5 g/km, use the following equation:
NER = 4.444 x log(HC + NOX) + 4.217
Where:
HC + NOX is the FEL (or the sum of the cycle-weighted
emission rates) for hydrocarbons and oxides of nitrogen in g/km.
(ii) For ATVs certified to the standards in Sec. 1051.615(a), use
the following equation:
NER = 8.782 x log(HC + NOX) - 7.277
Where:
HC + NOX is the FEL (or the sum of the cycle-weighted
emission rates) for hydrocarbons and oxides of nitrogen in g/kW-hr.
213. Section 1051.145 is amended by removing and reserving
paragraph (c), adding paragraphs (a)(3)(v) and (a)(3)(vi), and revising
paragraphs (b)(3) and (e) to read as follows:
Sec. 1051.145 What provisions apply only for a limited time?
* * * * *
(a) * * *
(3) * * *
(v) If your engines do not meet the criteria listed in paragraph
(a) of this section, they will be subject to the provisions of this
part. Introducing these engines into commerce without a valid exemption
or certificate of conformity violates the prohibitions in 40 CFR
1068.101.
(vi) Engines exempted under this paragraph (a)(3) are subject to
all the requirements affecting engines under 40 CFR part 90. The
requirements and restrictions of 40 CFR part 90 apply to anyone
manufacturing these engines, anyone manufacturing equipment that uses
these engines, and all other persons in the same manner as other
engines subject to 40 CFR part 90.
* * * * *
(b) * * *
(3) For ATVs certified to the standards in this paragraph (b), use
the following equations to determine the normalized emission rate
required by Sec. 1051.135(g):
(i) For engines above 225 cc, use the following equation:
NER = 9.898 x log(HC + NOX) - 4.898
Where:
HC + NOX is the sum of the cycle-weighted emission rates
for hydrocarbons and oxides of nitrogen in g/kW-hr.
(ii) For engines below 225 cc, use the following equation:
NER = 9.898 x log((HC + NOX) x 0.83) - 4.898
Where:
HC + NOX is the sum of the cycle-weighted emission rates
for hydrocarbons and oxides of nitrogen in g/kW-hr.
* * * * *
(e) Raw sampling procedures. You may use the raw sampling
procedures described in 40 CFR part 91, subparts D and E, for emission
testing certain vehicles as follows:
(1) Snowmobile. You may use raw sampling for snowmobiles before the
2010 model year. For 2010 and later model years, you may use these
procedures if you show that they produce emission measurements
equivalent to the otherwise specified test procedures.
(2) ATV. You may use raw sampling for ATVs certified to the
standard in Sec. 1051.615 before the 2011 model year. You may use raw
sampling for ATVs certified to the standard in Sec. 1051.107 before
the 2009 model year. For later model years, you may use these
procedures if you show that they produce emission measurements
[[Page 54913]]
equivalent to the otherwise specified test procedures.
* * * * *
214. Section 1051.201 is revised to read as follows:
Sec. 1051.201 What are the general requirements for obtaining a
certificate of conformity?
(a) You must send us a separate application for a certificate of
conformity for each engine family. A certificate of conformity is valid
from the indicated effective date until December 31 of the model year
for which it is issued.
(b) The application must contain all the information required by
this part and must not include false or incomplete statements or
information (see Sec. 1051.255).
(c) We may ask you to include less information than we specify in
this subpart, as long as you maintain all the information required by
Sec. 1051.250.
(d) You must use good engineering judgment for all decisions
related to your application (see 40 CFR 1068.5).
(e) An authorized representative of your company must approve and
sign the application.
(f) See Sec. 1051.255 for provisions describing how we will
process your application.
(g) We may require you to deliver your test vehicles or engines to
a facility we designate for our testing (see Sec. 1051.235(c)).
215. Section 1051.205 is revised to read as follows:
Sec. 1051.205 What must I include in my application?
This section specifies the information that must be in your
application, unless we ask you to include less information under Sec.
1051.201(c). We may require you to provide additional information to
evaluate your application.
(a) Describe the engine family's specifications and other basic
parameters of the vehicle's design and emission controls. List the fuel
type on which your engines are designed to operate (for example,
gasoline, liquefied petroleum gas, methanol, or natural gas). List
vehicle configurations and model names that are included in the engine
family.
(b) Explain how the emission-control system operates. Describe the
evaporative emission controls. Also describe in detail all system
components for controlling exhaust emissions, including all auxiliary-
emission control devices (AECDs) and all fuel-system components you
will install on any production or test vehicle or engine. Identify the
part number of each component you describe. For this paragraph (b),
treat as separate AECDs any devices that modulate or activate
differently from each other. Include all the following:
(1) Give a general overview of the engine, the emission-control
strategies, and all AECDs.
(2) Describe each AECD's general purpose and function.
(3) Identify the parameters that each AECD senses (including
measuring, estimating, calculating, or empirically deriving the
values). Include vehicle-based parameters and state whether you
simulate them during testing with the applicable procedures.
(4) Describe the purpose for sensing each parameter.
(5) Identify the location of each sensor the AECD uses.
(6) Identify the threshold values for the sensed parameters that
activate the AECD.
(7) Describe the parameters that the AECD modulates (controls) in
response to any sensed parameters, including the range of modulation
for each parameter, the relationship between the sensed parameters and
the controlled parameters and how the modulation achieves the AECD's
stated purpose. Use graphs and tables, as necessary.
(8) Describe each AECD's specific calibration details. This may be
in the form of data tables, graphical representations, or some other
description.
(9) Describe the hierarchy among the AECDs when multiple AECDs
sense or modulate the same parameter. Describe whether the strategies
interact in a comparative or additive manner and identify which AECD
takes precedence in responding, if applicable.
(10) Explain the extent to which the AECD is included in the
applicable test procedures specified in subpart F of this part.
(11) Do the following additional things for AECDs designed to
protect engines or vehicles:
(i) Identify the engine and/or vehicle design limits that make
protection necessary and describe any damage that would occur without
the AECD.
(ii) Describe how each sensed parameter relates to the protected
components' design limits or those operating conditions that cause the
need for protection.
(iii) Describe the relationship between the design limits/
parameters being protected and the parameters sensed or calculated as
surrogates for those design limits/parameters, if applicable.
(iv) Describe how the modulation by the AECD prevents engines and/
or equipment from exceeding design limits.
(v) Explain why it is necessary to estimate any parameters instead
of measuring them directly and describe how the AECD calculates the
estimated value, if applicable.
(vi) Describe how you calibrate the AECD modulation to activate
only during conditions related to the stated need to protect components
and only as needed to sufficiently protect those components in a way
that minimizes the emission impact.
(c) [Reserved]
(d) Describe the vehicles or engines you selected for testing and
the reasons for selecting them.
(e) Describe the test equipment and procedures that you used,
including any special or alternate test procedures you used (see Sec.
1051.501).
(f) Describe how you operated the emission-data vehicle before
testing, including the duty cycle and the extent of engine operation
used to stabilize emission levels. Explain why you selected the method
of service accumulation. Describe any scheduled maintenance you did.
(g) List the specifications of the test fuel to show that it falls
within the required ranges we specify in 40 CFR part 1065.
(h) Identify the engine family's useful life.
(i) Include the maintenance instructions you will give to the
ultimate purchaser of each new vehicle (see Sec. 1051.125).
(j) Include the emission-related installation instructions you will
provide if someone else installs your engines in a vehicle (see Sec.
1051.130).
(k) Describe the labels you create to meet the requirements of
Sec. 1051.135.
(l) Identify the exhaust emission standards or FELs to which you
are certifying engines in the engine family.
(m) Identify the engine family's deterioration factors and describe
how you developed them (see Sec. 1051.245). Present any emission test
data you used for this.
(n) State that you operated your emission-data vehicles as
described in the application (including the test procedures, test
parameters, and test fuels) to show you meet the requirements of this
part.
(o) Present emission data to show that you meet emission standards,
as follows:
(1) Present emission data for hydrocarbons (such as NMHC or THCE,
as applicable), NOX, and CO on an emission-data vehicle to
show your vehicles meet the applicable exhaust emission standards we
specify in
[[Page 54914]]
subpart B of this part. Show emission figures before and after applying
deterioration factors for each vehicle or engine. If we specify more
than one grade of any fuel type (for example, a summer grade and winter
grade of gasoline), you need to submit test data only for one grade,
unless the regulations of this part specify otherwise for your engine.
(2) Present evaporative test data for HC to show your vehicles meet
the evaporative emission standards we specify in subpart B of this
part. Show emission figures before and after applying deterioration
factors for each vehicle or engine, where applicable. If you did not
perform the testing, identify the source of the test data.
(3) Note that Sec. 1051.235 and Sec. 1051.245 allow you to submit
an application in certain cases without new emission data.
(p) Report all test results, including those from invalid tests or
from any other tests, whether or not they were conducted according to
the test procedures of subpart F of this part. If you measure
CO2, report those emission levels. We may ask you to send
other information to confirm that your tests were valid under the
requirements of this part and 40 CFR part 1065.
(q) Describe all adjustable operating parameters (see Sec.
1051.115(e)), including production tolerances. Include the following in
your description of each parameter:
(1) The nominal or recommended setting.
(2) The intended physically adjustable range.
(3) The limits or stops used to establish adjustable ranges.
(4) Information showing why the limits, stops, or other means of
inhibiting adjustment are effective in preventing adjustment of
parameters on in-use engines to settings outside your intended
physically adjustable ranges.
(r) Confirm that your emission-related installation instructions
specify how to ensure that sampling of exhaust emissions will be
possible after engines are installed in equipment and placed in
service. If this cannot be done by simply adding a 20-centimeter
extension to the exhaust pipe, show how to sample exhaust emissions in
a way that prevents diluting the exhaust sample with ambient air.
(s) Unconditionally certify that all the vehicles and/or engines in
the engine family comply with the requirements of this part, other
referenced parts of the CFR, and the Clean Air Act.
(t) Include estimates of U.S.-directed production volumes.
(u) Include the information required by other subparts of this
part. For example, include the information required by Sec. 1051.725
if you participate in the ABT program.
(v) Include other applicable information, such as information
specified in this part or part 1068 of this chapter related to requests
for exemptions.
216. Section 1051.210 is revised to read as follows:
Sec. 1051.210 May I get preliminary approval before I complete my
application?
If you send us information before you finish the application, we
will review it and make any appropriate determinations, especially for
questions related to engine family definitions, auxiliary emission-
control devices, deterioration factors, testing for service
accumulation, and maintenance. Decisions made under this section are
considered to be preliminary approval, subject to final review and
approval. If you request preliminary approval related to the upcoming
model year or the model year after that, we will make best-efforts to
make the appropriate determinations as soon as practicable. We will
generally not provide preliminary approval related to a future model
year more than two years ahead of time.
Sec. 1051.215 [Removed]
217. Section 1051.215 is removed.
218. Section 1051.220 is revised to read as follows:
Sec. 1051.220 How do I amend the maintenance instructions in my
application?
You may amend your emission-related maintenance instructions after
you submit your application for certification, as long as the amended
instructions remain consistent with the provisions of Sec. 1051.125.
You must send the Designated Compliance Officer a request to amend your
application for certification for an engine family if you want to
change the emission-related maintenance instructions in a way that
could affect emissions. In your request, describe the proposed changes
to the maintenance instructions. We will disapprove your request if we
determine that the amended instructions are inconsistent with
maintenance you performed on emission-data vehicles.
(a) If you are decreasing the specified maintenance, you may
distribute the new maintenance instructions to your customers 30 days
after we receive your request, unless we disapprove your request. We
may approve a shorter time or waive this requirement.
(b) If your requested change would not decrease the specified
maintenance, you may distribute the new maintenance instructions
anytime after you send your request. For example, this paragraph (b)
would cover adding instructions to increase the frequency of a
maintenance step for engines in severe-duty applications.
(c) You need not request approval if you are making only minor
corrections (such as correcting typographical mistakes), clarifying
your maintenance instructions, or changing instructions for maintenance
unrelated to emission control.
219. Section 1051.225 is revised to read as follows:
Sec. 1051.225 How do I amend my application for certification to
include new or modified vehicles or to change an FEL?
Before we issue you a certificate of conformity, you may amend your
application to include new or modified vehicle configurations, subject
to the provisions of this section. After we have issued your
certificate of conformity, you may send us an amended application
requesting that we include new or modified vehicle configurations
within the scope of the certificate, subject to the provisions of this
section. You must amend your application if any changes occur with
respect to any information included in your application.
(a) You must amend your application before you take any of the
following actions:
(1) Add a vehicle (that is, an additional vehicle configuration) to
an engine family. In this case, the vehicle added must be consistent
with other vehicles in the engine family with respect to the criteria
listed in Sec. 1051.230.
(2) Change a vehicle already included in an engine family in a way
that may affect emissions, or change any of the components you
described in your application for certification. This includes
production and design changes that may affect emissions any time during
the engine's lifetime.
(3) Modify an FEL for an engine family, as described in paragraph
(f) of this section.
(b) To amend your application for certification, send the
Designated Compliance Officer the following information:
(1) Describe in detail the addition or change in the vehicle model
or configuration you intend to make.
(2) Include engineering evaluations or data showing that the
amended engine family complies with all applicable requirements. You
may do this by
[[Page 54915]]
showing that the original emission-data vehicle is still appropriate
with respect to showing compliance of the amended family with all
applicable requirements.
(3) If the original emission-data vehicle for the engine family is
not appropriate to show compliance for the new or modified vehicle,
include new test data showing that the new or modified vehicle meets
the requirements of this part.
(c) We may ask for more test data or engineering evaluations. You
must give us these within 30 days after we request them.
(d) For engine families already covered by a certificate of
conformity, we will determine whether the existing certificate of
conformity covers your new or modified vehicle. You may ask for a
hearing if we deny your request (see Sec. 1051.820).
(e) For engine families already covered by a certificate of
conformity, you may start producing the new or modified vehicle anytime
after you send us your amended application, before we make a decision
under paragraph (d) of this section. However, if we determine that the
affected vehicles do not meet applicable requirements, we will notify
you to cease production of the vehicles and may require you to recall
the vehicles at no expense to the owner. Choosing to produce vehicles
under this paragraph (e) is deemed to be consent to recall all vehicles
that we determine do not meet applicable emission standards or other
requirements and to remedy the nonconformity at no expense to the
owner. If you do not provide information required under paragraph (c)
of this section within 30 days, you must stop producing the new or
modified vehicles.
(f) You may ask to change your FEL in the following cases:
(1) You may ask to raise your FEL after the start of production.
You may not apply the higher FEL to engines you have already introduced
into commerce. Use the appropriate FELs with corresponding sales
volumes to calculate your average emission level, as described in
subpart H of this part. In your request, you must demonstrate that you
will still be able to comply with the applicable average emission
standards as specified in subparts B and H of this part.
(2) You may ask to lower the FEL for your engine family after the
start of production only when you have test data from production
vehicles indicating that your vehicles comply with the lower FEL. You
may create a separate subfamily with the lower FEL. Otherwise, you must
use the higher FEL for the family to calculate your average emission
level under subpart H of this part.
(3) If you change the FEL during production, you must include the
new FEL on the emission control information label for all vehicles
produced after the change.
220. Section 1051.230 is revised to read as follows:
Sec. 1051.230 How do I select engine families?
(a) Divide your product line into families of vehicles that are
expected to have similar emission characteristics throughout the useful
life. Except as specified in paragraph (f) of this section, you must
have separate engine families for meeting exhaust and evaporative
emissions. Your engine families are limited to a single model year.
(b) For exhaust emissions, group vehicles in the same engine family
if they are the same in all the following aspects:
(1) The combustion cycle.
(2) The cooling system (water-cooled vs. air-cooled).
(3) Configuration of the fuel system (for example, port fuel
injection vs. carburetion).
(4) Method of air aspiration.
(5) The number, location, volume, and composition of catalytic
converters.
(6) Type of fuel.
(7) The number, arrangement, and approximate bore diameter of
cylinders.
(8) Numerical level of the emission standards that apply to the
vehicle.
(c) For evaporative emissions, group vehicles in the same engine
family if fuel tanks are the same and fuel lines are the same
considering all the following aspects:
(1) Wall thickness.
(2) Type of material (including additives such as pigments,
plasticizers, and UV inhibitors).
(3) Emission-control strategy.
(d) You may subdivide a group of vehicles that is identical under
paragraph (b) or (c) of this section into different engine families if
you show the expected emission characteristics are different during the
useful life.
(e) You may group vehicles that are not identical with respect to
the things listed in paragraph (b) or (c) of this section in the same
engine family, as follows:
(1) You may group such vehicles in the same engine family if you
show that their emission characteristics during the useful life will be
similar.
(2) If you are a small-volume manufacturer, you may group engines
from any vehicles subject to the same emission standards into a single
engine family. This does not change any of the requirements of this
part for showing that an engine family meets emission standards.
(f) You may divide your product line into engine families based on
a combined consideration of exhaust and evaporative emission-control
systems, consistent with the requirements of this section. This would
allow you to use a single engine-family designation for each engine
family instead of having separate engine-family designations for
exhaust and evaporative emission-control systems for each model.
221. Section 1051.235 is revised to read as follows:
Sec. 1051.235 What emission testing must I perform for my application
for a certificate of conformity?
This section describes the emission testing you must perform to
show compliance with the emission standards in subpart B of this part.
(a) Test your emission-data vehicles using the procedures and
equipment specified in subpart F of this part. Where specifically
required or allowed, test the engine instead of the vehicle. For
evaporative emissions, test the fuel system components separate from
the vehicle.
(b) Select from each engine family an emission-data vehicle, and a
fuel system for each fuel type with a configuration that is most likely
to exceed the emission standards, using good engineering judgment.
Consider the emission levels of all exhaust constituents over the full
useful life of the vehicle.
(c) We may measure emissions from any of your test vehicles or
engines (or any other vehicles or engines from the engine family), as
follows:
(1) We may decide to do the testing at your plant or any other
facility. If we do this, you must deliver the test vehicle or engine to
a test facility we designate. The test vehicle or engine you provide
must include appropriate manifolds, after treatment devices, electronic
control units, and other emission-related components not normally
attached directly to the engine block. If we do the testing at your
plant, you must schedule it as soon as possible and make available the
instruments, personnel, and equipment we need.
(2) If we measure emissions on one of your test vehicles or
engines, the results of that testing become the official emission
results. Unless we later invalidate these data, we may decide not to
consider your data in determining if your engine family meets
applicable requirements.
(3) Before we test one of your vehicles or engines, we may set its
adjustable
[[Page 54916]]
parameters to any point within the physically adjustable ranges (see
Sec. 1051.115(c)).
(4) Before we test one of your vehicles or engines, we may
calibrate it within normal production tolerances for anything we do not
consider an adjustable parameter.
(d) You use previously generated emission data in the following
cases:
(1) You may ask to use emission data from a previous model year
instead of doing new tests, but only if all the following are true:
(i) The engine family from the previous model year differs from the
current engine family only with respect to model year.
(ii) The emission-data vehicle from the previous model year remains
the appropriate emission-data vehicle under paragraph (b) of this
section.
(iii) The data show that the emission-data vehicle would meet all
the requirements that apply to the engine family covered by the
application for certification.
(2) You may submit emission data for equivalent engine families
performed to show compliance with other standards (such as California
standards) instead of doing new tests, but only if the data show that
the test vehicle or engine would meet all of this part's requirements.
(3) You may submit evaporative emission data measured by a fuel
system supplier. We may require you to verify that the testing was
conducted in accordance with the applicable regulations.
(e) We may require you to test a second vehicle or engine of the
same or different configuration in addition to the vehicle or engine
tested under paragraph (b) of this section.
(f) If you use an alternate test procedure under 40 CFR 1065.10 and
later testing shows that such testing does not produce results that are
equivalent to the procedures specified in subpart F of this part, we
may reject data you generated using the alternate procedure.
(g) If you are a small-volume manufacturer, you may certify by
design on the basis of preexisting exhaust emission data for similar
technologies and other relevant information, and in accordance with
good engineering judgment. In those cases, you are not required to test
your vehicles. This is called ``design-certification'' or ``certifying
by design.'' To certify by design, you must show that the technology
used on your engines is sufficiently similar to the previously tested
technology that a person reasonably familiar with emission-control
technology would believe that your engines will comply with the
emission standards.
(h) For fuel tanks that are certified based on permeability
treatments for plastic fuel tanks, you do not need to test each engine
family. However, you must use good engineering judgment to determine
permeation rates for the tanks. This requires that more than one fuel
tank be tested for each set of treatment conditions. You may not use
test data from a given tank for any other tanks that have thinner
walls. You may, however, use test data from a given tank for other
tanks that have thicker walls. This applies to both low-hour (i.e.,
baseline testing) and durability testing. Note that Sec. 1051.245
allows you to use design-based certification instead of generating new
emission data.
222. Section 1051.240 is revised to read as follows:
Sec. 1051.240 How do I demonstrate that my engine family complies
with exhaust emission standards?
(a) For purposes of certification, your engine family is considered
in compliance with the applicable numerical exhaust emission standards
in subpart B of this part if all emission-data vehicles representing
that family have test results showing deteriorated emission levels at
or below these standards. (Note: if you participate in the ABT program
in subpart H of this part, your FELs are considered to be the
applicable emission standards with which you must comply.)
(b) Your engine family is deemed not to comply if any emission-data
vehicle representing that family has test results showing a
deteriorated emission level above an applicable FEL or emission
standard from subpart B of this part for any pollutant.
(c) To compare emission levels from the emission-data vehicle with
the applicable emission standards, apply deterioration factors to the
measured emission levels. Section 1051.243 specifies how to test your
vehicle to develop deterioration factors that represent the
deterioration expected in emissions over your vehicle's full useful
life. Your deterioration factors must take into account any available
data from in-use testing with similar engines. Small-volume
manufacturers may use assigned deterioration factors that we establish.
Apply deterioration factors as follows:
(1) For vehicles that use aftertreatment technology, such as
catalytic converters, use a multiplicative deterioration factor for
exhaust emissions. A multiplicative deterioration factor for a
pollutant is the ratio of exhaust emissions at the end of the useful
life and exhaust emissions at the low-hour test point. In these cases,
adjust the official emission results for each tested vehicle or engine
at the selected test point by multiplying the measured emissions by the
deterioration factor. If the factor is less than one, use one.
Multiplicative deterioration factors must be specified to three
significant figures.
(2) For vehicles that do not use aftertreatment technology, use an
additive deterioration factor for exhaust emissions. An additive
deterioration factor for a pollutant is the difference between exhaust
emissions at the end of the useful life and exhaust emissions at the
low-hour test point. In these cases, adjust the official emission
results for each tested vehicle or engine at the selected test point by
adding the factor to the measured emissions. If the factor is less than
zero, use zero. Additive deterioration factors must be specified to one
more decimal place than the applicable standard.
(d) Collect emission data using measurements to one more decimal
place than the applicable standard. Apply the deterioration factor to
the official emission result, as described in paragraph (c) of this
section, then round the adjusted figure to the same number of decimal
places as the emission standard. Compare the rounded emission levels to
the emission standard for each emission-data vehicle. In the case of
HC+NOX standards, apply the deterioration factor to each
pollutant and then add the results before rounding.
223. A new Sec. 1051.243 is added to read as follows:
Sec. 1051.243 How do I determine deterioration factors from exhaust
durability testing?
Establish deterioration factors to determine whether your engines
will meet emission standards for each pollutant throughout the useful
life, as described in subpart B of this part and Sec. 1051.240. This
section describes how to determine deterioration factors, either with
pre-existing test data or with new emission measurements.
(a) You may ask us to approve deterioration factors for an engine
family based on emission measurements from similar vehicles or engines
if you have already given us these data for certifying other vehicles
in the same or earlier model years. Use good engineering judgment to
decide whether the two vehicles or engines are similar. We will approve
your request if you show us that the emission measurements from other
vehicles or engines reasonably represent in-use
[[Page 54917]]
deterioration for the engine family for which you have not yet
determined deterioration factors.
(b) If you are unable to determine deterioration factors for an
engine family under paragraph (a) of this section, select vehicles,
engines, subsystems, or components for testing. Determine deterioration
factors based on service accumulation and related testing to represent
the deterioration expected from in-use vehicles over the full useful
life, as follows:
(1) You must measure emissions from the emission-data vehicle at a
low-hour test point and the end of the useful life. You may also test
at intermediate points.
(2) Operate the vehicle or engine over a representative duty cycle
for a period at least as long as the useful life (in hours or
kilometers). You may operate the vehicle or engine continuously.
(3) You may perform maintenance on emission-data vehicles as
described in Sec. 1051.125 and 40 CFR part 1065, subpart E.
(4) Use a linear least-squares fit of your test data for each
pollutant to calculate your deterioration factor.
(5) Use good engineering judgment for all aspects of the effort to
establish deterioration factors under this paragraph (b).
(6) You may use other testing methods to determine deterioration
factors, consistent with good engineering judgment.
(c) Include the following information in your application for
certification:
(1) If you use test data from a different engine family, explain
why this is appropriate and include all the emission measurements on
which you base the deterioration factor.
(2) If you do testing to determine deterioration factors, describe
the form and extent of service accumulation, including a rationale for
selecting the service-accumulation period and the method you use to
accumulate hours.
224. Section 1051.245 is amended by revising paragraphs (a)
introductory text, (b), (c), and (d) to read as follows:
Sec. 1051.245 How do I demonstrate that my engine family complies
with evaporative emission standards?
(a) For purposes of certification, your engine family is considered
in compliance with the evaporative emission standards in subpart B of
this part if you do either of the following:
* * * * *
(b) Your engine family is deemed not to comply if any fuel tank or
fuel line representing that family has test results showing a
deteriorated emission level above the standard.
(c) To compare emission levels with the emission standards, apply
deterioration factors to the measured emission levels. For permeation
emissions, use the following procedures to establish an additive
deterioration factor, as described in Sec. 1051.240(c)(2):
(1) Section 1051.515 specifies how to test your fuel tanks to
develop deterioration factors. Small-volume manufacturers may use
assigned deterioration factors that we establish. Apply the
deterioration factors as follows:
(i) Calculate the deterioration factor from emission tests
performed before and after the durability tests as described in Sec.
1051.515(c) and (d), using good engineering judgment. The durability
tests described in Sec. 1051.515(d) represent the minimum requirements
for determining a deterioration factor. You may not use a deterioration
factor that is less than the difference between evaporative emissions
before and after the durability tests as described in Sec. 1051.515(c)
and (d).
(ii) Do not apply the deterioration factor to test results for
tanks that have already undergone these durability tests.
(2) Determine the deterioration factor for fuel lines using good
engineering judgment.
(d) Collect emission data using measurements to one more decimal
place than the applicable standard. Apply the deterioration factor to
the official emission result, as described in paragraph (c) of this
section, then round the adjusted figure to the same number of decimal
places as the emission standard. Compare the rounded emission levels to
the emission standard for each emission-data vehicle.
* * * * *
225. Section 1051.250 is revised to read as follows:
Sec. 1051.250 What records must I keep and make available to EPA?
(a) Organize and maintain the following records:
(1) A copy of all applications and any summary information you send
us.
(2) Any of the information we specify in Sec. 1051.205 that you
were not required to include in your application.
(3) A detailed history of each emission-data vehicle. For each
vehicle, describe all of the following:
(i) The emission-data vehicle's construction, including its origin
and buildup, steps you took to ensure that it represents production
vehicles, any components you built specially for it, and all the
components you include in your application for certification.
(ii) How you accumulated vehicle or engine operating hours,
including the dates and the number of hours accumulated.
(iii) All maintenance, including modifications, parts changes, and
other service, and the dates and reasons for the maintenance.
(iv) All your emission tests, including documentation on routine
and standard tests, as specified in 40 CFR part 1065, and the date and
purpose of each test.
(v) All tests to diagnose engine or emission-control performance,
giving the date and time of each and the reasons for the test.
(vi) Any other significant events.
(4) Production figures for each engine family divided by assembly
plant.
(5) Keep a list of engine identification numbers for all the
engines you produce under each certificate of conformity.
(b) Keep data from routine emission tests (such as test cell
temperatures and relative humidity readings) for one year after we
issue the associated certificate of conformity. Keep all other
information specified in paragraph (a) of this section for eight years
after we issue your certificate.
(c) Store these records in any format and on any media, as long as
you can promptly send us organized, written records in English if we
ask for them. You must keep these records readily available. We may
review them at any time.
(d) Send us copies of any maintenance instructions or explanations
if we ask for them.
226. Section 1051.255 is revised to read as follows:
Sec. 1051.255 What decisions may EPA make regarding my certificate of
conformity?
(a) If we determine your application is complete and shows that the
engine family meets all the requirements of this part and the Act, we
will issue a certificate of conformity for your engine family for that
model year. We may make the approval subject to additional conditions.
(b) We may deny your application for certification if we determine
that your engine family fails to comply with emission standards or
other requirements of this part or the Act. Our decision may be based
on a review of all information available to us. If we deny your
application, we will explain why in writing.
(c) In addition, we may deny your application or suspend or revoke
your certificate if you do any of the following:
(1) Refuse to comply with any testing or reporting requirements.
[[Page 54918]]
(2) Submit false or incomplete information (paragraph (e) of this
section applies if this is fraudulent).
(3) Render inaccurate any test data.
(4) Deny us from completing authorized activities despite our
presenting a warrant or court order (see 40 CFR 1068.20). This includes
a failure to provide reasonable assistance.
(5) Produce engines for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
(6) Fail to supply requested information or amend your application
to include all engines being produced.
(7) Take any action that otherwise circumvents the intent of the
Act or this part.
(d) We may void your certificate if you do not keep the records we
require or do not give us information when we ask for it.
(e) We may void your certificate if we find that you intentionally
submitted false or incomplete information.
(f) If we deny your application or suspend, revoke, or void your
certificate, you may ask for a hearing (see Sec. 1051.820).
227. The heading for subpart D is revised to read as follows:
Subpart D--Testing Production-line Vehicles and Engines
228. Section 1051.301 is amended by revising paragraph (a) and
adding paragraph (h) to read as follows:
Sec. 1051.301 When must I test my production-line vehicles or
engines?
(a) If you produce vehicles that are subject to the requirements of
this part, you must test them as described in this subpart. If your
vehicle is certified to g/kW-hr standards, then test the engine;
otherwise, test the vehicle. The provisions of this subpart do not
apply to small-volume manufacturers.
* * * * *
(h) Vehicles certified to the following standards are exempt from
the production-line testing requirements of this subpart if they are
certified without participating in the averaging, banking, and trading
program described in subpart H of this part:
(1) Phase 1 or Phase 2 standards in Sec. 1051.103.
(2) Phase 1 standards in Sec. Sec. 1051.105.
(3) Phase 1 standards in Sec. 1051.107.
(4) The standards in Sec. 1051.615.
(5) The standards in Sec. 1051.145(b).
229. Section 1051.305 is amended by revising paragraphs (d)(1),
(e), (f), and (g) to read as follows:
Sec. 1051.305 How must I prepare and test my production-line vehicles
or engines?
* * * * *
(d) * * *
(1) We may adjust or require you to adjust idle speed outside the
physically adjustable range as needed only until the vehicle or engine
has stabilized emission levels (see paragraph (e) of this section). We
may ask you for information needed to establish an alternate minimum
idle speed.
* * * * *
(e) Stabilizing emission levels. Before you test production-line
vehicles or engines, you may operate the vehicle or engine to stabilize
the emission levels. Using good engineering judgment, operate your
vehicles or engines in a way that represents the way they will be used.
You may operate each vehicle or engine for no more than the greater of
two periods:
(1) 50 hours or 500 kilometers.
(2) The number of hours or kilometers you operated the emission-
data vehicle used for certifying the engine family (see 40 CFR part
1065, subpart E, or the applicable regulations governing how you should
prepare your test vehicle or engine).
(f) Damage during shipment. If shipping a vehicle or engine to a
remote facility for production-line testing makes necessary an
adjustment or repair, you must wait until after the initial emission
test to do this work. We may waive this requirement if the test would
be impossible or unsafe, or if it would permanently damage the vehicle
or engine. Report to us, in your written report under Sec. 1051.345,
all adjustments or repairs you make on test vehicles or engines before
each test.
(g) Retesting after invalid tests. You may retest a vehicle or
engine if you determine an emission test is invalid under subpart F of
this part. Explain in your written report reasons for invalidating any
test and the emission results from all tests. If you retest a vehicle
or engine, you may ask us to substitute results of the new tests for
the original ones. You must ask us within ten days of testing. We will
generally answer within ten days after we receive your information.
230. Section 1051.310 is amended by revising paragraphs (c)
introductory text, (c)(2), (f), (g), and (i) to read as follows:
Sec. 1051.310 How must I select vehicles or engines for production-
line testing?
* * * * *
(c) Calculate the required sample size for each engine family.
Separately calculate this figure for HC, NOX (or
HC+NOX), and CO (and other regulated pollutants). The
required sample size is the greater of these calculated values. Use the
following equation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.003
Where:
N = Required sample size for the model year.
t95 = 95% confidence coefficient, which depends on the
number of tests completed, n, as specified in the table in paragraph
(c)(1) of this section. It defines 95% confidence intervals for a one-
tail distribution.
x = Mean of emission test results of the sample.
STD = Emission standard (or family emission limit, if applicable).
[sigma] = Test sample standard deviation (see paragraph (c)(2) of this
section).
n = The number of tests completed in an engine family.
* * * * *
(2) Calculate the standard deviation, [sigma], for the test sample
using the following formula:
[GRAPHIC] [TIFF OMITTED] TP10SE04.004
Where:
Xi = Emission test result for an individual vehicle or
engine.
* * * * *
(f) Distribute the remaining vehicle or engine tests evenly
throughout the rest of the year. You may need to adjust your schedule
for selecting vehicles or engines if the required sample size changes.
Continue to randomly select vehicles or engines from each engine
family.
(g) Continue testing any engine family for which the sample mean,
x, is greater than the emission standard. This applies if the sample
mean for either HC, NOX (or HC+NOX), or CO (or
other regulated pollutants) is greater than the emission standard.
Continue testing until one of the following things happens:
(1) The number of tests completed in an engine family, n, is
greater than the required sample size, N, and the sample mean, x, is
less than or equal to the emission standard. For example, if N = 3.1
after the third test, the sample-size calculation does not allow you to
stop testing.
(2) The engine family does not comply according to Sec. 1051.315.
(3) You test 30 vehicles or engines from the engine family.
(4) You test five engines and one percent of your projected annual
U.S.-directed production volume for the engine family.
[[Page 54919]]
(5) You choose to declare that the engine family fails the
requirements of this subpart.
* * * * *
(i) You may elect to test more randomly chosen vehicles or engines
than we require under this section. Include these vehicles or engines
in the sample-size calculations.
231. Section 1051.325 is amended by revising paragraph (d) to read
as follows:
Sec. 1051.325 What happens if an engine family fails the production-
line requirements?
* * * * *
(d) Section 1051.335 specifies steps you must take to remedy the
cause of the engine family's production-line failure. All the vehicles
you have produced since the end of the last test period are presumed
noncompliant and should be addressed in your proposed remedy. We may
require you to apply the remedy to engines produced earlier if we
determine that the cause of the failure is likely to have affected the
earlier engines.
* * * * *
232. Section 1051.345 is amended by revising paragraphs (a)
introductory text, (a)(5), and (a)(10) to read as follows:
Sec. 1051.345 What production-line testing records must I send to
EPA?
* * * * *
(a) Within 30 calendar days of the end of each test period, send us
a report with the following information:
* * * * *
(5) Identify how you accumulated hours of operation on the vehicles
or engines and describe the procedure and schedule you used.
* * * * *
(10) State the date the test period ended for each engine family.
* * * * *
233. Section 1051.350 is amended by revising paragraph (a)
introductory text to read as follows:
Sec. 1051.350 What records must I keep?
(a) Organize and maintain your records as described in this
section. We may review your records at any time.
* * * * *
234. Section 1051.501 is amended by revising the introductory text
and paragraphs (a) and (b) and adding paragraph (e)(3) to read as
follows:
Sec. 1051.501 What procedures must I use to test my vehicles or
engines?
This section describes test procedures that you used to determine
whether vehicles meet the emission standards of this part. See Sec.
1051.235 to determine when testing is required for certification. See
subpart D of this part for the production-line testing requirements.
(a) Snowmobiles. For snowmobiles, use the equipment and procedures
for spark-ignition engines in part 1065 of this chapter to determine
whether your snowmobiles meet the duty-cycle emission standards in
Sec. 1051.103. Measure the emissions of all the pollutants we regulate
in Sec. 1051.103 using the dilute sampling procedures in 40 CFR part
1065. For steady-state testing, you may use raw-gas sampling methods
(such as those described in 40 CFR part 91), as long as they have been
shown to produce measurements equivalent to the dilute sampling methods
specified in 40 CFR part 1065. Use the duty cycle specified in Sec.
1051.505.
(b) Motorcycles and ATVs. For motorcycles and ATVs, use the
equipment, procedures, and duty cycle in 40 CFR part 86, subpart F, to
determine whether your vehicles meet the exhaust emission standards in
Sec. 1051.105 or Sec. 1051.107. Measure the emissions of all the
pollutants we regulate in Sec. 1051.105 or Sec. 1051.107. If we allow
you to certify ATVs based on engine testing, use the equipment,
procedures, and duty cycle described or referenced in the section that
allows engine testing. For motorcycles with engine displacement at or
below 169 cc and all ATVs, use the driving schedule in paragraph (c) of
Appendix I to 40 CFR part 86. For all other motorcycles, use the
driving schedule in paragraph (b) of Appendix I to part 86. With
respect to vehicle-speed governors, test motorcycles and ATVs in their
ungoverned configuration, unless we approve in advance testing in a
governed configuration. We will only approve testing in a governed
configuration if you can show that the governor is permanently
installed on all production vehicles and is unlikely to be removed in
use. With respect to engine-speed governors, test motorcycles and ATVs
in their governed configuration.
* * * * *
(e) * * *
(3) You may test engines using a test speed based on the point of
maximum power if that represents in-use operation better than testing
based on maximum test speed.
* * * * *
235. Section 1051.505 is amended by revising paragraph (a) before
the table and paragraphs (b)(3), (e), and (f) introductory text to read
as follows:
Sec. 1051.505 What special provisions apply for testing snowmobiles?
(a) Measure emissions by testing the engine on a dynamometer with
the following duty cycle to determine whether it meets the emission
standards in Sec. 1051.103:
* * * * *
(b) * * *
(3) Keep engine torque under 5 percent of maximum test torque.
* * * * *
(e) See 40 CFR part 1065 for detailed specifications of tolerances
and calculations.
(f) You may test snowmobiles at ambient temperatures below 20[deg]
C or using intake air temperatures below 20[deg] C if you show that
such testing complies with 40 CFR 1065.10(c)(1). You must get our
approval before you begin the emission testing. For example, the
following approach would be appropriate to show that such testing
complies with 40 CFR 1065.10(c)(1):
* * * * *
236. Section 1051.515 is amended by revising paragraphs (a)(5) and
(b) to read as follows:
Sec. 1051.515 How do I test my fuel tank for permeation emissions?
* * * * *
(a) * * *
(5) Seal the fuel tank using fuel caps and other fittings
(excluding petcocks) that would be used to seal openings in a
production fuel tank. In cases where openings are not normally sealed
on the fuel tank (such as hose-connection fittings and vents in fuel
caps), these openings may be sealed using nonpermeable fittings such as
metal or fluoropolymer plugs.
(b) Permeation test run. To run the test, take the following steps
for a tank that was preconditioned as specified in paragraph (a) of
this section:
(1) Weigh the sealed fuel tank and record the weight to the nearest
0.1 grams. You may use less precise weights as long as the difference
in mass from the start of the test to the end of the test has at least
three significant figures. Take this measurement within 8 hours of
filling the tank with test fuel as specified in paragraph (a)(3) of
this section.
(2) Carefully place the tank within a ventilated, temperature-
controlled room or enclosure. Do not spill or add any fuel.
(3) Close the room or enclosure and record the time.
(4) Ensure that the measured temperature in the room or enclosure
is 28 2 [deg]C.
(5) Leave the tank in the room or enclosure for 14 days.
[[Page 54920]]
(6) Hold the temperature of the room or enclosure to 28 2 [deg]C; measure and record the temperature at least daily.
(7) At the end of the soak period, weigh the sealed fuel tank and
record the weight to the nearest 0.1 grams. You may use less precise
weights as long as the difference in mass from the start of the test to
the end of the test has at least three significant figures. Unless the
same fuel is used in the preconditioning fuel soak and the permeation
test run, record weight measurements on five separate days per week of
testing. The test is void if a linear plot of tank weight vs. test days
for the full soak period for permeation testing specified in paragraph
(b)(5) of this section yields an R-squared value below 0.8.
(8) Subtract the weight of the tank at the end of the test from the
weight of the tank at the beginning of the test; divide the difference
by the internal surface area of the fuel tank. Divide this g/m\2\ value
by the number of test days (using at least three significant figures)
to calculate the g/m\2\/day emission rate. Example: If a tank with an
internal surface area of 0.72 m\2\ weighed 31882.3 grams at the
beginning of the test and weighed 31760.2 grams after soaking for 14.03
days, then the g/m\2\/day emission rate would be--
(31882.3 g-31813.8 g) / 0.72 m\2\ / 14.03 days = 6.78 g/m\2\/day.
(9) Round your result to the same number of decimal places as the
emission standard.
(10) In cases where consideration of permeation rates, using good
engineering judgment, leads you to conclude that soaking for 14 days is
not long enough to measure weight change to at least three significant
figures, you may soak for 14 days longer. In this case, repeat the
steps in paragraphs (b)(8) and (9) of this section to determine the
weight change for the full 28 days.
* * * * *
237. Section 1051.520 is revised to read as follows:
Sec. 1051.520 How do I perform exhaust durability testing?
Sections 1051.240 and 1051.243 describe the method for testing that
must be performed to establish deterioration factors for an engine
family.
238. Section 1051.605 is revised to read as follows:
Sec. 1051.605 What provisions apply to engines already certified
under the motor-vehicle program or the Large Spark-ignition program?
(a) General provisions. If you are an engine manufacturer, this
section allows you to introduce into commerce new recreational
vehicles, and engines for recreational vehicles, if the engines are
already certified to the requirements that apply to spark-ignition
engines under 40 CFR parts 85 and 86 or 40 CFR part 1048 for the
appropriate model year. If you comply with all the provisions of this
section, we consider the certificate issued under 40 CFR part 86 or
1048 for each engine to also be a valid certificate of conformity under
this part 1051 for its model year, without a separate application for
certification under the requirements of this part 1051. See Sec.
1051.610 for similar provisions that apply to vehicles that are already
certified to the vehicle-based standards for motor vehicles.
(b) Vehicle-manufacturer provisions. If you are not an engine
manufacturer, you may install an engine certified for the appropriate
model year under 40 CFR part 86 or 1048 in a recreational vehicle as
long as the engine has been properly labeled as specified in paragraphs
(d)(4) through (6) of this section and you do not make any of the
changes described in paragraph (d)(2) of this section. If you modify
the non-recreational engine in any of the ways described in paragraph
(d)(2) of this section for installation in a recreational vehicle, we
will consider you a manufacturer of recreational vehicles. Such engine
modifications prevent you from using the provisions of this section.
(c) Liability. Engines for which you meet the requirements of this
section are exempt from all the requirements and prohibitions of this
part, except for those specified in this section. Engines exempted
under this section must meet all the applicable requirements from 40
CFR parts 85 and 86 or 40 CFR part 1048. This paragraph (c) applies to
engine manufacturers, vehicle manufacturers who use such an engine, and
all other persons as if the engine were used in its originally intended
application. The prohibited acts of 40 CFR 1068.101(a)(1) apply to
these new engines and vehicles; however, we consider the certificate
issued under 40 CFR part 86 or 1048 for each engine to also be a valid
certificate of conformity under this part 1051 for its model year. If
we make a determination that these engines do not conform to the
regulations during their useful life, we may require you to recall them
under this part 1051 or under 40 CFR part 85 or 1068.505.
(d) Specific requirements. If you are an engine manufacturer and
meet all the following criteria and requirements regarding your new
engine, the vehicle using the engine is eligible for an exemption under
this section:
(1) Your engine must be covered by a valid certificate of
conformity issued under 40 CFR part 86 or 1048.
(2) You must not make any changes to the certified engine that
could reasonably be expected to increase its exhaust emissions for any
pollutant, or its evaporative emissions. For example, if you make any
of the following changes to one of these engines, you do not qualify
for this exemption:
(i) Change any fuel system or evaporative system parameters from
the certified configuration (this does not apply to refueling
controls).
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the engine
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that
temperatures or heat rejection rates are outside the original engine
manufacturer's specified ranges.
(3) You must show that fewer than 50 percent of the engine model's
total sales for the model year, from all companies, are used in
recreational vehicles, as follows:
(i) If you are the original manufacturer of the engine, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the engine to confirm this based on its sales information.
(4) You must ensure that the engine has the emission control
information label we require under 40 CFR part 86 or 1048.
(5) You must add a permanent supplemental label to the engine in a
position where it will remain clearly visible after installation in the
vehicle. In the supplemental label, do the following:
(i) Include the heading: ``RECREATIONAL VEHICLE EMISSION CONTROL
INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS ENGINE WAS ADAPTED FOR A RECREATIONAL USE
WITHOUT AFFECTING ITS EMISSION CONTROLS.''.
(iv) State the date you finished installation (month and year), if
applicable.
(6) The original and supplemental labels must be readily visible
after the engine is installed in the vehicle or, if
[[Page 54921]]
the vehicle obscures the engine's emission control information label,
make sure the vehicle manufacturer attaches duplicate labels, as
described in 40 CFR 1068.105.
(7) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone
number.
(ii) List the engine models you expect to produce under this
exemption in the coming year.
(iii) State: ``We produce each listed engine model for recreational
application without making any changes that could increase its
certified emission levels, as described in 40 CFR 1051.605.''.
(e) Failure to comply. If your engines do not meet the criteria
listed in paragraph (d) of this section, they will be subject to the
standards, requirements, and prohibitions of this part 1051 and the
certificate issued under 40 CFR part 86 or 1048 will not be deemed to
also be a certificate issued under this part 1051. Introducing these
engines into commerce without a valid exemption or certificate of
conformity under this part violates the prohibitions in 40 CFR
1068.101(a)(1).
(f) Data submission. We may require you to send us emission test
data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Engines
adapted for recreational use under this section may not generate or use
emission credits under this part 1051. These engines may generate
credits under the ABT provisions in 40 CFR part 86. These engines must
use emission credits under 40 CFR part 86 if they are certified to an
FEL that exceeds an applicable standard.
239. Section 1051.610 is revised to read as follows:
Sec. 1051.610 What provisions apply to vehicles already certified
under the motor-vehicle program?
(a) General provisions. If you are a motor-vehicle manufacturer,
this section allows you to introduce new recreational vehicles into
commerce if the vehicle is already certified to the requirements that
apply under 40 CFR parts 85 and 86. If you comply with all of the
provisions of this section, we consider the certificate issued under 40
CFR part 86 for each motor vehicle to also be a valid certificate of
conformity for the engine under this part 1051 for its model year,
without a separate application for certification under the requirements
of this part 1051. This section applies especially for highway
motorcycles that are modified for recreational nonroad use. See Sec.
1051.605 for similar provisions that apply to motor-vehicle engines or
Large SI engines produced for recreational vehicles.
(b) Nonroad vehicle-manufacturer provisions. If you are not a
motor-vehicle manufacturer, you may produce recreational vehicles from
motor vehicles under this section as long as the recreational vehicle
has the labels specified in paragraphs (d)(4) through (6) of this
section and you do not make any of the changes described in paragraph
(d)(2) of this section. If you modify the motor vehicle or its engine
in any of the ways described in paragraph (d)(2) of this section, we
will consider you a manufacturer of a new recreational vehicle. Such
modifications prevent you from using the provisions of this section.
(c) Liability. Engines and vehicles for which you meet the
requirements of this section are exempt from all the requirements and
prohibitions of this part, except for those specified in this section.
Engines exempted under this section must meet all the applicable
requirements from 40 CFR parts 85 and 86. This applies to engine
manufacturers, vehicle manufacturers, and all other persons as if the
recreational vehicles were motor vehicles. The prohibited acts of 40
CFR 1068.101(a)(1) apply to these new recreational vehicles; however,
we consider the certificate issued under 40 CFR part 86 for each motor
vehicle to also be a valid certificate of conformity for the
recreational vehicle under this part 1051 for its model year. If we
make a determination that these engines or vehicles do not conform to
the regulations during their useful life, we may require you to recall
them under 40 CFR part 86 or 40 CFR 1068.505.
(d) Specific requirements. If you are a motor-vehicle manufacturer
and meet all the following criteria and requirements regarding your new
recreational vehicle and its engine, the vehicle is eligible for an
exemption under this section:
(1) Your vehicle must be covered by a valid certificate of
conformity as a motor vehicle issued under 40 CFR part 86.
(2) You must not make any changes to the certified vehicle that we
could reasonably expect to increase its exhaust emissions for any
pollutant, or its evaporative emissions if it is subject to
evaporative-emission standards. For example, if you make any of the
following changes, you do not qualify for this exemption:
(i) Change any fuel system parameters from the certified
configuration.
(ii) Change, remove, or fail to properly install any other
component, element of design, or calibration specified in the vehicle
manufacturer's application for certification. This includes
aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that
temperatures or heat rejection rates are outside the original vehicle
manufacturer's specified ranges.
(iv) Add more than 500 pounds to the curb weight of the originally
certified motor vehicle.
(3) You must show that fewer than 50 percent of the total sales as
a motor vehicle or a recreational vehicle, from all companies, are used
in recreational vehicles, as follows:
(i) If you are the original manufacturer of the vehicle, base this
showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of
the vehicle to confirm this based on their sales information.
(4) The vehicle must have the vehicle emission control information
we require under 40 CFR part 86.
(5) You must add a permanent supplemental label to the vehicle in a
position where it will remain clearly visible. In the supplemental
label, do the following:
(i) Include the heading: ``RECREATIONAL VEHICLE ENGINE EMISSION
CONTROL INFORMATION''.
(ii) Include your full corporate name and trademark. You may
instead include the full corporate name and trademark of another
company you choose to designate.
(iii) State: ``THIS VEHICLE WAS ADAPTED FOR RECREATIONAL USE
WITHOUT AFFECTING ITS EMISSION CONTROLS.''.
(iv) State the date you finished modifying the vehicle (month and
year), if applicable.
(6) The original and supplemental labels must be readily visible in
the fully assembled vehicle.
(7) Send the Designated Compliance Officer a signed letter by the
end of each calendar year (or less often if we tell you) with all the
following information:
(i) Identify your full corporate name, address, and telephone
number.
(ii) List the vehicle models you expect to produce under this
exemption in the coming year.
(iii) State: ``We produced each listed engine or vehicle model for
recreational application without making any changes that could increase
its certified emission
[[Page 54922]]
levels, as described in 40 CFR 1051.610.''.
(e) Failure to comply. If your engines or vehicles do not meet the
criteria listed in paragraph (d) of this section, the engines will be
subject to the standards, requirements, and prohibitions of this part
1051, and the certificate issued under 40 CFR part 86 will not be
deemed to also be a certificate issued under this part 1051.
Introducing these engines into commerce without a valid exemption or
certificate of conformity under this part violates the prohibitions in
40 CFR 1068.101(a)(1).
(f) Data submission. We may require you to send us emission test
data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Vehicles
adapted for recreational use under this section may not generate or use
emission credits under this part 1051. These engines may generate
credits under the ABT provisions in 40 CFR part 86. These engines must
use emission credits under 40 CFR part 86 if they are certified to an
FEL that exceeds an applicable standard.
240. Section 1051.615 is amended by revising paragraphs (a)
introductory text and (b) introductory text, redesignating paragraph
(e) as paragraph (f), and adding a new paragraph (e) to read as
follows:
Sec. 1051.615 What are the special provisions for certifying small
recreational engines?
(a) You may certify ATVs with engines that have total displacement
of less than 100 cc to the following exhaust emission standards instead
of certifying them to the exhaust emission standards of subpart B of
this part:
* * * * *
(b) You may certify off-highway motorcycles with engines that have
total displacement of 70 cc or less to the following exhaust emission
standards instead of certifying them to the exhaust emission standards
of subpart B of this part:
* * * * *
(e) For ATVs certified to the standards in this section, use the
following equation to determine the normalized emission rate required
by Sec. 1051.135(g):
NER = 0.250 x log(HC + NOX) = 0.250
Where:
HC +NOX is the sum of the cycle-weighted emission rates
for hydrocarbons and oxides of nitrogen in g/kW-hr.
* * * * *
241. Section 1051.620 is amended by revising paragraph (b)(1)(vi)
to read as follows:
Sec. 1051.620 When may a manufacturer obtain an exemption for
competition recreational vehicles?
* * * * *
(b) * * *
(1) * * *
(vi) The absence of a functional seat. (For example, a seat with
less than 30 square inches of seating surface would generally not be
considered a functional seat).
* * * * *
242. A new Sec. 1051.645 is added to read as follows:
Sec. 1051.645 What special provisions apply to branded engines?
The following provisions apply if you identify the name and
trademark of another company instead of your own on your emission
control information label, as provided by Sec. 1051.135(c)(2):
(a) You must have a contractual agreement with the other company
that obligates that company to take the following steps:
(1) Meet the emission warranty requirements that apply under Sec.
1051.120. This may involve a separate agreement involving reimbursement
of warranty-related expenses.
(2) Report all warranty-related information to the certificate
holder.
(b) In your application for certification, identify the company
whose trademark you will use and describe the arrangements you have
made to meet your requirements under this section.
(c) You remain responsible for meeting all the requirements of this
chapter, including warranty and defect-reporting provisions.
243. Section 1051.701 is amended by revising paragraphs (a), (c),
and (d) and adding paragraphs (e), (f), and (g) to read as follows:
Sec. 1051.701 General provisions.
(a) You may average, bank, and trade emission credits for purposes
of certification as described in this subpart to show compliance with
the standards of this part. To do this you must certify your engines to
Family Emission Limits (FELs) and show that your average emission
levels are below the applicable standards in subpart B of this part, or
that you have sufficient credits to offset a credit deficit for the
model year (as calculated in Sec. 1051.720).
* * * * *
(c) The definitions of Subpart I of this part apply to this
subpart. The following definitions also apply:
(1) Actual emission credits means emission credits you have
generated that we have verified by reviewing your final report.
(2) Average standard means a standard that allows you to comply by
averaging all your vehicles under this part. See subpart B of this part
to determine which standards are average standards.
(3) Averaging set means a set of engines in which emission credits
may be exchanged only with other engines in the same averaging set.
(4) Broker means any entity that facilitates a trade of emission
credits between a buyer and seller.
(5) Buyer means the entity that receives emission credits as a
result of a trade.
(6) Reserved emission credits means emission credits you have
generated that we have not yet verified by reviewing your final report.
(7) Seller means the entity that provides emission credits during a
trade.
(8) Trade means to exchange emission credits, either as a buyer or
seller.
(d) In your application for certification, base your showing of
compliance on projected production volumes for vehicles whose point of
first retail sale is in the United States. As described in Sec.
1051.730, compliance with the requirements of this subpart is
determined at the end of the model year based on actual production
volumes for vehicles whose point of first retail sale is in the United
States. Do not include any of the following vehicles to calculate
emission credits:
(1) Vehicles exempted under subpart G of this part or under 40 CFR
part 1068.
(2) Exported vehicles.
(3) Vehicles not subject to the requirements of this part, such as
those excluded under Sec. 1051.5.
(4) Vehicles for which the location of first retail sale is in a
state that has applicable emission regulations for that model year. For
example, you may not include vehicles sold in California if it has
emission standards for these engines, and you may not include vehicles
sold in other states that adopt California's emission standards under
Clean Air Act section 177.
(5) Any other vehicles, where we indicate elsewhere in this part
1051 that they are not to be included in the calculations of this
subpart.
(e) You may not use emission credits generated under this subpart
to offset any emissions that exceed an FEL or standard. This applies
for all testing, including certification testing, in-use testing,
selective enforcement audits, and other production-line testing.
However, if emissions from an engine exceed an FEL or standard (for
example, during a selective enforcement audit),
[[Page 54923]]
you may use emission credits to recertify the engine family with a
higher FEL that applies only to future production.
(f) Emission credits may be used in the model year they are
generated or in future model years. Emission credits may not be used
for past model years.
(g) You may increase or decrease an FEL during the model year by
amending your application for certification under Sec. 1051.225. The
new FEL may apply only to engines you have not already introduced into
commerce.
244. Section 1051.705 is amended by revising paragraphs (a) and (b)
and adding paragraph (e) to read as follows:
Sec. 1051.705 How do I average emission levels?
(a) As specified in subpart B of this part, certify each vehicle to
an FEL, subject to the FEL caps in subpart B of this part.
(b) Calculate a preliminary average emission level according to
Sec. 1051.720 for each averaging set using projected U.S.-directed
production volumes from your application for certification.
* * * * *
(e) If your average emission level is above the allowable average
standard, you must obtain enough emission credits to offset the deficit
by the due date for the final report required in Sec. 1051.730. The
emission credits used to address the deficit may come from emission
credits you have banked or from emission credits you obtain through
trading.
245. Section 1051.710 is revised to read as follows:
Sec. 1051.710 How do I generate and bank emission credits?
(a) Banking is the retention of emission credits by the
manufacturer generating the emission credits for use in averaging or
trading in future model years. You may use banked emission credits only
within the averaging set in which they were generated.
(b) If your average emission level is below the average standard,
you may calculate credits according to Sec. 1051.720. Credits you
generate do not expire.
(c) You may generate credits if you are a certifying manufacturer.
(d) In your application for certification, designate any emission
credits you intend to bank. These emission credits will be considered
reserved credits. During the model year and before the due date for the
final report, you may redesignate these emission credits for averaging
or trading.
(e) You may use banked emission credits from the previous model
year for averaging or trading before we verify them, but we may revoke
these emission credits if we are unable to verify them after reviewing
your reports or auditing your records.
(f) Reserved credits become actual emission credits only when we
verify them in reviewing your final report.
246. Section 1051.715 is revised to read as follows:
Sec. 1051.715 How do I trade emission credits?
(a) Trading is the exchange of emission credits between
manufacturers. You may use traded emission credits for averaging,
banking, or further trading transactions. Traded emission credits may
be used only within the averaging set in which they were generated.
(b) You may trade banked credits to any certifying manufacturer.
(c) You may trade actual emission credits as described in this
subpart. You may also trade reserved emission credits, but we may
revoke these emission credits based on our review of your records or
reports or those of the company with which you traded emission credits.
(d) If a negative emission credit balance results from a
transaction, both the buyer and seller are liable, except in cases we
deem to involve fraud. See Sec. 1051.255(e) for cases involving fraud.
We may void the certificates of all engine families participating in a
trade that results in a manufacturer having a negative balance of
emission credits. See Sec. 1051.745.
247. Section 1051.720 is amended by revising paragraphs (a)(2) and
(a)(3) to read as follows:
Sec. 1051.720 How do I calculate my average emission level or
emission credits?
(a) * * *
(2) For vehicles that have standards expressed as g/kW-hr and a
useful life in kilometers, convert the useful life to kW-hr based on
the maximum power output observed over the emission test and an assumed
vehicle speed of 30 km/hr as follows: UL (kW-hr) = UL (km) x Maximum
Test Power (kW) / 30 km/hr. (Note: It is not necessary to include a
load factor, since credit exchange is not allowed between vehicles
certified to g/kW-hr standards and vehicles certified to g/km
standards.)
(3) For evaporative emission standards expressed as g/
m2/day, use the useful life value in years multiplied by
365.24 and calculate the average emission level as:
[GRAPHIC] [TIFF OMITTED] TP10SE04.078
Where:
Production i = The number of vehicles in the engine family
times the average internal surface area of the vehicles' fuel tanks.
* * * * *
248. Section 1051.725 is revised to read as follows:
Sec. 1051.725 What must I include in my applications for
certification?
(a) You must declare in your applications for certification your
intent to use the provisions of this subpart. You must also declare the
FELs you select for each engine family. Your FELs must comply with the
specifications of subpart B of this part, including the FEL caps. FELs
must be expressed to the same number of decimal places as the
applicable standards.
(b) Include the following in your application for certification:
(1) A statement that, to the best of your belief, you will not have
a negative balance of emission credits for any averaging set when all
emission credits are calculated at the end of the year. This means that
if you believe that your average emission level will be above the
standard (i.e., that you will have a deficit for the model year), you
must have banked credits (or project to have received traded credits)
to offset the deficit.
(2) Detailed calculations of projected emission credits (positive
or negative) based on projected production volumes. If you will
generate positive emission credits, state specifically where the
emission credits will be applied (for example, whether they will be
traded or reserved for banking). If you have projected negative
emission credits, state the source of positive emission credits to
offset the negative emission credits. Describe whether the emission
credits are actual or reserved and
[[Page 54924]]
whether they will come from banking, trading, or a combination of
these. If you intend to rely on trading, identify from which
manufacturer the emission credits will come.
249. Section 1051.730 is revised to read as follows:
Sec. 1051.730 What ABT reports must I send to EPA?
(a) If any of your engine families are certified using the ABT
provisions of this subpart, you must send an end-of-year report within
90 days after the end of the model year and a final report within 270
days after the end of the model year. We may waive the requirement to
send the end-of year report, as long as you send the final report on
time.
(b) Your end-of-year and final reports must include the following
information for each engine family:
(1) Engine-family designation.
(2) The emission standards that would otherwise apply to the engine
family.
(3) The FEL for each pollutant. If you changed an FEL during the
model year, identify each FEL you used and calculate the positive or
negative emission credits under each FEL. Also, describe how the
applicable FEL can be identified for each vehicle you produced. For
example, you might keep a list of vehicle identification numbers that
correspond with certain FEL values.
(4) The projected and actual production volumes for the model year
with a point of retail sale in the United States. If you changed an FEL
during the model year, identify the actual production volume associated
with each FEL.
(5) For vehicles that have standards expressed as g/kW-hr, maximum
engine power for each vehicle configuration, and the sales-weighted
average engine power for the engine family.
(6) Useful life.
(7) Calculated positive or negative emission credits. Identify any
emission credits that you traded, as described in paragraph (d)(1) of
this section.
(c) Your end-of-year and final reports must include the following
additional information:
(1) Show that your net balance of emission credits in each
averaging set in the applicable model year is not negative.
(2) State whether you will reserve any emission credits for
banking.
(3) State that the report's contents are accurate.
(d) If you trade emission credits, you must send us a report within
90 days after the transaction, as follows:
(1) As the seller, you must include the following information in
your report:
(i) The corporate names of the buyer and any brokers.
(ii) A copy of any contracts related to the trade.
(iii) The engine families that generated emission credits for the
trade, including the number of emission credits from each family.
(2) As the buyer, you must include the following information in
your report:
(i) The corporate names of the seller and any brokers.
(ii) A copy of any contracts related to the trade.
(iii) How you intend to use the emission credits, including the
number of emission credits you intend to apply to each engine family
(if known).
(e) Send your reports electronically to the Designated Compliance
Officer using an approved information format. If you want to use a
different format, send us a written request with justification for a
waiver.
(f) Correct errors in your end-of-year report or final report as
follows:
(1) You may correct any errors in your end-of-year report when you
prepare the final report, as long as you send us the final report by
the time it is due.
(2) If you or we determine within 270 days after the end of the
model year that errors mistakenly decrease your balance of emission
credits, you may correct the errors and recalculate the balance of
emission credits. You may not make these corrections for errors that
are determined more than 270 days after the end of the model year. If
you report a negative balance of emission credits, we may disallow
corrections under this paragraph (f)(2).
(3) If you or we determine anytime that errors mistakenly increase
your balance of emission credits, you must correct the errors and
recalculate the balance of emission credits.
250. Section 1051.735 is revised to read as follows:
Sec. 1051.735 What records must I keep?
(a) You must organize and maintain your records as described in
this section. We may review your records at any time.
(b) Keep the records required by this section for eight years after
the due date for the end-of-year report. You may use any appropriate
storage formats or media, including paper, microfilm, or computer
diskettes.
(c) Keep a copy of the reports we require in Sec. 1051.725 and
Sec. 1051.730.
(d) Keep the following additional records for each engine you
produce under the ABT program:
(1) Engine family designation.
(2) Engine identification number.
(3) FEL and useful life.
(4) For vehicles that have standards expressed as g/kW-hr, maximum
engine power.
(5) Build date and assembly plant.
(6) Purchaser and destination.
(e) We may require you to keep additional records or to send us
relevant information not required by this section.
251. A new Sec. 1051.740 is added to read as follows:
Sec. 1051.740 Are there special averaging provisions for snowmobiles?
For snowmobiles, you may only use credits for the same phase or set
of standards against which they were generated, except as allowed by
this section.
(a) Restrictions. (1) You may not use any Phase 1 or Phase 2
credits for Phase 3 compliance.
(2) You may not use Phase 1 HC credits for Phase 2 HC compliance.
However, because the Phase 1 and Phase 2 CO standards are the same, you
may use Phase 1 CO credits for compliance with the Phase 2 CO
standards.
(b) Special credits for next phase of standards. You may choose to
generate credits early for banking for purposes of compliance with
later phases of standards as follows:
(1) If your corporate average emission level at the end of the
model year exceeds the applicable (current) phase of standards (without
the use of traded or previously banked credits), you may choose to
redesignate some of your snowmobile production to a calculation to
generate credits for a future phase of standards. To generate credits
the snowmobiles designated must have an FEL below the emission level of
that set of standards. This can be done on a pollutant specific basis.
(2) Do not include the snowmobiles that you redesignate in the
final compliance calculation of your average emission level for the
otherwise applicable (current) phase of standards. Your average
emission level for the remaining (non-redesignated) snowmobiles must
comply with the otherwise applicable (current) phase of standards.
(3) Include the snowmobiles that you redesignate in a separate
calculation of your average emission level for redesignated engines.
Calculate credits using this average emission level relative to the
specific pollutant in the future phase of standards. These credits may
be used for compliance with the future standards.
(4) For generating early Phase 3 credits, you may generate credits
for HC+NOX or CO separately as described:
(i) To determine if you qualify to generate credits in accordance
with
[[Page 54925]]
paragraphs (b)(1) through (3) of this section, you must meet the credit
trigger level. For HC+NOX this value is 62 g/kW-hr (which
would be the HC+NOX standard that would result from
inputting the highest allowable CO standard (275 g/kW-hr) into the
Phase 3 equation). For CO the value is 200 g/kW-hr (which would be the
CO standard that would result from inputting the highest allowable
HC+NOX standard (90 g/kW-hr) into the Phase 3 equation).
(ii) HC+NOX and CO credits for Phase 3 are calculated
relative to the 62 g/kW-hr and 200 g/kW-hr values, respectively.
(5) Credits can also be calculated for Phase 3 using both sets of
standards. Without regard to the trigger level values, if your net
emission reduction for the redesignated averaging set exceeds the
requirements of Phase 3 in Sec. 1051.103 (using both HC+NOX
and CO in the Phase 3 equation in Sec. 1051.103), then your credits
are the difference between the Phase 3 reduction requirement of that
section and your calculated value.
252. A new Sec. 1051.745 is added to read as follows:
Sec. 1051.745 What can happen if I do not comply with the provisions
of this subpart?
(a) For each engine family participating in the ABT program, the
certificate of conformity is conditional upon full compliance with the
provisions of this subpart during and after the model year. You are
responsible to establish to our satisfaction that you fully comply with
applicable requirements. We may void the certificate of conformity for
an engine family if you fail to comply with any provisions of this
subpart.
(b) You may certify your engine family to an FEL above an
applicable standard based on a projection that you will have enough
emission credits to avoid a negative credit balance for each averaging
set for the applicable model year. However, we may void the certificate
of conformity if you cannot show in your final report that you have
enough actual emission credits to offset a deficit for any pollutant in
an engine family.
(c) We may void the certificate of conformity for an engine family
if you fail to keep records, send reports, or give us information we
request.
(d) You may ask for a hearing if we void your certificate under
this section (see Sec. 1051.820).
253. Section 1051.801 is revised to read as follows:
Sec. 1051.801 What definitions apply to this part?
The following definitions apply to this part. The definitions apply
to all subparts unless we note otherwise. All undefined terms have the
meaning the Act gives to them. The definitions follow:
Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect emissions or engine performance
during emission testing or normal in-use operation. This includes, but
is not limited to, parameters related to injection timing and fueling
rate. You may ask us to exclude a parameter that is difficult to access
if it cannot be adjusted to affect emissions without significantly
degrading engine performance, or if you otherwise show us that it will
not be adjusted in a way that affects emissions during in-use
operation.
Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the engine exhaust before it is exhausted
to the environment. Exhaust-gas recirculation (EGR) and turbochargers
are not aftertreatment.
All-terrain vehicle means a land-based or amphibious nonroad
vehicle that meets the criteria listed in paragraph (1) of this
definition; or, alternatively the criteria of paragraph (2) of this
definition but not the criteria of paragraph (3) of this definition:
(1) Vehicles designed to travel on four low pressure tires, having
a seat designed to be straddled by the operator and handlebars for
steering controls, and intended for use by a single operator and no
other passengers are all-terrain vehicles.
(2) Other all-terrain vehicles have three or more wheels and one or
more seats, are designed for operation over rough terrain, are intended
primarily for transportation, and have a maximum vehicle speed of 25
miles per hour or higher. Golf carts generally do not meet these
criteria since they are generally not designed for operation over rough
terrain.
(3) Vehicles that meet the definition of ``offroad utility
vehicle'' in this section are not all-terrain vehicles. However, Sec.
1051.1(a) specifies that some offroad utility vehicles are required to
meet the same requirements as all-terrain vehicles.
Amphibious vehicle means a vehicle with wheels or tracks that is
designed primarily for operation on land and secondarily for operation
in water.
Auxiliary emission-control device means any element of design that
senses temperature, motive speed, engine RPM, transmission gear, or any
other parameter for the purpose of activating, modulating, delaying, or
deactivating the operation of any part of the emission-control system.
Brake power means the usable power output of the engine, not
including power required to fuel, lubricate, or heat the engine,
circulate coolant to the engine, or to operate aftertreatment devices.
Calibration means the set of specifications and tolerances specific
to a particular design, version, or application of a component or
assembly capable of functionally describing its operation over its
working range.
Certification means obtaining a certificate of conformity for an
engine family that complies with the emission standards and
requirements in this part.
Certified emission level means the highest deteriorated emission
level in an engine family for a given pollutant from either transient
or steady-state testing.
Compression-ignition means relating to a type of reciprocating,
internal-combustion engine that is not a spark-ignition engine.
Crankcase emissions means airborne substances emitted to the
atmosphere from any part of the engine crankcase's ventilation or
lubrication systems. The crankcase is the housing for the crankshaft
and other related internal parts.
Critical emission-related component means any of the following
components:
(1) Electronic control units, aftertreatment devices, fuel-metering
components, EGR-system components, crankcase-ventilation valves, all
components related to charge-air compression and cooling, and all
sensors and actuators associated with any of these components.
(2) Any other component whose primary purpose is to reduce
emissions.
Designated Compliance Officer means the Manager, Engine Programs
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Designated Enforcement Officer means the Director, Air Enforcement
Division (2242A), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW.,Washington, DC 20460.
Deteriorated emission level means the emission level that results
from applying the appropriate deterioration factor to the official
emission result of the emission-data vehicle.
Deterioration factor means the relationship between emissions at
the end of useful life and emissions at the
[[Page 54926]]
low-hour test point, expressed in one of the following ways:
(1) For multiplicative deterioration factors, the ratio of
emissions at the end of useful life to emissions at the low-hour test
point.
(2) For additive deterioration factors, the difference between
emissions at the end of useful life and emissions at the low-hour test
point.
Emission-control system means any device, system, or element of
design that controls or reduces the regulated emissions from an engine.
Emission-data vehicle means a vehicle or engine that is tested for
certification. This includes vehicles or engines tested to establish
deterioration factors.
Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emission
deterioration.
Engine configuration means a unique combination of engine hardware
and calibration within an engine family. Engines within a single engine
configuration differ only with respect to normal production
variability.
Engine family has the meaning given in Sec. 1051.230.
Evaporative means relating to fuel emissions that result from
permeation of fuel through the fuel system materials and from
ventilation of the fuel system.
Excluded means relating to an engine that either:
(1) Has been determined not to be a nonroad engine, as specified in
40 CFR 1068.30; or
(2) Is a nonroad engine that is excluded from this part 1051 under
the provisions of Sec. 1051.5.
Exempted means relating to an engine that is not required to meet
otherwise applicable standards. Exempted engines must conform to
regulatory conditions specified for an exemption in this part 1051 or
in 40 CFR part 1068. Exempted engines are deemed to be ``subject to''
the standards of this part, even though they are not required to comply
with the otherwise applicable requirements. Engines exempted with
respect to a certain tier of standards may be required to comply with
an earlier tier of standards as a condition of the exemption; for
example, engines exempted with respect to Tier 4 standards may be
required to comply with Tier 3 standards.
Exhaust-gas recirculation means a technology that reduces emissions
by routing exhaust gases that had been exhausted from the combustion
chamber(s) back into the engine to be mixed with incoming air before or
during combustion. The use of valve timing to increase the amount of
residual exhaust gas in the combustion chamber(s) that is mixed with
incoming air before or during combustion is not considered exhaust-gas
recirculation for the purposes of this part.
Family emission limit (FEL) means an emission level declared by the
manufacturer to serve in place of an otherwise applicable emission
standard under the ABT program in subpart H of this part. The family
emission limit must be expressed to the same number of decimal places
as the emission standard it replaces. The family emission limit serves
as the emission standard for the engine family with respect to all
required testing.
Fuel line means all hoses or tubing containing either liquid fuel
or fuel vapor, including hoses or tubing that deliver fuel to the
engine, fuel hoses or tubing on the engine, hoses or tubing for the
filler neck, hoses or tubing connecting dual fuel tanks, and hose or
tubing connecting a fuel tank to a carbon canister.
Fuel system means all components involved in transporting,
metering, and mixing the fuel from the fuel tank to the combustion
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel
filters, fuel lines, carburetor or fuel-injection components, and all
fuel-system vents. In the case where the fuel tank cap or other
components (excluding fuel lines) are directly mounted on the fuel
tank, they are considered to be a part of the fuel tank.
Fuel type means a general category of fuels such as diesel fuel or
natural gas. There can be multiple grades within a single fuel type,
such as high-sulfur or low-sulfur diesel fuel.
Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information. See 40 CFR 1068.5 for the
administrative process we use to evaluate good engineering judgment.
Hydrocarbon (HC) means the hydrocarbon group on which the emission
standards are based for each fuel type. For alcohol-fueled engines, HC
means total hydrocarbon equivalent (THCE). For all other engines, HC
means nonmethane hydrocarbon (NMHC).
Identification number means a unique specification (for example, a
model number/serial number combination) that allows someone to
distinguish a particular vehicle or engine from other similar engines.
Low-hour means relating to an engine with stabilized emissions and
represents the undeteriorated emission level. This would generally
involve less than 100 hours or 1,000 kilometers of operation.
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures a vehicle or
engine for sale in the United States or otherwise introduces a new
vehicle or engine into commerce in the United States. This includes
importers that import vehicles or engines for resale.
Maximum engine power has the meaning given in 40 CFR 90.2
Maximum test power means the maximum brake power of an engine at
test conditions.
Maximum test speed has the meaning we give in 40 CFR 1065.1001.
Maximum test torque has the meaning we give in 40 CFR 1065.1001.
Model year means one of the following things:
(1) For freshly manufactured vehicles (see definition of ``new,''
paragraph (1)), model year means one of the following:
(i) Calendar year.
(ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year.
(2) For an engine originally manufactured as a motor-vehicle engine
or a stationary engine that is later intended to be used in a vehicle
subject to the standards and requirements of this part 1051, model year
means the calendar year in which the engine was originally produced
(see definition of ``new,'' paragraph (2)).
(3) For a nonroad engine that has been previously placed into
service in an application covered by 40 CFR part 90, 91, or 1048, where
that engine is installed in a piece of equipment that is covered by
this part 1051, model year means the calendar year in which the engine
was originally produced (see definition of ``new ,'' paragraph (3)).
(4) For engines that are not freshly manufactured but are installed
in new recreational vehicles, model year means the calendar year in
which the engine is installed in the recreational vehicle (see
definition of ``new,'' paragraph (4)).
(5) For imported engines:
(i) For imported engines described in paragraph (5)(i) of the
definition of ``new,'' model year has the meaning given in paragraphs
(1) through (4) of this definition.
(ii) For imported engines described in paragraph (5)(ii) of the
definition of ``new,'' model year means the calendar year in which the
vehicle is modified.
Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In
general,
[[Page 54927]]
motor vehicle means any vehicle that EPA deems to be capable of safe
and practical use on streets or highways that has a maximum ground
speed above 40 kilometers per hour (25 miles per hour) over level,
paved surfaces.
New means relating to any of the following things:
(1) A freshly manufactured vehicle for which the ultimate purchaser
has never received the equitable or legal title. This kind of vehicle
might commonly be thought of as ``brand new.'' In the case of this
paragraph (1), the vehicle becomes new when it is fully assembled for
the first time. The engine is no longer new when the ultimate purchaser
receives the title or the product is placed into service, whichever
comes first.
(2) An engine originally manufactured as a motor-vehicle engine or
a stationary engine that is later intended to be used in a vehicle
subject to the standards and requirements of this part 1051. In this
case, the engine is no longer a motor-vehicle or stationary engine and
becomes new. The engine is no longer new when it is placed into service
as a recreational vehicle covered by this part 1051.
(3) A nonroad engine that has been previously placed into service
in an application covered by 40 CFR part 90, 91, or 1048, where that
engine is installed in a piece of equipment that is covered by this
part 1051. The engine is no longer new when it is placed into service
in a recreational vehicle covered by this part 1051. For example, this
would apply to a marine propulsion engine that is no longer used in a
marine vessel.
(4) An engine not covered by paragraphs (1) through (3) of this
definition that is intended to be installed in a new vehicle covered by
this part 1051. The engine is no longer new when the ultimate purchaser
receives a title for the vehicle or it is placed into service,
whichever comes first. This generally includes installation of used
engines in new recreational vehicles.
(5) An imported vehicle or engine, subject to the following
provisions:
(i) An imported recreational vehicle or recreational-vehicle engine
covered by a certificate of conformity issued under this part that
meets the criteria of one or more of paragraphs (1) through (4) of this
definition, where the original manufacturer holds the certificate, is
new as defined by those applicable paragraphs.
(ii) An imported recreational vehicle or recreational-vehicle
engine covered by a certificate of conformity issued under this part,
where someone other than the original manufacturer holds the
certificate (such as when the engine is modified after its initial
assembly), becomes new when it is imported. It is no longer new when
the ultimate purchaser receives a title for the vehicle or engine or it
is placed into service, whichever comes first.
(iii) An imported recreational vehicle or recreational-vehicle
engine that is not covered by a certificate of conformity issued under
this part at the time of importation is new, but only if it was
produced on or after the 2007 model year. This addresses uncertified
engines and equipment initially placed into service that someone seeks
to import into the United States. Importation of this kind of new
nonroad engine (or equipment containing such an engine) is generally
prohibited by 40 CFR part 1068.
Noncompliant means relating to a vehicle that was originally
covered by a certificate of conformity, but is not in the certified
configuration or otherwise does not comply with the conditions of the
certificate.
Nonconforming means relating to vehicle not covered by a
certificate of conformity that would otherwise be subject to emission
standards.
Nonmethane hydrocarbon means the difference between the emitted
mass of total hydrocarbons and the emitted mass of methane.
Nonroad means relating to nonroad engines or equipment that
includes nonroad engines.
Nonroad engine has the meaning we give in 40 CFR 1068.30. In
general this means all internal-combustion engines except motor-vehicle
engines, stationary engines, engines used solely for competition, or
engines used in aircraft.
Off-highway motorcycle means a two-wheeled vehicle with a nonroad
engine and a seat (excluding marine vessels and aircraft). (Note:
highway motorcycles are regulated under 40 CFR part 86.)
Official emission result means the measured emission rate for an
emission-data vehicle on a given duty cycle before the application of
any deterioration factor, but after the applicability of regeneration
adjustment factors.
Offroad utility vehicle means a nonroad vehicle that has four or
more wheels, seating for two or more persons, is designed for operation
over rough terrain, and has either a rear payload 350 pounds or more or
seating for six or more passengers. Vehicles intended primarily for
recreational purposes that are not capable of transporting six
passengers (such as dune buggies) are not offroad utility vehicles.
(Note: Sec. 1051.1(a) specifies that some offroad utility vehicles are
required to meet the requirements that apply for all-terrain vehicles.)
Oxides of nitrogen has the meaning we give in 40 CFR part 1065.
Phase 1 means relating to Phase 1 standards of Sec. Sec. 1051.103,
1051.105, or 1051.107, or other Phase 1 standards specified in subpart
B of this part.
Phase 2 means relating to Phase 2 standards of Sec. 1051.103, or
other Phase 2 standards specified in subpart B of this part.
Phase 3 means relating to Phase 3 standards of Sec. 1051.103, or
other Phase 3 standards specified in subpart B of this part.
Placed into service means put into initial use for its intended
purpose.
Point of first retail sale means the location at which the initial
retail sale occurs. This generally means an equipment dealership, but
may also include an engine seller or distributor in cases where loose
engines are sold to the general public for uses such as replacement
engines.
Recreational means, for purposes of this part, relating to
snowmobiles, all-terrain vehicles, off-highway motorcycles, and other
vehicles that we regulate under this part. Note that 40 CFR part 90
applies to engines used in other recreational vehicles.
Revoke has the meaning we give in 40 CFR 1068.30.
Round means to round numbers according to NIST Special Publication
811 (incorporated by reference in Sec. 1051.810), unless otherwise
specified.
Scheduled maintenance means adjusting, repairing, removing,
disassembling, cleaning, or replacing components or systems
periodically to keep a part or system from failing, malfunctioning, or
wearing prematurely. It also may mean actions you expect are necessary
to correct an overt indication of failure or malfunction for which
periodic maintenance is not appropriate.
Small-volume manufacturer means one of the following:
(1) For motorcycles and ATVs, a manufacturer that sold motorcycles
or ATVs before 2003 and had annual U.S.-directed production of no more
than 5,000 off-road motorcycles and ATVs (combined number) in 2002 and
all earlier calendar years. For manufacturers owned by a parent
company, the limit applies to the production of the parent company and
all of its subsidiaries.
(2) For snowmobiles, a manufacturer that sold snowmobiles before
2003 and had annual U.S.-directed production of no more than 300
snowmobiles in 2002
[[Page 54928]]
and all earlier model years. For manufacturers owned by a parent
company, the limit applies to the production of the parent company and
all of its subsidiaries.
(3) A manufacturer that we designate to be a small-volume
manufacturer under Sec. 1051.635.
Snowmobile means a vehicle designed to operate outdoors only over
snow-covered ground, with a maximum width of 1.5 meters or less.
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark-ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Suspend has the meaning we give in 40 CFR 1068.30.
Test sample means the collection of engines selected from the
population of an engine family for emission testing. This may include
testing for certification, production-line testing, or in-use testing.
Test vehicle or engine means an engine in a test sample.
Total hydrocarbon means the combined mass of organic compounds
measured by the specified procedure for measuring total hydrocarbon,
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of
1.85:1.
Total hydrocarbon equivalent means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled
engines. The hydrogen-to-carbon ratio of the equivalent hydrocarbon is
1.85:1.
Ultimate purchaser means, with respect to any new nonroad equipment
or new nonroad engine, the first person who in good faith purchases
such new nonroad equipment or new nonroad engine for purposes other
than resale.
United States has the meaning we give in 40 CFR 1068.30.
Upcoming model year means for an engine family the model year after
the one currently in production.
U.S.-directed production volume means the number of engine units,
subject to the requirements of this part, produced by a manufacturer
for which the manufacturer has a reasonable assurance that sale was or
will be made to ultimate purchasers in the United States.
Useful life means the period during which a vehicle is required to
comply with all applicable emission standards, specified as a number of
kilometers, hours, and/or calendar years. If an engine has no hour
meter, disregard any specified value for useful life in hours. If an
engine has no odmeter, disregard any specified value for useful life in
kilometers. The useful life for an engine family must be at least as
long as both of the following:
(1) The expected average service life before the vehicle is
remanufactured or retired from service.
(2) The minimum useful life value.
Void has the meaning we give in 40 CFR 1068.30.
We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
Wide-open throttle means maximum throttle opening. Unless this is
specified at a given speed, it refers to maximum throttle opening at
maximum speed. For electronically controlled or other engines with
multiple possible fueling rates, wide-open throttle also means the
maximum fueling rate at maximum throttle opening under test conditions.
254. Section 1051.805 is amended by adding ``CFR'', ``HC'', and
``NIST'' to the table in alphabetical order to read as follows:
Sec. 1051.805 What symbols, acronyms, and abbreviations does this
part use?
The following symbols, acronyms, and abbreviations apply to this
part:
CFR--Code of Federal Regulations.
HC--hydrocarbon.
NIST--National Institute of Standards and Technology.
255. Section 1051.810 is revised to read as follows:
Sec. 1051.810 What materials does this part reference?
Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building, Washington, DC 20460 or at the National
Archives and Records Administration (NARA). For information on the
availability of 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) ASTM material. Table 1 of this section lists material from the
American Society for Testing and Materials that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the American
Society for Testing and Materials, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428. Table 1 follows:
Table 1 of Sec. 1051.810--ASTM Materials
------------------------------------------------------------------------
Part 1051
Document number and name reference
------------------------------------------------------------------------
ASTM D471-98, Standard Test Method for Rubber Property-- 1051.501
Effect of Liquids.........................................
ASTM D814-95 (reapproved 2000), Standard Test Method for 1051.245
Rubber Property--Vapor Transmission of Volatile Liquids...
------------------------------------------------------------------------
(b) SAE material. Table 2 of this section lists material from the
Society of Automotive Engineering that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096.
Table 2 follows:
Table 2 of Sec. 1051.810--SAE Materials
------------------------------------------------------------------------
Document number and name Part 1051 reference
------------------------------------------------------------------------
SAE J30, Fuel and Oil Hoses, June 1998......... 1051.245, 1051.501
[[Page 54929]]
SAE J1930, Electrical/Electronic Systems 1051.135
Diagnostic Terms, Definitions, Abbreviations,
and Acronyms, May 1998........................
SAE J2260, Nonmetallic Fuel System Tubing with 1051.245
One or More Layers, November 1996.............
------------------------------------------------------------------------
(c) NIST material. Table 3 of this section lists material from the
National Institute of Standards and Technology that we have
incorporated by reference. The first column lists the number and name
of the material. The second column lists the sections of this part
where we reference it. Anyone may purchase copies of these materials
from the Government Printing Office, Washington, DC 20402 or download
them from the Internet at http://physics.nist.gov/Pubs/SP811/. Table 3
follows:
Table 3 of Sec. 1051.810--NIST Materials
------------------------------------------------------------------------
Part 1051
Document number and name reference
------------------------------------------------------------------------
NIST Special Publication 811, Guide for the Use of the 1051.801
International System of Units (SI), 1995 Edition..........
------------------------------------------------------------------------
256. Section 1051.815 is revised to read as follows:
Sec. 1051.815 What provisions apply to confidential information?
(a) Clearly show what you consider confidential by marking,
circling, bracketing, stamping, or some other method.
(b) We will store your confidential information as described in 40
CFR part 2. Also, we will disclose it only as specified in 40 CFR part
2. This applies both to any information you send us and to any
information we collect from inspections, audits, or other site visits.
(c) If you send us a second copy without the confidential
information, we will assume it contains nothing confidential whenever
we need to release information from it.
(d) If you send us information without claiming it is confidential,
we may make it available to the public without further notice to you,
as described in 40 CFR 2.204.
257. Section 1051.820 is revised to read as follows:
Sec. 1051.820 How do I request a hearing?
(a) You may request a hearing under certain circumstances, as
described elsewhere in this part. To do this, you must file a written
request, including a description of your objection and any supporting
data, within 30 days after we make a decision.
(b) For a hearing you request under the provisions of this part, we
will approve your request if we find that your request raises a
substantial factual issue.
(c) If we agree to hold a hearing, we will use the procedures
specified in 40 CFR part 1068, subpart G.
258.-259. Part 1065 is revised to read as follows:
PART 1065--ENGINE-TESTING PROCEDURES
Subpart A--Applicability and General Provisions
Sec.
1065.1 Applicability.
1065.2 Submitting information to EPA under this part.
1065.5 Overview of this part 1065 and its relationship to the
standard-setting part.
1065.10 Other procedures.
1065.12 Approval of alternate procedures.
1065.15 Overview of procedures for laboratory and field testing.
1065.20 Units of measure and overview of calculations.
1065.25 Recordkeeping.
Subpart B--Equipment Specifications
1065.101 Overview.
1065.110 Dynamometers and operator demand.
1065.120 Fuel properties and fuel temperature and pressure.
1065.122 Engine fluids, heat rejection, and engine accessories.
1065.125 Engine intake air.
1065.130 Engine exhaust.
1065.140 Dilution for gaseous and PM constituents.
1065.145 Gaseous and PM probes, transfer lines, and sampling system
components.
1065.150 Continuous sampling.
1065.170 Batch sampling for gaseous and PM constituents.
1065.190 PM-stabilization and weighing environments for gravimetric
analysis.
1065.195 PM-stabilization environment for in-situ analyzers.
Subpart C--Measurement Instruments
1065.201 Overview and general provisions.
1065.202 Data recording and control.
1065.205 Performance specifications for measurement instruments.
MEASUREMENT OF ENGINE PARAMETERS AND AMBIENT CONDITIONS
1065.210 Speed and torque transducers.
1065.215 Pressure transducers, temperature sensors, and dewpoint
sensors.
FLOW-RELATED MEASUREMENTS
1065.220 Fuel flow meter.
1065.225 Intake-air flow meter.
1065.230 Raw exhaust flow meter.
1065.240 Dilution air and diluted exhaust flow meters.
1065.245 Sample flow meter for batch sampling.
1065.248 Gas divider.
CO AND CO2 MEASUREMENTS
1065.250 Nondispersive infra-red analyzer.
HYDROCARBON MEASUREMENTS
1065.260 Flame ionization detector.
1065.265 Nonmethane cutter.
1065.267 Gas chromatograph.
NOX MEASUREMENTS
1065.270 Chemiluminescent detector.
1065.272 Nondispersive ultraviolet analyzer.
1065.274 Zirconia (ZrO2) analyzer.
O2 MEASUREMENTS
1065.280 Paramagnetic detection analyzer.
1065.284 Zirconia (ZrO2) analyzer.
PM MEASUREMENTS
1065.290 PM gravimetric balance.
1065.295 PM inertial balance for field-testing analysis.
Subpart D--Calibrations and Performance Checks
1065.301 Overview and general provisions.
1065.303 Summary of required calibration and performance checks
1065.305 Performance checks for accuracy, repeatability, and noise.
1065.307 Linearity check.
1065.308 Continuous gas analyzer system response check.
MEASUREMENT OF ENGINE PARAMETERS AND AMBIENT CONDITIONS
1065.310 Torque calibration.
1065.315 Pressure, temperature, and dewpoint calibration.
[[Page 54930]]
FLOW-RELATED MEASUREMENTS
1065.320 Fuel flow calibration.
1065.325 Intake flow calibration.
1065.330 Exhaust flow calibration.
1065.340 Diluted exhaust flow (CVS) calibration.
1065.341 CVS and batch sampler verification (i.e., propane check).
1065.345 Vacuum-side leak check.
CO AND CO2 MEASUREMENTS
1065.350 H2O interference check for CO2 NDIR
analyzers.
1065.355 H2O and CO2 interference check for CO
NDIR analyzers.
HYDROCARBON MEASUREMENTS
1065.360 FID optimization and performance checks.
1065.362 Raw exhaust FID O2 interference check.
1065.365 Nonmethane cutter penetration fractions determination.
NOX MEASUREMENTS
1065.370 CLD CO2 and H2O quench check.
1065.372 NDUV analyzer NMHC and H2O interference check.
1065.374 ZrO2 NOX analyzer NH3
interference and NO2 response checks.
1065.376 Chiller NO2 penetration.
1065.378 NO2-to-NO converter conversion check.
PM MEASUREMENTS
1065.390 PM balance and weighing process performance check.
Subpart E--Engine Selection, Preparation, and Maintenance
1065.401 Test engine selection.
1065.405 Test engine preparation and maintenance.
1065.410 Maintenance limits for stabilized test engines.
1065.415 Durability demonstration.
Subpart F--Running an Emission Test in the Laboratory
1065.501 Overview.
1065.510 Engine mapping.
1065.512 Duty cycle generation.
1065.514 Cycle validation criteria.
1065.520 Pre-test verification procedures and pre-test data
collection.
1065.525 Engine starting, restarting, and shutdown.
1065.530 Emission test sequence.
1065.545 Validation of proportional flow control for batch sampling.
1065.550 Constituent analyzer range validation, drift validation,
and drift correction.
1065.590 PM sample preconditioning and tare weighing.
1065.595 PM sample post-conditioning and total weighing.
Subpart G--Calculations and Data Requirements
1065.601 Overview.
1065.602 Statistics.
1065.605 Field test system overall performance check.
1065.610 Test cycle generation.
1065.630 1980 international gravity formula.
1065.640 PDP and venturi (SSV and CFV) calibration calculations.
1065.642 SSV, CFV, and PDP flow rate calculations.
1065.645 Amount of water in an ideal gas.
1065.650 Emission calculations.
1065.655 Chemical balances of fuel, intake air, and exhaust.
1065.657 Drift validation and correction.
1065.658 Noise correction.
1065.659 Removed water correction.
1065.660 THC and NMHC determination.
1065.665 THCE and NMHCE determination.
1065.667 Dilution air background emission correction.
1065.670 NOX intake-air humidity correction.
1065.672 CLD quench check calculations.
1065.690 PM sample media buoyancy correction.
1065.695 Data requirements.
Subpart H--Engine Fluids, Test Fuels, and Analytical Gases
1065.701 General requirements for test fuels.
1065.703 Distillate diesel fuel.
1065.705 Residual fuel. [Reserved]
1065.710 Gasoline.
1065.715 Natural gas.
1065.720 Liquefied petroleum gas.
1065.740 Lubricants.
1065.745 Coolants.
1065.750 Analytical Gases.
1065.790 Mass standards.
Subpart I--Testing with Oxygenated Fuels
1065.801 Applicability.
1065.805 Sampling system.
1065.810 Calculations.
Subpart J--Field Testing
1065.901 Applicability.
1065.905 General provisions.
1065.910 Field-testing equipment.
1065.915 Measurement instruments.
1065.920 Calibrations and performance checks.
1065.925 Measurement equipment and analyzer preparation.
1065.930 Engine starting, restarting, and shutdown.
1065.935 Emission test sequence.
1065.940 Emission calculations.
Subpart K--Definitions and Other Reference Information
1065.1001 Definitions.
1065.1005 Symbols, abbreviations, acronyms, and units of measure.
1065.1010 Reference materials.
Authority: 42 U.S.C. 7401-7671q.
Subpart A--Applicability and General Provisions
Sec. 1065.1 Applicability.
(a) This part describes the procedures that apply to testing we
require for the following engines or for vehicles using the following
engines:
(1) Model year 2008 and later heavy-duty highway engines we
regulate under 40 CFR part 86. For model years 2006 and 2007,
manufacturers may use the test procedures in this part or those
specified in 40 CFR part 86, subpart N.
(2) Land-based nonroad diesel engines we regulate under 40 CFR part
1039.
(3) Large nonroad spark-ignition engines we regulate under 40 CFR
part 1048.
(4) Vehicles we regulate under 40 CFR part 1051 (such as
snowmobiles and off-highway motorcycles) based on engine testing. See
40 CFR part 1051, subpart F, for standards and procedures that are
based on vehicle testing.
(b) The procedures of this part may apply to other types of
engines, as described in this part and in the standard-setting part.
(c) This part is addressed to you as a manufacturer, but it applies
equally to anyone who does testing for you.
(d) Paragraph (a) of this section identifies the parts of the CFR
that define emission standards and other requirements for particular
types of engines. In this part, we refer to each of these other parts
generically as the ''standard-setting part.'' For example, 40 CFR part
1051 is always the standard-setting part for snowmobiles.
(e) Unless we specify otherwise, the terms ``procedures'' and
``test procedures'' in this part include all aspects of engine testing,
including the equipment specifications, calibrations, calculations, and
other protocols and procedural specifications needed to measure
emissions.
(f) For vehicles subject to this part and regulated under vehicle-
based standards, use good engineering judgment to interpret the term
``engine'' in this part to include vehicles where appropriate.
Sec. 1065.2 Submitting information to EPA under this part.
(a) You are responsible for statements and information in your
applications for certification, requests for approved procedures,
selective enforcement audits, laboratory audits, production-line test
reports, field test reports, or any other statements you make to us
related to this part 1065.
(b) In the standard-setting part and in 40 CFR 1068.101, we
describe your obligation to report truthful and complete information
and the consequences of failing to meet this obligation. See also 18
U.S.C. 1001 and 42 U.S.C. 7413(c)(2).
(c) We may void any certificates associated with a submission of
information if we find that you intentionally submitted false,
incomplete, or misleading information. For example, if we find that you
intentionally submitted incomplete information to mislead EPA when
[[Page 54931]]
requesting approval to use alternate test procedures, we may void the
certificates for all engines families certified based on emission data
collected using the alternate procedures.
(d) We may require an authorized representative of your company to
approve and sign the submission, and to certify that all of the
information submitted is accurate and complete.
(e) See 40 CFR 1068.10 for provisions related to confidential
information. Note however that under 40 CFR 2.301, emission data is
generally not eligible for confidential treatment.
Sec. 1065.5 Overview of this part 1065 and its relationship to the
standard-setting part.
(a) This part specifies procedures that apply generally to testing
various categories of engines. See the standard-setting part for
directions in applying specific provisions in this part for a
particular type of engine. Before using this part's procedures, read
the standard-setting part to answer at least the following questions:
(1) What duty cycles must I use for laboratory testing?
(2) Should I warm up the test engine before measuring emissions, or
do I need to measure cold-start emissions during a warm-up segment of
the duty cycle?
(3) Which exhaust constituents do I need to measure?
(4) Does testing require full-flow dilute sampling? Is raw sampling
acceptable? Is partial-flow sampling acceptable?
(5) Do any unique specifications apply for test fuels?
(6) What maintenance steps may I take before or between tests on an
emission-data engine?
(7) Do any unique requirements apply to stabilizing emission levels
on a new engine?
(8) Do any unique requirements apply to test limits, such as
ambient temperatures or pressures?
(9) Is field testing required, and are there different emission
standards or procedures that apply to field testing?
(10) Are there any emission standards specified at particular
engine-operating conditions or ambient conditions?
(b) The testing specifications in the standard-setting part may
differ from the specifications in this part. In cases where it is not
possible to comply with both the standard-setting part and this part,
you must comply with the specifications in the standard-setting part.
The standard-setting part may also allow you to deviate from the
procedures of this part for other reasons.
(c) The following table shows how this part divides testing
specifications into subparts:
------------------------------------------------------------------------
Describes these specifications or
This subpart. . . procedures. . .
------------------------------------------------------------------------
Subpart A.................... Applicability and general provisions.
Subpart B.................... Equipment for testing.
Subpart C.................... Measurement instruments for testing.
Subpart D.................... Calibration and performance checks for
measurement systems.
Subpart E.................... How to prepare engines for testing,
including service accumulation.
Subpart F.................... How to run an emission test.
Subpart G.................... Test procedure calculations.
Subpart H.................... Fuels, engine fluids, analytical gases,
and other calibration standards for
testing.
Subpart I.................... Special procedures related to oxygenated
fuels.
Subpart J.................... How to do field testing of in-use
vehicles.
Subpart K.................... Definitions, abbreviations, and other
reference information.
------------------------------------------------------------------------
Sec. 1065.10 Other procedures.
(a) Your testing. The procedures in this part apply for all testing
you do to show compliance with emission standards, with certain
exceptions listed in this section. In some other sections in this part,
we allow you to use other procedures (such as less precise or less
accurate procedures) if they do not affect your ability to show that
your engines comply with all applicable emission standards. This
generally requires emission levels to be far enough below the
applicable emission standards so that any errors caused by greater
imprecision or inaccuracy do not affect your ability to state
unconditionally that the engines meet all applicable emission
standards.
(b) Our testing. These procedures generally apply for testing that
we do to determine if your engines comply with applicable emission
standards. We may perform other testing as allowed by the Act.
(c) Exceptions. We may allow or require you to use procedures other
than those specified in this part in the following cases, which may
apply to laboratory testing, field testing, or both:
(1) The procedures in this part are intended to produce emission
measurements equivalent to those that would result from measuring
emissions during in-use operation using the same engine configuration
as installed in a vehicle. If good engineering judgment indicates that
use of the procedures in this part for an engine would result in
measurements that do not represent in-use operation, you must notify
us. If we determine that using these procedures would result in
measurements that are significantly unrepresentative and that changing
the procedures would result in more representative measurements--and
not decrease the stringency of emission standards--we will specify
changes to the procedures. In your notification to us, you should
recommend specific changes you think are necessary.
(2) You may request to use special procedures if your engine cannot
be tested using the specified procedures. We will approve your request
if we determine that it would produce emission measurements that
represent in-use operation and we determine that it can be used to show
compliance with the requirements of the standard-setting part.
The following situations illustrate examples that may require
special procedures:
(i) Your engine cannot operate on the specified duty cycle. In this
case, tell us in writing why you cannot satisfactorily test your engine
using this part's procedures and ask to use a different approach.
(ii) Your electronic control module requires specific input signals
that are not available during dynamometer testing. In this case, tell
us in writing what signals you will simulate, such as vehicle speed or
transmission signals, and explain why these signals are necessary for
representative testing.
(3) In a given model year, you may use procedures required for
later model year engines without request. If you upgrade your testing
facility in stages, you may rely on a combination of procedures for
current and later model year engines as long as you can ensure, using
good engineering judgment, that any combination you use does not affect
your ability to show compliance with the applicable emission standards.
[[Page 54932]]
(4) In a given model year, you may ask to use procedures allowed
for earlier model year engines. We will approve this only if you show
us that using the procedures allowed for earlier model years does not
affect your ability to show compliance with the applicable emission
standards.
(5) You may ask to use emission data collected using other
procedures, such as those of the California Air Resources Board or the
International Organization for Standardization. We will approve this
only if you show us that using these other procedures does not affect
your ability to show compliance with the applicable emission standards.
(6) You may request to use alternate procedures that are equivalent
to allowed procedures. Follow the instructions in Sec. 1065.12. We
will consider alternate procedures equivalent if they are more accurate
or more precise than allowed procedures. You may request to use a
particular device or method for laboratory testing even though it was
originally designed for field testing. We may approve your request by
telling you directly, or we may issue guidance announcing our approval
of a specific alternate procedure, which would make additional requests
for approval unnecessary.
(d) If we require you to request approval to use other procedures
under paragraph (c) of this section, you may not use them until we
approve your request.
Sec. 1065.12 Approval of alternate procedures.
(a) To get approval for an alternate procedure under Sec.
1065.10(c) where necessary, send the Designated Compliance Officer an
initial written request describing the alternate procedure and why you
believe it is equivalent to the specified procedure. We may approve
your request based on this information alone, or, as described in this
section, we may ask you to submit additional information showing that
the alternate procedure is consistently and reliably equivalent to the
specified procedure.
(b) We may make our approval under this section conditional upon
meeting other requirements or specifications. We may limit our approval
to certain time frames, specific types of engines, specific duty
cycles, or specific emission standards.
(c) Although we will make every effort to approve only alternate
procedures that completely meet our requirements, we may revoke our
approval of an alternate procedure if new information shows that it is
significantly not equivalent to the specified procedure. If we do this,
we will grant time to switch to testing using an allowed procedure,
considering the following factors:
(1) The cost, difficulty, and availability to switch to a procedure
that we allow.
(2) The degree to which the alternate procedure affects your
ability to show that your engines comply with all applicable emission
standards.
(3) Any relevant factors considered in our original approval.
(d) If we do not approve your proposed alternate procedure based on
the information in your initial request, we may ask you to send the
following information to fully evaluate your request:
(1) Theoretical basis. Give a brief technical description
explaining why you believe the proposed alternate procedure should
result in emission measurements equivalent to those using the specified
procedure. You may include equations, figures, and references. You
should consider the full range of parameters that may affect
equivalence. For example, for a request to use a different
NOX measurement procedure, you should theoretically relate
the alternate detection principle to the specified detection principle
over the expected concentration ranges for NO, NO2, and
interference gases. For a request to use a different PM measurement
procedure, you should explain the principles by which the alternate
procedure quantifies particulate mass independent of PM size and
composition, and how it is affected by changes in semi-volatile phase
distribution. For any proportioning or integrating procedure, such as a
partial-flow dilution system, you should compare the alternate
procedure's theoretical response to the expected response under the
specified procedure.
(2) Technical description. Describe briefly any hardware or
software needed to perform the alternate procedure. You may include
dimensioned drawings, flowcharts, schematics, and component
specifications. Explain any necessary calculations or other data
manipulation.
(3) Procedure execution. Describe briefly how to perform the
alternate procedure and suggest a level of training an operator should
have to achieve acceptable results. Summarize the installation,
calibration, operation, and maintenance procedures in a step-by-step
format. Describe how any calibration is performed using NIST-traceable
standards or other similar standards we approve. Calibration must be
specified by using known quantities and must not be specified by
comparing with other allowed procedures.
(4) Data-collection techniques. Compare measured emission results
using the proposed alternate procedure and the specified procedure, as
follows:
(i) Both procedures must be calibrated independently to NIST-
traceable standards or to other similar standards we approve.
(ii) Include measured emission results from all applicable duty
cycles. Measured emission results should show that the test engine
meets all applicable emission standards according to specified
procedures.
(iii) Use statistical methods to evaluate the emission
measurements, such as those described in paragraph (e) of this section.
(e) We may give you specific directions regarding methods for
statistical analysis, or we may approve other methods that you propose.
Absent any other directions from us, you may use a t-test and an F-test
calculated according to Sec. 1065.602 to evaluate whether your
proposed alternate procedure is equivalent to the specified procedure.
We recommend that you consult a statistician if you are unfamiliar with
these statistical tests. Perform the tests as follows:
(1) Repeat measurements for all applicable duty cycles at least
seven times for each procedure. You may use laboratory duty cycles to
evaluate field-testing procedures. Be sure to include all available
results to evaluate the precision and accuracy of the proposed
alternate procedure, as described in Sec. 1065.2.
(2) Demonstrate the accuracy of the proposed alternate procedure by
showing that it passes a two-sided t-test. Use an unpaired t-test,
unless you show that a paired t-test is appropriate under both of the
following provisions:
(i) For paired data, the population of the paired differences from
which you sampled paired differences must be independent. That is, the
probability of any given value of one paired difference is unchanged by
knowledge of the value of another paired difference. For example, your
paired data would violate this requirement if your series of paired
differences showed a distinct increase or decrease that was dependent
on the time at which they were sampled.
(ii) For paired data, the population of paired differences from
which you sampled the paired differences must have a normal (i.e.,
Gaussian) distribution. If the population of paired difference is not
normally distributed, consult a statistician for a more appropriate
statistical test, which may include transforming the data with a
[[Page 54933]]
mathematical function or using some kind of non-parametric test.
(3) Show that t is less than the critical t value,
tcrit, tabulated in Sec. 1065.602, for the following
confidence intervals:
(i) 90% for a proposed alternate procedure for laboratory testing.
(ii) 95% for a proposed alternate procedure for field testing.
(4) Demonstrate the precision of the proposed alternate procedure
by showing that it passes an F-test. Use one sample from the reference
procedure and one sample from the alternate procedure to perform an F-
test. The samples must meet the following requirements:
(i) Within each sample, the values must be independent. That is,
the probability of any given value in a sample must be unchanged by
knowledge of another value in that sample. For example, your data would
violate this requirement if your series of values from one of the
samples showed a distinct increase or decrease that was dependent on
the time at which they were sampled.
(ii) For each sample, the population of values from which you
sampled must have a normal (i.e., Gaussian) distribution. If the
population of values is not normally distributed for each sample,
consult a statistician for a more appropriate statistical test, which
may include transforming the data with a mathematical function or using
some kind of non-parametric test.
(iii) The two samples must be independent of each other. That is,
the probability of any given value in one sample must be unchanged by
knowledge of another value in the other sample. For example, your data
would violate this requirement if one sample showed a distinct increase
or decrease that was dependent on a value in the other sample. Note
that a trend of emission changes from an engine would not violate this
requirement.
(iv) If you collect paired data for the paired t-test in paragraph
(e)(2) in this section, you may select some subsets of that data for
the F-test. If you do this, select subsets that do not mask the
precision of the measurement procedure. We recommend selecting such
subsets from data collected using the same engine, measurement
instruments, and test cycle.
(5) Show that F is less than the critical F value,
Fcrit, tabulated in Sec. 1065.602. If you have several F-
test results from several subsets of data, show that the mean F-test
value is less than the mean critical F value for all the subsets.
Evaluate Fcrit, based on the following confidence intervals:
(i) 90% for a proposed alternate procedure for laboratory testing.
(ii) 95% for a proposed alternate procedure for field testing.
Sec. 1065.15 Overview of procedures for laboratory and field testing.
This section outlines the procedures to test engines that are
subject to emission standards.
(a) In the standard-setting part, we set brake-specific emission
standards in g/kW.hr (or g/hp.hr), for the following constituents:
(1) Total oxides of nitrogen, NOX.
(2) Hydrocarbons (HC), which may be expressed in the following
ways:
(i) Total hydrocarbons, THC.
(ii) Nonmethane hydrocarbons, NMHC, which results from subtracting
methane (CH4) from THC.
(iii) Total hydrocarbon-equivalent, THCE, which results from
adjusting THC mathematically to be equivalent on a carbon-mass basis.
(iv) Nonmethane hydrocarbon-equivalent, NMHCE, which results from
adjusting NMHC mathematically to be equivalent on a carbon-mass basis.
(3) Particulate mass, PM.
(4) Carbon monoxide, CO.
(b) Note that some engines are not subject to standards for all the
emission constituents identified in paragraph (a) of this section.
(c) We set brake-specific emission standards over test intervals,
as follows:
(1) Engine operation. Engine operation is specified over a test
interval. A test interval is the time over which an engine's total mass
of emissions and its total work are determined. Refer to the standard-
setting part for the specific test intervals that apply to each engine.
Testing may involve measuring emissions and work under the following
types of engine operation:
(i) Laboratory testing. Under this type of testing, you determine
brake-specific emissions for duty-cycle testing with an engine and
dynamometer in a laboratory. This typically consists of one or more
test intervals, each defined by a sequence of speeds and torques, which
an engine must follow. If the standard-setting part allows it, you may
also simulate field testing by running an engine on a dynamometer in a
laboratory.
(ii) Field testing. This type of testing consists of normal in-use
engine operation while an engine is installed in a vehicle.
(2) Constituent determination. Determine the total mass of each
constituent over a test interval by selecting from the following
methods:
(i) Continuous sampling. In continuous sampling, measure the
constituent's concentration continuously from raw or dilute exhaust.
Multiply this concentration by the corresponding (synchronous) flow
rate of the raw or dilute exhaust from which it is sampled to determine
the constituent's flow rate. Integrate the constituent's flow rate
continuously over the test interval to determine the total mass of the
emitted constituent.
(ii) Batch sampling. In batch sampling, continuously extract and
store a sample of raw or dilute exhaust for later measurement. Extract
a sample proportional to the raw or dilute exhaust flow rate. You may
extract and store a proportional sample of exhaust in an appropriate
container, such as a bag, and then measure HC, CO, and NOX
concentrations in the container after the test interval. You may
deposit PM from proportionally extracted exhaust onto an appropriate
substrate, such as a filter. In this case, divide the PM by the amount
of filtered exhaust to calculate the PM concentration. Multiply batch
sampling amounts by the total flow (raw or dilute) from which it was
extracted during the test interval. This product is the total mass of
the emitted constituent.
(iii) You may use continuous and batch sampling simultaneously
during a test interval, as follows:
(A) You may use continuous sampling for some constituents and batch
sampling for others.
(B) You may use continuous and batch sampling for a single
constituent, with one being a redundant measurement. See Sec. 1065.201
for more information on redundant measurements.
(3) Work determination. Determine work over a test interval by one
of the following methods:
(i) Speed and torque. For laboratory testing, synchronously
multiply speed and brake torque to calculate instantaneous values for
engine brake power. Integrate engine brake power over a test interval
to determine total work.
(ii) Fuel consumed and brake-specific fuel consumption. Directly
measure fuel consumed or calculate it with chemical balances of the
fuel, intake air, and exhaust. To calculate fuel consumed by a chemical
balance, you must also measure either intake-air flow rate or exhaust
flow rate. Divide the fuel consumed during a test interval by the
brake-specific fuel consumption to determine work over the test
interval. For laboratory testing, calculate the brake-specific fuel
consumption using fuel consumed and speed and torque over a test
interval. For field testing, refer to the standard-setting part and
[[Page 54934]]
Sec. 1065.915 for selecting an appropriate value for brake-specific
fuel consumption.
(d) Refer to Sec. 1065.650 for calculations to determine brake-
specific emissions.
(e) See Figure 1 of Sec. 1065.15 for an illustration of the
default laboratory measurement configuration and the other allowed
measurement configurations described in this part 1065.
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Sec. 1065.20 Units of measure and overview of calculations.
(a) System of units. The procedures in this part generally follow
the International System of Units (SI), as detailed in NIST Special
Publication 811, 1995 Edition, ``Guide for the Use of the International
System, of Units (SI),'' which we incorporate by reference in Sec.
1065.1010. This document is available on the Internet at http://physics.nist.gov/Pubs/SP811/contents.html. Note the following
exceptions:
[[Page 54935]]
(1) We designate rotational frequency of an engine's crankshaft in
revolutions per minute (rev/min), rather than the SI unit of reciprocal
seconds (1/s). This is based on the commonplace use of rev/min in many
engine dynamometer laboratories. Also, we use the symbol fn
to identify rotational frequency in rev/min, rather than the SI
convention of using n. This avoids confusion with our usage of the
symbol n for a molar quantity.
(2) We designate brake-specific emissions in grams per kilowatt-
hour (g/kW.hr), rather than the SI unit of grams per megajoule (g/MJ).
This is based on the fact that engines are generally subject to
emission standards expressed in g/kW.hr. If we specify engine standards
in grams per horsepower.hour (g/hp.hr) in the standard-setting part,
convert units as specified in paragraph (d) of this section.
(3) We designate temperatures in units of degrees Celsius ([deg]C)
unless a calculation requires an absolute temperature. In that case, we
designate temperatures in units of Kelvin (K). For conversion purposes
throughout this part, 0 [deg]C equals 273.15 K.
(b) Concentrations. This part does not rely on amounts expressed in
parts per million or similar units. Rather, we express such amounts in
the following SI units:
(1) For ideal gases, [micro]mol/mol, formerly ppm (volume).
(2) For all substances, [micro]m3/m3,
formerly ppm (volume).
(3) For all substances, mg/kg, formerly ppm (mass).
(c) Absolute pressure. Measure absolute pressure directly calculate
it as the sum of barometric pressure plus a differential pressure that
is referenced to barometric pressure.
(d) Units conversion. Use the following conventions to convert
units:
(1) Testing. You may record values and perform calculations with
other units. For testing with equipment that involves other units, use
the conversion factors from NIST Special Publication 811, as described
in paragraph (a) of this section.
(2) Humidity. In this part, we identify humidity levels by
specifying dewpoint, which is the temperature at which pure water
begins to condense out of air. Use humidity conversions as described in
Sec. 1065.645.
(3) Emission standards. For engines that are subject to emission
standards in other units, see Sec. 1065.650 to convert emission
results for comparison to emission standards.
(e) Rounding. Round only final values, not intermediate values.
Round values based on the number of significant figures necessary to
match the applicable standard or specification.
(f) Interpretation of ranges. In this part, we specify ranges such
as ``10 % of maximum pressure'', ``(40 to 50) kPa'', or
``(30 10) kPa''. Interpret a range as a tolerance unless we
explicitly identify it as an accuracy, repeatability, linearity, or
noise specification. See Sec. 1065.1001 for the definition of
Tolerance.
(g) Scaling of specifications with respect to a standard. Because
this part 1065 is applicable to a wide range of engines, some of the
specifications in this part are scaled with respect to an engine's
emission standard or maximum power. This ensures that the specification
will be adequate to determine compliance, but not overly burdensome by
requiring unnecessarily high-precision equipment. Many of these
specifications are given with respect to a ``flow-weighted average''
that is expected at the standard. Flow-weighted average means the
average of a quantity after it is weighted proportional to a
corresponding flow rate. For example, if a gas concentration is
measured continuously from the raw exhaust of an engine, its flow-
weighted average concentration is the sum of the products of each
recorded concentration times its respective exhaust flow rate, divided
by the number of recorded values. As another example, the bag
concentration from a CVS system is the same as the flow-weighted
average concentration, because the CVS system itself flow-weights the
bag concentration.
Sec. 1065.25 Recordkeeping.
The procedures in this part include various requirements to record
data or other information. Refer to the standard-setting part regarding
recordkeeping requirements. If the standard-setting part does not
specify recordkeeping requirements, store these records in any format
and on any media and keep them readily available for one year after you
send an associated application for certification, or one year after you
generate the data if they do not support an application for
certification. You must promptly send us organized, written records in
English if we ask for them. We may review them at any time.
Subpart B--Equipment Specifications
Sec. 1065.101 Overview.
(a) This subpart specifies equipment, other than measurement
instruments, related to emission testing. This includes three broad
categories of equipment--dynamometers, engine fluids and systems, and
emission-sampling hardware. Figure 1 of Sec. 1065.101 illustrates the
equipment specified in this subpart.
(b) Other related subparts in this part identify measurement
instruments (subpart C), describe how to evaluate the performance of
these instruments (subpart D), and specify engine fluids and analytical
gases (subpart H).
(c) Subpart J of this part describes additional equipment that is
specific to field testing.
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Sec. 1065.110 Dynamometers and operator demand.
(a) Dynamometers. Use an engine dynamometer that is able to meet
the cycle validation criteria in Sec. 1065.514 over each applicable
duty cycle.
(1) Eddy-current and water-brake dynamometers may generally be used
for any testing that does not involve engine motoring, which is
identified by negative torque commands in a duty cycle.
(2) Alternating-current and direct-current motoring dynamometers
may generally be used for any type of testing.
(3) A combination of dynamometers may be used in series.
(b) Operator demand. Command the operator demand and the
dynamometer to follow the prescribed duty cycle with set points for
engine speed and torque at 5 Hz or more frequently. Use a mechanical or
electronic input to control operator demand such that the engine is
able to meet the validation criteria in Sec. 1065.514 over each
applicable duty cycle. Record feedback values for engine speed and
torque at 5 Hz or more frequently for evaluating performance relative
to the cycle validation criteria. Using good engineering judgment, you
may improve control of operator demand by altering on-engine speed and
torque controls. However, if these changes result in unrepresentative
testing, you must notify us and recommend other test procedures under
Sec. 1065.10(c)(2).
Sec. 1065.120 Fuel properties and fuel temperature and pressure.
(a) Use fuels as specified in subpart H of this part.
(b) If the engine manufacturer specifies fuel temperature and
pressure tolerances at the inlet to the fuel injection pump or other
location, measure this fuel temperature and pressure to show that you
stay within the tolerances throughout testing.
Sec. 1065.122 Engine fluids, heat rejection, and engine accessories.
(a) Lubricating oil. Use lubricating oils specified in Sec.
1065.740.
(b) Engine cooling. Cool the engine during testing so its intake-
air, oil, coolant, block, and head temperatures are within their
expected ranges for normal operation. Measure temperatures at the
manufacturer-specified locations. You may use auxiliary engine fans
subject to the provisions of paragraph (c) of this section. For liquid-
cooled engines, use coolant as specified in Sec. 1065.745.
(c) Engine accessories. You may install or simulate the load of
engine accessories required to fuel, lubricate, or heat the engine,
circulate coolant to the engine, or to operate aftertreatment devices.
Operate the engine with these accessories installed or simulated during
all testing operations, including mapping. If these accessories are not
powered by the engine during a test, subtract the work required to
perform these functions from the total work used in brake-specific
emission calculations. Subtract engine-fan work from total work only
for air-cooled engines.
(d) Engine starter. You may install a production-type starter.
Sec. 1065.125 Engine intake air.
(a) Use the intake-air system installed on the engine or one that
represents a typical in-use configuration.
(b) Measure temperature, humidity, and barometric pressure near the
entrance to the engine's air filter, or at the inlet to the air intake
system for engines that have no air filter. You may use a central
laboratory barometer as long as your equipment for handling intake air
maintains ambient pressure where you test the engine within 1 % of the
central laboratory barometer pressure. You may use a single humidity
measurement for intake air from a shared air handler instead of a local
intake-air humidity measurement.
(c) Use an air-intake restriction that represents production
engines. Make sure the intake-air restriction is between the
manufacturer's specified maximum for a clean filter and the
manufacturer's specified maximum allowed. Measure this value at the
location and at the speed and torque set points specified by the
manufacturer. As the manufacturer, you are liable for emission
compliance for all values up to the maximum restriction you specify for
a particular engine.
(d) If you simulate charge-air cooling, use a laboratory charge-air
cooling system with a total intake-air capacity that represents
production engines' in-use installation. Maintain coolant conditions as
follows:
(1) Maintain a coolant temperature of at least 20 [deg]C at the
inlet to the charge-air cooler throughout testing.
(2) At maximum engine power, set the coolant flow rate to achieve
an air temperature within 5 [deg]C of the value specified
by the manufacturer at the charge-air cooler outlet. Measure the air-
outlet temperature at the location specified by the manufacturer. Use
this coolant flow rate throughout testing, unless it prevents you from
being able to determine compliance with the applicable standards.
Sec. 1065.130 Engine exhaust.
(a) Use the exhaust system installed with the engine or one that
represents a typical in-use configuration. This includes any applicable
aftertreatment devices. If the exhaust system for testing is not one
that is installed with the engine, or if you add a length of exhaust
tubing to the installed exhaust system, observe the following
specifications:
(1) Position any aftertreatment device so its distance from the
nearest exhaust manifold flange or turbocharger outlet is within the
range specified by the engine manufacturer in the application for
certification. If this distance is not specified, position
aftertreatment devices to represent a typical vehicle configuration.
(2) Use exhaust tubing upstream of any aftertreatment device with a
diameter that represents a typical in-use configuration. Position each
aftertreatment device in the exhaust stream in a way that represents
production engines.
(3) Downstream of the outlet of the exhaust manifold, turbocharger
or last aftertreatment device, use tubing materials that are smooth-
walled, electrically conductive, and not reactive with exhaust
constituents. Stainless steel is an acceptable material. Minimize tube
lengths. Use thin-walled or air gap-insulated tubing to minimize
temperature differences between the wall and the exhaust. You may
install short sections of flexible tubing at connection points--up to
20 % of the total length of exhaust tubing.
(b) Use a length of up to 65 diameters of tubing from the outlet of
the exhaust manifold, turbocharger or last aftertreatment device to any
raw sampling probe or dilution stage. Insulate any length of exhaust
tubing beyond the first 25 diameters of length.
(c) You may insert instruments into the exhaust tubing, such as an
in-line smoke meter. If you do this, you may leave a length of up to 5
diameters of exhaust tubing uninsulated on each side of each
instrument, but you may leave a length of no more than 25 diameters of
tubing uninsulated in total, including any lengths adjacent to in-line
instruments.
(d) Electrically ground the entire exhaust system.
(e) Unless the standard-setting part specifies otherwise, you may
do forced cool-down of aftertreatment devices using good engineering
judgment to prepare for cold-start testing. For example, you may set up
a system to send cooling air through an aftertreatment system. In this
case, good engineering judgment would indicate that you should send
cooling air with a
[[Page 54938]]
temperature of at least 15 [deg]C in the normal direction of exhaust
flow, and that you should not start flowing cool air until the
aftertreatment system has cooled below its catalytic activation
temperature. For platinum group metal catalysts, this temperature is
about 200 [deg]C. In no case may you use a cooling procedure that
results in unrepresentative emissions (see Sec. 1065.10(c)(1)).
(f) Use an exhaust restriction that represents the performance of
production engines. Make sure the exhaust restriction is 80 % to 100 %
of the maximum exhaust restriction specified by the manufacturer.
Measure this value at the location and at the speed and torque set
points specified by the manufacturer. As the manufacturer, you are
liable for emission compliance for all values up to the maximum
restriction you specify for a particular engine.
(g) Route open crankcase emissions directly into the exhaust system
for emission measurement, as allowed by the standard-setting part, as
follows:
(1) Use tubing materials that are smooth-walled, electrically
conductive, and not reactive with crankcase emissions. Stainless steel
is an acceptable material. Minimize tube lengths. We also recommend
using heated or thin-walled or air gap-insulated tubing to minimize
temperature differences between the wall and the crankcase emission
constituents. You may install short sections of flexible tubing at
connection points--up to 20 % of the total length of crankcase exhaust
tubing.
(2) Use a length of crankcase exhaust tubing that does not exceed
the length of your engine exhaust tubing. Measure this from the exit of
the engine's crankcase system to the point where it enters the raw
exhaust tubing.
(3) Minimize the number of bends in the crankcase exhaust tubing
and maximize the radius of any unavoidable bend.
(4) Use crankcase exhaust tubing that meets the engine
manufacturer's specifications for crankcase back pressure.
(5) Connect the crankcase exhaust tubing into the raw exhaust
downstream of any aftertreatment system and downstream of any installed
exhaust restriction. Extend the crankcase exhaust tube into the free
stream of exhaust to avoid boundary-layer effects and to promote
mixing. The crankcase exhaust tube's outlet may be oriented in any
direction relative to the raw exhaust flow.
Sec. 1065.140 Dilution for gaseous and PM constituents.
(a) General. You may dilute exhaust with ambient air, synthetic
air, or nitrogen that is at least 15 [deg]C. Note that the composition
of dilution air affects some measurement instruments for gaseous
constituents. We recommend diluting exhaust at a location as close as
possible to the location where ambient air dilution would occur in use.
(b) Dilution-air conditions and background concentrations. You may
precondition the dilution air by increasing or decreasing its
temperature or humidity. You may also remove constituents to reduce
their background concentrations. The following provisions apply to
removing constituents or accounting for background concentrations:
(1) You may measure constituent concentrations in the dilution air
and compensate for their background effect on test results. Measure
these background concentrations the same way you measure diluted
exhaust constituents. See Sec. 1065.650 for calculations that
compensate for background concentrations.
(2) For measuring PM, we recommend that you filter all dilution
air, including primary full-flow dilution air, with high-efficiency
particulate air (HEPA) filters. Ensure that HEPA filters are installed
properly so that background PM does not leak past the HEPA filters. If
you correct for background PM instead of using HEPA filtration,
demonstrate that the background PM in the dilution air contributes less
than 50% to the net PM collected.
(c) Full-flow dilution; constant-volume sampling (CVS). You may
dilute the full flow of raw exhaust in a dilution tunnel that maintains
a nominally constant-volume flow rate of diluted exhaust, as follows:
(1) Construction. Use a tunnel with inside surfaces of 300 series
stainless steel. Electrically ground the entire dilution tunnel. We
recommend a thin-walled or air gap-insulated dilution tunnel to
minimize temperature differences between the wall and the exhaust
gases.
(2) Pressure control. Maintain the static pressure in the dilution
tunnel within 1 % of the barometric pressure at the location where raw
exhaust is introduced into the tunnel. You may use a booster blower to
control this pressure. If you show that your engines require more
careful pressure control in the dilution tunnel, we will maintain the
static pressure of the dilution tunnel within your specification as low
as 0.25% of barometric pressure when we test your engines.
(3) Mixing. Introduce raw exhaust into the tunnel by directing it
downstream along the centerline of the tunnel. You may introduce a
fraction of dilution air radially from the tunnel's inner surface to
minimize exhaust interaction with the tunnel walls. You may configure
the system with turbulence generators such as orifice plates or fins to
achieve good mixing. We recommend a minimum Reynolds number,
Re of 4000 for the diluted exhaust stream, where
Re is based on the diameter of the dilution tunnel.
Re is defined in Sec. 1065.640.
(4) Flow measurement preconditioning. You may condition the diluted
exhaust before measuring its total flow rate, as long as this
conditioning takes place downstream of any sample probes, as follows:
(i) You may use flow straighteners, pulsation dampeners, or both of
these.
(ii) You may use a filter.
(iii) You may use a heat exchanger to control the temperature of
the diluted exhaust flow.
(5) Flow measurement. Section 1065.240 describes measurement
instruments for diluted exhaust flow.
(6) Aqueous condensation. You may either prevent aqueous
condensation throughout the dilution tunnel or you may measure humidity
at the flow-measurement inlet. Note that preventing aqueous
condensation involves more than keeping pure water in a vapor phase
(see Sec. 1065.1001). Calculations in Sec. 1065.650 account for
either method of addressing humidity in the diluted exhaust.
(7) Flow compensation. Maintain nominally constant molar flow of
diluted exhaust (in mol/s). Control temperature and pressure at the
flow meter or compensate for temperature-related or pressure-related
flow variations by directly controlling the flow of diluted exhaust or
by directly controlling the flow of proportional samplers. For an
individual test, validate proportional sampling as described in Sec.
1065.545.
(d) Partial-flow dilution (PFD). Except as specified in this
paragraph (d), you may dilute a partial flow of raw or previously
diluted exhaust before measuring emissions. Section 1065.240 describes
instrument specifications for PFD-related flow measurement. PFD may
consist of constant or varying dilution ratios as described in
paragraphs (d)(2) and (3) of this section.
(1) Exceptions. (i) You may not use PFD if the standard-setting
part does not allow it.
(ii) You may use PFD for extracting a proportional PM sample for
laboratory measurement over transient and ramped-modal duty cycles only
if we
[[Page 54939]]
have explicitly approved it as equivalent to the specified procedure
for full-flow CVS under Sec. 1065.10. Note that you may generally use
PFD to extract a proportional PM sample for laboratory measurement over
steady-state duty cycles and for any field-testing measurements.
(2) Constant dilution-ratio PFD. Do one of the following for
constant dilution-ratio PFD:
(i) Dilute an already proportional flow. For example, you may do
this as a way of performing secondary dilution from a CVS tunnel to
achieve temperature control for PM sampling.
(ii) Continuously measure constituent concentrations. For example,
you might dilute to precondition a sample of raw exhaust to control its
temperature, humidity, or constituent concentrations upstream of
continuous analyzers. In this case, you must take into account the PFD
dilution ratio before multiplying the continuous concentration by the
sampled exhaust flow rate.
(iii) Extract a proportional sample from the constant dilution
ratio PFD system. For example, you might use a variable-flow pump to
proportionally fill a gaseous storage medium such as a bag from a PFD
system. In this case, the proportional sampling must meet the same
specifications as varying dilution ratio PFD in paragraph (d)(3) of
this section.
(3) Varying dilution-ratio PFD. All the following provisions apply
for varying dilution-ratio PFD:
(i) Use a feedback control loop with sensors and actuators that can
maintain proportional sampling over intervals as short as 200 ms (i.e.,
5 Hz control).
(ii) For feedback input, you may use any continuous sensor output
from any measurement, including intake-air flow, fuel flow, exhaust
flow, engine speed, or intake manifold temperature and pressure.
(iii) You may use preprogrammed data or time delays if they have
been determined for the specific test site, duty cycle, and test engine
from which you dilute emissions.
(iv) We recommend that you run practice cycles to meet the
validation criteria in Sec. 1065.545. You must validate every emission
test by meeting the validation criteria with the data from that
specific test, not from practice cycles or other tests.
(v) You may not use a PFD system that requires preparatory tuning
or calibration with a CVS or with the emission results from a CVS.
(e) Dilution and temperature control of PM samples. Dilute PM
samples at least once upstream of transfer lines. You may dilute PM
samples upstream of a transfer line via full-flow dilution or via
partial-flow dilution immediately downstream of a PM probe. Control
sample temperature to (47 5) [deg]C, as measured anywhere
within 20 cm upstream or downstream of the PM storage media. Measure
this temperature with a bare-wire junction thermocouple with wires that
are (0.500 0.025) mm diameter, or with another suitable
instrument that has equivalent performance. Cool the PM sample
primarily by dilution.
Sec. 1065.145 Gaseous and PM probes, transfer lines, and sampling
system components.
(a) Continuous and batch sampling. Determine the total mass of each
constituent with continuous or batch sampling, as described in Sec.
1065.15(c)(2). Both types of sampling systems have probes, transfer
lines, and other sampling system components that are described in this
section.
(b) Gaseous and PM sample probes. A probe is the first fitting in a
sampling system. It protrudes into a raw or diluted exhaust stream to
extract a sample, such that its inside and outside surfaces are in
contact with the exhaust. A sample is transported out of a probe into a
transfer line, as described in paragraph (c) of this section. The
following provisions apply to probes:
(1) Probe design and construction. Use sample probes with inside
surfaces of 300 series stainless steel. Locate sample probes where
constituents are mixed to their mean sample concentration. Take into
account the mixing of any crankcase emissions that may be routed into
the raw exhaust. Locate each probe to minimize interference with the
upstream flow of other probes. We recommend that all probes remain free
from influences of boundary layers, wakes, and eddies--especially near
the outlet of a raw-exhaust tailpipe where unintended dilution might
occur. Make sure that purging or back-flushing of a probe does not
influence another probe during testing. You may use a single probe to
extract a sample of more than one constituent as long as the probe
meets all the specifications for each constituent.
(2) Gaseous sample probes. Use either single-port or multi-port
probes for sampling gaseous emissions. You may orient these probes in
any direction. For some probes, you must control sample temperatures,
as follows:
(i) For probes that extract NOX from diluted exhaust,
control the probe's wall temperature to prevent aqueous condensation.
(ii) For probes that extract hydrocarbons for NMHC or NMHCE
analysis from the diluted exhaust of compression-ignition engines, 2-
stroke spark-ignition engines, or 4-stroke spark-ignition engines below
19 kW, maintain a probe wall temperature of (191 11)
[deg]C.
(3) PM sample probes. Use PM probes with a single opening at the
end. Orient PM probes to face directly upstream. Do not shield a PM
probe's opening with a PM pre-classifier such as a hat. We recommend
sizing the inside diameter of PM probes to approximate isokinetic
sampling at the expected mean flow rate.
(c) Transfer lines. You may use transfer lines to transport an
extracted sample from a probe to an analyzer, storage medium, or
dilution system. Minimize the length of all transfer lines by locating
analyzers, storage media, and dilution systems as close to probes as
practical. We recommend that you minimize the number of bends in
transfer lines and that you maximize the radius of any unavoidable
bend. Avoid using 90[deg] elbows, tees, and cross-fittings in transfer
lines. Where such connections and fittings are necessary, take steps,
using good engineering judgment, to ensure that you meet the
temperature tolerances in this paragraph (c). This may involve
measuring temperature at various locations within transfer lines and
fittings. You may use a single transfer line to transport a sample of
more than one constituent, as long as the transfer line meets all the
specifications for each constituent. The following construction and
temperature tolerances apply to transfer lines:
(1) Gaseous samples. Use transfer lines with inside surfaces of 300
series stainless steel, PTFE, or Viton\TM\. You may use in-line filters
if they do not react with exhaust constituents and if the filter and
its housing meet the same temperature requirements as the transfer
lines, as follows:
(i) For NOX transfer lines upstream of an
NO2-to-NO converter, maintain a sample temperature that
prevents aqueous condensation.
(ii) For THC transfer lines for testing compression-ignition
engines, 2-stroke spark-ignition engines, or 4-stroke spark-ignition
engines below 19 kW, maintain a wall temperature throughout the entire
line of (191 11) [deg]C. If you sample from raw exhaust,
you may connect an unheated, insulated transfer line of 300 series
stainless steel directly to a probe. Design the length and insulation
of the transfer line to cool the highest expected raw exhaust
temperature to no lower than 191 [deg]C, as measured at the transfer
line's outlet.
[[Page 54940]]
(2) PM samples. We recommend heated transfer lines or a heated
enclosure to minimize temperature differences between transfer lines
and exhaust constituents. Use transfer lines that are inert with
respect to PM and are electrically conductive on the inside surfaces.
We recommend using PM transfer lines made of 300 series stainless
steel. Electrically ground the inside surface of PM transfer lines.
(d) Optional sample-conditioning components for gaseous and PM
sampling. You may use the following sample-conditioning components to
prepare samples for analysis, as long as you do not install or use them
in a way that adversely affects your ability to show that your engines
comply with all applicable emission standards.
(1) NO2-to-NO converter. You may use an NO2-to-NO
converter that meets the efficiency-performance check specified in
Sec. 1065.378 at any point upstream of a NOX analyzer or
storage medium.
(2) Sample dryer. You may use either of the following types of
sample dryers to decrease the effects of water on emission
measurements; you may not use a chemical dryer:
(i) Osmotic-membrane. You may use an osmotic-membrane dryer
upstream of any analyzer or storage medium, as long as it meets the
temperature specifications in paragraph (c)(1) of this section. Because
osmotic-membrane dryers may deteriorate after prolonged exposure to
certain exhaust constituents, consult with the membrane manufacturer
regarding your application before incorporating an osmotic-membrane
dryer. Monitor the dewpoint, Tdew, and absolute pressure, Pdew,
downstream of an osmotic-membrane dryer. You may use continuously
recorded values of Tdew and Pdew in the amount of water calculations
specified in Sec. 1065.645. If you do not continuously record these
values, you may use their peak values observed during a test or their
alarm setpoints as constant values in the calculations specified in
Sec. 1065.645. You may also use a nominal Pdew, which you may estimate
as the dryer's lowest absolute pressure expected during testing.
(ii) Thermal chiller. You may use a thermal chiller upstream of
some gaseous constituent analyzers and storage media. You may not use a
thermal chiller upstream of a THC measurement system for compression-
ignition engines, 2-stroke spark-ignition engines, or 4-stroke spark-
ignition engines below 19 kW. If you use a thermal chiller upstream of
an NO2-to-NO converter or in a sampling system without an
NO2-to-NO converter, the chiller must meet the
NO2 loss-performance check specified in Sec. 1065.376.
Monitor the dewpoint, Tdew, and absolute pressure, Pdew, downstream of
a thermal chiller. You may use continuously recorded values of Tdew and
Pdew in the emission calculations specified in Sec. 1065.650. If you
do not continuously record these values, you may use their peak values
observed during a test or their alarm setpoints as constant values in
the amount of water calculations specified in Sec. 1065.645. You may
also use a nominal Pdew, which you may estimate as the dryer's lowest
absolute pressure expected during testing. If you can justify assuming
the degree of saturation in the thermal chiller, you may calculate Tdew
based on the known chiller efficiency and continuous monitoring of
chiller temperature, Tchiller. If you do not continuously record values
of Tchiller, you may use its peak value observed during a test, or its
alarm setpoint, as a constant value to determine a constant amount of
water according to Sec. 1065.645. If you can justify that Tchiller is
equal to Tdew, you may use Tchiller in lieu of Tdew according to Sec.
1065.645.
(3) Sample pumps. You may use sample pumps upstream of an analyzer
or storage medium for any gaseous constituent. Use sample pumps with
inside surfaces of 300 series stainless steel or PTFE. For some sample
pumps, you must control temperatures, as follows:
(i) You may use a NOX sample pump upstream of an
NO2-to-NO converter if it is heated to prevent aqueous
condensation.
(ii) For testing compression-ignition engines, 2-stroke spark-
ignition engines, or 4-stroke compression ignition engines below 19 kW,
you may use a THC sample pump upstream of a THC analyzer or storage
medium if its inner surfaces are heated to (191 11) [deg]C.
(4) PM sample conditioning components. You may condition PM samples
to minimize positive and negative biases to PM results, as follows:
(i) You may use a PM preclassifier to remove large-diameter
particles. The PM preclassifier may be either an inertial impactor or a
cyclonic separator. It must be constructed of 300 series stainless
steel. The preclassifier must be rated to remove at least 50% of PM at
an aerodynamic diameter of 10 [mu]m and no more than 1% of PM at an
aerodynamic diameter of 1 [mu]m over the range of flow rates that you
use it. Follow the preclassifier manufacturer's instructions for any
periodic servicing that may be necessary to prevent a buildup of PM.
Install the preclassifier in the dilution system downstream of the last
dilution stage. Configure the preclassifier outlet with a means of
bypassing any PM sample media so the preclassifier flow may be
stabilized before starting a test. Locate PM sample media within 50 cm
downstream of the preclassifier's exit.
(ii) You may request to use other PM conditioning components
upstream of a PM preclassifier, such as components that condition
humidity or remove gaseous-phase hydrocarbons. You may use such
components only if we approve them under Sec. 1065.10.
Sec. 1065.150 Continuous sampling.
You may use continuous sampling techniques for measurements that
involve raw or dilute sampling. Connect continuous analyzers directly
to probes or transfer lines. Make sure continuous analyzers meet the
specifications in subpart C of this part. Because continuous
concentration measurements must be multiplied by continuous flow
measurements, use good engineering judgment to account for time delays
and dispersion as described in Sec. 1065.201.
Sec. 1065.170 Batch sampling for gaseous and PM constituents.
You may use batch-sampling techniques for measurements that involve
dilute sampling. You may use batch-sampling techniques for raw sampling
only if we approve it as an alternative procedure under Sec. 1065.10.
(a) Sampling methods. For batch sampling, extract the sample at a
rate proportional to the exhaust flow. If you extract from a constant-
volume flow rate, sample at a constant-volume flow rate. If you extract
from a varying flow rate, vary the sample rate in proportion to the
varying flow rate. Validate proportional sampling after an emission
test as described in Sec. 1065.545. Use storage media that do not
artificially increase or decrease measured emission levels.
(b) Gaseous sample storage media. Store gas volumes in clean
containers that do not off-gas emissions or allow permeation of
CO2 or any other exhaust emissions through the material. To
clean a container, you may repeatedly purge and evacuate a container
and you may heat it. You may use a super-critical CO2
extraction technique to evaluate container materials for CO2
permeability. Use containers meeting the following specifications:
(1) You may store gas volumes in TedlarTM or
KynarTM containers (such as bags) up 40 [deg]C for analyzing
CO, CO2, O2, CH4,
C2H6, C3H8 and
NOX, as long as you prevent aqueous condensation. For
testing engines other than compression-ignition engines, two-stroke
spark-ignition engines, or 4-
[[Page 54941]]
stroke engines below 19 kW, you may also store THC in these containers.
You may request to use other container materials under Sec. 1065.10.
(2) You may store gas volumes using containers with inside surfaces
of 300 series stainless steel or PTFE at (191 11) [deg]C
for analysis of any gaseous constituent. You may use a flexible volume
within a heated chamber, or you may use a heated, rigid container that
is initially evacuated or has a volume that can be displaced, such as a
piston and cylinder arrangement.
(c) PM sample media. For measuring PM to show that engines meet an
emission standard below 0.05 g/kW.hr, collect PM mass at a minimum
efficiency of 99.7 %. If the applicable PM standard is at or above 0.05
g/kW.hr, collect PM mass at a minimum efficiency of 98 %. Demonstrate
PM collection efficiency using ASTM D 2986-95a (incorporated by
reference in Sec. 1065.1010). Apply the following methods for sampling
particulate emissions:
(1) If you use filter-based sampling media to extract and store PM
for measurement, it must have the following specifications:
(i) It must be circular, with an overall diameter of 46.50 0.6 mm, have an exposed diameter of at least 38 mm, and have a
thickness at the sealing portions of the filter cassette of 0.4 0.05 mm. See the cassette specifications in paragraph (c)(1)(v)
of this section.
(ii) For measuring PM to show that engines meet an emission
standard below 0.05 g /kW.hr, use a PTFE filter material that does not
have any flow-through support bonded to the back and has an overall
thickness of 40 20 mm. An inert polymer ring may be bonded
to the periphery of the filter material for support and for sealing
between the filter cassette parts. We consider Polymethylpentene (PMP)
an inert material for a support ring, but other inert materials may be
used. See the cassette specifications in paragraph (c)(1)(v) of this
section. If the applicable PM standard is at or above 0.05 g/kW.hr, you
may use PTFE or PTFE-coated glass fiber filter material.
(iii) To minimize turbulent deposition and to deposit PM evenly on
a filter, use a 12.5 [deg] (from center) divergent cone angle to
transition from the transfer-line inside diameter to the exposed
diameter of the filter face. Use 300 series stainless steel for this
transition.
(iv) Maintain sample velocity at the filter face at or below 100
cm/s, where filter face velocity is the measured volumetric flow rate
of the sample at the pressure and temperature upstream of the filter
face, divided by the filter's exposed area.
(v) Use a clean cassette designed to the specifications of Figure 1
of Sec. 1065.170 and made of one of the following materials:
DelrinTM, 300 series stainless steel, polycarbonate,
acrylonitrile-butadiene-styrene (ABS) resin, or conductive
polypropylene. Use a material that is inert to any solvents or
detergents that you use to periodically clean the filter holder and
screen. We recommend that you periodically clean the filter cassette
and screen with a solvent such as ethanol
(C2H5OH). Your cleaning frequency will depend on
your engine's PM and HC emissions.
(vi) If you store filters in cassettes in an automatic PM sampler,
cover or seal individual filter cassettes after sampling to prevent
communication of semi-volatile matter from one filter to another.
(2) You may use other PM sample media that we approve under Sec.
1065.10, including non-filtering techniques. For example, you might
deposit PM on an inert, nonporous substrate that collects PM via
electrostatic, thermophoresis, inertia, diffusion, or some other
deposition mechanism, as approved.
(3) When we test your engines, we will use the same PM sample media
that you used for testing comparable engines.
BILLING CODE 6560-50-P
[[Page 54942]]
[GRAPHIC] [TIFF OMITTED] TP10SE04.007
Sec. 1065.190 PM-stabilization and weighing environments for
gravimetric analysis.
(a) This section describes the environments required to weigh PM
(i.e., gravimetric analysis). This includes a PM-stabilization
environment and a balance environment. The two environments may share a
common space. These volumes may be rooms in which PM is weighed, or
they may be much smaller, such as a glove box or an automated weighing
system consisting of one or more countertop-sized environments.
[[Page 54943]]
(b) Keep the PM-stabilization and balance environments free of
ambient contaminants, such as dust, aerosols, or semi-volatile material
that could contaminate PM samples, as follows:
(1) We recommend that these environments conform with an ``as-
built'' Class Six clean room specification under ISO 14644-1
(incorporated by reference in Sec. 1065.1010); however, we also
recommend that you deviate from ISO 14644-1 as necessary to minimize
air motion that might affect balance stability. We recommend maximum
air-supply and air-return velocities of 0.05 m/s in the balance
environment.
(2) Monitor the cleanliness of the PM-stabilization environment
using reference filters, as described in Sec. 1065.390(b).
(c) Maintain the following ambient conditions:
(1) Ambient temperature. Maintain the balance environment at (22
1) [deg]C. If the two environments share a common space,
maintain both environments at (22 1) [deg]C. If they are
separate, maintain the PM-stabilization environment at (22 3) [deg]C.
(2) Dewpoint. Maintain a dewpoint of 9.5 [deg]C. This dewpoint will
control the amount of water associated with sulfuric acid
(H2SO4) PM, such that 1.1368 [mu]g of water will
be associated with each mg of H2SO4.
(3) Dewpoint tolerance. If the expected fraction of sulfuric acid
in PM is unknown, we recommend controlling dewpoint at within 1 [deg]C. This would limit any dewpoint-related change in PM to
less than 2%, even for PM that is 50% sulfuric acid. If
you know your expected fraction of sulfuric acid in PM, we recommend
that you select an appropriate dewpoint tolerance for showing
compliance with emission standards using the following table as a
guide:
Table 1 of Sec. 1065.190--Dewpoint Tolerance as a Function of % PM
Change and % Sulfuric Acid PM
------------------------------------------------------------------------
0.5% minus>1.0% minus>2.0%
of PM PM mass PM mass PM mass
change change change
------------------------------------------------------------------------
5%............................... 3.0 minus>6.0 minus>12
[deg]C [deg]C [deg]C
50%.............................. 0.30 minus>0.60 minus>1.2
[deg]C [deg]C [deg]C
100%............................. 0.15 minus>0.30 minus>0.60
[deg]C [deg]C [deg]C
------------------------------------------------------------------------
(d) Measure the following ambient conditions using measurement
instruments that meet the specifications in subpart C of this part:
(1) Continuously measure dewpoint and ambient temperature. Use
these values to determine if the PM-stabilization and balance
environments have remained within the tolerances specified in paragraph
(c) of this section. We recommend that you provide an interlock that
automatically prevents the balance from reporting values if either of
the environments have not been within the applicable tolerances for the
past 30 min.
(2) Continuously measure barometric pressure. Provide a means to
record the most recent barometric pressure when you weigh each PM
sample. Use this value to calculate the PM buoyancy correction in Sec.
1065.690.
(e) We recommend that you install a balance as follows:
(1) Install the balance on a vibration-isolation platform to
isolate it from external noise and vibration.
(2) Shield the balance from convective airflow with a static-
dissipating draft shield that is electrically grounded.
(3) Follow the balance manufacturer's specifications for all
preventive maintenance.
(4) Operate the balance manually or as part of an automated
weighing system.
(f) Minimize static electric charge in the balance environment, as
follows:
(1) Electrically ground the balance.
(2) Use 300 series stainless steel tweezers if PM samples must be
handled manually.
(3) Ground tweezers with a grounding strap, or provide a grounding
strap for the operator such that the grounding strap shares a common
ground with the balance. Make sure grounding straps have an appropriate
resistor to protect operators from accidental shock.
(4) Provide a static-electricity neutralizer that is electrically
grounded in common with the balance to remove static charge from PM
samples, as follows:
(i) You may use radioactive neutralizers such as a Polonium
(210Po) source. Replace radioactive sources at the intervals
recommended by the neutralizer manufacturer.
(ii) You may use other neutralizers, such as a corona-discharge
ionizer. If you use a corona-discharge ionizer, we recommend that you
monitor it for neutral net charge according to the ionizer
manufacturer's recommendations.
(5) We recommend that you use a device to monitor the static charge
of PM sample media surfaces.
Sec. 1065.195 PM-stabilization environment for in-situ analyzers.
(a) This section describes the environment required to determine PM
in-situ. For in-situ analyzers, such as an inertial balance, this is
the environment within a PM sampling system that surrounds the PM
sample media. This is typically a very small volume.
(b) Maintain the environment free of ambient contaminants, such as
dust, aerosols, or semi-volatile material that could contaminate PM
samples. Filter all air used for stabilization with HEPA filters.
Ensure that HEPA filters are installed properly so that background PM
does not leak past the HEPA filters.
(c) Maintain the following thermodynamic conditions within the
environment before measuring PM:
(1) Ambient temperature. Select a nominal ambient temperature,
Tamb between (42 and 52) [deg]C. Maintain the ambient
temperature within 1 [deg]C of the selected nominal value.
(2) Dewpoint. Select a dewpoint, Tdew that corresponds
to Tamb such that Tdew = (0.95.Tamb-
11.40) [deg]C. The resulting dewpoint will control the amount of water
associated with sulfuric acid (H2SO4) PM, such
that 1.1368 grams of water will be associated with each gram of
H2SO4. For example, if you select a nominal
ambient temperature of 47 [deg]C, set a dewpoint of 33.3 [deg]C.
(3) Dewpoint tolerance. If the expected fraction of sulfuric acid
in PM is unknown, we recommend controlling dewpoint within
1 [deg]C. This would limit any dewpoint-related change in PM to less
than 2%, even for PM that is 50% sulfuric acid. If you
know your expected fraction of sulfuric acid in PM, we recommend that
you select an appropriate dewpoint tolerance for showing compliance
with emission standards using the following table as a guide:
[[Page 54944]]
Table 1 of Sec. 1065.195--Dewpoint Tolerance as a Function of % PM
Change and % Sulfuric Acid PM
------------------------------------------------------------------------
0.5% minus>1.0% minus>2.0%
of PM PM mass PM mass PM mass
change change change
------------------------------------------------------------------------
5%............................... 3.0 minus>6.0 minus>12
[deg]C [deg]C [deg]C
50%.............................. 0.30 minus>0.60 minus>1.2
[deg]C [deg]C [deg]C
100%............................. 0.15 minus>0.30 minus>0.60
[deg]C [deg]C [deg]C
------------------------------------------------------------------------
(4) Absolute pressure. Maintain an absolute pressure of (80.000 to
103.325) kPa. Use good engineering judgment to maintain a more
stringent tolerance of absolute pressure if your PM measurement
instrument requires it.
(d) Continuously measure dewpoint, temperature, and pressure using
measurement instruments that meet the specifications in subpart C of
this part. Use these values to determine if the stabilization
environment is within the tolerances specified in paragraph (c) of this
section. Do not use any PM quantities that are recorded when any of
these parameters exceed the applicable tolerances.
(e) If you use an inertial PM balance, we recommend that you
install it as follows:
(1) Isolate the balance from any external noise and vibration that
is within a frequency range that could affect the balance.
(2) Follow the balance manufacturer's specifications.
(f) If static electricity affects an inertial balance, you may use
a static neutralizer, as follows:
(1) You may use a radioactive neutralizer such as a Polonium
(210Po) source or a Krypton (85Kr) source.
Replace radioactive sources at the intervals recommended by the
neutralizer manufacturer.
(2) You may use other neutralizers, such as a corona-discharge
ionizer. If you use a corona-discharge ionizer, we recommend that you
monitor it for neutral net charge according to the ionizer
manufacturer's recommendations.
(3) We recommend that you use a device to monitor the static charge
of PM sample media surfaces.
Subpart C--Measurement Instruments
Sec. 1065.201 Overview and general provisions.
(a) Scope. This subpart specifies measurement instruments and
associated system requirements related to emission testing. This
includes instruments for measuring engine parameters, ambient
conditions, flow-related parameters, and emission concentrations.
(b) Instrument types. You may use any of the specified instruments
as described in this subpart to perform emission tests. If you want to
use one of these instruments in a way that is not specified in this
subpart, or if you want to use a different instrument, you must first
get us to approve your alternate procedure under Sec. 1065.10. Where
we specify more than one instrument for a particular measurement, we
identify which instrument serves as the reference for showing that an
alternative procedure is equivalent to the specified procedure.
(c) Measurement systems. Assemble a system of measurement
instruments that allows you to show that your engines comply with the
applicable emission standards, using good engineering judgment. When
selecting instruments, consider how conditions such as vibration,
temperature, pressure, humidity, viscosity, specific heat, and exhaust
composition (including trace concentrations) may affect instrument
compatibility and performance.
(d) Redundant systems. For all measurement instruments described in
this subpart, you may use data from multiple instruments to calculate
test results for a single test. If you use redundant systems, use good
engineering judgment to use multiple measured values in calculations or
to disregard individual measurements. Note that you must keep your
results from all measurements, as described in Sec. 1065.25.
(e) Range. You may use an instrument's response above 100% of its
operating range if this does not affect your ability to show that your
engines comply with the applicable emission standards. Note that we
require additional testing and reporting if an analyzer responds above
100% of its range. See Sec. 1065.550. Auto-ranging analyzers do not
require additional testing or reporting.
(f) Dispersion. For transient emission tests with continuous
sampling where continuous signals from two or more instruments are
combined in emission calculations, use dispersion to align the signals
if the fastest instrument has a response time less than 75% of the
slowest and at least one instrument has a response time greater than 1
s. Perform dispersion according to SAE 2001-01-3536 (incorporated by
reference in Sec. 1065.1010). Steady-state emission tests and any
tests with batch sampling systems do not require dispersion. You may
disperse data during or after data collection, but if you use time-
alignment as described in paragraph (g) of this section, always perform
dispersion before time-alignment.
(g) Time-alignment. For transient emission tests with continuous
sampling where continuous signals from two or more instruments are
combined in emission calculations, time-align their signals to account
for measurement system delays. Steady-state emission tests and any
tests with batch sampling systems do not require time-alignment. You
may time-align data during or after data collection, but if you use
dispersion as described in paragraph (f) of this section, always
perform dispersion before time-alignment. Time-align data to the
nearest recorded interval. An example of time-alignment is shifting a
series of concentration measurements to coincide with their respective
exhaust flow measurements to account for a transport delay in a sample
line.
(h) Related subparts for laboratory testing. Subpart D of this part
describes how to evaluate the performance of the measurement
instruments in this subpart. Other related subparts in this part
identify specifications for other types of equipment (subpart B), and
specify engine fluids and analytical gases (subpart H).
(i) Field testing. Subpart J of this part describes how to use
these and other measurement instruments for field testing.
Sec. 1065.202 Data recording and control.
Your test system must be able to record data and control systems
related to operator demand, the dynamometer, sampling equipment, and
measurement instruments. Use data acquisition and control systems that
can record at the specified minimum frequencies, as follows:
[[Page 54945]]
Table 1 of Sec. 1065.202.--Data Recording and Control Minimum Frequencies
----------------------------------------------------------------------------------------------------------------
Applicable section Measured values Minimum frequency
----------------------------------------------------------------------------------------------------------------
Sec. 1065.510................. Speed and torque during 1 mean value per step.
an engine step-map.
Sec. 1065.510................. Speed and torque during 1 Hz averages of 5 Hz samp.
an engine sweep-map.
Sec. 1065.514, Sec. 1065.530 Duty cycle reference 5 Hz.
and feedback speeds
and torques for
control and recording.
Sec. 1065.520, Sec. Continuous 1 Hz.
1065.530, Sec. 1065.550. concentrations of raw
or dilute analyzers.
Sec. 1065.520, Sec. Batch concentrations of 1 mean value per test interval.
1065.530, Sec. 1065.550. raw or dilute
analyzers.
Sec. 1065.530, Sec. 1065.545 Diluted exhaust flow 1 Hz.
rate from a CVS with a
heat exchanger.
Sec. 1065.530, Sec. 1065.545 Diluted exhaust flow 5 Hz.
rate from a CVS
without a heat
exchanger.
Sec. 1065.530, Sec. 1065.545 Intake-air, dilution- 5 Hz.
air, or raw-exhaust
flow rate.
Sec. 1065.530, Sec. 1065.545 Sample flow from a CVS 1 Hz.
that has a heat
exchanger.
Sec. 1065.530, Sec. 1065.545 Sample flow from a CVS 5 Hz.
does not have a heat
exchanger.
----------------------------------------------------------------------------------------------------------------
Sec. 1065.205 Performance specifications for measurement instruments.
Your test system as a whole must meet all the applicable
calibrations, performance checks, and test-validation criteria
specified in subparts D and F of this part (and subpart J of this part
for field testing). We recommend that you take the following steps to
ensure that your test system performs adequately:
(a) Meet the specifications for individual measurement instruments
in Table 1 of this section. For instruments with multiple ranges, this
applies to all the ranges you use for testing. The accuracy
specifications represent deviations from a true value or a calibration-
standard value.
(b) Sample and record the quantity at the rate specified in Table 1
of this section if your instrument meets the rise time and fall time in
the table. Note that Sec. 1065.308 requires that the product of the
rise time and the frequency to be 5 or greater for continuous-analyzer
systems.
(c) Keep any documentation from instrument manufacturers showing
that instruments meet specifications.
Table 1 of Sec. 1065.205.--Recommended Performance Specifications for Measurement Instruments
----------------------------------------------------------------------------------------------------------------
Complete
system
Measured rise Recording
Measurement instrument quantity time and update Accuracy\a\ Repeatability\a\ Noise\a\
symbol fall frequency
time
----------------------------------------------------------------------------------------------------------------
Engine speed transducer...... fn...... 1 s..... 5 Hz..... 2.0 % of pt. or 1.0 % of pt..... 0.05 % of max
0.5 % of max... 0.25 % of max...
Engine torque transducer..... T....... 1 s..... 5 Hz..... 2.0 % of pt. or 1.0 % of pt..... 0.05 % of max
1.0 % of max... 0.5 % of max....
General pressure transducer p....... 5 s..... 1 Hz..... 2.0 % of pt. or 1.0 % of pt..... 0.1 % of max
(not a part of another 1.0 % of max... 0.50 % of max...
instrument).
Barometer.................... Pbarom.. 50 s.... 0.1 Hz... 50 Pa.......... 25 Pa........... 5 Pa
Temperature sensor for PM- T....... 50 s.... 0.1 Hz... 0.25 [deg]C.... 0.1 [deg]C...... 0.02 [deg]C
stabilization and balance
environments.
Other temperature sensor (not T....... 5 s..... 1 Hz..... 2 [deg]C....... 1 [deg]C........ 0.2 [deg]C
a part of another
instrument).
Dewpoint sensor for PM- Tdew.... 50 s.... 0.1 Hz... 0.25 [deg]C.... 0.1 [deg]C...... 0.02 [deg]C
stabilization and balance
environments.
Other dewpoint sensor........ Tdew.... 50 s.... 0.1 Hz... 1 [deg]C....... 0.5 [deg]C...... 0.1 [deg]C
Fuel flow meter (Fuel m....... 5 s..... 1 Hz..... 2.0 % of pt. or 1.0 % of pt..... 0.5 % of max.
totalizer in parentheses). (N/A)... (N/A).... 1.5 % of max... 0.75 % of max...
Diluted exhaust meter........ n....... 5 s..... 1 Hz..... 2.0 % of pt. or 1.0 % of pt..... 1.0 % of max
1.5 % of max... 0.75 % of max...
Dilution air, inlet air, n....... 1 s..... 5 Hz..... 2.5 % of pt. or 1.25 % of pt.... 1.0 % of max
exhaust, and sample flow 1.5 % of max... 0.75 % of max...
meters.
Constituent concentration, x....... 5 s..... 1 Hz..... 2.0 % of pt.... 1.0 % of pt..... 0.2 % of max
continuous analyzer. 2.0 % of meas.. 1.0 % of meas...
Constituent concentration, x....... N/A..... N/A...... 2.0 % of pt.... 1.0 % of pt..... 0.2 % of max
batch analyzer. 2.0 % of meas.. 1.0 % of meas...
Gravimetric PM balance....... mPM..... N/A..... N/A...... See Sec. 0.25 [mu]g...... 0.1 [mu]g
1065.790.
[[Page 54946]]
Inertial PM balance.......... mPM..... 5 s..... 1 Hz..... 2.0 % of pt.... 1.0 % of pt..... 0.2 % of max.
2.0 % of meas.. 1.0 % of meas...
----------------------------------------------------------------------------------------------------------------
a Accuracy, repeatability, and noise are determined with the same collected data, as described in Sec.
1065.305. ``pt.'' refers to a single point at the average value expected during testing at the standard--the
reference value used in Sec. 1065.305; ``max.'' refers to the maximum value expected during testing at the
standard over any test interval, not the maximum of the instrument's range; ``meas'' refers to the flow-
weighted average measured value during any test interval.
Measurement of Engine Parameters and Ambient Conditions
Sec. 1065.210 Speed and torque transducers.
(a) Application. Use instruments as specified in this section to
measure engine speed and torque during engine operation.
(b) Component requirements. We recommend that you use speed and
torque transducers that meet the specifications in Table 1 of Sec.
1065.205. Note that your overall systems for measuring engine speed and
torque must meet the linearity checks in Sec. 1065.307.
(c) Speed. Use a magnetic or optical shaft-position detector with a
resolution of at least 6[deg] arc, in combination with a frequency
counter that rejects common-mode noise.
(d) Torque. You may use a variety of methods to determine engine
torque. As needed, and based on good engineering judgment, compensate
for torque induced by the inertia of accelerating and decelerating
components connected to the flywheel, such as the drive shaft and
dynamometer rotor. Use any of the following methods to determine engine
torque:
(1) Measure torque by mounting a strain gage in-line between the
engine and dynamometer.
(2) Measure torque by mounting a strain gage on a lever arm
connected to the dynamometer housing.
(3) Calculate torque from internal dynamometer signals, such as
armature current, as long as you calibrate this measurement as
described in Sec. 1065.310.
Sec. 1065.215 Pressure transducers, temperature sensors, and dewpoint
sensors.
(a) Application. Use instruments as specified in this section to
measure pressure, temperature, and dewpoint.
(b) Component requirements. We recommend that you use pressure
transducers and temperature and dewpoint sensors that meet the
specifications in Table 1 of Sec. 1065.205. Note that your overall
systems for measuring pressure, temperature, and dewpoint must meet the
calibration and performance checks in Sec. 1065.315.
(c) Temperature. For PM-balance environments or other precision
temperature measurements, we recommend thermistors. For other
applications we recommend thermocouples that are not grounded to the
thermocouple sheath. You may use other temperature sensors, such as
resistive temperature detectors (RTDs).
(d) Pressure. Pressure transducers must control their internal
temperature or compensate for temperature changes over their expected
operating range. Transducer materials must be compatible with the fluid
being measured. For barometric pressure or other precision pressure
measurements, we recommend either capacitance-type or laser-
interferometer transducers. For other applications, we recommend either
strain gauge or capacitance-type pressure transducers. You may use
other pressure-measurement instruments, such as manometers, where
appropriate.
(e) Dewpoint. For PM-stabilization environments, we recommend
chilled-surface hygrometers. For other applications, we recommend thin-
film capacitance sensors. You may use other dewpoint sensors, such as a
wet-bulb/dry-bulb psychrometer, where appropriate.
Flow-Related Measurements
Sec. 1065.220 Fuel flow meter.
(a) Application. You may use fuel flow in combination with a
chemical balance of carbon (or oxygen) between the fuel, inlet air, and
raw exhaust to calculate raw exhaust flow as described in Sec.
1065.650, as follows:
(1) Use the actual value of calculated raw exhaust flow rate in the
following cases:
(i) For multiplying raw exhaust flow rate with continuously sampled
concentrations.
(ii) For multiplying total raw exhaust flow with batch-sampled
concentrations.
(2) In the following cases, you may use a signal that does not give
the actual value of raw exhaust, as long as it is linearly proportional
to the exhaust flow rate's actual calculated value:
(i) For feedback control of a proportional sampling system, such as
a partial-flow dilution system.
(ii) For multiplying with continuously sampled constituent
concentrations, if the same signal is used in a chemical-balance
calculation to determine work from brake-specific fuel consumption and
fuel consumed.
(b) Component requirements. We recommend that you use a fuel flow
meter that meets the specifications in Table 1 of Sec. 1065.205. We
recommend a fuel flow meter that measures mass directly, such as one
that relies on gravimetric or inertial measurement principles. This may
involve using a meter with one or more scales for weighing fuel or
using a Coriolis meter. Note that your overall system for measuring
fuel flow must meet the linearity check in Sec. 1065.307 and the
calibration and performance checks in Sec. 1065.320.
(c) Recirculating fuel. In any fuel-flow measurement, account for
any fuel that bypasses the engine or returns from the engine to the
fuel storage tank.
(d) Flow conditioning. For any type of fuel flow meter, condition
the flow if needed to prevent wakes, eddies, circulating flows, or flow
pulsations from affecting the accuracy or repeatability of the meter.
You may accomplish this by using a sufficient length of straight tubing
(such as a
[[Page 54947]]
length equal to 10 pipe diameters) or by using specially designed
tubing bends, orifice plates or straightening fins to establish a
predictable velocity profile upstream of the meter.
Sec. 1065.225 Intake-air flow meter.
(a) Application. You may use an intake-air flow meter in
combination with a chemical balance of carbon (or oxygen) between the
fuel, inlet air, and raw exhaust to calculate raw exhaust flow as
described in Sec. 1065.650, as follows:
(1) Use the actual value of calculated raw exhaust in the following
cases:
(i) For multiplying raw exhaust flow rate with continuously sampled
concentrations.
(ii) For multiplying total raw exhaust flow with batch-sampled
concentrations.
(2) In the following cases, you may use a signal that does not give
the actual value of raw exhaust, as long as it is linearly proportional
to the exhaust flow rate's actual calculated value:
(i) For feedback control of a proportional sampling system, such as
a partial-flow dilution system.
(ii) For multiplying with continuously sampled constituent
concentrations, if the same signal is used in a chemical-balance
calculation to determine work from brake-specific fuel consumption and
fuel consumed.
(b) Component requirements. We recommend that you use an intake-air
flow meter that meets the specifications in Table 1 of Sec. 1065.205.
This may include a laminar flow element, an ultrasonic flow meter, a
subsonic venturi, a thermal-mass meter, an averaging Pitot tube, or a
hot-wire anemometer. Note that your overall system for measuring
intake-air flow must meet the linearity check in Sec. 1065.307 and the
calibration in Sec. 1065.325.
(c) Flow conditioning. For any type of intake-air flow meter,
condition the flow if needed to prevent wakes, eddies, circulating
flows, or flow pulsations from affecting the accuracy or repeatability
of the meter. You may accomplish this by using a sufficient length of
straight tubing (such as a length equal to 10 pipe diameters) or by
using specially designed tubing bends, orifice plates or straightening
fins to establish a predictable velocity profile upstream of the meter.
Sec. 1065.230 Raw exhaust flow meter.
(a) Application. You may use measured raw exhaust flow, as follows:
(1) Use the actual value of calculated raw exhaust in the following
cases:
(i) Multiply raw exhaust flow rate with continuously sampled
concentrations.
(ii) Multiply total raw exhaust with batch sampled concentrations.
(2) In the following cases, you may use a signal that does not give
the actual value of raw exhaust, as long as it is linearly proportional
to the exhaust flow rate's actual calculated value:
(i) For feedback control of a proportional sampling system, such as
a partial-flow dilution system.
(ii) For multiplying with continuously sampled constituent
concentrations, if the same signal is used in a chemical-balance
calculation to determine work from brake-specific fuel consumption and
fuel consumed.
(b) Component requirements. We recommend that you use a raw-exhaust
flow meter that meets the specifications in Table 1 of Sec. 1065.205.
This may involve using an ultrasonic flow meter, a subsonic venturi, an
averaging Pitot tube, a hot-wire anemometer, or other measurement
principle. This would generally not involve a laminar flow element or a
thermal-mass meter. Note that your overall system for measuring raw
exhaust flow must meet the linearity check in Sec. 1065.307 and the
calibration and performance checks in Sec. 1065.330.
(c) Flow conditioning. For any type of raw exhaust flow meter,
condition the flow if needed to prevent wakes, eddies, circulating
flows, or flow pulsations from affecting the accuracy or repeatability
of the meter. You may accomplish this by using a sufficient length of
straight tubing (such as a length equal to 10 pipe diameters) or by
using specially designed tubing bends, orifice plates or straightening
fins to establish a predictable velocity profile upstream of the meter.
(d) Exhaust cooling. You may cool raw exhaust upstream of a raw-
exhaust flow meter, as long as you observe all the following
provisions:
(1) Do not sample PM downstream of the cooling device.
(2) Do not sample NMHC downstream of the cooling device for
compression-ignition engines, 2-stroke spark-ignition engines, and 4-
stroke spark ignition engines below 19 kW if it causes exhaust
temperatures above 202 [deg]C to decrease to below 180 [deg]C.
(3) Do not sample NOX downstream of the cooling device
if it causes aqueous condensation.
(4) If cooling causes aqueous condensation before the flow reaches
the raw-exhaust flow meter, measure dewpoint and pressure at the flow
meter's inlet. Use this dewpoint for emission calculations in Sec.
1065.650.
Sec. 1065.240 Dilution air and diluted exhaust flow meters.
(a) Application. Use a diluted exhaust flow meter to determine
instantaneous diluted exhaust flow rates or total diluted exhaust flow
over a test interval. You may use the difference between a diluted
exhaust flow meter and a dilution air meter to calculate raw exhaust
flow rates or total raw exhaust flow over a test interval.
(b) Component requirements. We recommend that you use a diluted
exhaust flow meter that meets the specifications in Table 1 of Sec.
1065.205. Note that your overall system for measuring diluted exhaust
flow must meet the linearity check in Sec. 1065.307 and the
calibration and performance checks in Sec. 1065.340 and Sec.
1065.341. You may use the following meters:
(1) For constant-volume sampling (CVS) of the total flow of diluted
exhaust, you may use a critical-flow venturi (CFV), a positive-
displacement pump (PDP), a subsonic venturi (SSV), or an ultrasonic
flow meter (UFM). Combined with an upstream heat exchanger, either a
CFV or a PDP will also function as a passive flow controller in a CVS
system. However, you may also combine any flow meter with any active
flow control system to maintain proportional sampling of exhaust
constituents. You may control the total flow of diluted exhaust, or one
or more sample flows, or a combination of these flow controls to
maintain proportional sampling.
(2) For any other dilution system, you may use a laminar flow
element, an ultrasonic flow meter, a subsonic venturi, critical-flow
venturis, a positive-displacement meter, a thermal-mass meter, an
averaging Pitot tube, or a hot-wire anemometer.
(c) Flow conditioning. For any type of diluted exhaust flow meter,
condition the flow if needed to prevent wakes, eddies, circulating
flows, or flow pulsations from affecting the accuracy or repeatability
of the meter. For some meters, you may accomplish this by using a
sufficient length of straight tubing (such as a length equal to 10 pipe
diameters) or by using specially designed tubing bends, orifice plates
or straightening fins to establish a predictable velocity profile
upstream of the meter.
(d) Exhaust cooling. You may cool diluted exhaust upstream of a
diluted exhaust flow meter. If cooling causes aqueous condensation
before the flow reaches the meter, then measure the dewpoint and
pressure at the flow meter's inlet. Use this dewpoint and pressure for
emission calculations in Sec. 1065.650.
[[Page 54948]]
Sec. 1065.245 Sample flow meter for batch sampling.
(a) Application. Use a sample flow meter to determine sample flow
rates or total flow sampled into a batch sampling system over a test
interval. You may use the difference between a diluted exhaust sample
flow meter and a dilution air meter to calculate raw exhaust flow rates
or total raw exhaust flow over a test interval.
(b) Component requirements. We recommend that you use a sample flow
meter that meets the specifications in Table 1 of Sec. 1065.205. This
may involve a laminar flow element, an ultrasonic flow meter, a
subsonic venturi, critical-flow venturis, a positive-displacement
meter, a thermal-mass meter, an averaging Pitot tube, or a hot-wire
anemometer. Note that your overall system for measuring sample flow
must meet the linearity check in Sec. 1065.307
(c) Flow conditioning. For any type of sample flow meter, condition
the flow if needed to prevent wakes, eddies, circulating flows, or flow
pulsations from affecting the accuracy or repeatability of the meter.
For some meters, you may accomplish this by using a sufficient length
of straight tubing (such as a length equal to 10 pipe diameters) or by
using specially designed tubing bends, orifice plates or straightening
fins to establish a predictable velocity profile upstream of the meter.
Sec. 1065.248 Gas divider.
(a) Application. You may use a gas divider to blend calibration
gases.
(b) Component requirements. Use a gas divider that blends gases to
the specifications of Sec. 1065.750 and to the flow-weighted
concentrations expected during testing. You may use critical-flow gas
dividers, capillary-tube gas dividers, or thermal-mass-meter gas
dividers. Note that your overall gas-divider system must meet the
linearity check in Sec. 1065.307.
CO and CO2 Measurements
Sec. 1065.250 Nondispersive infra-red analyzer.
(a) Application. Use a nondispersive infra-red (NDIR) analyzer to
measure CO and CO2 concentrations in raw or diluted exhaust
for either batch or continuous sampling.
(b) Component requirements. We recommend that you use an NDIR
analyzer that meets the specifications in Table 1 of Sec. 1065.205.
Note that your NDIR-based system must meet the calibration and
performance checks in Sec. 1065.350 and Sec. 1065.355 and, for
continuous measurement, it must also meet the linearity check in Sec.
1065.307.
Hydrocarbon Measurements
Sec. 1065.260 Flame ionization detector.
(a) Application. Use a flame ionization detector (FID) analyzer to
measure hydrocarbon concentrations in raw or diluted exhaust for either
batch or continuous sampling. Determine hydrocarbon concentrations on a
carbon number basis of one (1), C1. Determine methane and
nonmethane hydrocarbon values as described in paragraph (e) of this
section. See subpart I of this part for special provisions that apply
to measuring hydrocarbons when testing with oxygenated fuels.
(b) Component requirements. We recommend that you use a FID
analyzer that meets the specifications in Table 1 of Sec. 1065.205.
Note that your FID-based system for measuring THC must meet all of the
performance checks for hydrocarbon measurement in subpart D of this
part.
(c) Heated FID analyzers. For diesel-fueled engines, two-stroke
spark-ignition engines, and four-stroke spark-ignition engines below 19
kW, you must use heated FID analyzers that maintain all surfaces that
are exposed to emissions at a temperature of (191 11)
[deg]C.
(d) FID fuel and burner air. Use FID fuel and burner air that meet
the specifications of Sec. 1065.750. Do not allow the FID fuel and
burner air to mix before entering the FID analyzer to ensure that the
FID analyzer operates with a diffusion flame and not a premixed flame.
(e) Methane. FID analyzers measure total hydrocarbons (THC). To
determine nonmethane hydrocarbons (NMHC), quantify methane,
CH4, either with a nonmethane cutter and a FID analyzer as
described in Sec. 1065.265, or with a gas chromatograph as described
in Sec. 1065.267. Instead of measuring methane, you may consider that
2% of measured total hydrocarbons is methane, as described in Sec.
1065.660. For a FID analyzer used to determine NMHC, determine its
response factor to CH4, RFCH4, as described in
Sec. 1065.360. Note that NMHC-related calculations are described in
Sec. 1065.660.
Sec. 1065.265 Nonmethane cutter.
(a) Application. You may use a nonmethane cutter to measure
CH4 with a FID analyzer. A nonmethane cutter oxidizes all
nonmethane hydrocarbons to CO2 and H2O. Instead
of measuring methane, you may consider that 2% of measured total
hydrocarbons is methane, as described in Sec. 1065.660. You may use a
nonmethane cutter for raw or diluted exhaust for batch or continuous
sampling.
(b) System performance. Determine nonmethane-cutter performance as
described in Sec. 1065.365 and use the results to calculate NMHC
emission in Sec. 1065.660.
(c) Configuration. Configure the nonmethane cutter with a bypass
line for the performance check described in Sec. 1065.365.
(d) Optimization. You may optimize a nonmethane cutter to maximize
the penetration of CH4 and the oxidation of all other
hydrocarbons. You may dilute a sample with purified air or oxygen
(O2) upstream of the nonmethane cutter to optimize its
performance. You must account for any sample dilution in emission
calculations.
Sec. 1065.267 Gas chromatograph.
(a) Application. You may use a gas chromatograph to measure
CH4 concentrations of diluted exhaust for batch sampling.
Instead of measuring methane, you may consider that 2% of measured
total hydrocarbons is methane, as described in Sec. 1065.660. While
you may also use a nonmethane cutter to measure CH4, as
described in Sec. 1065.265, use a reference procedure based on a gas
chromatograph for comparison with any proposed alternate measurement
procedure under Sec. 1065.10.
(b) Component requirements. We recommend that you use a gas
chromatograph that meets the specifications in Table 1 of Sec.
1065.205.
NOX Measurements
Sec. 1065.270 Chemiluminescent detector.
(a) Application. You may use a chemiluminescent detector (CLD) to
measure NOX concentration in raw or diluted exhaust for
batch or continuous sampling. We generally accept a CLD for
NOX measurement, even though it measures only NO (and
NO2, when coupled with an NO2-to-NO converter),
since conventional engines and aftertreatment systems do not emit
significant amounts of NOX species other than NO and
NO2. Use good engineering judgment to measure other
NOX species, as appropriate. While you may also use other
instruments to measure NOX, as described in Sec. 1065.272
and Sec. 1065.275, use a reference procedure based on a
chemiluminescent detector for comparison with any proposed alternate
measurement procedure under Sec. 1065.10.
(b) Component requirements. We recommend that you use a CLD that
meets the specifications in Table 1 of Sec. 1065.205. Note that your
CLD-based system must meet the quench check in Sec. 1065.370 and, for
continuous
[[Page 54949]]
measurements, it must also meet the linearity check in Sec. 1065.307.
(c) NO2-to-NO converter. Place upstream of the CLD an
internal or external NO2-to-NO converter that meets the
performance check in Sec. 1065.378. Configure the converter with a
bypass to facilitate this performance check.
(d) Humidity effects. You must generally maintain CLD temperature
to prevent aqueous condensation; however, you may disregard
condensation control if you use one of the following configurations:
(1) The CLD is downstream of an NO2-to-NO converter that
meets the performance check in Sec. 1065.378.
(2) The CLD is downstream of a thermal chiller that meets the
performance check in Sec. 1065.376.
(e) Response time. You may use a heated CLD to improve CLD response
time.
Sec. 1065.272 Nondispersive ultraviolet analyzer.
(a) Application. You may use a nondispersive ultraviolet (NDUV)
analyzer to measure NOX concentration in raw or diluted
exhaust for batch or continuous sampling. We generally accept an NDUV
for NOX measurement, even though it measures only NO and
NO2, since conventional engines and aftertreatment systems
do not emit significant amounts of other NOX species. Use
good engineering judgment to measure other NOX species, as
appropriate.
(b) Component requirements. We recommend that you use an NDUV
analyzer that meets the specifications in Table 1 of Sec. 1065.205.
Note that your NDUV-based system must meet the performance checks in
Sec. 1065.372 and, for continuous measurement, it must also meet the
linearity check in Sec. 1065.307.
(c) NO2-to-NO converter. If your NDUV analyzer measures
only NO, place upstream of the NDUV analyzer an internal or external
NO2-to-NO converter that meets the performance check in
Sec. 1065.378. Configure the converter with a bypass to facilitate
this performance check.
(d) Humidity effects. You must generally maintain NDUV temperature
to prevent aqueous condensation; however, you may disregard
condensation control if you use one of the following configurations:
(1) The NDUV is downstream of an NO2-to-NO converter
that meets the performance check in Sec. 1065.378.
(2) The NDUV is downstream of a thermal chiller that meets the
performance check in Sec. 1065.376.
Sec. 1065.274 Zirconia (ZrO2) analyzer.
(a) Application. You may use a zirconia (ZrO2) analyzer
to measure NOX concentration in raw exhaust for continuous
sampling, as long as you stay within the analyzer manufacturer's
specified limits with respect to acceptable O2 exhaust
concentrations and exhaust temperature. We generally accept a
ZrO2 analyzer for NOX measurement, even though it
measures only NO and NO2, since conventional engines and
aftertreatment systems do not emit significant amounts of other
NOX species. Use good engineering judgment to measure other
NOX species, as appropriate.
(b) Component requirements. We recommend that you use a
ZrO2 analyzer that meets the specifications in Table 1 of
Sec. 1065.205. Note that your ZrO2-based system must meet
the performance checks in Sec. 1065.374 and the linearity check in
Sec. 1065.307.
(c) NO2-to-NO converter. If your ZrO2
analyzer measures only NO, place upstream of the ZrO2
analyzer an NO2-to-NO converter that meets the performance
check in Sec. 1065.378. Configure the converter with a bypass to
facilitate this performance check.
(d) Humidity effects. You must generally maintain ZrO2
analyzer temperature to prevent aqueous condensation; however, you may
disregard condensation control if you use one of the following
configurations:
(1) The ZrO2 analyzer is downstream of an
NO2-to-NO converter that meets the performance check in
Sec. 1065.378.
(2) The ZrO2 analyzer is downstream of a thermal chiller
that meets the performance check in Sec. 1065.376.
O[bdi2] MEASUREMENTS
Sec. 1065.280 Paramagnetic detection analyzer.
(a) Application. You may use a paramagnetic detection (PMD)
analyzer to measure O2 concentration in raw or diluted
exhaust for batch or continuous sampling. While you may also use a
zirconia analyzer to measure O2, as described in Sec.
1065.283, use a reference procedure based on paramagnetic detection
analyzers for comparison with any proposed alternate measurement
procedures under Sec. 1065.10
(b) Component requirements. We recommend that you use a PMD
analyzer that meets the specifications in Table 1 of Sec. 1065.205.
Note that it must meet the linearity check in Sec. 1065.307 for
continuous measurements.
(c) Interference gas compensation. Compensate for PMD interference
gases according to ISO 8178-1, Section 8.9.4 (incorporated by reference
in Sec. 1065.1010).
Sec. 1065.284 Zirconia (ZrO2) analyzer.
(a) Application. You may use a zirconia (ZrO2) analyzer
to measure O2 concentration in raw exhaust for continuous
sampling.
(b) Component requirements. We recommend that you use a
ZrO2 analyzer that meets the specifications in Table 1 of
Sec. 1065.205. Note that your ZrO2-based system must meet
the linearity check in Sec. 1065.307.
PM MEASUREMENTS
Sec. 1065.290 PM gravimetric balance.
(a) Application. Use a balance to weigh net PM on a sample medium
for laboratory testing.
(b) Component requirements. We recommend that you use a balance
that meets the specifications in Table 1 of Sec. 1065.205. Note that
your balance-based system must meet the linearity check in Sec.
1065.307. If the balance uses internal calibration weights for routine
spanning and linearity checks, the calibration weights must meet the
specifications in Sec. 1065.790. While you may also use an inertial
balance to measure PM, as described in Sec. 1065.295, use a reference
procedure based on a gravimetric balance for comparison with any
proposed alternate measurement procedure under Sec. 1065.10.
(c) Periodic verification. Get the balance manufacturer or a
representative approved by the balance manufacturer to verify the
balance performance at least once every 12 months.
(d) Pan design. Use a balance pan designed to minimize corner
loading of the balance, as follows:
(1) Use a pan that centers the PM sample on the weighing pan. For
example, use a pan in the shape of a cross that has upswept tips that
center the PM sample media on the pan.
(2) Use a pan that positions the PM sample as low as possible.
(e) Balance configuration. Configure the balance for optimum
settling time and stability at your location.
Sec. 1065.295 PM inertial balance for field-testing analysis.
(a) Application. You may use an inertial balance to quantify net PM
on a sample medium for field testing.
(b) Component requirements. We recommend that you use a balance
that meets the specifications in Table 1 of Sec. 1065.205. Note that
your balance-based system must meet the linearity check in Sec.
1065.307. If the balance uses an internal calibration process for
routine spanning and linearity checks, the process must be NIST-
traceable.
(c) Periodic verification. Get the balance manufacturer or a
[[Page 54950]]
representative approved by the balance manufacturer to verify the
balance performance at least once every 12 months.
Subpart D--Calibrations and Performance Checks
Sec. 1065.301 Overview and general provisions.
(a) This subpart describes required and recommended calibrations
and performance checks for measurement instruments. See subpart C of
this part for specifications and system requirements that apply to
individual instruments.
(b) You must generally use complete measurement systems when
performing calibrations or performance checks. For example, this would
generally involve evaluating instruments based on values recorded with
the complete system you use for recording test data, including analog-
to-digital converters. For some calibrations and performance checks, we
may specify that you disconnect part of the measurement system to
introduce a simulated signal.
(c) If we do not specify a calibration or performance check for a
portion of your measurement system, calibrate that portion of your
system and check its performance at a frequency consistent with any
recommendations from the measurement-system manufacturer, consistent
with good engineering judgment.
(d) Use NIST-traceable standards to the tolerances we specify for
calibrations and performance checks. Where we specify the need to use
NIST-traceable standards, you may alternatively ask for our approval to
use international standards that are not traceable to NIST standards.
Sec. 1065.303 Summary of required calibration and performance checks
(a) The following table summarizes the required and recommended
calibrations and performance checks described in this subpart. The
table also indicates when these have to be performed.
Table 1 of Sec. 1065.303--Summary of Required Calibration and
Performance Checks
------------------------------------------------------------------------
Perform calibration or performance
Calibration or performance check check
------------------------------------------------------------------------
Sec. 1065.305: accuracy, Accuracy: not required, but
repeatedly and noise. recommend for initial installation.
Repeatability: not required, but
recommend for initial installation.
Noise: required during initial
installation only if you correct
for noise (See Sec. 1065.658).
Sec. 1065.307: Linearity........ Speed: Initial installation, and
after major maintenance.
Torque: Once every 12 months, and
after major maintenance.
Flows: Once every 12 months, and
after major maintenance unless flow
is verified by propane check or
carbon (or oxygen) balance.
Continuous analyzers: Once every 6
months, and after major
maintenance.
Sec. 1065.308: continuous Initial installation and after major
analyzer system response. system reconfiguration.
Sec. 1065.310: torque........... Initial installation and good
engineering judgment afterward.
Sec. 1065.315: pressure, Initial installation and good
temperature, dewpoint. engineering judgment afterward.
Sec. 1065.320: fuel flow........ Initial installation and good
engineering judgment afterward.
Sec. 1065.325: intake flow...... Initial installation and good
engineering judgment afterward.
Sec. 1065.330: exhaust flow..... Initial installation and good
engineering judgment afterward.
Sec. 1065.340: diluted exhaust Initial installation, after major
flow (CVS). system reconfiguration, and as part
of corrective action.
Sec. 1065.341: CVS and batch After CVS and batch sampler
sampler verification. calibration and in lieu of
linearity check.
Sec. 1065.345: vacuum leak...... Initial installation, within 7 days
of an emission test, and after
major maintenance.
Sec. 1065.350: CO2 NDIR H2O Initial installation and after major
interference. maintenance.
Sec. 1065.355: CO NDIR CO2 and Initial installation and after major
H2O interference. maintenance.
Sec. 1065.360: FID optimization, Calibrate, optimize, and determine
etc. CH4 response: initial installation
and good engineering judgment
afterward.
Check CH4 response: once every 12
months, and after major
maintenance.
Sec. 1065.362: Raw exhaust FID Initial installation and after major
O2 interference. maintenance.
Sec. 1065.365: Nonmethane cutter Once every 6 months, and after major
penetration. maintenance.
Sec. 1065.370: CLD CO2 and H2O Initial installation and after major
quench. maintenance.
Sec. 1065.372: NDUV NMHC and H2O Initial installation and after major
interference. maintenance.
Sec. 1065.374: ZrO2 NH3 Initial installation and after major
interference and NO2 response. maintenance.
Sec. 1065.376: Chiller NO2 Initial installation and after major
penetration. maintenance.
Sec. 1065.378: NO2 to NO Once every 6 months, and after major
converter conversion. maintenance.
Sec. 1065.390: PM balance and Within 12 hours of weighing, and
weighing. after major balance and
maintenance.
------------------------------------------------------------------------
Sec. 1065.305 Performance checks for accuracy, repeatability, and
noise.
(a) This section describes how to determine the accuracy,
repeatability, and noise of an instrument. Table 1 of Sec. 1065.205
specifies recommended values for individual instruments.
(b) We do not require you to check instrument accuracy or
repeatability, and we require you to check instrument noise only as
specified in paragraph (c) of this section. However, it may be useful
to consider these performance checks to define a specification for a
new instrument, to verify the performance of a new instrument upon
delivery, or to troubleshoot an existing instrument.
(c) If you correct a constituent analyzer for noise as described in
Sec. 65.658, you must have performed the noise performance check in
this section within the past 12 months.
(d) In this section we use the letter ``y'' to denote a generic
measured quantity, the superscript over-bar to denote an arithmetic
mean (i.e.,y<), and the subscript ``ref'' to denote the
reference quantity being measured.
(e) Conduct these checks as follows:
(1) Prepare an instrument so it operates at its specified
temperatures, pressures, and flows. Perform any instrument
linearization or calibration procedures prescribed by the instrument
manufacturer.
(2) Zero the instrument by introducing a zero signal. Depending on
the instrument, this may be a zero-concentration gas, a reference
signal, a set of reference thermodynamic conditions, or some
combination of these. For gaseous constituent analyzers,
[[Page 54951]]
use a zero gas that meets the specifications of Sec. 1065.750(a).
(3) Span the instrument by introducing a span signal. Depending on
the instrument, this may be a span-concentration gas, a reference
signal, a set of reference thermodynamic conditions, or some
combination of these. For gaseous-exhaust constituent analyzers, use a
span gas that meets the specifications of Sec. 1065.750(a).
(4) Use the instrument to quantify a NIST-traceable reference
quantity, yref. Select a reference quantity near the mean
value expected during testing. For all exhaust constituent analyzers,
use a quantity near the flow-weighted average concentration expected at
the standard and known within the specifications of Sec. 1065.750(a).
For a noise performance check, use the same zero gas from paragraph (e)
of this section as the reference quantity. In all cases, allow time for
the instrument to stabilize while it measures the reference quantity.
Stabilization time may include time to purge an instrument and time to
account for its response.
(5) Sample 25 values, record the arithmetic mean of the 25 values y
i, and record the standard deviation [sigma]i, of
the 25 values. Refer to Sec. 1065.602 for an example of calculating
arithmetic mean and standard deviation.
(6) Subtract the reference value, yref, from the
arithmetic mean, yi. Record this value as the error,
[egr]i.
(7) Repeat the steps specified in paragraphs (e)(2) through (6) of
this section until you have ten arithmetic means, (y1,
y2, y3, ... y10), ten standard
deviations, ([sigma]1, [sigma]2,
[sigma]3, ... [sigma]10), and ten errors
([egr]1, [egr]2, [egr]3, ...
[egr]10).
(8) Instrument accuracy is the absolute difference between the
reference quantity, yref and the arithmetic mean of the ten
yi. Refer to the accuracy example calculation in Sec.
1065.602. We recommend that instrument accuracy be within the
specifications in Table 1 of Sec. 1065.205.
(9) Repeatability is two times the standard deviation of the ten
errors: (e.g. repeatability = 2 [middot] [sigma][egr]). Refer to the
standard deviation example calculation in Sec. 1065.602. We recommend
that instrument repeatability be within the specifications in Table 1
of Sec. 1065.205.
(10) Noise is two times the root mean square of the ten standard
deviations, (e.g. noise = 2 [middot] rms[sigma]). Refer to the root
mean square example calculation in Sec. 1065.602. We recommend that
instrument noise be within the specifications in Table 1 of Sec.
1065.205. Use this value in the noise correction specified in Sec.
1065.657.
(11) You may use a measurement instrument that does not meet the
accuracy, repeatability, or noise specifications in Table 1 of Sec.
1065.205, as long as you meet all the following criteria:
(i) You try to correct the problem.
(ii) Your measurement systems meet all required calibration,
performance checks, and validation specifications.
(iii) The measurement deficiency does not affect your ability to
show that your engines comply with all applicable emission standards.
Sec. 1065.307 Linearity check.
(a) Perform a linearity check on each measurement system listed in
Table 1 of this section at least as frequently as indicated in the
table, or more frequently, consistent with good engineering judgment;
for example, if the measurement system manufacturer recommends it. Note
that this linearity check replaces requirements that we previously
referred to as calibration specifications.
(b) If a measurement system does not meet the applicable linearity
criteria, correct the deficiency by re-calibrating, servicing, or
replacing components as needed. Before you may use a measurement system
that does not meet linearity criteria, you must get us to approve it
under Sec. 1065.10.
(c) The intent of a linearity check is to determine that a
measurement system responds proportionally over the measurement range
of interest. A linearity check generally consists of introducing a
series of at least 10 reference values to a measurement system. These
reference values are about evenly spaced from the lowest to the highest
values expected during emission testing. The measurement system
quantifies each reference value. The measured values are then
collectively compared to the reference values by using the linearity
criteria specified in Table 1 of this section.
(d) Use the following linearity-check protocol, or use good
engineering judgment to develop a different protocol that satisfies the
intent of this section, as described in paragraph (c) of this section:
(1) In this paragraph (d), we use the letter ``y'' to denote a
generic measured quantity, the superscript over-bar to denote an
arithmetic mean (i.e., y), and the subscript ``ref'' to
denote the known (or reference) quantity being measured.
(2) Operate a measurement system at its specified temperatures,
pressures, and flows. This may include any specified adjustment or
periodic calibration of the measurement system.
(3) Zero the instrument by introducing a zero signal. Depending on
the instrument, this may be a zero-concentration gas, a reference
signal, a set of reference thermodynamic conditions, or some
combination of these. For gaseous constituent analyzers, use a zero gas
that meets the specifications of Sec. 1065.750(a).
(4) Span the instrument by introducing a span signal. Depending on
the instrument, this may be a span-concentration gas, a reference
signal, a set of reference thermodynamic conditions, or some
combination of these. For gaseous-exhaust constituent analyzers, use a
span gas that meets the specifications of Sec. 1065.750(a).
(5) Select 10 reference values, yrefi that are nominally
evenly spaced from the lowest to the highest values expected during
emission testing. Generate reference quantities as described in
paragraph (e) of this section. For gaseous-exhaust constituent
analyzers, use gas concentrations known to be within the specifications
of Sec. 1065.750(a).
(6) Select the greatest reference value and introduce it to the
measurement system.
(7) Allow time for the instrument to stabilize while it measures
the reference value. Stabilization time may include time to purge an
instrument and time to account for its response.
(8) At a frequency of f Hz specified in Table 1 of Sec. 1065.205,
measure the reference value 25 times and record the arithmetic mean of
the 25 values, yi. Refer to Sec. 1065.602 for an example of
calculating an arithmetic mean.
(9) Select smallest reference value, and repeat steps in paragraphs
(d)(7) and (d)(8) of this section.
(10) Alternate between selecting the highest and lowest remaining
untested reference values until you have measured all the reference
values.
(11) Use the arithmetic means, yi, and reference values,
yrefi, to calculate statistical values to compare to the
criteria specified in Table 1 of this section. Use the statistical
calculations as described in Sec. 1065.602.
(e) This paragraph (e) describes recommended methods for generating
reference values for the linearity-check protocol in paragraph (d) of
this section. Use reference values that simulate actual values, or
introduce an actual value and measure it with a reference-measurement
system. In the latter case, the reference value is the value reported
by the reference-measurement system. Reference values and reference-
measurement systems must be traceable to NIST standards. Use the
following recommended methods to generate reference values or use good
engineering judgment to select a different method:
[[Page 54952]]
(1) Engine speed. Run the engine or dynamometer at a series of
steady-state speeds and use a strobe, a photo tachometer, or a laser
tachometer to record reference speeds.
(2) Engine torque. Use a series of calibration weights and a
calibration lever arm to simulate engine torque, Alternately, you may
use the engine or dynamometer itself to generate a nominal torque that
is measured by a reference load cell in series with the torque
measurement system. In this case use the reference load cell
measurement as the reference value. Refer to Sec. 1065.310 for a
torque-calibration procedure similar to the linearity check in this
section.
(3) Fuel rate. Operate the engine at a series of constant fuel-flow
rates. Use a gravimetric reference measurement (such as a scale,
balance, or mass comparator) at the inlet to the fuel-measurement
system. Use a stopwatch to measure the time intervals over which
reference masses of fuel are introduced to the fuel measurement system.
The reference fuel mass divided by the time interval is the reference
fuel flow rate.
(4) Flow rates--inlet air, dilution air, diluted exhaust, raw
exhaust, or sample flow. Use a reference flow meter with a blower or
pump to simulate flow rates. Use a restrictor or diverter valve or a
variable speed blower or pump to control the range of flow rates. Use
the reference meter's response as the reference values. Because the
flow range requirements for these various flows are large, we allow a
variety of reference meters. For example, for diluted exhaust flow for
a full flow dilution system we recommend a reference subsonic venturi
flow meter with a restrictor valve and a blower to simulate flow rates.
For inlet air, dilution air, diluted exhaust for partial flow dilution,
raw exhaust or sample flow we allow reference meters such as critical
flow orifices, critical flow venturis, laminar flow elements, master
mass flow standards, or Roots meters. Ensure that your reference meter
is calibrated by the flow meter manufacturer and that its calibration
is traceable to NIST. If you use the difference of two flow
measurements to determine a single flow rate, you may use one of the
measurements as a reference for the other.
(5) Gas division. At the outlet of the gas division system, connect
a gas analyzer that meets the linearity check described in this
section. Operate this analyzer consistent with how you would operate it
for emission testing. Connect to the gas divider inlet a span gas for
the analyzer. Use the gas division system to divide the span gas with
purified air or nitrogen. Select gas divisions that you typically use.
Use a selected gas division as the measured value. Use the quotient of
the analyzer response divided by the span gas concentration as the
reference value.
(6) Continuous constituent concentration. For reference values, use
a series of gas cylinders of known gas concentration or use a gas-
division system that is known to be linear with a span gas. Gas-
cylinders, gas-division systems, and span gases that you use for
reference values must meet the specifications of Sec. 1065.750.
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Sec. 1065.308 Continuous gas analyzer system response check.
(a) Scope and frequency. Perform this check after installing or
replacing a gas analyzer that you use for continuous sampling. Also
perform this check if you reconfigure your system in a way that would
change system response. For example, you add a significant volume to
the transfer lines by increasing their length or adding a filter. As
another example, you change the frequency at which you sample and
record gas analyzer concentrations.
(b) Measurement principles. This check is an overall system
response check for continuous analyzers. It evaluates two aspects of
instrument response, as follows:
(1) Uniform response. To determine a single gas concentration, you
may combine more than one gas
[[Page 54954]]
measurement. For example, you may measure an interference gas and use
its value in an algorithm to compensate the value of another measured
gas concentration. The response of the interference gas instrument must
match the response of the instrument that it is compensating.
(2) Overall system response. The overall system response and the
system's recording frequency must be properly matched. Gas analyzer
systems must be optimized such that their overall response to a rapid
change in concentration is recorded at an appropriate frequency to
prevent loss of information.
(c) System requirements. The response check is evaluated by two
performance criteria, as follows:
(1) Compensated signals must have a uniform rise and fall during
the full response to a step change. During a system response to a rapid
change in multiple gas concentrations, the shape of any compensated
signal must have no more than one inflection point. In other words, the
second derivative of any compensated signal must change sign from
negative (-) to positive (+) no more than once whenever a multi-
component step increase occurs, and the second derivative must change
sign from positive (+) to negative (-) no more than once whenever a
multi-component step decrease occurs
(2) The product of the mean rise time and the sampling frequency
must be at least 5, and the product of the mean fall time and the
sampling frequency must be at least 5.
(d) Procedure. Use the following procedure to check the response of
your continuous gas analyzer system.
(1) Instrument setup. Follow the analyzer system manufacturers'
start-up and operation instructions. Adjust the system as needed to
optimize performance.
(2) Equipment setup. Connect a zero air source to one inlet of a
fast acting 3-way valve (2 inlets, 1 outlet). Connect an NO, CO,
CO2, C3H8 quad-blend span gas to the
other valve inlet. Connect the valve outlet to a heated line at 50
[deg]C, and connect the heated line outlet to the inlet of a 50 [deg]C
gas bubbler filled with distilled water. Connect the bubbler outlet to
another heated line at 100 [deg]C. Connect the outlet of the 100 [deg]C
line to the gas analyzer system's probe or to the overflow fitting
between the probe and transfer line.
(3) Data collection.
(i) Switch the valve to flow zero gas.
(ii) Allow for stabilization, accounting for transport delays and
the slowest instrument's full response.
(iii) Start recording data at the frequency you would during
emission testing.
(iv) Switch the valve to flow span gas.
(v) Allow for transport delays and the slowest instrument's full
response.
(vi) Repeat the steps in paragraphs (d)(3)(i) through (v) of this
section to record seven full cycles, ending with zero gas flowing to
the analyzers.
(vii) Stop recording.
(4) Performance evaluation.
(i) Uniform response. Compute the second derivative for any
compensated analyzer signals. The second derivative must change sign
from negative (-) to positive (+) no more than once whenever span gas
was flowed, and the second derivative must change sign from positive
(+) to negative (-) no more than once whenever zero gas was flowed. If
it did, determine if the cause was an interference gas compensation
signal. If you can positively demonstrate that any failure was not
caused by an interference compensation signal, then the analyzer system
passes this test. Otherwise, adjust the compensation algorithms' time-
alignment and/or dispersion to result in a uniform rise and fall during
this performance check.
(ii) Rise time, fall time, and recording frequency. Calculate the
mean rise time, T10-90 and mean fall time T90-10
for each of the analyzers. Multiply these times (in s) by their
respective recording frequencies in Hertz (1/s). The value for each
result must be at least 5. If the value is less than 5, increase the
recording frequency or adjust the flows or design of the sampling
system to increase the rise time and/or fall time. You may not use
interpolation to increase the number or recorded values. In other
words, each recorded value must be a unique record of the actual
analyzer signal.
Measurement of Engine Parameters and Ambient Conditions
Sec. 1065.310 Torque calibration.
Calibrate your torque measurement system upon initial installation,
and use good engineering judgment to re-calibrate your system.
Calibrate torque with the lever-arm dead-weight technique or the
transfer technique, as described in paragraphs (a) and (b) of this
section. We define the NIST ``true value'' torque as the torque
calculated by taking the product of a weight or force traceable to NIST
and a sufficiently accurate horizontal distance along a lever arm,
corrected for the lever arm's hanging torque.
(a) The lever-arm dead-weight technique involves placing known
weights at a known horizontal distance from the torque-measuring
device's center of rotation. You need two types of equipment:
(1) Calibration weights or force. This technique requires
calibration weights or a force apparatus traceable to NIST standards.
Use at least six calibration points for each applicable torque-
measuring range, spacing the points about equally over the range.
(i) For calibration weights, determine their force by multiplying
their NIST-traceable masses by your local acceleration of Earth's
gravity. The local acceleration of gravity, ag at your
latitude, longitude, and elevation may be determined by entering your
position and elevation data into the United States' National
Oceanographic and Atmospheric Administration's surface gravity
prediction Web site: http://www.ngs.noaa.gov/cgi-bin/grav_pdx.prl. If
this Web site is unavailable, you may use the equations in Sec.
1065.630, which return your local acceleration of gravity based on your
latitude and elevation. Make sure the lever arms are perpendicular to
gravity.
(ii) [Reserved]
(2) Lever arm. Apply the calibration weights or force apparatus to
the torque-sensing device through a lever arm. The length of the lever
arm, from the point where the calibration force or weights are applied
to the dynamometer centerline, must be known accurately enough to allow
the system to meet the linearity criteria in Table 1 of Sec. 1065.307.
Take into account the torque-producing effect of the lever arm's mass.
You may balance the lever arm's mass to minimize the torque-producing
effect.
(b) The transfer technique involves calibrating a master load cell,
such as a dynamometer-case load cell. You may calibrate the master load
cell with known calibration weights or force at known horizontal
distances. Alternatively, you may use a pre-calibrated master load cell
to transfer this calibration to the device that measures engine torque.
The transfer technique involves the following three main steps:
(1) Pre-calibrate a master load cell using weights or force and a
lever arm as specified in paragraph (a) of this section. Run or vibrate
the dynamometer during this calibration to reduce frictional static
hysteresis.
(2) The measured horizontal distance from the dynamometer
centerline to the point where you apply a weight or force must be
accurate to within 0.5 %. Balance the arms or know their
net hanging torque to within 0.5 %.
(3) Transfer calibration from the case or master load cell to the
torque-
[[Page 54955]]
measuring device with the dynamometer operating at a constant speed.
Calibrate the torque-measurement device's readout to the master load
cell's torque readout at a minimum of six loads spaced about equally
across the full useful ranges of both measurement devices. Transfer the
calibration so it meets the linearity criteria in Table 1 of Sec.
1065.307.
Sec. 1065.315 Pressure, temperature, and dewpoint calibration.
(a) Follow the measurement-system manufacturer's instructions and
recommended frequency for calibrating pressure, temperature, and
dewpoint, upon initial installation and use good engineering judgment
to re-calibrate, as follows:
(1) Pressure. We recommend temperature-compensated, digital-
pneumatic, or deadweight pressure calibrators, with data-logging
capabilities to minimize transcription errors.
(2) Temperature. We recommend digital dry-block or stirred-liquid
temperature calibrators, with datalogging capabilities to minimize
transcription errors.
(3) Dewpoint. We recommend a minimum of three different
temperature-equilibrated and temperature-monitored calibration salt
solutions in containers that seal completely around the dewpoint
sensor.
(b) You may remove system components for off-site calibration.
Flow-Related Measurements
Sec. 1065.320 Fuel flow calibration.
(a) Follow the measurement-system manufacturer's instructions for
calibrating a fuel flow meter upon initial installation and use good
engineering judgment to re-calibrate. We recommend using a scale and a
stopwatch.
(b) You may also develop a procedure based on a chemical balance of
carbon or oxygen in engine exhaust.
(c) You may remove system components for off-site calibration. When
installing a flow meter with an off-site calibration, we recommend that
you consider the effects of your tubing configuration upstream and
downstream of your flow meter.
Sec. 1065.325 Intake flow calibration.
(a) Follow the measurement-system manufacturer's instructions for
calibrating intake-air flow upon initial installation, and use good
engineering judgment to re-calibrate. We recommend using a calibration
subsonic venturi.
(b) You may remove system components for off-site calibration. When
installing a flow meter with an off-site calibration, we recommend that
you consider the effects of your tubing configuration upstream and
downstream of your flow meter.
(c) If you use a subsonic venturi for intake flow measurement, we
recommend that you calibrate it as described in Sec. 1065.340.
Sec. 1065.330 Exhaust flow calibration.
(a) Follow the measurement-system manufacturer's instructions for
calibrating exhaust flow upon initial installation, and use good
engineering judgment to re-calibrate. We recommend that you use a
calibration subsonic venturi and simulate exhaust temperatures by
incorporating a heat exchanger between the calibration meter and your
exhaust-flow meter.
(b) You may remove system components for off-site calibration. When
installing a flow meter with an off-site calibration, we recommend that
you consider the effects of your tubing configuration upstream and
downstream of your flow meter.
(c) If you use a subsonic venturi for intake flow measurement, we
recommend that you calibrate it as described in Sec. 1065.340.
Sec. 1065.340 Diluted exhaust flow (CVS) calibration.
(a) Overview. This section describes how to calibrate flow meters
for diluted exhaust constant-volume sampling (CVS) systems.
(b) Scope and frequency. Perform this calibration while the flow
meter is installed in its permanent position. Perform this calibration
after you change any part of the flow configuration upstream or
downstream of the flow meter that may affect the flow meter
calibration. Perform this calibration upon initial CVS installation and
whenever corrective action does not resolve a failure to meet the
diluted exhaust flow check in Sec. 1065.341.
(c) Reference flow meter. Calibrate a CVS flow meter using a
reference subsonic venturi flow meter. Long radius ASME/NIST flow
nozzles are acceptable. Use a reference flow meter that is within
1 % NIST traceability. Use this reference flow meter's
response to flow as the reference value for CVS flow meter calibration.
(d) Configuration. Do not use an upstream screen or other
restriction that could affect the flow ahead of the reference flow
meter, unless the flow meter has been calibrated with such a
restriction.
(e) PDP calibration. Calibrate a PDP to determine a flow versus PDP
speed equation that accounts for flow leakage across sealing surfaces
in the PDP as a function of PDP inlet pressure. Calibrate a PDP flow
meter as follows:
(1) Connect the system as shown in Figure 1 of this section.
(2) Eliminate leaks between the calibration flow meter and the PDP
such that total leakage is less than 0.3 % of the lowest flow point;
for example, at the highest restriction and lowest PDP-speed point.
(3) While the PDP operates, maintain a constant temperature at the
PDP inlet within 2 % of the average absolute inlet
temperature, Tin.
(4) Set the PDP speed to the first speed point at which you intend
to calibrate.
(5) Set the variable restrictor to its wide-open position.
(6) Operate the PDP for at least 3 min to stabilize the system.
Continue operating the CFV and record the mean of at least 25
measurements of each of the following quantities:
(i) Flow rate of the reference flow meter, n.
(ii) Temperature at the PDP inlet, Tin.
(iii) Static absolute pressure at the PDP inlet, Pin.
(iv) Static absolute pressure at the PDP outlet, Pout.
(v) PDP speed, fPDP.
(7) Incrementally close the restrictor valve to decrease the
absolute pressure at the inlet to the PDP, Pin.
(8) Repeat the steps in paragraphs (e)(6) and(e)(7) of this section
to record data at a minimum of six restrictor positions reflecting the
full range of possible in-use pressures at the PDP inlet.
(9) Calibrate the PDP by using the collected data and the equations
in Sec. 1065.640.
(10) Repeat the steps in paragraphs (e)(6) through (e)(9) of this
section for each speed that you operate the PDP.
(11) Use the equations in Sec. 1065.642 to determine the PDP flow
equation for emission testing.
(12) Verify the calibration by performing a CVS check (i.e.,
propane check) as described in Sec. 1065.341
(13) Use the flow equation to determine PDP flow during emission
testing. Do not use the PDP below the lowest inlet pressure tested
during calibration.
(f) CFV calibration. Calibrate a CFV to verify its discharge
coefficient, Cd and the lowest inlet pressure at which you
may use your CFV. Calibrate a CFV flow meter as follows:
(1) Connect the system as shown in Figure 1 of this section.
(2) Eliminate leaks between the calibration flow meter and the CFV
such
[[Page 54956]]
that total leakage is less than 0.3 % of total flow at the highest
restriction.
(3) While the CFV operates, maintain a constant temperature at the
CFV inlet within 2 % of the average absolute inlet
temperature, Tin.
(4) Start the blower downstream of the CFV.
(5) Set the variable restrictor to its wide-open position.
(6) Operate the CFV for at least 3 min to stabilize the system.
Continue operating the CFV and record the mean of at least 25
measurements of each of the following quantities:
(i) Flow rate of the reference flow meter, n.
(ii) Optionally, dewpoint of the calibration air, Tdew.
See Sec. 1065.640 for permissible assumptions.
(iii) Temperature at the venturi inlet, Tin.
(iv) Static absolute pressure at the venturi inlet, Pin.
(7) Incrementally close the restrictor valve to decrease the
absolute pressure at the inlet to the CFV, Pin.
(8) Repeat the steps in paragraphs (f)(6) and (f)(7) of this
section to record data at a minimum of ten restrictor positions, such
that you test the full range of inlet pressures expected during
testing.
(9) Determine Cd and the lowest inlet pressure at which
you may use your CFV as described in Sec. 1065.640.
(10) Verify the calibration by performing a CVS check (i.e.,
propane check) as described in Sec. 1065.341.
(11) Use the Cd to determine CFV flow during an emission test. Do
not use the CFV below the lowest inlet pressure tested during
calibration.
(g) SSV calibration. Calibrate an SSV flow meter as follows:
Calibrate an SSV to determine its calibration coefficient, Cd for the
range of inlet pressures over which you may use your SSV. Calibrate an
SSV flow meter as follows:
(1) Connect the system as shown in Figure 1 of this section.
(2) Eliminate leaks between the calibration flow meter and the SSV
such that total leakage is less than 0.3 % of total flow at the highest
restriction.
(3) While the SSV operates, maintain a constant temperature at the
SSV inlet within 2 % of the average absolute inlet
temperature, Tin.
(4) Start the blower downstream of the SSV.
(5) Set the variable restrictor or variable-speed blower to a flow
rate greater than the greatest flow rate expected during testing.
Because we do not allow extrapolation of flow rates beyond calibrated
values, we recommend that you ensure that the SSV throat Reynolds
number (Re) at your greatest calibrated flow rate is greater
than the maximum Re expected during testing.
(6) Operate the SSV for at least 3 min to stabilize the system.
Continue operating the SSV and record the mean of at least 25
measurements of each of the following quantities:
(i) Flow rate of the reference flow meter, n.
(ii) Optionally, dewpoint of the calibration air, Tdew.
See Sec. 1065.640 for permissible assumptions.
(iii) Temperature at the venturi inlet, Tin.
(iv) Static absolute pressure at the venturi inlet, Pin.
(v) Static absolute pressure at the venturi throat, Pth.
(7) Incrementally close the restrictor valve or decrease the blower
speed to decrease the flow rate.
(8) Repeat the steps in paragraphs (g)(6) through (g)(7) of this
section to record data at a minimum of ten flow rates.
(9) Determine a functional form of Cd versus Re# by using the
collected data and the equations in Sec. 1065.640.
(10) Verify the calibration by performing a CVS check (i.e.,
propane check) as described in Sec. 1065.341 using the new Cd versus
Re equation.
(11) Use the SSV only between the minimum and maximum calibrated
flow rates.
(12) Use the equations in Sec. 1065.642 to determine SSV flow
during a test.
(h) Ultrasonic flow meter calibration. [Reserved]
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Sec. 1065.341 CVS and batch sampler verification (i.e. propane
check).
(a) Perform this check to determine if there is a discrepancy in
your measured values of diluted exhaust flow. You may also perform this
check to determine if there is a discrepancy in a batch sampling system
that extracts a sample from a CVS. Failure of this check might indicate
that one or more of the following problems might require corrective
action:
(1) Incorrect analyzer calibration. Re-calibrate FID analyzer or
repair or replace analyzer.
(2) Leaks. Inspect CVS tunnel, connections, and fasteners and
repair or replace components.
(3) Poor mixing. Perform the check as described in paragraph (b) of
this section while traversing sampling probe across diameter of tunnel,
vertically and horizontally. If analyzer response indicates a deviation
that exceeds 2% of the mean measured concentration,
consider operating the CVS at a higher flow rate or installing a mixing
plate or orifice to improve mixing.
(4) Hydrocarbon contamination in the sample system. Perform the
hydrocarbon contamination check as described in Sec. 1065.520.
(5) Change in CVS calibration. Perform an in-situ calibration of
the
[[Page 54958]]
CVS flow meter as described in Sec. 1065.340.
(6) Other problems with the CVS or sampling check hardware or
software. Inspect CVS system, the CVS check hardware, and your software
for discrepancies.
(b) C3H8 check. This check uses either a
reference mass or a reference flow rate of C3H8
as a tracer gas in a CVS. Note that if you use a reference flow rate,
you might have to account for the non-ideal gas behavior of
C3H8 in your reference flow meter. You inject the
reference C3H8 into the CVS and then calculate
the mass you injected using your NMHC measurements and CVS flow rate
measurements.
(c) Prepare for this check as follows:
(1) Obtain a cylinder charged with C3H8.
Determine the reference cylinder's full weight within 0.5%
if you use a reference mass instead of a reference flow rate.
(2) Select appropriate flow rates for the CVS and
C3H8.
(3) Select a C3H8 injection port in the CVS.
Select the port location to be as close as practical to the location
where you introduce engine exhaust into the CVS. Connect the
C3H8 cylinder to the injection system.
(4) Operate and stabilize the CVS.
(5) Preheat any heat exchangers in the sampling system.
(6) Allow heated components such as sample lines, filters, and
pumps to stabilize at operating temperature.
(7) You may purge your NMHC sampling system during stabilization.
(8) If applicable, perform a vacuum side leak check of the NMHC
sampling system as described in Sec. 1065.345.
(9) You may also conduct any other calibrations or performance
checks on any equipment or analyzers.
(d) Zero, span, and check for contamination of the NMHC sampling
system, as follows:
(1) Select the lowest NMHC analyzer range that can measure the
C3H8 concentration expected for your CVS and
C3H8 flow rates.
(2) Zero the NMHC analyzer using zero air introduced at the
analyzer port.
(3) Span the NMHC analyzer using C3H8 span
gas introduced at the analyzer port.
(4) Overflow zero air at the NMHC probe or into a fitting between
the NMHC probe and the transfer line.
(5) Measure the stable NMHC concentration of the NMHC sampling
system as overflow zero air flows.
(6) If the overflow NMHC concentration exceeds 2% of the expected
C3H8 concentration, determine the source of the
contamination and take corrective action, such as cleaning the system
or replacing contaminated portions. Do not proceed until contamination
is eliminated.
(7) If the overflow NMHC concentration does not exceed 2% of the
expected C3H8 concentration, record this value as
xNMHCpre and use it to correct for NMHC contamination as
described in Sec. 1065.660.
(e) Perform the propane check as follows:
(1) For batch NMHC sampling, connect clean storage media, such as
evacuated bags.
(2) Operate NMHC measurement instruments according to the
instrument manufacturer's instructions.
(3) If you choose to correct for dilution air background
concentrations of NMHC, measure and record background NMHC.
(4) Zero any integrating devices.
(5) Begin sampling, and start any flow integrators.
(6) Release the contents of the propane reference cylinder and the
rate you selected. If you use a reference flow rate
C3H8, start integrating this flow rate.
(7) Continue to release the cylinder's contents for a duration of
time that is at least as long as your shortest test interval for
emission testing.
(8) Shut off the C3H8 reference cylinder and
continue sampling until you have accounted for time delays due to
sample transport delays and analyzer response times.
(9) Stop sampling, and stop any integrators.
(f) Perform post-test procedure as follows:
(1) If you used batch sampling, analyze batch samples as soon as
practical.
(2) After analyzing NMHC correct for drift, contamination, and
background.
(3) Calculate total C3H8 mass based on your
CVS and NMHC data as described in Sec. 1065.650 and Sec. 1065.660
using of the molar mass of C3H8,
MC3H8 instead the molar mass of NMHC,
MNMHC.
(4) If you use a reference mass, determine the cylinder's post-test
weight within 0.5%, and determine the
C3H8 reference mass by subtracting empty cylinder
weight from the full cylinder weight.
(5) Subtract the reference C3H8 mass from
your calculated mass. If this difference is within 2% of
the reference mass, the CVS passes this check. If not, take corrective
action as described in paragraph (a) of this section.
(g) Batch sampler check. You may repeat the
C3H8 check to check a batch sampler, such as a PM
secondary dilution system.
(1) Configure your NMHC sampling system to extract a sample near
the location of your batch sampler's storage media (e.g., PM filter).
If the absolute pressure at this location is too low to extract an NMHC
sample, you may sample NMHC from the batch sampler pump's exhaust. Use
caution when sampling from pump exhaust because an acceptable pump leak
downstream of a batch sampler flow meter will cause a false failure of
the C3H8 check.
(2) Repeat the C3H8 check described in this
section, sampling NMHC from your batch sampler.
(3) Calculate C3H8 mass taking into account
any secondary dilution from your batch sampler.
(4) Subtract the reference C3H8 mass from
your calculated mass. If this difference is within 5% of
the reference mass, the batch sampler passes this check. If not, take
corrective action as described in paragraph (a) of this section.
Sec. 1065.345 Vacuum-side leak check.
Within seven days before each test, check for vacuum-side leaks as
described in this section. Check for vacuum-side leaks using one of the
following two procedures:
(a) Perform a flow-rate leak-test as follows:
(1) For a given sampling system, seal the probe end of the system
by taking one of the following steps:
(i) Cap or plug the end of the sample probe
(ii) Disconnect the transfer line at the probe and cap or plug the
transfer line.
(iii) Close a leak-tight valve in line between a probe and transfer
line.
(2) Operate each analyzer pump. After stabilizing the system,
verify that the flow through each analyzer is less than 0.5% of the in-
use flow rate. You may use nominal analyzer and bypass flows to
estimate in-use flow.
(b) Perform an over-flow leak-test as follows:
(1) For a given sampling system, route overflow span gas to one of
the following locations in the sampling system:
(i) The end of the sample probe
(ii) Disconnect the transfer line and route to the end of the
transfer line.
(iii) A three-way valve installed in-line between a probe and
transfer line.
(2) After stabilizing the system, verify that the measured span gas
concentration is within the measurement accuracy and repeatability of
the analyzer. Note that a measured value lower than expected may be an
indication of a leak, but a higher than expected concentration may be
an indication of a problem with the span gas or the analyzer itself. A
higher than expected concentration does not indicate a leak.
[[Page 54959]]
CO AND CO2 MEASUREMENTS
Sec. 1065.350 H2O interference check for CO2
NDIR analyzers.
(a) Scope and frequency. If you measure CO2 using an
NDIR analyzer, check for H2O interference after initial
analyzer installation and after any major maintenance.
(b) Measurement principles. H2O can interfere with an
NDIR analyzer's response for CO2. If your NDIR analyzer uses
compensation algorithms that utilize measurements of other gases to
meet this interference check, simultaneously conduct such measurements
to test the algorithms during the analyzer interference check.
(c) System requirements. A CO2 NDIR analyzer must have
an H2O interference that is less than 2% of the lowest flow-
weighted average CO2 concentration expected during testing,
though we strongly recommend a lower interference of less than 1%.
(d) Procedure. Perform the interference check as follows:
(1) Start, operate, zero, and span the CO2 NDIR analyzer
according to the instrument manufacturer's instructions.
(2) Create a water-saturated test gas by bubbling zero air that
meets the specifications in Sec. 1065.750 through distilled water in a
sealed vessel at (2510) [deg]C.
(3) Upstream of any sample dryer used during testing, introduce the
water-saturated test gas.
(4) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the transfer line and to
account for analyzer response.
(5) While the analyzer measures the sample's concentration, record
its output for 60 s at a nominal frequency of 5 Hz to record 300 data
points. Calculate the arithmetic mean of these 300 points.
(e) If the arithmetic mean of the 300 points is less than 2% of the
flow-weighted average concentration of CO2 expected at the
standard, then the analyzer meets the interference check.
(f) You may use a CO2 NDIR analyzer that you determine
does not meet this performance check, as long as you meet all the
following criteria:
(1) You try to correct the problem.
(2) The measurement deficiency does not affect your ability to show
that your engines comply with all applicable emission standards.
Sec. 1065.355 H2O and CO2 interference check
for CO NDIR analyzers.
(a) Scope and frequency. If you measure CO using an NDIR analyzer,
check for H2O and CO2 interference after initial
analyzer installation and after any major maintenance.
(b) Measurement principles. H2O and CO2 can
positively interfere with an NDIR analyzer by causing a response
similar to CO. If your NDIR analyzer uses compensation algorithms that
utilize measurements of other gases to meet this interference check,
simultaneously conduct such measurements to test the algorithms during
the analyzer interference check.
(c) System requirements. A CO NDIR analyzer must have combined
H2O and CO2 interference that is less than 2% of
the flow-weighted average concentration of CO expected at the standard,
as measured in paragraph (d) of this section, though we strongly
recommend a lower interference of less than 1%.
(d) Procedure. Perform the interference check as follows:
(1) Start, operate, zero, and span the CO NDIR analyzer according
to the instrument manufacturer's instructions.
(2) Create a water-saturated CO2 test gas by bubbling a
CO2 span gas through distilled water in a sealed vessel at
(2510) [deg]C.
(3) Upstream of any sample dryer used during testing, introduce the
water-saturated CO2 test gas.
(4) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the transfer line and to
account for analyzer response.
(5) While the analyzer measures the sample's concentration, record
its output at its nominal frequency to record 300 data points.
Calculate the arithmetic mean of these 300 points.
(6) Multiply this mean by the ratio of expected CO2 to
span gas CO2 concentration. In other words, estimate the
flow-weighted average dry concentration of CO2 expected
during testing, and then divide this value by the concentration of
CO2 in the span gas used for this check. Then multiply this
ratio by the mean of the 300 values recorded during this check.
(e) If the result of (6) is less than 2% of the flow-weighted
average concentration of CO expected at the standard, then the analyzer
meets the interference check.
(f) You may use a CO NDIR analyzer that does not meet this
performance check as long as you meet all the following criteria:
(1) You try to correct the problem.
(2) The measurement deficiency does not affect your ability to show
that your engines comply with all applicable emission standards.
HYDROCARBON MEASUREMENTS
Sec. 1065.360 FID optimization and performance checks.
(a) Scope and frequency. For all FID analyzers, perform the
following:
(1) Calibrate a FID upon initial installation and according to good
engineering judgment, as described in paragraph (b) of this section.
Calibrate on a carbon number basis of one (1), C1.
(2) Optimize, a FID's response to various hydrocarbons after
initial analyzer installation and after any major maintenance, as
described in paragraph (c) of this section.
(3) Determine a FID's CH4 response factor after initial
analyzer installation and after any major maintenance as described in
paragraph (d) of this section.
(4) Check CH4 response once every 12 months.
(b) Calibration. Use good engineering judgment to develop a
calibration procedure, such as one based on the FID-analyzer
manufacturer's instructions and recommended frequency for calibrating
the FID. Alternately, you may remove system components for off-site
calibration. Calibrate using a C3H8, balance
synthetic air, calibration gas that meets the specifications of Sec.
1065.750. Calibrate on a carbon number basis of one (1), C1.
For example, if you use a C3H8 span gas of
concentration 200 [mu]mol/mol, span the FID to respond with a value of
600 [mu]mol/mol.
(c) FID Response optimization. Use good engineering judgement for
initial instrument start-up and basic operating adjustment using FID
fuel and zero air. Heated FIDs must be at their specified operating
temperature. Optimize FID response at the operating range expected to
be used during emission testing. Optimization involves adjusting flows
and pressures to minimize response variations to different hydrocarbon
species that are expected to be in the exhaust. Use good engineering
judgment to trade off peak FID response to propane-in-air to achieve
minimal response variations to different hydrocarbons. A good example
of trading off response to propane for relative responses to other
hydrocarbon species is given in Society of Automotive Engineers (SAE)
Paper No. 770141, ``Optimization of Flame Ionization Detector for
Determination of Hydrocarbon in Diluted Automotive Exhausts;'' author
Glenn D. Reschke (incorporated by reference in Sec. 1065.1010). After
the optimum flow rates have been determined, record them for future
reference.
[[Page 54960]]
(d) CH4 response factor determination. Since FID analyzers
generally do not have a 1.00 CH4 response factor, determine
each FID analyzer's CH4 response factor after FID
optimization. Because we do not limit the range of FID analyzer's
RFCH4, you must use the most recent RFCH4 that you measured according
to this section. Use the most recent RFCH4 in the calculations for NMHC
determination as described in Sec. 1065.660. These calculations
compensate for CH4 response. Determine a FID analyzer's
response CH4 factor as follows:
(1) Select a propane (C3H8) calibration gas
that meets the specifications of Sec. 1065.750 and has a concentration
typical of the flow-weighted average concentration expected at the
hydrocarbon standard. Record the calibration concentration of the gas.
(2) Select a methane (CH4) calibration gas that meets
the specifications of Sec. 1065.750 and has a concentration typical of
the flow-weighted average concentration expected at the hydrocarbon
standard. Record the calibration concentration of the gas.
(3) Start and operate the FID analyzer according to the
manufacturer's instructions.
(4) Confirm that the FID analyzer has been calibrated using
C3H8. Calibrate on a carbon number basis of one
(1), C1. For example, if you use a
C3H8 span gas of concentration 200 [mu]mol/mol,
span the FID to respond with a value of 600 [mu]mol/mol.
(5) Zero the FID with zero air that meets the specifications of
Sec. 1065.750.
(6) Span the FID with the calibration gas that you selected in
paragraph (d)(1) of this section.
(7) Introduce at the inlet of the FID analyzer the CH4
calibration gas that you selected in paragraph (d)(2) of this section.
(8) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the analyzer and to
account for its response.
(9) While the analyzer measures the CH4 concentration,
record its output for 60 s at a nominal frequency of 5 Hz to record 300
data points. Calculate the arithmetic mean of these 300 points.
(10) Divide the mean measured concentration by the recorded
calibration concentration of the CH4 calibration gas. The
result is the FID analyzer's response factor for CH4, RFCH4.
(e) FID CH4 response check. Check the FID CH4 response by
performing the following:
(1) Perform the CH4 response factor determination as
described in paragraph (d) of this section.
(2) If the CH4 response factor is within 5%
of its most recently determined value, the FID passes the FID flow
check.
(3) If the FID does not pass this check, first verify that the
pressures and flow rates of FID fuel, burner air, and sample are each
within 0.5% of their most recently recorded values. These
values are recorded each time you conduct a FID response optimization
as described in paragraph (c) of this section. You may adjust these
flows as necessary.
(4) Repeat the CH4 response factor determination as
described in paragraph (d) of this section.
(5) If the pressures and/or flows are correct, but the
CH4 response factor is not within 5% of its most
recently determined value, then repeat the FID response optimization as
described in paragraph (c) of this section.
(6) Repeat the CH4 response factor as described in
paragraph (d) of this section.
(7) Use this CH4 response factor, RFCH4, in the
calculations for NMHC determination as described in Sec. 1065.660.
Sec. 1065.362 Raw exhaust FID O2 interference check.
(a) Scope and frequency. If you use a FID analyzer for raw exhaust
measurements, perform an O2 interference check upon initial
installation and after major maintenance.
(b) Measurement principles. Changes in O2 concentration
in raw exhaust can affect FID response by changing FID flame
temperature. Optimize FID fuel, burner air, and sample flow to meet
this check.
(c) System requirements. Your FID must meet the O2
interference check according to ISO 8178-1, Section 8.8.3 (incorporated
by reference in Sec. 1065.1002).
Sec. 1065.365 Nonmethane cutter penetration fractions determination.
(a) Scope and frequency. If you use a FID analyzer and a nonmethane
cutter to measure methane (CH4), determine the nonmethane
cutter's penetration fractions of CH4, PFCH4 and ethane,
PFC2H6 as described in this section. Perform this check after
installing the nonmethane cutter, and within six months after the
previous check. This check must be repeated within six months of the
check to verify that the catalytic activity of the cutter has not
deteriorated.
(b) Measurement principles. A nonmethane cutter removes nonmethane
hydrocarbons from the exhaust stream before the FID analyzer measures
hydrocarbon concentrations. An ideal nonmethane cutter would have PFCH4
of 1.000, and the penetration fraction for all other hydrocarbons would
be 0.000, as represented by PFC2H6. The emission calculations in Sec.
1065.660 use the actual measured values of PFCH4 and PFC2H6 to account
for less than ideal nonmethane cutter performance.
(c) System requirements. We do not limit penetration fractions to a
certain range. However, we do recommend that you optimize a nonmethane
cutter by adjusting its catalyst temperature to achieve PFCH4 >0.9 and
PFC2H6 <0.1 as determined by paragraph (d) of this section. If we use a
nonmethane cutter for testing, it will meet this recommendation. If
adjusting catalyst temperature does not result in achieving both of
these specifications simultaneously, we recommend that you replace the
catalyst. Use the most recently determined penetration values from this
section to calculate the concentration of NMHC, xNMHC as described in
Sec. 1065.660.
(d) Procedure. Determine penetration fractions as follows:
(1) Select CH4 and C2H6 analytical
gas mixtures that meet the specifications of Sec. 1065.750 with
concentrations typical of the flow-weighted average concentrations
expected at the hydrocarbon standard.
(2) Start and operate the nonmethane cutter according to the
manufacturer's instructions.
(3) Confirm that the FID analyzer meets all of the specifications
of Sec. 1065.360.
(4) Start and operate the FID analyzer according to the
manufacturer's instructions.
(5) Connect the FID analyzer to the outlet of the nonmethane
cutter.
(6) Introduce the CH4 analytical gas mixture upstream of
the nonmethane cutter.
(7) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the nonmethane cutter and
to account for its response.
(8) While the analyzer measures the sample's concentration, record
its output for 60 s at a nominal frequency of 5 Hz to record 300 data
points. Calculate the arithmetic mean of these 300 points.
(9) Reroute the flow path to bypass the nonmethane cutter and
repeat the steps in paragraphs (d)(6) through (d)(8) of this section.
(10) Divide the mean concentration measured through the nonmethane
cutter by the mean concentration measured after bypassing the
[[Page 54961]]
nonmethane cutter. The result is the CH4 penetration
fraction (PFCH4)
(11) Repeat steps in paragraphs (b)(6) through (b)(10) of this
section but with the C2H6 analytical gas mixture
instead of the CH4 analytical gas mixture. The result is the
C2H6 penetration fraction (PFC2H6).
NOX MEASUREMENTS
Sec. 1065.370 CLD CO2 and H2O quench check.
(a) Scope and frequency. If you use a CLD analyzer to measure
NOX, check for H2O and CO2 quench
after installing the CLD analyzer and after performing major
maintenance.
(b) Measurement principles. H2O and CO2 can
negatively interfere with a CLD's NOX response by
collisional quenching, which inhibits the chemiluminescent reaction
that a CLD utilizes to detect NOX. The calculations in Sec.
1065.672 that are used to determine H2O quench account for
the water vapor in humidified NO span gas. The procedure and the
calculations scale the quench results to the water vapor and
CO2 concentrations expected during testing. If your CLD
analyzer uses quench compensation algorithms that utilize
H2O and/or CO2 measurement instruments, use these
instruments to measure H2O and/or CO2 and
evaluate quench with the compensation algorithms applied.
(c) System requirements. A CLD analyzer must have a combined
H2O and CO2 quench of less than 2%,
though we strongly recommend a quench of 1%. Combined
quench is the sum of the CO2 quench determined as described
in paragraph (d) of this section, plus the H2O quench
determined as described in paragraph (e) of this section.
(d) CO2 quench-check procedure. Use the following method
to determine CO2 quench, or use good engineering judgment to
develop a different protocol:
(1) Use PTFE tubing to make necessary connections.
(2) Connect a pressure-regulated CO2 span gas to one of
the inlets of a three-way valve made of 300 series stainless steel. Use
a CO2 span gas that meets the specifications of Sec.
1065.750 and has a concentration that is approximately twice the
maximum CO2 concentration expected during testing, if
available.
(3) Connect a pressure-regulated purified N2 gas to the
valve's other inlet. Use a purified N2 gas that meets the
specifications of Sec. 1065.750.
(4) Connect the valve's single outlet to the balance-gas port of a
gas divider that meets the specifications in Sec. 1065.248.
(5) Connect a pressure-regulated NO span gas to the span-port of
the gas divider. Use an NO span gas that meets the specifications of
Sec. 1065.750. Attempt to use an NO concentration that is
approximately twice the maximum NO concentration expected during
testing,
(6) Configure the gas divider such that nearly equal amounts of the
span gas and balance gas are blended with each other. Apply viscosity
corrections as necessary to appropriately to ensure correct gas divider
operation.
(7) While flowing balance and span gases through the gas divider,
stabilize the CO2 concentration downstream of the gas
divider and measure the CO2 concentration with an NDIR
analyzer that has been prepared for emission testing. Record this
concentration, xCO2 and use it in the quench check
calculations in Sec. 1065.672.
(8) Measure the NO concentration downstream of the gas divider. If
your CLD has an operating mode in which it detects only NO, as opposed
to total NOX, operate the CLD in that operating mode. Record
this concentration, xNO+CO2, and use it in the quench check
calculations in Sec. 1065.672.
(9) Switch the three-way valve so that 100% purified N2
flows to the gas divider's balance-port inlet. Monitor the
CO2 at the gas divider's outlet until its concentration
stabilizes at zero.
(10) Measure NO concentration at the gas divider's outlet. Record
this value, xNO+N2, and use it in the quench check
calculations in Sec. 1065.672.
(11) Calculate CO2 quench as described in Sec.
1065.672.
(e) H2O quench check procedure.
(1) For a CLD analyzer equipped with a sample dryer, as described
in Sec. 1065.145(d)(2)), you may assume an H2O quench value
of 0% if you can show that the dryer maintains less than 4 [deg]C
dewpoint at its outlet when it receives at its inlet the maximum
dewpoint expected during testing. Determine dewpoint as described in
Sec. 1065.145(d)(2)).
(2) For a CLD analyzer without a dryer, take the following steps to
determine H2O quench:
(i) If your CLD has an operating mode in which it detects only NO,
as opposed to total NOX, operate the CLD in that operating
mode.
(ii) Measure an NO calibration span gas that meets the
specifications of Sec. 1065.750 and is near the maximum concentration
expected at the standard. Record this concentration, xNOdry.
(iii) Bubble the same NO gas through distilled water in a sealed
vessel at (25 10) [deg]C. Record the vessel water
temperature, Tsat and pressure, Psat. To prevent
subsequent condensation, make sure the humidified sample will not be
exposed to temperatures lower than Tsat during transport from the
sealed vessel's outlet to the CLD. We recommend heated transfer lines.
(iv) Use the CLD to measure the NO concentration of the humidified
span gas and record this value, xNOwet.
(v) Use the recorded values from this paragraph (e) to calculate
the H2O quench as described in Sec. 1065.672.
(f) If the sum of the H2O quench plus the CO2
quench is not less than 2%, take corrective action by repairing or
replacing the analyzer. Before using a CLD for emission testing,
demonstrate that the corrective action resulted in less than 2%
combined quench.
Sec. 1065.372 NDUV analyzer NMHC and H2O interference
check.
(a) Scope and frequency. If you measure NOX using an
NDUV analyzer, check for H2O and hydrocarbon interference
after initial analyzer installation and after any major maintenance.
(b) Measurement principles. Hydrocarbons and H2O can
positively interfere with an NDUV analyzer by causing a response
similar to NOX. If your NDUV analyzer uses compensation
algorithms that utilize measurements of other gases to meet this
interference check, simultaneously conduct such measurements to test
the algorithms during the analyzer interference check.
(c) System requirements. A NOX NDUV analyzer must have
combined H2O and hydrocarbon interference that is less than
2% of the flow-weighted average concentration of
NOX expected at the standard, as measured in paragraph (d)
of this section, though we strongly recommend a lower interference of
less than 1%.
(d) Procedure. Perform the interference check as follows:
(1) Start, operate, zero, and span the NOX NDUV analyzer
according to the instrument manufacturer's instructions.
(2) We recommend that you extract engine exhaust to perform this
check. Use a CLD that meets the specifications of subpart C of this
part to quantify NOX in the exhaust. Use the CLD response as
the reference value. Also measure NMHC in the exhaust with a FID
analyzer that meets the specifications of subpart C of this part. Use
the FID response as the measured hydrocarbon value.
(3) Upstream of any sample dryer used during testing, introduce the
engine exhaust to the NDUV analyzer.
(4) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the transfer
[[Page 54962]]
line and to account for analyzer response.
(5) While all analyzers measure the sample's concentration, record
300 data points, and calculate the arithmetic means for the three
analyzers.
(6) Subtract the CLD mean from the NDUV mean.
(7) Multiply this difference by the ratio of the flow-weighted
average NMHC concentration expected at the standard to the NMHC
concentration measured during the performance check.
(e) If the result of (7) is less than 2%, then the
analyzer meets this interference check.
(f) You may use a NOX NDUV analyzer that demonstrates
2% or greater H2O interference as long as you
meet all the following criteria:
(1) You try to correct the problem.
(2) The measurement deficiency does not affect your ability to show
that your engines comply with all applicable emission standards.
Sec. 1065.374 ZrO2 NOX analyzer NH3
interference and NO2 response checks.
(a) Scope and frequency. If you use a ZrO2 analyzer to
measure NOX, check for ammonia interference, NO2 response,
and operation under fuel rich conditions after installing the
ZrO2 analyzer and after major maintenance.
(b) Measurement principles. Ammonia (NH3) can positively
interfere with a ZrO2 analyzer by causing a response similar
to NOX. If your ZrO2 analyzer uses compensation
algorithms that utilize measurements of other gases to meet this
interference check, use those analyzers during the NH3
interference check. Because of the catalytic reactions required for
NOX measurement via ZrO2 analyzers, we specify an
NO2 response factor tolerance and an operational check under
net fuel-rich exhaust conditions.
(c) System requirements. A ZrO2 analyzer must have an
NH3 interference less than 2% of the flow-weighted average
concentration of NOX expected at the standard, though we
strongly recommend a lower interference of less than 1%. A
ZrO2 analyzer must also have an NO2 response
factor, RFNO2 of at least 0.95, but not more than 1.05, as
measured in paragraph (e) of this section.
(d) Ammonia interference check. Check for ammonia interference as
follows:
(1) Start, operate, zero, and span the NOX
ZrO2 analyzer according to the instrument manufacturer's
instructions.
(2) Select an NH3 span gas that meets the specifications
of Sec. 1065.750.
(3) Introduce the NH3 span gas at the inlet to the
analyzer.
(4) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the transfer line and to
account for analyzer response.
(5) While the analyzer measures the sample's concentration, record
its output at its nominal frequency to record 300 data points.
Calculate the arithmetic mean of these 300 points.
(6) Multiply this mean by the ratio of expected NH3 to
span gas NH3 concentration. In other words, estimate the
flow-weighted average dry concentration of NH3 expected
during testing, and then divide this value by the concentration of
NH3 in the span gas used for this check. Then multiply this
ratio by the mean of the 300 values recorded during this check.
(e) If the result of paragraph (d)(6) is less than 2% of the flow-
weighted average concentration of NOX expected at the
standard, then the analyzer meets the interference check.
(f) You may use a NOX ZrO2 analyzer that does
not meet this performance check as long as you meet all the following
criteria:
(1) You try to correct the problem.
(2) The measurement deficiency does not affect your ability to show
that your engines comply with all applicable emission standards.
(g) NO2-response check. Check for NO2
response as follows:
(1) Select an NO2 calibration gas that meets the
specifications of Sec. 1065.750. Record the calibration concentration
of the gas.
(2) Start, operate, zero, and span the ZrO2 analyzer
according to the manufacturer's instructions.
(3) Introduce the NO2 calibration gas at the inlet of
the ZrO2 analyzer, and if you use an NO2 to NO
converter upstream of the analyzer during emission testing, introduce
the NO2 upstream of the NO2 to NO converter.
(4) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the analyzer and to
account for detector response.
(5) While the analyzer measures the sample's concentration, record
its output at its nominal frequency to record 300 data points.
Calculate the arithmetic mean of these 300 points.
(6) Divide the mean measured value by the recorded calibration
concentration of the NO2 calibration gas. The result is the
ZrO2 analyzer's response factor for NO2.
(h) If the NO2 response factor is less than 0.95 or
greater than 1.05, take corrective action by repairing or replacing the
analyzer.
(i) Before using a ZrO2 analyzer for emission testing,
demonstrate that the corrective action resulted in an NO2
response factor of at least 0.95. Corrective action may include adding
an NO2 to NO converter to your emission testing system.
(j) You may use a NOX ZrO2 analyzer that has
an NO2 response factor greater than 1.05 as long as you meet
all the following criteria:
(1) You try to correct the problem.
(2) The measurement deficiency does not affect your ability to show
that your engines comply with all applicable emission standards.
(k) Oxygen debt check. If you use a NOX ZrO2
analyzer in exhaust that has oxygen, then you do not have to perform
this check. However, if you use a NOX ZrO2
analyzer in exhaust that has no oxygen and some CO and hydrocarbons,
then perform this check as follows:
(1) Start, operate, zero, and span the NOX
ZrO2 analyzer according to the instrument manufacturer's
instructions using a span gas that contains only NO and a balance gas.
The span gas must not contain CO or hydrocarbons.
(2) Select a tri-blend span gas of NO, CO and
C3H8 that meets the specifications of Sec.
1065.750, and record the NO concentration.
(3) Introduce the tri-blend span gas at the inlet to the analyzer.
(4) Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the transfer line and to
account for analyzer response.
(5) While the analyzer measures the sample's concentration, record
its output at its nominal frequency to record 300 data points.
Calculate the arithmetic mean of these 300 points.
(l) If the mean calculated in paragraph (k)(5) of this section is
not within 2% of the tri-blend NO concentration, take
corrective action by repairing or replacing the analyzer, or do not use
it to measure NOX in exhaust with an oxygen debt (i.e., net
fuel-rich exhaust).
(m) Before using a ZrO2 analyzer for emission testing in
exhaust that has an oxygen debt, demonstrate that corrective action
resulted in an oxygen debt check that returns a mean in paragraph
(k)(5) of this section of at least 98% of the tri-blend NO
concentration.
(n) You may use a NOX ZrO2 analyzer for
emission testing in exhaust that has an oxygen debt if the mean in
paragraph (k)(5) of this section is greater than 102% of the tri-blend
NO concentration as long as you meet all the following criteria:
(1) You try to correct the problem.
(2) The measurement deficiency does not affect your ability to show
that your engines comply with all applicable emission standards.
[[Page 54963]]
Sec. 1065.376 Chiller NO2 penetration.
(a) Scope and frequency. If you use a chiller to dry a sample
upstream of a NOX measurement instrument, but you don't use
an NO2 to NO converter upstream of the chiller, you must
perform this check. Perform this check after initial installation and
after major maintenance.
(b) Measurement principles. A chiller removes water, which can
otherwise interfere with a NOX measurement. However, liquid
water in an improperly designed chiller can remove NO2 from
the sample. Therefore, if a chiller is used without an NO2
to NO converter upstream, it could remove NO2 from the
sample prior to NOX measurement.
(c) System requirements. An chiller must meet the following
performance check so that at least 95% of the total NOX is
measured at the lowest expected NO/NOX fraction.
(d) Procedure. Use the following procedure to check the performance
of your chiller.
(1) Instrument setup. Follow the analyzer and chiller
manufacturers' start-up and operation instructions. Adjust the analyzer
and chiller as needed to optimize performance.
(2) Equipment setup. Connect an ozonator's inlet to a zero air
source and connect its outlet to one port of a 3-way tee fitting.
Connect an NO span gas to another port of the tee. Connect a heated
line at 100 [deg]C to the last port, and connect a heated 3-way tee to
the other end of the line. Connect a dewpoint generator set at a
dewpoint of 50 [deg]C to one end of a heated line at 100 [deg]C.
Connect the other end of the line to the heated tee, and connect a
third 100 [deg]C heated line to the chiller inlet. Provide an overflow
vent line at the chiller inlet.
(3) For the steps in paragraphs (d)(4) through (7) of this section,
set your analyzer to measure only NO (e.g., NO mode), or only read the
NO channel of your analyzer.
(4) Initial NOX adjustment. With the dewpoint generator
and the ozonator off, adjust the NO and zero gas flows so that the NO
concentration at the analyzer is at 2 times the peak total
NOX concentration expected during testing. Verify that gas
is flowing out of the overflow vent line.
(5) Total NOX adjustment. Turn on the dewpoint generator
and adjust its flow so that the NO concentration at the analyzer is at
the peak total NOX concentration expected during testing.
Verify that gas is flowing out of the overflow vent line.
(6) NO/NOX adjustment. Turn on the ozonator and adjust
the ozonator so that the NO concentration measured by the analyzer
decreases to represent the minimum NO/NOX fraction expected
during testing. Calculate this fraction as the NO concentration with
the ozonator on divided by the NO concentration with the ozonator off.
Determine your expected minimum fraction from previous emission tests
or estimate it based on good engineering judgment. For example, for a
stoichiometric spark-ignition engine, this minimum fraction may be (90
to 95)% NO/NOX; for a compression-ignition engine, this
minimum fraction may be (65 to 85)% NO/NOX. In the case of a
compression-ignition engine with an NO2 storage and
reduction aftertreatment system, this ratio may be (0 to 10)% NO/
NOX.
(7) If you cannot adjust the ozonator to achieve the expected
minimum NO/NOX fraction, select a higher concentration NO
span gas and repeat steps in paragraphs (d)(3) through (6). This will
increase the amount of zero air flow to the ozonator. If this solution
does not work, you may substitute the zero air with purified
O2.
(8) Data collection. Maintain the ozonator adjustment in paragraph
(d)(6) of this section, but turn off power to the ozonator.
(i) Switch the analyzer to measure total NOX
(NOX mode) or measure NOX as the sum of your
analyzer NO and NO2 readings.
(ii) Allow for stabilization, accounting for transport delays and
instrument response.
(iii) Calculate the mean of 25 samples from the analyzer and record
this value as NOxref.
(iv) Turn on the ozonator and allow for stabilization, accounting
for transport delays and instrument response.
(v) Calculate the mean of 25 samples from the analyzer and record
this value as NOxmeas.
(vi) Switch the ozonator off.
(vii) Repeat steps in paragraphs (d)(8)(i) through (vi) to record
seven values of NOxref and seven values of
NOxmeas.
(9) Performance evaluation. Calculate the means of the
NOXref and NOxmeas values. Divide the mean
NOxmeas by the mean NOxref. If the result is less
than 95%, repair or replace the chiller.
Sec. 1065.378 NO2-to-NO converter conversion check.
(a) Scope and frequency. If you use an analyzer that measures only
NO to determine NOX, you must use an NO2 to NO
converter upstream of the analyzer. Perform this check after installing
the converter and within six months after the last check. This check
must be repeated within six months of the check to verify that the
catalytic activity of the NO2 to NO converter has not
deteriorated.
(b) Measurement principles. An NO2 to NO converter
allows an analyzer that measures only NO to determine total
NOX by converting the NO2 in exhaust to NO.
(c) System requirements. An NO2-to-NO converter must
meet the following performance check so that at least 95% of the total
NOX is measured at the lowest expected NO/NOX
fraction.
(d) Procedure. Use the following procedure to check the performance
of your NO2 to NO converter.
(1) Instrument setup. Follow the analyzer and NO2 to NO
converter manufacturers' start-up and operation instructions. Adjust
the analyzer and converter as needed to optimize performance.
(2) Equipment setup. Connect an ozonator's inlet to a zero air
source and connect its outlet to one port of a 4-way cross fitting.
Connect an NO span gas to another port of the cross. Connect the
NO2 to NO converter inlet to another port, and connect an
overflow vent line to the last port.
(3) Total NOX adjustment. With the NO2 to NO
converter in the bypass mode (e.g., NO mode) and the ozonator off,
adjust the NO and zero gas flows so that the NO concentration at the
analyzer is at the peak total NOX concentration expected
during testing. Verify that gas is flowing out of the overflow vent.
(4) NO/NOX adjustment. With the NO2 to NO
converter still in the bypass mode, turn on the ozonator and adjust the
ozonator so that the NO concentration measured by the analyzer
decreases to represent the minimum NO/NOX fraction expected
during testing. Calculate this fraction as the NO concentration with
the ozonator on divided by the NO concentration with the ozonator off.
Determine your expected minimum fraction from previous emission tests
or estimate it based on good engineering judgment. For example, for a
stoichiometric spark-ignition engine, this minimum fraction may be (90
to 95)% NO/NOX; for a compression-ignition engine, this
minimum fraction may be (65 to 85)% NO/NOX. In the case of a
compression-ignition engine with an NO2 storage and
reduction aftertreatment system, this ratio may be (0 to 10)% NO/
NOX.
(5) If you cannot adjust the ozonator to achieve the expected
minimum NO/NOX fraction, select a higher concentration NO
span gas and repeat steps in paragraphs (d)(3) and (4). This will
increase the amount of zero air flow to the ozonator. If this solution
does not
[[Page 54964]]
work, you may substitute the zero air with purified O2.
(6) Data collection. Maintain the ozonator adjustment in paragraph
(d)(4) of this section, but turn off power to the ozonator. Switch the
NO2 to NO converter from bypass mode to sample mode (e.g.,
NOX mode) so that the sample flows through the converter to
the analyzer.
(i) Allow for stabilization, accounting only for transport delays
and instrument response.
(ii) Calculate the mean of 25 samples from the analyzer and record
this value as NOxref.
(iii) Turn on the ozonator and allow for stabilization, accounting
only for transport delays and instrument response. Do not allow extra
stabilization time to account for NO2 to NO converter
response.
(iv) Calculate the mean of 25 samples from the analyzer and record
this value as NOxmeas.
(v) Switch the ozonator off.
(vi) Repeat the steps in paragraphs (d)(6)(i) through (v) of this
section to record seven values of NOxref and seven values of
NOxmeas.
(7) Performance evaluation. Calculate the means of the
NOxref and NOxmeas values. Divide the mean
NOxmeas by the mean NOxref. If the result is less
than 95%, repair or replace the NO2 to NO converter.
PM Measurements
Sec. 1065.390 PM balance and weighing process performance check.
(a) Scope and frequency. If you measure PM, check the balance
performance and the PM weighing environment as described in this
section within 12 h before weighing.
(b) Measurement principles. You must check balance performance by
zeroing and spanning it. Use calibration weights that meet the
specifications in Sec. 1065.790 to perform this check. You must also
check the PM-weighing environment and weighing process to make sure it
has not been compromised by improper balance operation, environmental
contamination, or some other problem with the weighing process.
(c) System requirements. Zero and span the balance. The reference
sample weighing procedure described in paragraph (e) of this section
must return a change in the reference samples' mean mass of no more
than 10% of the net PM mass expected at the standard or
10 [mu]g, whichever is higher, and 10 mg if the
expected PM mass at the standard is not known. For example, a central
PM weighing lab might not have information about an applicable
standard, the amount of exhaust dilution, and the amount of exhaust
sampled to determine an expected value. If the reference sample
weighing procedure exceeds this threshold, invalidate all PM results
that were sampled after the last time the reference sample weighing
procedure was within these specifications.
(d) Procedure for checking balance performance. If you normally use
average values by repeating the weighing process to improve the
accuracy and precision of PM measurements, use the same process to
check balance performance using either of the following procedures. Use
an automated procedure to check balance performance if it meets the
intent described in paragraph (b) of this section. Otherwise use a
manual procedure in which you zero the balance and span the balance
with a calibration weight.
(e) Procedure for checking reference sample weighing procedures.
Check the reference sample weighing procedure as follows:
(1) Keep at least two unused PM sample media in the PM-
stabilization environment for use as reference samples. If you collect
PM with filters, select unused filters of the same medium and size for
use as reference samples. You may periodically replace reference
samples, using good engineering judgment.
(2) Stabilize reference samples. Consider reference samples
stabilized if they have been in the PM-stabilization environment for a
minimum of 30 min, and the PM-stabilization environment has been within
the specifications of Sec. 1065.190(c) for at least the preceding 30
min.
(3) Exercise the balance several times with a reference sample. We
recommend weighing ten samples without recording values.
(4) Zero and span the balance.
(5) Weigh each of the reference samples and record the arithmetic
mean of their masses. We recommend using substitution weighing as
described in Sec. 1065.590(h). You may repeat weighing to improve
accuracy and precision.
(6) Record the balance environment dewpoint, ambient temperature,
and barometric pressure.
(7) Use the recorded ambient conditions to correct results for
buoyancy as described in Sec. 1065.690. Record the buoyancy-corrected
mean mass of the reference samples.
(8) Quantify the mean mass change of reference samples by
subtracting the buoyancy-corrected mean mass from the corresponding
value from the last time you checked PM weighing procedures under this
paragraph (e).
(f) If the reference samples' mean mass changes by more than 10% of
the net PM mass expected at the standard or by 10 [mu]g,
whichever is greater, invalidate all PM results that were sampled after
the last time the reference sample weighing procedure was within this
specification. Before using a balance for emission testing, replace
reference samples and establish their mean mass.
Subpart E--Engine Selection, Preparation, and Maintenance
Sec. 1065.401 Test engine selection.
While all engine configurations within a certified engine family
must comply with the applicable standards in the standard-setting part,
you need not test each configuration for certification.
(a) Select an engine configuration within the engine family for
testing, as follows:
(1) Test the engine that we specify, whether we issue general
guidance or give you specific instructions.
(2) If we do not tell you which engine to test, follow any
instructions in the standard-setting part.
(3) If we do not tell you which engine to test and the standard-
setting part does not include specifications for selecting test
engines, use good engineering judgment to select the engine
configuration within the engine family that is most likely to exceed an
emission standard.
(b) In the absence of other information, the following
characteristics are appropriate to consider when selecting the engine
to test:
(1) Maximum fueling rates.
(2) Maximum loads.
(3) Maximum in-use speeds.
(4) Highest sales volume.
(c) We may select any engine configuration within the engine family
for our testing.
Sec. 1065.405 Test engine preparation and maintenance.
(a) If you are testing an emission-data engine for certification,
make sure it is built to represent production engines.
(b) Run the test engine, with all emission-control systems
operating, long enough to stabilize emission levels. If you accumulate
50 h of operation for a spark-ignition engine or 125 h for a
compression-ignition engine, you may consider emission levels stable
without measurement. If the engine needs more operation to stabilize
emission levels, record your reasons and the methods for doing this,
and give us these records if
[[Page 54965]]
we ask for them. You may also use the provisions of Sec. 1065.10 to
request a shorter period of engine operation at which emission levels
may be considered stable without measurement.
(c) Do not service the test engine before you stabilize emission
levels, unless we approve such maintenance in advance. This prohibition
does not apply to your recommended oil and filter changes for newly
produced engines, or to idle-speed adjustments.
(d) For accumulating operating hours on your test engines, select
engine operation that represents normal in-use operation for the engine
family.
(e) If your engine will be used in a vehicle equipped with a
canister for storing evaporative hydrocarbons for eventual combustion
in the engine, attach a canister fully loaded with fuel vapors before
running a test. Connect the canister's purge port to the engine and
plug the canister port that is normally connected to the fuel tank. Use
a canister and plumbing arrangement that represents the in-use
configuration of the largest capacity in all expected applications. You
may request to omit using an evaporative canister during testing if you
can show that it would not affect your ability to show compliance with
the applicable emission standards. You do not have to accumulate engine
operation with an installed canister.
Sec. 1065.410 Maintenance limits for stabilized test engines.
(a) After you stabilize the test engine's emission levels, you may
do maintenance, other than during emission testing, as the standard-
setting part specifies. However, you may not do any maintenance based
on emission measurements from the test engine.
(b) Other than critical emission-related maintenance, you specify
in your application for certification, you must completely test an
engine for emissions before and after doing any maintenance that might
affect emissions, unless we waive this requirement.
(c) Unless we approve otherwise in advance, you may not use
equipment, instruments, or tools to identify bad engine components
unless you specify they should be used for scheduled maintenance on
production engines. In this case, if they are not generally available,
you must also make them available at dealerships and other service
outlets.
(d) You may adjust, repair, disassemble, or replace the test engine
only with our approval. We may approve these steps if all the following
occur:
(1) Something clearly malfunctions--such as persistent misfire,
engine stall, overheating, fluid leaks, or loss of oil pressure--and
needs maintenance or repair.
(2) You provide us an opportunity to verify the extent of the
malfunction before you do the maintenance.
(e) If we determine that a part failure, system malfunction, or
associated repairs have made the engine's emission controls
unrepresentative of production engines, you may no longer use it as a
test engine. Also, if your test engine has a major mechanical failure
that requires you to take it apart, you may no longer use it as a test
engine.
Sec. 1065.415 Durability demonstration.
If the standard-setting part requires durability testing, you must
accumulate service in a way that represents how you expect the engine
to operate in use. You may accumulate service hours using an
accelerated schedule, such as through continuous operation.
(a) Maintenance. The following limits apply to the maintenance that
we allow you to do on a test engine:
(1) You may perform scheduled maintenance that you recommend to
operators, but only if it is consistent with the standard-setting
part's restrictions.
(2) You may perform additional maintenance only as specified in
Sec. 1065.410(b).
(b) Emission measurements. Perform emission tests following the
provisions of this part and the standard-setting part. Perform emission
tests to determine deterioration factors consistent with good
engineering judgment. Evenly space any tests between the first and last
test points throughout the durability period, unless we approve
otherwise.
Subpart F--Running an Emission Test in the Laboratory
Sec. 1065.501 Overview.
(a) Use the procedures detailed in this subpart to measure engine
emissions in a laboratory by performing the following tasks:
(1) Map your engine by recording specified torque and speed data.
(2) Use your engine map to transform normalized duty cycles into
reference duty cycles for your engine.
(3) Prepare your engine, equipment, and measurement instruments for
an emission test.
(4) Perform pre-test procedures to verify proper operation of
certain equipment and analyzers.
(5) Record pre-test data.
(6) Start or restart the engine and sampling systems.
(7) Sample emissions throughout the duty cycle.
(8) Record post-test data.
(9) Perform post-test procedures to verify proper operation of
certain equipment and analyzers.
(b) The general test consists of a duty cycle made of one or more
of the following segments (check the standard-setting part for specific
duty cycles):
(1) Either a cold-start transient cycle where you measure
emissions, or a warm-up cycle where you do not measure emissions.
Transient testing consists of a sequence of target values for speed and
torque that change continuously throughout the duty cycle.
(2) A hot-start transient test. Some duty cycles may omit engine
starting from the ``hot-start'' cycle.
(3) A steady-state test with a warmed-up engine. Steady-state tests
may involve discrete-mode testing or ramped-modal testing. Discrete-
mode testing consists of a series of discrete test modes with engine
operation stabilized at fixed speeds and torques, with separate
emission measurements for each mode. Ramped-modal testing consists of a
continuous time trace that includes a series of stable operating modes
connected by defined transitions, with a single emission measurement
for the whole cycle.
(c) Other subparts in this part identify how to select and prepare
an engine for testing (subpart E), perform the required engine service
accumulation (subpart E), and calculate emission results (subpart G).
(d) Subpart J of this part describes how to perform field testing.
Sec. 1065.510 Engine mapping.
(a) Scope and frequency. An engine map is a data set that consists
of a series of paired values for engine speed and maximum brake torque.
Map your engine while it is connected to a dynamometer. Use the most
recent engine map to transform a normalized duty cycle from the
standard-setting part to a reference duty cycle specific to your
engine. Normalized duty cycles are specified in the standard-setting
part. Map or re-map an engine before a test if any of the following
apply:
(1) You have not performed an initial engine map.
(2) The barometric pressure near the engine's air inlet is not
within 5% of the barometric pressure recorded at the time of the last
engine map.
(3) The engine or emission-control system has undergone changes
that might affect maximum torque performance.
(4) You capture an incomplete map on your first attempt or you do
not
[[Page 54966]]
complete a map within the specified time tolerance. You may repeat
mapping as necessary to capture a complete map within the specified
time.
(5) You may update an engine map at any time by repeating the
engine-mapping procedure.
(b) Mapping variable-speed engines. Map variable-speed engines as
follows:
(1) Record the barometric pressure.
(2) Warm up the engine by operating it at any speed and at
approximately 75% of the engine's expected maximum power until either
the engine coolant's temperature or block absolute temperature is
within 2% of its mean value for at least 2 min or until the
engine thermostat controls engine temperature.
(3) Operate the engine at its warm, no-load idle speed.
(4) Set operator demand to maximum and control engine speed at (95
1)% of its warm, no-load idle speed for at least 15 s. For
engines with reference duty cycles whose lowest speed is greater than
warm, no-load idle speed, you may start the map at (95 1)%
of the lowest reference speed.
(5) Perform one of the following:
(i) For any naturally aspirated engine or for any engine subject
only to steady-state duty cycles, you may map it at discrete speeds by
selecting at least 20 evenly spaced setpoints between warm, no-load
idle and the highest speed above maximum mapped power at which (50 to
75)% of maximum power occurs. At each setpoint, stabilize speed and
allow torque to stabilize. Record the average speed and torque at each
setpoint. We recommend that you stabilize an engine for at least 15 s
at each setpoint and record the average feedback speed and torque of
the last (4 to 6) s. Use linear interpolation to determine intermediate
speed and torque values.
(ii) For any variable-speed engine, you may map it by using a
continuous sweep of speed by continuing to record the mean feedback
speed and torque at 1 Hz or more frequently and increasing speed at a
constant rate such that it takes (4 to 6) min to sweep from 95% of
warm, no-load idle to the highest speed above maximum power at which
(50 to 75)% of maximum power occurs. Stop recording after you complete
the sweep. From the series of mean speed and maximum torque values, use
linear interpolation to determine intermediate values. Use this series
of speed and torque values to generate the power map as described in
paragraph (e) of this section.
(c) Negative torque mapping. If your engine is subject to a
reference duty cycle that specifies negative torque values, generate a
motoring map by any of the following procedures:
(1) Multiply the positive torques from your map by -40%. Use linear
interpolation to determine intermediate values.
(2) Map the amount of negative torque required to motor the engine
by repeating paragraph (c) of this section without fuel, or with
minimum operator demand if operating without fuel would damage the
engine.
(3) Determine the amount of negative torque required to motor the
engine at the following two points: at warm, no-load idle and at the
highest speed above maximum power at which (50 to 75)% of maximum power
occurs. Operate the engine without fuel, or with minimum operator
demand if operating without fuel would damage the engine. Use linear
interpolation to determine intermediate values.
(d) Mapping constant-speed engines. For constant-speed engines,
generate a map as follows:
(1) Record the barometric pressure.
(2) Warm up the engine by operating it at any speed and at
approximately 75% of the engine's expected maximum power until either
the engine coolant's temperature or block absolute temperature is
within 2% of its mean value for at least 2 min or until the
engine thermostat controls engine temperature.
(3) You may operate the engine with a production constant-speed
governor or simulate a constant-speed governor by controlling engine
speed with an operator demand control system described in Sec.
1065.110. The installed governor may be an isochronous or a speed-droop
governor.
(4) With the governor or simulated governor controlling speed via
operator demand, operate the engine at no-load governed speed (at high
speed, not low idle) for at least 15 s.
(5) Record mean feedback speed and torque at 1 Hz or more
frequently and use the dynamometer to increase torque at a constant
rate. Unless the standard setting part specifies otherwise, complete
the map such that it takes (2 to 4) min to sweep from no-load governed
speed to the lowest speed below maximum mapped power at which the
engine develops (85-95)% of maximum mapped power. You may map your
engine to lower speeds. Stop recording after you complete the sweep.
Use this series of speed and torque values to generate the power map as
described in paragraph (e) of this section.
(e) Power mapping. For all engines, create a power-versus-speed map
by transforming torque and speed values to corresponding power values.
Use the mean values from the recorded map data. Do not use any
interpolated values. Multiply each torque by its corresponding speed
and apply the appropriate conversion factors to arrive at units of
power (kW).
(f) Test speed and test torque. Transform your duty cycles using
maximum test speed for variable-speed engines and maximum test torque
for constant-speed engines. You may declare maximum test speed before
mapping as long as it is within (97.5 to 102.5)% of its mapped value.
You may declare maximum test torque before mapping as long as it is
within (95 to 100)% of its mapped value. Otherwise, you must use the
measured value for transforming duty cycles.
(g) Other mapping procedures. You may use other mapping procedures
if you believe the procedures specified in this section are unsafe or
unrepresentative for your engine. Any alternate techniques must satisfy
the intent of the specified mapping procedures, which is to determine
the maximum available torque at all engine speeds that occur during a
duty cycle. Report any deviations from this section's mapping
procedures.
Sec. 1065.512 Duty cycle generation.
(a) The standard-setting part defines applicable duty cycles in a
normalized format. A normalized duty cycle consists of a sequence of
paired values for speed and torque or for speed and power.
(b) Transform normalized values of speed, torque, and power using
the following conventions:
(1) Engine speed for variable-speed engines. For variable-speed
engines, normalized speed may be expressed as a percentage between idle
speed and maximum test speed, fntest, or speed may be
expressed by referring to a defined speed by name, such as ``warm, no-
load idle,'' ``intermediate speed,'' or ``A,'' ``B,'' or ``C'' speed.
Section 1065.610 describes how to transform these normalized values
into a sequence of reference speeds, fnref. Note that the
cycle validation criteria in Sec. 1065.514 allow an engine to govern
itself at its in-use idle speed. This allowance permits you to test
engines with enhanced-idle devices.
(2) Engine torque for variable-speed engines. For variable-speed
engines, normalized torque is expressed as a percentage of the mapped
torque at the corresponding reference speed. Section 1065.610 describes
how to transform normalized torques into a sequence of reference
torques, Tref. Section 1065.610 also describes under what
conditions
[[Page 54967]]
you may command Tref greater than the reference torque you
calculated from a normalized duty cycle. This provision permits you to
command Tref values representing curb-idle transmission
torque (CITT).
(3) Engine torque speed for constant-speed engines. For constant-
speed engines, normalized torque is expressed as a percentage of
maximum test torque, Ttest. Section 1065.610 describes how
to transform normalized torques into a sequence of reference torques,
Tref. Section 1065.610 also describes under what conditions
you may command Tref greater than 0 Nm when a normalized
duty cycle specifies a 0% torque command.
(4) Engine power. For all engines, normalized power is expressed as
a percentage of mapped power at maximum test speed, fntest.
Section 1065.610 describes how to transform these normalized values
into a sequence of reference powers Pref. You may convert
these reference powers to reference speeds and torques for operator
demand and dynamometer control.
(c) Commands for variable-speed engines. Command reference speeds
and torques sequentially to perform a duty cycle. Update commands and
record reference and feedback values at a frequency of at least 5 Hz.
Use smooth transitions between reference values.
(d) Commands for constant-speed engines. Use dynamometer controls
to command reference torques sequentially for performing a duty cycle.
Operate the engine with a production constant-speed governor or
simulate a constant-speed governor by controlling engine speed with an
operator demand control system described in Sec. 1065.110. Update
commands and record reference and feedback values at a frequency of at
least 5 Hz. Use smooth transitions between reference values.
(e) Practice cycles. You may perform practice duty cycles with the
test engine to optimize operator demand and dynamometer controls to
meet the cycle validation criteria specified in Sec. 1065.514.
Sec. 1065.514 Cycle validation criteria.
This section describes how to determine if a test engine's feedback
speeds and torques adequately matched the reference values in a duty
cycle. For any data required in this section, use the reference and
feedback values that you recorded during a test interval.
(a) Testing performed by EPA. Our tests must meet the
specifications of paragraph (g) of this section, unless we determine
that failing to meet the specifications is related to engine
performance rather than shortcomings of the dynamometer or other
laboratory equipment.
(b) Testing performed by manufacturers. Emission tests that meet
the specifications of paragraph (g) of this section satisfy the
standard-setting part's requirements for duty cycles. You may ask to
use a dynamometer or other laboratory equipment that cannot meet those
specifications. We will approve your request as long as using the
alternate equipment does not affect your ability to show compliance
with the applicable emission standards.
(c) Time-alignment. Because time lag between feedback values and
the reference values may bias cycle validation results, you may advance
or delay the entire sequence of feedback engine speed and torque pairs
to synchronize them with the reference sequence.
(d) Power. Before omitting any points under paragraph (e) of this
section, calculate feedback power, Pi and reference power,
Prefi, and calculate total work, W and reference work,
Wref, as described in Sec. 1065.650. Omit any points
recorded during engine cranking. Cranking includes any time when an
engine starter is engaged and any time when the engine is motored with
a dynamometer for the sole purpose of starting the engine. See Sec.
1065.525(a) and (b) for more information about engine cranking.
(e) Omitting additional points. In addition to omitting points
recorded during cranking, according to paragraph (d) of this section,
you may also omit certain points from duty cycle regression statistics,
which are also summarized in Table 1 of this section, as follows:
(1) When operator demand is at its minimum you may omit the
following points:
(i) Power and torque, if the reference torque is negative (i.e.,
engine motoring).
(ii) Power and speed, if the reference speed corresponds to an idle
command (0%), the reference torque corresponds to a minimum command
(0%), and the absolute value of the feedback torque is less than the
corresponding reference torque plus 2% of the maximum mapped torque.
(iii) Two out of three of power, torque, and speed if either
feedback speed or feedback torque is greater its reference command. You
may not omit a point from regression statistics if both feedback speed
and torque are greater than their reference commands.
(2) When operator demand is at its maximum, you may omit two out of
three of power, torque, and speed if either feedback speed or feedback
torque is less than its reference command. You may not omit a point
from regression statistics if both feedback speed and torque are less
than their reference commands.
Table 1 of Sec. 1065.514.--Summary of Point Omission Criteria From
Duty-Cycle Regression Statistics
------------------------------------------------------------------------
When operator demand is at
its . . . you may omit . . . if . . .
------------------------------------------------------------------------
minimum..................... power and torque.... Tref < 0.
minimum..................... power and speed..... fnref = idle (0%)
and Tref = minimum
(0%) and T < Tref
2%
Tmax mapped.
minimum..................... 2 out of 3 of power, fn > fnref or T >
torque, and speed. Tref but not if fn
> fnref and T >
Tref.
maximum..................... 2 out of 3 of power, fn < fnref or T <
torque, and speed. Tref but not if fn
< fnef and T <
Tref.
------------------------------------------------------------------------
(f) Use the remaining points to calculate regression statistics
described in Sec. 1065.602, as follows:
(1) Slopes for feedback speed, a1fn, feedback torque,
a1T, and feedback power a1P.
(2) Intercepts for feedback speed, a0fn, feedback
torque, a0T, and feedback power a0P.
(3) Standard estimates of error for feedback speed,
SEfn, feedback torque, SET, and feedback power
SEP.
(4) Coefficients of determination for feedback speed,
r2fn, feedback torque, r2T, and
feedback power r2P.
(g) Cycle statistics. Unless the standard-setting part specifies
otherwise, use the following criteria to validate a duty cycle:
[[Page 54968]]
(1) For variable-speed engines only, feedback total work must be at
or below 105% of reference total work.
(2) For variable-speed engines only, apply all the statistical
criteria in Table 2 of this section.
(3) For constant-speed engines, apply the statistical criteria only
for torque in the Table 2 of this section.
Table 2 of Sec. 1065.514>.--Default Statistical Criteria for Validating Duty Cycles
----------------------------------------------------------------------------------------------------------------
Parameter Speed Torque Power
----------------------------------------------------------------------------------------------------------------
Slope, a1............................ 0.950 <= a1 <= 1.030... 0.830 <= a1 <= 1.030... 0.830 <= a1 <= 1.030
Absolute value of intercept, <=a0<=.. <= 10% of warm idle.... <= 2% of maximum mapped <= 2% of maximum mapped
torque. power.
Standard error of estimate, SE....... <= 5% of maximum test <= 10% of maximum <= 10% of maximum
speed. mapped torque. mapped power.
Coefficient of determination, r2..... >= 0.970............... >= 0.850............... >= 0.910.
----------------------------------------------------------------------------------------------------------------
Sec. 1065.520 Pre-test verification procedures and pre-test data
collection.
(a) If your engine must comply with a PM standard, follow the
procedures for PM sample preconditioning and tare weighing in Sec.
1065.590.
(b) Unless the standard-setting part specifies different values,
verify that ambient conditions before the test are within the following
tolerances:
(1) Ambient temperature of (20 to 30) [deg]C.
(2) Barometric pressure of (80.000 to 103.325) kPa and within
5% of the value recorded at the time of the last engine
map.
(3) Dilution air as specified in Sec. 1065.140(b).
(c) You may test engines at any humidity.
(d) You may perform a final calibration of the speed, torque, and
proportional-flow control systems, which may include performing
practice duty cycles.
(e) You may perform the following recommended procedure to
precondition sampling systems:
(1) Start the engine and use good engineering judgment to bring it
to 100% torque above its peak-torque speed.
(2) Operate any dilution systems at their expected flow rates.
Prevent aqueous condensation in the dilution systems.
(3) Operate any PM sampling systems at their expected flow rates.
(4) Sample PM for at least 10 min using any sample media. You may
change sample media during preconditioning. You may discard
preconditioning samples without weighing them.
(5) You may purge any gaseous sampling systems during
preconditioning.
(6) You may conduct calibrations or performance checks on any idle
equipment or analyzers during preconditioning.
(7) Proceed with the test sequence described in Sec.
1065.530(a)(1).
(f) HC contamination check. After the last practice or
preconditioning cycle before an emission test, check for contamination
in the HC sampling system as follows:
(1) Select the HC analyzer range for measuring the flow-weighted
average concentration expected at the HC standard.
(2) Zero the HC analyzer using zero air introduced at the analyzer
port.
(3) Span the HC analyzer using span gas introduced at the analyzer
port. Span on a carbon number basis of one (1), C1. For
example, if you use a C3H8 span gas of
concentration 200 [mu]mol/mol, span the FID to respond with a value of
600 [mu]mol/mol.
(4) Overflow zero air at the HC probe or into a fitting between the
HC probe and the transfer line.
(5) Measure the HC concentration in the sampling system, as
follows:
(i) For continuous sampling, record the mean HC concentration as
overflow zero air flows.
(ii) For batch sampling, fill the sample medium and record its mean
HC concentration.
(6) Record this value as the initial HC concentration,
xHCinit, and use it to correct measured values as described
in Sec. 1065.660.
(7) If xHCinit exceeds the greatest of the following
values, determine the source of the contamination and take corrective
action, such as purging the system or replacing contaminated portions:
(i) 2% of the flow-weighted average concentration expected at the
standard or measured during testing, whichever is greater.
(ii) 2 [mu]mol/mol.
(8) If corrective action does not resolve the deficiency, you may
request to use the contaminated system as an alternate procedure under
Sec. 1065.10.
Sec. 1065.525 Engine starting, restarting, and shutdown.
(a) Start the engine using one of the following methods:
(1) Start the engine as recommended in the owners manual using a
production starter motor and a fully charged battery or a power supply.
(2) Use the dynamometer to start the engine. To do this, motor the
engine within 25% of its typical in-use cranking speed.
Accelerate the engine to cranking speed within 25% of the
time it would take with an in-use engine. Stop cranking within 1 s of
starting the engine.
(b) If the engine does not start after 15 s of cranking, stop
cranking and determine why the engine failed to start, unless the
owners manual or the service-repair manual describes the longer
cranking time as normal.
(c) Respond to engine stalling with the following steps:
(1) If the engine stalls during warm-up before emission sampling
begins, restart the engine and continue warm-up.
(2) If the engine stalls during preconditioning before emission
sampling begins, restart the engine and restart the preconditioning
sequence.
(3) If the engine stalls at any other time after emission sampling
begins, the test is void.
(d) Shut down the engine according to the manufacturer's
specifications.
Sec. 1065.530 Emission test sequence.
(a) Time the start of testing as follows:
(1) Perform one of the following if you precondition sampling
systems as described in Sec. 1065.520(d):
(i) For cold-start duty cycles, shut down the engine. Unless the
standard-setting part specifies otherwise, you may use forced cooling
to stabilize the temperature of the engine and any aftertreatment
systems. You may start a cold-start duty cycle when the temperatures of
an engine's lubricant, coolant, and aftertreatment systems are between
(20 and 30) [deg]C.
(ii) For hot-start emission measurements, shut down the engine.
Start a hot-start duty cycle within 20 min of engine shutdown.
(iii) For testing that involves hot-stabilized emission
measurements, such as steady-state testing, you may continue to operate
the engine at fntestand 100% torque if that is the first operating
point. Otherwise, operate the
[[Page 54969]]
engine at warm, no-load idle or the first operating point of the duty
cycle. In any case, start the duty cycle within 10 min after you
complete the preconditioning procedure.
(2) For all other testing, perform one of the following:
(i) For cold-start duty cycles, start the engine and the duty cycle
when the temperatures of an engine's lubricant, coolant, and
aftertreatment systems are between (20 and 30) [deg]C. Unless the
standard-setting part specifies otherwise, you may use forced cooling
to stabilize the temperature of the engine and any aftertreatment
system.
(ii) For hot-start emission measurements, first operate the engine
at any speed above peak-torque speed and at (65 to 85)% of maximum
mapped power until either the engine coolant temperature or block
absolute temperature is within 2% of its mean value for at least 2 min
or until the engine thermostat controls engine temperature. Shut down
the engine. Start the duty cycle within 20 min of engine shutdown.
(iii) For testing that involves hot-stabilized emission
measurements, bring the engine either to warm, no-load idle or the
first operating point of the duty cycle. Start the test within 10 min
of achieving temperature stability. You may determine temperature
stability either as the point at which the engine coolant temperature
or the block absolute temperature is within 2% of its mean value for at
least 2 min, or the point at which the engine thermostat controls
engine temperature.
(b) Take the following steps before emission sampling begins:
(1) For batch sampling, connect clean storage media, such as
evacuated bags or tare-weighed filters.
(2) Start all measurement instruments according to the instrument
manufacturer's instructions.
(3) Start dilution systems, sample pumps, cooling fans, and the
data-collection system.
(4) Preheat any heat exchangers in the sampling system.
(5) Allow heated components such as sample lines, filters, and
pumps to stabilize at operating temperature.
(6) Perform vacuum-side leak checks as specified in Sec. 1065.345.
(7) Using bypass, adjust the sample flow rates to desired levels.
(8) Zero any integrating devices.
(9) Zero and span all constituent analyzers using NIST-traceable
gases that meet the specifications of Sec. 1065.750. Span flame
ionization detector analyzers on a carbon number basis of one (1),
C1. For example, if you use a C3H8
span gas of concentration 200 [mu]mol/mol, span the FID to respond with
a value of 600 [mu]mol/mol.
(10) If you correct for dilution air background concentrations of
engine exhaust constituents, start measuring and recording background
constituent concentrations.
(c) Start testing as follows:
(1) If an engine is already running and warmed up, and starting is
not part of the duty cycle, simultaneously start running the duty
cycle, sampling exhaust gases, recording data, and integrating measured
values.
(2) If engine starting is part of the duty cycle, initiate data
logging, sampling of exhaust gases, and integrating measured values
before attempting to start the engine. Initiate the duty cycle when the
engine starts.
(d) Before the end of the test interval, continue to operate all
sampling and dilution systems to allow the sampling system's response
time to elapse. Then stop all sampling and recording, including the
recording of background samples. Finally, stop any integrating devices
and indicate the end of the duty cycle on the data-collection medium.
(e) Shut down the engine if you have completed testing or if it is
part of the duty cycle.
(f) If testing involves another duty cycle after a soak period with
the engine off, start a timer when the engine shuts down, and repeat
the steps in paragraphs (b) through (e) of this section as needed.
(g) Take the following steps after emission sampling is complete:
(1) Place any used PM samples into covered or sealed containers and
return them to the PM-stabilization environment. Follow the PM sample
post-conditioning and total weighing procedures in Sec. 1065.595.
(2) As soon as practical after the duty cycle is complete, analyze
any gaseous batch samples, including background samples.
(3) After quantifying exhaust gases, check drift as follows:
(i) Record the mean analyzer value after stabilizing a zero gas to
the analyzer. Stabilization may include time to purge the analyzer of
any sample gas, plus any additional time to account for analyzer
response.
(ii) Record the mean analyzer value after stabilizing the span gas
to the analyzer. Stabilization may include time to purge the analyzer
of any sample gas, plus any additional time to account for analyzer
response.
(iii) Use these data to validate and correct for drift as described
in Sec. 1065.657.
(h) Determine if the test meets the validation criteria in Sec.
1065.514.
Sec. 1065.545 Validation of proportional flow control for batch
sampling.
For any proportional batch sample such as a bag sample or PM filter
sample, demonstrate that proportional sampling was maintained using one
of the following:
(a) Record the sample flow rate and the total flow rate at 1 Hz or
more frequently. Use this data with the statistical calculations in
Sec. 1065.602 to determine the standard error of the estimate, SE, of
the sample flow rate versus the total flow rate. For each test
interval, demonstrate that SE was less than or equal to 3.5% of the
mean sample flow rate. You may omit up to 5% of the data points as
outliers to improve SE.
(b) Record the sample flow rate and the total flow rate at 1 Hz or
more frequently. For each test interval, demonstrate that each flow
rate was constant within 2.5% of its respective mean or
target flow rate.
(c) For critical-flow venturis, record venturi-inlet conditions at
1 Hz or more frequently. Demonstrate that the density at the venturi
inlet was constant within 2.5% of the mean or target
density over each test interval. For a CVS critical-flow venturi, you
may demonstrate this by showing that the absolute temperature at the
venturi inlet was constant within 4% of the mean or target
temperature over each test interval.
(d) For positive-displacement pumps, record pump-inlet conditions
at 1 Hz or more frequently. Demonstrate that the density at the pump
inlet was constant within 2.5% of the mean or target
density over each test interval. For a CVS pump, you may demonstrate
this by showing that the absolute temperature at the pump inlet was
constant within 2% of the mean or target temperature over
each test interval.
(e) Using good engineering judgment, demonstrate using an
engineering analysis that the proportional-flow control system
inherently ensures proportional sampling under all circumstances
expected during testing. For example, you use CFVs for sample flow and
total flow and their inlet pressures and temperatures are always the
same as each others, and they always operate under critical-flow
conditions.
Sec. 1065.550 Constituent analyzer range validation, drift
validation, and drift correction.
(a) Check the results of all analyzers that do not have auto-
ranging capability to determine if any results show that an analyzer
operated above 100% of its
[[Page 54970]]
range. If an analyzer operated above 100% of its range at any time
during the test, perform the following steps:
(1) For batch sampling, re-analyze the sample using the nearest
analyzer range that results in a maximum instrument response below
100%. Report the result from the lowest range from which the analyzer
operates below 100% of its range for the entire test. Report all
results.
(2) For continuous sampling, repeat the entire test using the next
higher analyzer range. If the analyzer again operates above 100% of its
range, repeat the test using the next higher range. Continue to repeat
the test until the analyzer operates at less than 100 % of its range
for the entire test. Report all results.
(b) Calculate and correct for drift as described in Sec. 1065.657.
Drift invalidates a test if the drift correction exceeds 4%
of the flow-weighted average concentration expected at the standard or
measured during a test interval, whichever is greater.
Sec. 1065.590 PM sample preconditioning and tare weighing.
Before an emission test, take the following steps to prepare PM
samples and equipment for PM measurements:
(a) Make sure the balance and PM-stabilization environments meet
the periodic performance checks in Sec. 1065.390.
(b) Visually inspect unused sample media (such as filters) for
defects.
(c) To handle PM samples, use electrically grounded tweezers or a
grounding strap, as described in Sec. 1065.190.
(d) Place unused sample media in one or more containers that are
open to the PM-stabilization environment. If you are using filters, you
may place them in the bottom half of a filter cassette.
(e) Stabilize sample media in the PM-stabilization environment.
Consider a sample medium stabilized as long as it has been in the PM-
stabilization environment for a minimum of 30 min, during which the PM-
stabilization environment has been within the specifications of Sec.
1065.190.
(f) Weigh the sample media automatically or manually, as follows:
(1) For automatic weighing, follow the automation system
manufacturer's instructions to prepare samples for weighing. This may
include placing the samples in a special container.
(2) For manual weighing, use good engineering judgment to determine
if substitution weighing is necessary to show that an engine meets the
applicable standard. You may follow the substitution weighing procedure
in paragraph (i) of this section, or you may develop your own
procedure.
(g) Correct the measured weight for buoyancy as described in Sec.
1065.690. These buoyancy-corrected values are the tare masses of the PM
samples.
(h) You may repeat measurements to determine mean masses. Use good
engineering judgment to exclude outliers and calculate mean mass
values.
(i) Substitution weighing involves measurement of a reference
weight before and after each weighing of a PM sample. While
substitution weighing requires more measurements, it corrects for a
balance's zero-drift and it relies on balance linearity only over a
small range. This is advantageous when quantifying net PM masses that
are less than 0.1% of the sample medium's mass. However, it may not be
advantageous when net PM masses exceed 1% of the sample medium's mass.
The following steps are an example of substitution weighing:
(1) Use electrically grounded tweezers or a grounding strap, as
described in Sec. 1065.190.
(2) Use a static neutralizer as described in Sec. 1065.190 to
minimize static electric charge on any object before it is placed on
the balance pan.
(3) Place on the balance pan a calibration weight that has a
similar mass to that of the sample medium and meets the specifications
for calibration weights in Sec. 1065.790. If you use filters, this
mass should be about (80 to 100) mg for typical 47 mm diameter filters.
(4) Record the stable balance reading, then remove the calibration
weight.
(5) Weigh an unused sample, record the stable balance reading and
record the balance environment's dewpoint, ambient temperature, and
barometric pressure.
(6) Reweigh the calibration weight and record the stable balance
reading.
(7) Calculate the arithmetic mean of the two calibration-weight
readings recorded immediately before and after weighing the unused
sample. Subtract that mean value from the unused sample reading, then
add the true mass of the calibration weight as stated on the
calibration-weight certificate. Record this result.
(8) Repeat the steps in paragraphs (i)(1) through (7) of this
section for additional unused sample media.
(j) If you use filters as sample media, load unused filters that
have been tare-weighed into filter cassettes and place the loaded
cassettes in a covered or sealed container before taking them to the
test cell for sampling. We recommend that you keep filter cassettes
clean by periodically washing or wiping them with a compatible solvent.
Depending upon your cassette material, ethanol might be an acceptable
solvent.
Sec. 1065.595 PM sample post-conditioning and total weighing.
(a) Make sure the balance and PM-stabilization environments meet
the periodic performance checks in Sec. 1065.390.
(b) In the PM-stabilization environment, remove PM samples from
sealed containers. If you use filters, you may remove them from their
cassettes before or after stabilization. When you remove a filter from
a cassette, separate the top half of the cassette from the bottom half
using a cassette separator designed for this purpose.
(c) To handle PM samples, use electrically grounded tweezers or a
grounding strap, as described in Sec. 1065.190.
(d) Visually inspect PM samples. If PM ever contacts the transport
container, cassette assembly, filter-separator tool, tweezers, static
neutralizer, balance, or any other surface, void the measurements
associated with that sample and clean the surface it contacted.
(e) To stabilize PM samples, place them in one or more containers
that are open to the PM-stabilization environment, which is described
in Sec. 1065.190. Consider a sample stabilized as long as it has been
in the PM-stabilization environment for a minimum of 30 min, during
which the PM-stabilization environment has been within the
specifications of Sec. 1065.190. Alternatively, for engines subject to
PM standards above 0.05 g/kW-hr, you may consider a sample medium
stabilized after 60 min.
(f) Repeat the procedures in Sec. 1065.590(f) through (h) to weigh
used PM samples, but refer to a sample's post-test mass after
correcting for buoyancy as its total mass.
(g) Subtract each buoyancy-corrected tare mass from its respective
buoyancy-corrected total mass. The result is the net PM mass,
mPM. Use mPM in emission calculations in Sec.
1065.650.
Subpart G--Calculations and Data Requirements
Sec. 1065.601 Overview.
(a) This subpart describes how to use the signals recorded before,
during, and after an emission test to calculate brake-specific
emissions of each regulated constituent.
(b) You may use data from multiple systems to calculate test
results, consistent with good engineering
[[Page 54971]]
judgment. We allow weighted averages where appropriate. You may discard
statistical outliers, but you must report all results.
(c) Calculations for some calibrations and performance checks are
in this subpart.
(d) Statistical values are defined in this subpart.
Sec. 1065.602 Statistics.
(a) This section contains equations and example calculations for
statistics that are specified in this part. In this section we use the
letter ``y'' to denote a generic measured quantity, the superscript
over-bar ``-'' to denote an arithmetic mean, and the
subscript ``ref'' to denote the reference quantity being
measured.
(b) Arithmetic mean. Calculate an arithmetic mean, y as follows,
[GRAPHIC] [TIFF OMITTED] TP10SE04.009
Example:
[Ngr] = 3
[gamma]1 = 10.60
[gamma]2 = 11.91
[gamma][Ngr] = [gamma]3 = 11.20
[GRAPHIC] [TIFF OMITTED] TP10SE04.010
[GRAPHIC] [TIFF OMITTED] TP10SE04.011
(c) Standard deviation. Calculate a non-biased (e.g., N-1) sample
standard deviation, [sigma], as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.012
Example:
[Ngr]=3
[gamma]1=10.60
[gamma]2=11.91
[gamma][Ngr]=[gamma]3=11.09
[gamma]=11.20
[GRAPHIC] [TIFF OMITTED] TP10SE04.013
[GRAPHIC] [TIFF OMITTED] TP10SE04.014
(d) Root mean square. Calculate a root mean square,
rms[gamma], as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.015
Example:
[Ngr]=3
[gamma]1=10.60
[gamma]2=11.91
[gamma][Ngr]=[gamma]3=11.09
[GRAPHIC] [TIFF OMITTED] TP10SE04.016
[GRAPHIC] [TIFF OMITTED] TP10SE04.017
(e) Accuracy. Calculate an accuracy, as follows, noting that the
[gamma]i are arithmetic means, each determined by repeatedly
measuring one sample of a single reference quantity,
[gamma]ref.
accuracy = [bond][gamma]ref - [gamma][bond]
Example:
[gamma]ref = 1800.0
([Ngr] = 10)
[GRAPHIC] [TIFF OMITTED] TP10SE04.018
accuracy = [bond]1800.0 - 1802.5[bond]
accuracy = 2.5
(f) t-test. Determine if your data passes a t-test by using the
following equations and tables:
(1) For an unpaired t-test calculate the t statistic and its number
of degrees of freedom, [ngr], as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.019
Example:
[gamma]ref=1205.3
[gamma]=1123.8
[sigma]ref=9.399
[sigma][gamma]=10.583
[Ngr]ref=11
[Ngr]=7
[GRAPHIC] [TIFF OMITTED] TP10SE04.020
[GRAPHIC] [TIFF OMITTED] TP10SE04.021
[GRAPHIC] [TIFF OMITTED] TP10SE04.022
Example:
[sigma]ref=9.399
[Ngr]ref=11
[sigma][gamma]=10.583
[Ngr]=7
[GRAPHIC] [TIFF OMITTED] TP10SE04.023
[GRAPHIC] [TIFF OMITTED] TP10SE04.024
(2) For a paired t-test calculate the t statistic and its number of
degrees of freedom, [ngr], as follows, noting that the
[egr]i are the errors (e.g., differences) between each pair
of yrefi and yi:
[GRAPHIC] [TIFF OMITTED] TP10SE04.025
Example:
[egr]=0.12580
N=16
[sigma][egr]=0.04837
[GRAPHIC] [TIFF OMITTED] TP10SE04.026
[GRAPHIC] [TIFF OMITTED] TP10SE04.027
[GRAPHIC] [TIFF OMITTED] TP10SE04.028
[ngr] = N - 1
Example:
[Ngr] = 16
[ngr] = [Ngr] - 1
[ngr] = 15
[[Page 54972]]
(3) Use Table 1 of this section to compare t to the
tcrit values tabulated versus the number of degrees of
freedom. If t is less than tcrit, then t passes the t-test.
Table 1 of Sec. 1065.602-Critical t Values Versus Number of Degrees of
Freedom, v
------------------------------------------------------------------------
tcrit versus v
-------------------------------------------------------------------------
Confidence
------------------------------------------------------------------------
v 90% 95%
------------------------------------------------------------------------
1............................................. 6.314 12.706
2............................................. 2.920 4.303
3............................................. 2.353 3.182
4............................................. 2.132 2.776
5............................................. 2.015 2.571
6............................................. 1.943 2.447
7............................................. 1.895 2.365
8............................................. 1.860 2.306
9............................................. 1.833 2.262
10............................................ 1.812 2.228
11............................................ 1.796 2.201
12............................................ 1.782 2.179
13............................................ 1.771 2.160
14............................................ 1.761 2.145
15............................................ 1.753 2.131
16............................................ 1.746 2.120
18............................................ 1.734 2.101
20............................................ 1.725 2.086
22............................................ 1.717 2.074
24............................................ 1.711 2.064
26............................................ 1.706 2.056
28............................................ 1.701 2.048
30............................................ 1.697 2.042
35............................................ 1.69 2.03
40............................................ 1.684 2.021
50............................................ 1.676 2.009
70............................................ 1.667 1.994
100........................................... 1.66 1.984
INF........................................... 1.645 1.96
------------------------------------------------------------------------
(g) F-test. Calculate the F statistic as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.029
Example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.030
[GRAPHIC] [TIFF OMITTED] TP10SE04.031
[GRAPHIC] [TIFF OMITTED] TP10SE04.032
[GRAPHIC] [TIFF OMITTED] TP10SE04.033
(1) For a 90% confidence F-test, use Table 2 of this section to
compare F to the Fcrit90 values tabulated versus N minus one
(N-1) and Nref minus one (Nref-1). If F is less
than Fcrit90, then F passes the F-test at 90% confidence.
(2) For a 95% confidence F-test, use Table 3 of this section to
compare F to the Fcrit95 values tabulated versus N minus one
(N-1) and Nref minus one (Nref-1). If F is less
than Fcrit95, then F passes the F-test at 95% confidence.
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(h) Slope. Calculate a least-squares regression slope, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.036
Example:
N = 6000
y 1 = 2045.8
y ref 1 = 2045.0
y = 1050.1
y ref = 1055.3
[GRAPHIC] [TIFF OMITTED] TP10SE04.037
[GRAPHIC] [TIFF OMITTED] TP10SE04.038
(i) Intercept. Calculate a least-squares regression intercept,
a[Ogr]y as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.039
Example:
y = 1050.1
a1y = 1.0110
yref = 1055.3
a[Ogr]y = 1050.1-(1.0110[middot]1055.3)
a[Ogr]y = -16.8083
(j) Standard estimate of error. Calculate a standard estimate of
error, SE, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.040
Example:
N = 6000
y1 = 2045.8
aoy = 16.8083
a1y = 1.0110
yref 1 = 2045.0
[GRAPHIC] [TIFF OMITTED] TP10SE04.041
[GRAPHIC] [TIFF OMITTED] TP10SE04.042
(k) Coefficient of determination. Calculate a coefficient of
determination, r2, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.043
Example:
N = 6000
y1 = 2045.8
aoy = 16.8083
a1y = 1.0110
yref 1 = 2045.0
y = 1480.5
[GRAPHIC] [TIFF OMITTED] TP10SE04.044
[GRAPHIC] [TIFF OMITTED] TP10SE04.045
(1) Flow weighted average concentration. A flow-weighted average
means the average of a quantity after it is weighted proportional to a
corresponding flow rate. For example, if a gas concentration is
measured continuously from the raw exhaust of an engine, its flow-
weighted average concentration is the sum of the products of each
recorded concentration times its respective exhaust flow rate, divided
by the number of recorded values. As another example, the bag
concentration from a CVS system is the same as the flow-weighted
average concentration because the CVS system itself flow-weights the
bag concentration. You might already expect a certain flow weighted
average concentration of an emission at its standard based on previous
testing with similar engines or testing with similar equipment and
instruments. If you need to estimate your expected flow weighted
average concentration of an emission at its standard, we recommend
using the following examples as a guide for how to estimate the flow
weighted average concentration expected at a standard. Note that these
examples are not exact and that they contain assumptions that are not
always valid. Use good engineering judgement to determine if you can
use similar assumptions.
(1) To estimate the flow weighted average raw exhaust
NOX concentration from a turbo-charged heavy-duty
compression-ignition engine at a NOX standard of 2.5 g/kWhr,
you may do the following:
(i) Based on your engine design, approximate a maximum torque
versus speed map and use it with the applicable normalized duty cycle
in the standard-setting part to generate a reference duty cycle as
described in Sec. 1065.610. Calculate the total reference work,
Wref, as described in Sec. 1065.650. Divide the reference
work by the duty cycle's time interval, [Delta]tduty cycle
to determine average reference power, Pref.
(ii) Based on your engine design, estimate maximum power,
Pmax, the design speed at maximum power, fnmax,
and the design maximum intake manifold boost pressure,
Pinmax and temperature Tinmax. Also estimate an
average fraction of power that is lost due to friction and pumping,
Pfrict. Use this information along with the engine
displacement volume, Vdisp, an
[[Page 54976]]
approximate volumetric efficiency, [eta]V, and the number of engine
power strokes per cycle (e.g., 2-stroke or 4-stroke) to estimate the
maximum raw exhaust flow rate, nexhmax.
(iii) Use your estimated values as described in the following
example calculation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.046
Example:
eNOx=2.5 g/(kW[middot]hr)
Wref=11.883 kW[middot]hr
[Delta]tduty cycle=20 min
MNOx=46.0055 g/mol
Pref=35.65 kW
Pmax=125 kW
Pfrict=15%
[eta]v=0.9
pmax=300 kPa
Vdisp=3.0 l
fnmax=2800 rev/min
Nstroke=4 1/rev
R=8.314472 J/(mol[middot]K)
Tmax=348.15 K
Cp=1000 Pa/kPa
Cv=1000 l/m3
Ct=60 s/min
Cmol=1000000 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.047
[GRAPHIC] [TIFF OMITTED] TP10SE04.048
(2) To estimate the flow weighted average NMHC concentration in a
CVS from a naturally aspirated nonroad spark-ignition engine at an NMHC
standard of 0.5 g/kW[middot]hr, you may do the following:
(i) Based on your engine design, approximate a maximum torque
versus speed map and use it with the applicable normalized duty cycle
in the standard-setting part to generate a reference duty cycle as
described in Sec. 1065.610. Calculate the total reference work,
Wref, as described in Sec. 1065.650.
(ii) Multiply your CVS total flow rate by the time interval of the
duty cycle, [Delta]tduty cycle. The result is the total
diluted exhaust flow of the ndexh.
(iii) Use your estimated values as described in the following
example calculation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.049
Example:
eNMHC=1.5 g/(kW[middot]hr)
Wref=5.389 kW[middot]hr
MNMHC=13.875389 g/mol
dexh=6.021 mol/s
[Delta]tduty cycle=30 min
Ct=60 s/min
Cmol=1000000 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.050
[GRAPHIC] [TIFF OMITTED] TP10SE04.051
Sec. 1065.605 Field test system overall performance check.
(a) This section contains equations and example calculations for
statistics that are specified in Sec. 1065.920 for field-testing
systems. In this section we use the letter ``e'' to denote the brake-
specific emissions of a test interval, the superscript over-bar
``-'' to denote an arithmetic mean, the subscript
``lab'' to denote a laboratory result, and the subscript
``field'' to denote a field-testing result.
(b) Assume that the brake-specific data in the following table was
collected by performing the overall field test system check as
described in Sec. 1065.920.
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(c) For example, calculate for the first test interval
efield 1, elab 1, and [Delta]e1 /
elab std , and as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.052
[GRAPHIC] [TIFF OMITTED] TP10SE04.053
[GRAPHIC] [TIFF OMITTED] TP10SE04.054
[GRAPHIC] [TIFF OMITTED] TP10SE04.055
similarly,
[GRAPHIC] [TIFF OMITTED] TP10SE04.056
[GRAPHIC] [TIFF OMITTED] TP10SE04.057
[Delta]e1 / elab std = (efield 1 -
elab 1) / elab std
elab std = 2.50 g / kW[middot]hr
[Delta]e1 / elab std = (2.17 - 2.07) / 2.50
[Delta]e1 / elab std = 4.0%
(d) For example, calculate for the second test interval
UCLfield 2, UCLlab 2,
[Delta]UCL 2 as follows:
UCLfield 2 = e< field 2 +
2[sigma]e field 2
see 1065.602(c) for [sigma]e field 2
For UCL, recalculate e< field 2 and [sigma]
e field 2
after applying measurement allowance.
Example:
measurement allowance = 0.95
UCLfield 2 = 3.258 + 20.278
[[Page 54978]]
UCLfield 2 = 3.81 g / kWhr
similarly,
UCLlab 2 = 3.500 + 20.216
UCLlab 2 = 3.93 g / kWhr
[Delta]UCL2 = UCLfield 2-UCLlab 2
[Delta]UCL2 = 3.81 -3.93
[Delta]UCL2 = -0.12 g / kWhr
Sec. 1065.610 Test cycle generation.
(a) Maximum test speed, fntest and maximum test torque
Ttest. For all engines, calculate test speed from the power
versus speed map generated as per Sec. 1065.510.
(1) Based on the power versus speed map, determine the maximum
power and the speed at which maximum power occurred. Divide each
recorded power by the maximum power and divide each recorded speed by
the speed at which maximum power occurred. The resulting data set is a
normalized data set of power versus speed. Use this data set to
determine test speed. Test speed is the speed at which the normalized
data set returns a maximum value of the sum of the squares of
normalized speed and normalized power.
(2) For example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.058
Example:
fn@Pmax = 2355 rev/min
fnnorm1 = 1.002, Pnorm1 = 0.978
fnnorm2 = 1.004, Pnorm2 = 0.977
fnnorm3 = 1.006, Pnorm3 = 0.974
[GRAPHIC] [TIFF OMITTED] TP10SE04.059
max = 1.963 @ i = 2
fntest = 2355[1.004] = 2364 rev/min
(3) For variable-speed engines, use this measured test speed--or
your declared test speed as described in Sec. 1065.510--to transform
normalized speeds to reference speeds as described in paragraph (b) of
this section.
(4) For constant-speed engines, use the torque corresponding to
this measured test speed as measured test torque--or your declared test
torque as described in Sec. 1065.510--to transform normalized torques
to reference torques as described in paragraph (c) of this section.
(b) Speed. Transform normalized speed values to reference values as
follows:
(1) % speed. If your normalized duty cycle specifies % speed
values, use your declared warm no-load idle speed and your test speed
to transform the duty cycle, as follows:
fnref = % speed(fntest -fnidle) +
fnidle
Example:
% speed = 85%
fntest = 2364 rev/min
fnidle = 650 rev/min
fnref = 85%(2364 -650) + 650
fnref = 2107 rev/min
(2) A, B, and C speeds. If your normalizsed duty cycle specifies
speed values as A, B, or C values, use your power versus speed curve to
determine the lowest speed below maximum power at which 50% of maximum
power occurs. Denote this value as nlo. Also determine the
highest speed above maximum power at which 70% of maximum power occurs.
Denote this value as nhi. Use nhi and
nlo to calculate reference values for A, B, or C speeds as
follows:
fnrefA = 0.25(nhi -nlo) +
nlo
fnrefB = 0.50(nhi -nlo) +
nlo
fnrefC = 0.75(nhi -nlo) +
nlo
Example:
nlo = 1005 rev/min
nlo = 2385 rev/min
fnrefA = 0.25(2385 -1005) + 1005
fnrefB = 0.50(2385 -1005) + 1005
fnrefC = 0.75(2385 -1005) + 1005
fnrefA = 1350 rev/min
fnrefB = 1695 rev/min
fnrefC = 2040 rev/min
(3) Intermediate speed. If your normalized duty cycle specifies a
speed as ``intermediate speed'', use your torque versus speed curve to
determine the speed at which maximum torque occurs.
(i) Determine the speed at which peak torque occurs. This is peak
torque speed.
(ii) If peak torque speed is between (60 to 75) % of test speed,
then your reference intermediate speed is peak torque speed.
(iii) If peak torque speed is less than 60% of test speed, then
your reference intermediate speed is 60% of test speed.
(iv) If peak torque speed is greater than 75% of test speed, then
your reference intermediate speed is 75% of test speed.
(c) Torque. Transform normalized torque values to reference values
using your maximum torque versus speed map. For variable-speed engines
you must first transform normalized speed values into reference speed
values. For constant-speed engines, you need only your test torque
value.
(1) % torque for variable-speed engines. For a given speed point,
multiply the corresponding % torque by the maximum torque at that
speed, according to your map. Linearly interpolate mapped torque values
to determine torque between mapped speeds. The result is the reference
torque for that speed point.
(2) % torque for constant-speed engines. Multiply a % torque value
by your test torque. The result is the reference torque for that point.
(3) Permissible deviations for any engine. If your engine does not
operate in-use below a certain torque under certain conditions, you may
use a declared minimum torque as the reference value instead of the
value calculated in paragraph (c)(1) or (2) of this section. For
example, if your engine is connected to an automatic transmission, it
may have a minimum torque called curb idle transmission torque (CITT).
In this case, at idle conditions (i.e., 0% speed, 0% torque), you may
use CITT as a reference value instead of 0 N[middot]m.
(d) Power. Transform normalized power values to reference speed and
[[Page 54979]]
torque values using your maximum power versus speed map. For variable-
speed engines you must first transform normalized speed values into
reference speed values. For constant-speed engines, you need only your
maximum power value.
(1) % power for variable-speed engines. For a given speed point,
multiply the corresponding % power by the maximum power of your entire
map. The result is the reference power for that speed point. You may
calculate a corresponding reference torque for that point and command
that reference torque instead of a reference power.
(2) % torque for constant-speed engines. Multiply a % power value
by the maximum power of your entire map. The result is the reference
power for that point. You may calculate a corresponding reference
torque for that point and command that reference torque instead of a
reference power.
(3) Permissible deviations for any engine. If your engine does not
operate in-use below a certain power under certain conditions, you may
use a declared minimum power as the reference value instead of the
value calculated in paragraph (d)(1) or (2) of this section. For
example, if your engine is directly connected to a propeller, it may
have a minimum power called idle power. In this case, at idle
conditions (i.e., 0% speed, 0% torque), you may use a corresponding
idle torque as a reference torque instead of 0 N[middot]m.
Sec. 1065.630 1980 International Gravity Formula.
Calculate the acceleration of Earth's gravity at your latitude, as
follows:
ag = 9.7803267715x
(1+5.2790414E-03xsin([thetas])\2\ + 2.32718E-
05xsin([thetas])4
+1.262E-07xsin([thetas])\6\ + 7E-10xsin([thetas])8)
Example:
[thetas] = 45[deg]
ag = 9.7803267715x
(1+5.2790414E-03xsin(45)2 + 2.32718E-05xsin(45)4
+1.262E-07xsin(45)6 + 7E-10xsin(45)\8\)
ag = 9.8178291229 m/s2
Sec. 1065.640 PDP and venturi (SSV and CFV) calibration calculations.
(a) Reference meter conversions. The following calibration
equations use molar flow rate, nref as a reference quantity.
If your reference meter outputs a flow rate in a different quantity
such as standard volume rate, Vstdrefactual volume rate,
Vactrefor mass rate, mref, convert your reference
meter output to molar flow rate using the following:
[GRAPHIC] [TIFF OMITTED] TP10SE04.060
Examples:
Vstdref =1000.00 ft \3\/min
Pstd =29.9213 in Hg @ 32 [deg]F
Tstd = 68.0 [deg]F
R = 8.314472 J/(mol[middot]K)
Cp = 3386.38 Pa/in Hg @32 [deg]F
CT = (T + 459.67)/1.8 K/[deg]F
CV = 35.314662 ft \3\/m \3\
Ct = 60 s/min
[GRAPHIC] [TIFF OMITTED] TP10SE04.061
mref = 17.2683 kg/mih
Mmix = 28.7805 g/mol
Cm = 1000 g/kg
[GRAPHIC] [TIFF OMITTED] TP10SE04.062
(b) PDP calibration calculations. For each restrictor position,
calculate the following values, from the mean values determined in
Sec. 1065.340, as follows:
(1) PDP volume pumped per revolution, Vrev m \3\/rev:
[GRAPHIC] [TIFF OMITTED] TP10SE04.063
Example:
nref = 25.096 mol/s
R = 8.314472 J/mol[middot]K
Tin = 299.5 K
Pin = 98.290 kPa
fPDP = 1205.1 rev/min
Ct = 60 s/min
Cp = 1000 (J/m \3\)/kPa
[GRAPHIC] [TIFF OMITTED] TP10SE04.064
[GRAPHIC] [TIFF OMITTED] TP10SE04.065
(2) PDP slip correction factor, Ks s/rev:
[GRAPHIC] [TIFF OMITTED] TP10SE04.066
Example:
fPDP = 1205.1 rev/min
Pout = 100.103 kPa
Pin = 98.290 kPa
Ct = 60 s/min
[GRAPHIC] [TIFF OMITTED] TP10SE04.067
[GRAPHIC] [TIFF OMITTED] TP10SE04.068
(3) Perform a least-squares regression of PDP volume pumped per
revolution, Vrev versus PDP slip correction factor, Ks, by calculating
slope, a1 and intercept a0 as described in Sec. 1065.602.
(4) Repeat the procedure in paragraphs (a)(1) through (3) of this
section for every speed that you run your PDP.
(5) Use the slopes and intercepts to calculate flow rate during
emission testing as described in Sec. 1065.642.
(c) Venturi governing equations and allowable assumptions. Because
a subsonic venturi (SSV) and a critical-flow venturi (CFV) both operate
similarly, their governing equations are the same, except for the
equation describing their pressure ratio r (i.e., rSSV
versus rCFV). The following symbols are used for the
following quantities in subsequent calculations:
At = venturi throat cross-sectional area
Cd = discharge coefficient
Cf = flow coefficient
Cm = mass conversion factor
Cp = pressure conversion factor
dt = venturi throat diameter
Mmix = molar mass of gas mixture
n = molor flow rate
pin = venturi inlet absolute static pressure
r = pressure ratio
Tin = venturi inlet absolute temperature
Z = compressibility factor
[beta] = ratio of venturi throat to inlet diameters
[Delta]p = differential static pressure; venturi inlet minus venturi
throat
[gamma] = ratio of specific heats of gas mixture
[[Page 54980]]
[GRAPHIC] [TIFF OMITTED] TP10SE04.069
(1) You may iterate to solve for rCFV and subsequently
calculate Cf for a CFV, CfCFV, or you may
determine CfCFV from Table 1 of Sec. 1065.640, based on
your [beta] and [gamma].
Table 1 of Sec. 1065.640.--CfCFV versus [beta] and [gamma]
------------------------------------------------------------------------
CfCFV
-------------------------------------------------------------------------
[gamma]dexh
[gamma]exh =
[beta] = 1.385 [gamma]air
= 1.399
------------------------------------------------------------------------
0.000......................................... 0.6822 0.6846
0.400......................................... 0.6857 0.6881
0.500......................................... 0.6910 0.6934
0.550......................................... 0.6953 0.6977
0.600......................................... 0.7011 0.7036
0.625......................................... 0.7047 0.7072
0.650......................................... 0.7089 0.7114
0.675......................................... 0.7137 0.7163
0.700......................................... 0.7193 0.7219
0.720......................................... 0.7245 0.7271
0.740......................................... 0.7303 0.7329
0.760......................................... 0.7368 0.7395
0.770......................................... 0.7404 0.7431
0.780......................................... 0.7442 0.7470
0.790......................................... 0.7483 0.7511
0.800......................................... 0.7527 0.7555
0.810......................................... 0.7573 0.7602
0.820......................................... 0.7624 0.7652
0.830......................................... 0.7677 0.7707
0.840......................................... 0.7735 0.7765
0.850......................................... 0.7798 0.7828
------------------------------------------------------------------------
(2) Permissible assumptions. You may make several simplifying
assumptions of the governing equations.
(i) For emission testing over the full ranges of raw exhaust,
diluted exhaust and dilution air, you may assume that the gas mixture
behaves as an ideal gas: Z = 1.
(ii) For the full range of raw exhaust you may assume a constant
ratio of specific heats of [gamma] = 1.385.
(iii) For the full range of diluted exhaust and air (e.g.,
calibration air or dilution air), you may assume a constant ratio of
specific heats of [gamma] = 1.399.
(iv) For the full range of diluted exhaust and air, you may assume
the molar mass of the mixture is a function only of the amount of water
in the dilution air or calibration air, xH2O, determined as
described in Sec. 1065.645, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.070
Example:
Mair = 28.96559 g/mol
xH2O = 0.0169 mol/mol
MH2O = 18.01528 g/mol
MMIX=28.96559 [middot] (1-0.0169)+18.01528[middot]0.0169
MMIX28.7805 g/mol
(v) For the full range of diluted exhaust and air, you may assume a
constant molar mass of the mixture, Mmix such that the
assumed molar mass differs from the actual molar mass by no more than
1% for all calibration and all testing. This might occur
if you sufficiently control the amount of water in calibration air and
in dilution air, and this might occur if you remove sufficient water
from both calibration air and dilution air. Table 2 of this section
gives examples of permissible emission testing dilution air dewpoints
versus calibration air dewpoints.
Table 2. of Sec. 1065.640.--Permissible Ranges of Dilution Air
Dewpoint Versus Calibration Dewpoint Where a Constant Mmix May Be
Assumed
------------------------------------------------------------------------
Assume
If calibration Tdew constant For emissions test
Mmix Tdew range a
------------------------------------------------------------------------
[deg]C............................. g/mol [deg]C
dry................................ 28.96559 dry to 18
0.................................. 28.89263 dry to 21
5.................................. 28.86148 dry to 22
10................................. 28.81911 dry to 24
15................................. 28.76224 dry to 26
20................................. 28.68685 -8 to 28
25................................. 28.58806 12 to 31
30................................. 28.46005 23 to 34
------------------------------------------------------------------------
a Range valid for all calibration and emissions testing over the
barometric pressure range (80.000 to103.325) kPa.
(3) Calibration equation for SSV and CFV. For each data point
collected in Sec. 1065.340, solve for Cd. The following
example illustrates the use of the governing equations for the SSV.
Note that for the case of the CFV, the equation for Cd would
be the same. However, for Cf you would use your values of
[Beta] and [gamma] to determine Cf iteratively as described
in paragraph (b)(1) of this section, or you would look up a constant
value of Cf for all calibration and testing in Table 1 of
Sec. 1065.640.
[GRAPHIC] [TIFF OMITTED] TP10SE04.071
Example:
nref = 57.625 mol/s
Z = 1
Mmix = 28.7805 g/mol
R = 8.314472 J/mol[middot]K
Tin = 298.15 K
At = 0.01824 m2
Pin = 99.132 kPa
[gamma] = 1.399
[beta] = 0.8
[Delta]p = 2.312 kPa
Cm = 1000 g/kg
Cp = Pa/kPa
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[GRAPHIC] [TIFF OMITTED] TP10SE04.073
[[Page 54981]]
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[GRAPHIC] [TIFF OMITTED] TP10SE04.077
(i) SSV calibration. For each data point collected in Sec.
1065.340, also calculate Re at the throat of the
venturi. Because the dynamic viscosity, [mu]. is needed to compute
Re, you may use your own fluid viscosity model to
determine [mu], using good engineering judgment. Alternatively, you may
use the Sutherland three coefficient viscosity model for air at
moderate pressures and temperatures. An example of this is shown in the
following example calculation for Re:
[GRAPHIC] [TIFF OMITTED] TP10SE04.079
Sutherland model:
[GRAPHIC] [TIFF OMITTED] TP10SE04.080
[mu][ogr] =1.7894[middot]10-\5\ kg/(m[middot]s)
[Tgr][ogr] = 273.11 [Kappa]
S = 110.56 [Kappa]
Example:
[Mu]mix = 28.7805 g/mol
[eta]ref = 57.625 mol/s
d[tgr] = 0.1524 m
[Tgr]in = 298.15 [Kappa]
Cm = 1000 g/kg
[GRAPHIC] [TIFF OMITTED] TP10SE04.081
[GRAPHIC] [TIFF OMITTED] TP10SE04.082
[GRAPHIC] [TIFF OMITTED] TP10SE04.083
[GRAPHIC] [TIFF OMITTED] TP10SE04.084
(ii) Create a regression equation to calculate Cd versus
Re. You may use any mathematical expression such as
a least-square polynomial or a power series. The regression equation
must cover the flow range of Re expected during
testing.
(iii) The regression equation must predict Cd values within 0.5% of the individual Cd values determined from calibration.
(iv) If the 0.5% criterion is met, transfer the
regression equation to the SSV real time calculation system for use in
emission tests as described in Sec. 1065.642. Do not use the equation
beyond the upper and lower calibration points used to determine the
equation.
(v) If the 0.5% criterion is not met for an individual
data point, based upon good engineering judgment, you may omit data
points and recalculate the regression equation, provided you use at
least 7 points that meet the criterion. Do not use the equation beyond
the upper and lower calibration points used to determine the equation.
If omitting points does not resolve outliers, take corrective action.
For example, check for leaks or repeat the calibration process. If you
must repeat the process, we recommend applying tighter tolerances to
measurements and allow more time for flows to stabilize.
(vi) CFV calibration. Calculate the mean and standard deviation of
all the Cd as described in Sec. 1065.602. If the standard deviation is
less than or equal to 0.3% of the mean, use the mean Cd in flow
equations as described in Sec. 1054.642, and use the CFV only down to
the lowest inlet pressure measured during calibration. If the standard
deviation exceeds 0.3% of the mean, omit the data point collected at
the lowest venturi inlet pressure. Recalculate the mean and standard
deviation and determine if the new standard deviation is less than or
equal to 0.3% of the new mean. If it is, then use that mean Cd in flow
calculations and use the CFV down to the lowest inlet pressure of the
remaining data points. If the standard deviation still exceeds 0.3% of
the mean, continue omitting the data point at the lowest inlet pressure
and recalculating the standard deviation and the mean. If the number of
remaining data points becomes less than seven, take corrective action.
For example, check for leaks or repeat the calibration process. If you
must repeat the process, we recommend applying tighter tolerances to
measurements and allow more time for flows to stabilize.
Sec. 1065.642 SSV, CFV, and PDP flow rate calculations.
(a) PDP flow rate. Based on the slopes and intercepts calculated in
Sec. 1065.640 for the speed that you operate your PDP during an
emission test, calculate flow rate, n as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.085
Example:
fPDP = 755 rev/min
Pin = 98.575 kPa
R = 8.314472 J/(mol[middot]K)
Tin = 323.5 K
al = 50.43
ao = 0.056
Pout = 99.950 kPa
Cp = 1000 (J/m\3\)/kPa
ct = 60 s/min
[[Page 54982]]
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(b) SSV flow rate. Based on the Cd versus Re
regression you determined as described in Sec. 1065.640, calculate SSV
flow rate, n during an emission test as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.090
Example:
At = 0.01824 m2
Pin = 99.132 kPa
Z = 1
Mmix = 28.7805 g/mol
R = 8.314472 J/molK
Tin = 298.15 K
Re = 7.232105
[gamma] = 1.399
[beta] = 0.8
[utri]p = 2.31 kPa
Cm = 1000 g/kg
Cp = 1000 Pa/kPa
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(c) CFV flow rate. Based on the mean Cd and other constants you
determined as described in Sec. 1065.640, calculate CFV flow rate,
[nacute] during an emission test as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.099
Example:
Cd = 0.985
CfCFV = 0.7219
At = 0.00456 m2
Pin = 98.836 kPa
Z = 1
Mmix = 28.7805 g/mol
R = 8.314472 J/molK
Tin = 378.15 K
[gamma] = 1.399
[beta] = 0.7
Cm = 1000 g/kg
Cp = 1000 Pa/kPa
[GRAPHIC] [TIFF OMITTED] TP10SE04.100
[GRAPHIC] [TIFF OMITTED] TP10SE04.101
Sec. 1065.645 Amount of water in an ideal gas.
(a) For various emission calculations, you must calculate the
amount of water in an ideal gas, xH20.
(1) Based on the measured dewpoint, Tdew or frost point Tice and
the triple point of water, T0, use the formulations of the World
Meteorological Organization (General Meteorological Standards and
Recommended Practices, Appendix A, WMO Technical Regulations, WMO-No.
49, 2000, incorporated by reference at Sec. 1065.1010), to first
calculate the pressure of water, pH2O in an ideal gas as follows:
[[Page 54983]]
[GRAPHIC] [TIFF OMITTED] TP10SE04.102
[GRAPHIC] [TIFF OMITTED] TP10SE04.103
Example:
Tdew = 9.5 [deg]C
Tdew = 9.5 + 273.15 = 282.65 K
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[GRAPHIC] [TIFF OMITTED] TP10SE04.105
(2) And for frost point:
[GRAPHIC] [TIFF OMITTED] TP10SE04.106
Example:
Tice = -15.4 [deg]C
Tice = -15.4 + 273.15 = 275.75 K
[GRAPHIC] [TIFF OMITTED] TP10SE04.107
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(3) The equation that uses dewpoint has been experimentally
confirmed from (0 to 100) [deg]C, and the same formula may be used over
super-cooled water from (-50 to 0) [deg]C with insignificant error. The
equation for frostpoint is valid from (-100 to 0) [deg]C.
(b) You may also use other formulas to convert dewpoint or
frostpoint to pH2O, provided that their use does not affect your
ability to show compliance with the applicable standards. Formulas such
as the commonly known the Goff-Gratch formula may be used. Note however
that the Wexler-Greenspan formula that we previously specified is not
valid for dewpoints below 0 [deg]C.
(c) To calculate the amount of water in an ideal gas, divide pH2O
by the absolute pressure (for example, barometric pressure) at which
you measured dewpoint or frostpoint, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.110
Example:
Psat = 1.186 kPa
Ptotal = 99.980 kPa
[GRAPHIC] [TIFF OMITTED] TP10SE04.111
[GRAPHIC] [TIFF OMITTED] TP10SE04.112
Sec. 1065.650 Emission calculations.
(a) General. Calculate brake-specific emissions over each test
interval in a duty cycle. Refer to the standard-setting part for any
calculations you might need to determine a composite result, such as a
calculation that weights and sums the results of individual test
intervals in a duty cycle. We specify three ways to calculate brake-
specific emissions, as follows:
(1) Calculate the total mass of emissions and then divide it by the
total work generated over the test interval. In this section, we
describe how to calculate the total mass of different emissions. We
describe how to calculate total work. Divide the total mass by the
total work to determine brake-specific emissions, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.113
Example:
MNOx = 64.975 g
W = 25.783 kW[middot]hr
[[Page 54984]]
[GRAPHIC] [TIFF OMITTED] TP10SE04.114
eNOx = 2.520 g/(kW[middot]hr)
(2) For steady-state testing, you may calculate the ratio of
emission mass rate to power. In this special case you determine a mean
mass rate of emissions during steady-state operation, and then divide
that rate by the steady-state mean power. The result is a brake-
specific emission value calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.115
Example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.116
P = 54.342 kW
Ct = 3600 s/hr
Cm = 1000 mg/g
[GRAPHIC] [TIFF OMITTED] TP10SE04.117
[GRAPHIC] [TIFF OMITTED] TP10SE04.118
(3) Calculate the ratio of total mass to total work. This is a
special case in which you use a signal linearly proportional to raw
exhaust flow rate to determine a value proportional to total emissions.
You then use the same linearly proportional signal to determine total
work using a chemical balance of fuel, intake air and exhaust as
described in Sec. 1065.655, plus information about your engine's
brake-specific fuel consumption. In this case we do not require any
flow meter to be accurate, but we do require any flow meter you use
must meet the applicable linearity and repeatability specifications in
subpart D (performance checks) or subpart J (field testing) of this
part. The result is a brake-specific emission value calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.119
Example:
m6co = 805.5 g
w6 = 52.102 kW[middot]hr
[GRAPHIC] [TIFF OMITTED] TP10SE04.120
[GRAPHIC] [TIFF OMITTED] TP10SE04.121
(b) Total mass of emissions. To determine brake-specific emissions
for a test interval under paragraph (a)(1) of this section, calculate
the total mass of each emission. To calculate the total mass of an
emission, you multiply a concentration by its respective flow. Follow
these steps to calculate total mass of emissions:
(1) Concentration corrections and calculations. Before multiplying
concentrations by a flow, perform the following calculations on
recorded concentrations, in order, as follows:
(i) Correct all concentrations for drift, including dilution air
background concentrations. Correct for drift as described in Sec.
1065.657.
(ii) Optionally, correct all concentrations for instrument noise,
including dilution air background concentrations. Correct for noise as
described in Sec. 1065.658.
(iii) Correct all concentrations measured on a ``dry'' basis to a
``wet'' basis, including dilution air background concentrations.
Correct for drift as described in Sec. 1065.659.
(iv) Calculate all NMHC concentrations, including dilution air
background concentrations as described in Sec. 1065.660.
(v) If you performed an emission test with an oxygenated fuel (see
subpart E or this part) calculate any NMHCE concentrations including
dilution air background concentrations as described in Sec. 1065.665.
(2) Continuous sampling. For continuous sampling you frequently
record a continuously updated concentration signal. You may measure
this concentration from a changing flow rate or a constant flow rate,
as follows:
(i) If you continuously sample from a changing exhaust flow rate,
synchronously multiply it by the flow rate of the flow from which you
extracted it. We consider the following flows changing flows that
require a continuous multiplication of concentration times flow rate:
raw exhaust, exhaust diluted with a constant flow rate of dilution air,
and CVS dilution with a CVS flow meter that does not have an upstream
heat exchanger or electronic flow control. Account for dispersion and
time alignment as described in Sec. 1065.201. This multiplication
results in the flow rate of the emission itself. Integrate the emission
flow rate over a test interval to determine the total emission. If the
total emission is a molar quantity, convert this quantity to a mass by
multiplying it by its molar mass, M. The result is the mass of the
emission, m. The following is a continuous sampling with variable flow
example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.122
Example:
MNMHC = 13.875389 g/mol
N = 1200
xNMHC1 = 84.5 [mu]mol/mol
xNMHC2 = 86.0 [mu]mol/mol
nexh1 = 2.876 mol/s
nexh2 = 2.224 mol/s
frecord = 1 Hz
Cmol = 1000000 [mu]ol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.123
mNMHC = 13.875389 [middot] (84.5 [middot] 2.876 +
86.0[middot]2.224 + ... + xNMHC1200 [middot]
nnexh1200 [middot]) [middot] 1 [middot] 1000000
mNMHC = 25.23 g
(ii) If you continuously sample from a constant exhaust flow rate,
you may calculate the mean concentration recorded over the test
interval and treat the mean as a batch sample (e.g., bag sample) as
described in paragraph (b)(3)(ii) of this section. We consider the
following flows constant exhaust flows: CVS diluted exhaust with a CVS
flow meter that has either an upstream heat exchanger, electronic flow
control, or both.
(3) Batch sampling. The concentration may also be a single
concentration from a proportionally extracted batch sample (e.g., a
bag). In this case, you multiply the mean concentration of the batch
sample by the total flow from which the sample was extracted. You may
calculate total flow by integrating a changing flow rate or by
determining the mean of a constant flow rate, as follows:
(i) If you batch sample from a changing exhaust flow rate, extract
a sample proportional to the changing exhaust flow rate. We consider
the following flows changing flows that require proportional sampling:
raw exhaust, exhaust diluted with a constant flow rate of dilution air,
and CVS dilution with a CVS flow meter that does not have an upstream
heat exchanger or electronic flow control. Integrate the flow rate over
a test interval to determine the total flow from which you extracted
the proportional sample. Multiply the mean concentration of the batch
sample by the total flow from which the sample was extracted. If the
total emission is a molar quantity, convert this quantity to a mass by
multiplying it by its molar mass. If the total emission is a molar
quantity, convert this quantity to a mass by multiplying it by its
molar mass, M. The result is the mass of the emission, m. In the case
of PM emissions, where the mean PM concentration is already in units of
mass per mole of sample, MPM, simply multiply the total flow
by MPM. The result is the total mass of PM,mPM.
[[Page 54985]]
The following is a batch sample extracted from a variable flow rate
example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.124
Example:
MNOx = 46.0055 g/mol
N=9000
xNOx = 85.6 [mu]mol/mol
ndexh1 = 25.534 mol/s
ndexh2 = 26.950 mol/s
frecord = 5 Hz
Cmol = 1000000 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.125
mNOx = 46.0055 [middot] 85.6(25.534 + 26.950 + ... +
ndexh9000) [middot] 0.2 [middot] 1000000
mNOx = 4.201 g
(ii) If you batch sample from a constant exhaust flow rate, extract
a sample at a constant flow rate. We consider the following flows
constant exhaust flows: CVS diluted exhaust with a CVS flow meter that
has either an upstream heat exchanger, electronic flow control, or
both. Determine the mean flow rate from which you extracted the
constant flow rate sample. Multiply the mean concentration of the batch
sample by the mean flow rate of the exhaust from which the sample was
extracted, and multiply the result by the time of the test interval. If
the total emission is a molar quantity, convert this quantity to a mass
by multiplying it by its molar mass, M. The result is the mass of the
emission, m. In the case of PM emissions, where the mean PM
concentration is already in units of mass per mole of sample,
MPM, simply multiply the total flow by MPM. The
result is the total mass of PM,mPM.
(iii) The following is a batch sample extracted from a constant
flow rate example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.126
Example:
M PM = 0.144 mg/mol
ndexh = 57.692 mol/s
[Delta]t = 20 min
Ct = 60 s/min
Cm = 1000 mg/g
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(4) Diluted exhaust sampling; continuous or batch. If you sampled
emissions from diluted exhaust, you must consider two additional steps.
(i) If you diluted a sample at a constant ratio of dilution air
flow rate to exhaust flow rate (raw or dilute), you must multiply your
total mass emissions by the sum of the dilution ratio, DR, plus one.
The following is an example of a secondary dilution system for sampling
PM from a CVS:
mPM = mPMdil(DR+1)
Example:
mPMdil = 6.853 g
DR = 5:1
mPM = 6.853(5+1)
mPM = 41.118 g
(ii) You may optionally measure background emissions in dilution
air by either continuous sampling or batch sampling. You may then
subtract the background you would have otherwise attributed to your
engine as described in Sec. 1065.667.
(5) NOX correction for intake-air humidity. Correct the
total mass of NOX based on intake-air humidity as described
in Sec. 1065.670. Note that if you performed diluted exhaust sampling,
perform this correction after correcting for any dilution air
background.
(c) Total work. To determine brake-specific emissions for a test
interval as described in paragraph (a)(1) of this section, you must
also calculate the total work. To calculate total work, multiply the
feedback engine speed by its respective feedback torque and apply the
appropriate units conversion factors. This results in the power of the
engine. Integrate the power over a test interval to determine the total
work. If your standard is in the units g/hp.hr use the following
conversion factor: 1 hp =550 ft lbf/s = 0.77456999 kW, and round the
resulting value. The following is an example:
[GRAPHIC] [TIFF OMITTED] TP10SE04.129
Example:
N = 9000
fn1 = 1800.2 rev/min
fn2 = 1805.8 rev/min
T1 = 177.23 Nm
T2 = 175.00 Nm
Crev = 2[pgr] rad/rev
Ct1 = 60 s/min
Cp = 1000 (Nm/s)/kW
frecord = 5 Hz
Ct2 = 3600 s/hr
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(d) Steady-state mass rate divided by power. To determine steady-
state brake-specific emissions for a test interval as described in
paragraph (a)(2) of this section, calculate the steady-state mass rate
of the emission. Then calculate the steady-state power. Divide the mean
mass rate of the emission by the mean power to determine steady-state
brake-specific emissions.
(1) To calculate the mass rate of an emission, multiply its mean
concentration (e.g., x) by its respective mean flow rate,
[GRAPHIC] [TIFF OMITTED] TP10SE04.192
If the result is a molar flow rate, convert this quantity to a mass
rate by multiplying it by its molar mass, M. The result is the mean
mass rate of the emission,
[GRAPHIC] [TIFF OMITTED] TP10SE04.193
In the case of PM emissions, where the mean PM concentration is already
in units of mass per mole of sample, M PM, simply multiply
the mean flow rate,
[GRAPHIC] [TIFF OMITTED] TP10SE04.194
by MPM. The result is the mass rate of PM,
PM.
(2) To calculate power, multiply mean engine speed, fn,
by its respective mean torque, T, and apply the appropriate units
conversion factors. The results is the mean power of the engine, P.
[[Page 54986]]
(3) Divide emission mass rate by power to calculate a brake-
specific emission result as described in paragraph (a)(2) of this
section.
(4) The following is an example of how to calculate mean mass rate
and mean power:
[GRAPHIC] [TIFF OMITTED] TP10SE04.135
P=fn[middot]T
Examples:
MCO=28.0101 g/mol
xCO=12.00 mmol/mol
n=1.530 mol/s
Cmol=1000 mmol/mol
f=3584.5 rev/min
T=121.50 N[middot]m
Crev=2[middot][pi] rad/rev
Ct=60 s/min
Cp=1000 (N[middot]m/s)/kW
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(e) Ratio of total mass of emissions to total work. To determine
brake-specific emissions for a test interval as described in paragraph
(a)(3) of this section, calculate a value proportional to the total
mass of each emission. Divide each proportional value by a value that
is similarly proportional to total work. The result is a brake-specific
emission.
(1) Total mass. To determine a value proportional to the total mass
of an emission, determine total mass as described in paragraph (b) of
this section, except substitute for the flow rate, n, or the total
flow, n with a signal that is linearly proportional to flow rate,
or linearly proportional to total flow, [ntilde].
(2) Total work. To calculate a value proportional to total work
over a test interval, integrate a value that is proportional to power.
Use information about the brake-specific fuel consumption of your
engine, efuel to convert a signal proportional to fuel flow
rate to a signal proportional to power. To determine a signal
proportional to fuel flow rate, divide a signal that is proportional to
the mass rate of carbon products by the fraction of carbon in your
fuel, wc.. For your fuel, you may use a measured
wc or you may use the default values in Table 1 of Sec.
1065.655. Calculate the mass rate of carbon from the amount of carbon
and water in the exhaust, which you determine with a chemical balance
of fuel, intake air, and exhaust as described in Sec. 1065.655. In the
chemical balance, you must use concentrations from the flow that
generated the signal proportional to flow rate, [ntilde], in paragraph
(e)(1) of this section. The following is an example of how to determine
a signal proportional to total work over a test interval:
[GRAPHIC] [TIFF OMITTED] TP10SE04.140
[GRAPHIC] [TIFF OMITTED] TP10SE04.141
[GRAPHIC] [TIFF OMITTED] TP10SE04.142
Example:
N = 3000
frecord = 5 HZ
efuel = 285 g/(kW[middot]hr
wfuel = 0.869 g/g
Mc = 12.0107 g/mol
n1 = 3.922 mol/s
xCproddry1 = 91.634 mmol/mol
xH2O1 = 26.16 mmol/mol
n2 = 4.139 mol/s
xCproddry2 = 98.005 mmol/mol
xH2O2 = 27.21 mmol/mol
Cmol = 1000 mmol/mol
Ct s/hr
[GRAPHIC] [TIFF OMITTED] TP10SE04.143
[GRAPHIC] [TIFF OMITTED] TP10SE04.144
(3) Use the value proportional to total mass and the value
proportional to total work to determine brake-specific emissions as
described in paragraph (a)(3) of this section.
(f) Rounding. Round emission values only after all calculations are
complete and the result is in g/kW[middot]hr or units equivalent to the
units of the standard (i.e., g/hp[middot]hr.).
(1) General. To replace a number having a given number of digits
with a number having a smaller number of digits, follow these rules:
(i) If the digits to be discarded begin with a digit less than 5,
the digit preceding the 5 is not changed. Example : 6.9749515 rounded
to 3 digits is 6.97.
(ii) If the digits to be discarded begin with a 5 and at least one
of the following digits is greater than 0, the digit preceding the 5 is
increased by 1. Examples : 6.9749515 rounded to 2 digits is 7.0,
6.9749515 rounded to 5 digits is 6.9750.
(iii) If the digits to be discarded begin with a 5 and all of the
following digits are 0, the digit preceding the 5 is unchanged if it is
even and increased by 1 if it is odd. (Note that this means that the
final digit is always even.) Examples : 6.9749515 rounded to 7 digits
is 6.974952, 6.974950 5 rounded to 7 digits is 6.974950.
(2) Rounding converted numerical values. In most cases the product
of the unconverted numerical value and a conversion factor will be a
numerical value with a number of digits that exceeds the number of
significant digits of the unconverted numerical value. Proper
conversion procedure requires rounding this converted numerical value
to the number of significant digits that is consistent with the maximum
possible rounding error of the unconverted numerical value. Example :
To express the value 1 = 36 ft in meters, use the factor 0.3048 and
write 1 = 36 ft 3 0.3048 m/ft = 10.9728 m = 11.0 m. The final result, 1
= 11.0 m, is based on the following reasoning: The numerical value
``36'' has two significant digits, and thus a relative maximum possible
rounding error (abbreviated RE) of 0.5/36 = 1.4% because it could have
resulted from rounding the number 35.5, 36.5, or any number between
35.5 and 36.5. To be consistent with this RE, the converted numerical
value ``10.9728'' is rounded to 11.0 or three significant digits
[[Page 54987]]
because the number 11.0 has an RE of 0.05/11.0 = 0.45%. Although this
0.45% RE is one-third of the 1.4% RE of the unconverted numerical value
``36,'' if the converted numerical value ``10.9728'' had been rounded
to 11 or two significant digits, information contained in the
unconverted numerical value ``36'' would have been lost. This is
because the RE of the numerical value ``11'' is 0.5/11 = 4.5%, which is
three times the 1.4% RE of the unconverted numerical value ``36.'' This
example therefore shows that when selecting the number of digits to
retain in the numerical value of a converted quantity, one must often
choose between discarding information or providing unwarranted
information. Consideration of the end use of the converted value can
often help one decide which choice to make. Note: Consider that one had
been told initially that the value 1 = 36 ft had been rounded to the
nearest inch. Then in this case, since 1 is known to within 1 in, the
RE of the numerical value ``36'' is 1 in/(36 ft 3 12 in/ft) = 0.23%.
Although this is less than the 0.45% RE of the number 11.0, it is
comparable to it. Therefore, the result 1 = 11.0 m is still given as
the converted value. Note that the numerical value ``10.97'' would give
excessive unwarranted information because it has an RE that is one-
fifth of 0.23%.
Sec. 1065.655 Chemical balances of fuel, intake air, and exhaust.
(a) General. Chemical balances of fuel, intake air, and exhaust may
be used to calculate ratios of their flows, the amount of water in
their flows, and the concentration of constituents in their flows.
Along with the flow rate of either fuel, intake air, or exhaust you may
use chemical balances to determine the flows of the other two. For
example, you may use chemical balances along with exhaust flow to
determine fuel flow and intake flow.
(b) Procedures that require chemical balances. We require chemical
balances when you determine the following:
(1) A value proportional to total work, W6, when you choose to
determine brake-specific emissions as described in Sec. 1065.650(e).
(2) The amount of water in a raw or diluted exhaust flow,
xH2On, when you do not measure the amount of water in a flow
to correct for the amount water removed, as described in Sec.
1065.659(c)(2).
(3) The flow-weighted average fraction of dilution air in diluted
exhaust, DF, when you do not measure dilution air flow to correct for
background emissions as described inSec. 1065.667(c).
(c) Chemical balance procedure. The calculations for a chemical
balance involve a system of equations that require iteration. We
recommend using a computer to solve this system of equations. You must
guess the initial values of up to three quantities: the amount of water
in the measured flow, xH2O, fraction of dilution air in
diluted exhaust, DF, and the amount of products on a C1
basis per dry mole of dry measured flow, xCproddry. For each
emissions concentration, x, and amount of water xH2O, you
must determine their completely dry concentrations. xdry and
xH2Odry. You must also use your fuel's atomic hydrogen to
carbon ratio, [alpha], and oxygen to carbon ratio, [beta]. For your
fuel, you may measure [alpha] and [beta] or you may use the default
values in Table 1 of Sec. 1065.650. Use the following steps to
complete a chemical balance:
(1) Convert your measured concentrations such as,
xCO2meas, xNOmeas, and xH2Oint, to dry
concentrations by dividing them by one minus the amount of water
present during their respective measurements: xH2OxCO2,
xH2OxNO, and xH2Oint. If the amount of water
present during a ``wet'' measurement is the same as the unknown amount
of water in the exhaust flow, xH2O, iteratively solve for
that value in the system of equations. If you measure only total
NOX and not NO and NO2 separately, use good
engineering judgement to split your total NOX between NO and
NO2 for the chemical balances. For example, if you measure
emissions from a stoichiometric spark-ignition engine, you may assume
all NOX is NO. For a compression-ignition engine, you may
assume NOX is 75% NO and 25% NO2. For
NO2 storage aftertreatment systems, you may assume
NOX is 75% NO2 and 25% NO. Note that for
emissions calculations you must use the molar mass of NO2
for the molar mass of all NOX, regardless of the actual
NO2 fraction of NOX.
(2) Enter the equations in paragraph (c)(3) of this section into a
computer program to iteratively solve for xH2O and
xCproddry. If you measure raw exhaust flow, set DF equal to
zero (0). If you measure diluted exhaust flow, iteratively solve for
DF. Use good engineering judgment to guess initial values for
xH2O, xCproddry, and DF. We recommend guessing an
initial amount of water that is about twice the amount of water in your
intake or dilution air. We recommend guessing an initial value of
xCproddry as the sum of your measured CO2, CO,
and THC values. If you measure diluted exhaust, we also recommend
guessing an initial DF between 0.75 and 0.95, such as 0.8. Perform
iteration until the most recently updated guesses are all within 1% of their respective most recently calculated values.
(3) In the equations that follow, we use the following symbols and
subscripts:
xH20 = amount of water in measured flow
xH20dry = amount of water per dry mole of measured flow
xCproddry = amount of carbon products on a C1 basis per dry mole of
measured flow
DF = fraction of dilution air in measured flow--assuming stoichiometric
exhaust
xprod/intdry = amount of dry stoichiometric products per dry mole of
intake air
x02proddry = amount of oxygen products on an O2 basis per dry mole of
measured flow
x[emission]dry = amount of emission per dry mole of measured flow
x[emission]meas = amount of emission in measured flow
xH20[emission]meas = amount of water at emission measurement location
xH20int = amount of water in intake air
xH20dil = amount of water in dilution air
x02airdry = amount of oxygen per dry mole of air; 0.209445 mol/mol
x02airdry = amount of carbon dioxide per dry mole air; 375 [mu]mol/mol
[alpha] = atomic hydrogen to carbon ratio in fuel
[beta] = oxygen to carbon ratio in fuel
[[Page 54988]]
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[GRAPHIC] [TIFF OMITTED] TP10SE04.147
(4) The following is an example; iteratively solved using the
equations in paragraph (c)(3) of this section:
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[[Page 54989]]
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Table 1 of Sec. 1065.655.--Default Values of Atomic Hydrogen to Carbon
Ratio, [alpha], Atomic Oxygen to Carbon Ratio, [beta], and Carbon Mass
Fraction of Fuel, wC, for Various Fuels
------------------------------------------------------------------------
Atomic hydrogen and
oxygen to carbon Carbon mass
Fuel ratios concentration,
CH[alpha]O[beta] wc g/g
------------------------------------------------------------------------
Gasoline......................... CH1.85O0 0.866
2 Diesel................ CH1.80O0 0.869
1 Diesel................ CH1.93O0 0.861
LPG (C3H8)....................... CH2.67O0 0.817
LNG/CNG.......................... CH3.79O0.02 0.707
Ethanol.......................... CH3O0.5 0.521
Methanol......................... CH4O1 0.375
------------------------------------------------------------------------
Sec. 1065.657 Drift validation and correction.
(a) Determine if measurement instrument drift invalidates a test.
Use the following quantities and calculation to determine if drift
invalidates a test:
(1) Span reference, xref.
(2) Post-test span check, xspanchk.
(3) Post-test zero check, xzerochk.
(4) Flow-weighted amount expected at either the standard or during
a test interval, whichever is greater, xexp.
(5) Calculate drift correction, as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.152
Example:
xspanchk = 1695.8 [mu]mol/mol
xzerochk = -5.2 [mu]mol/mol
xref = 1800.0 [mu]mol/mol
xexp = 435.5 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.153
(b) You may correct every recorded amount for drift if drift did
not invalidate the test. Use the following quantities and calculation
to correct for drift:
(1) The quantities from paragraph (a) of this section.
(2) Each recorded amount, xi or for batch sampling, [xmacr].
(3) Correct for drift as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.154
Example:
xspanchk = 1695.8 [mu]mol/mol
xzerochk = -5.2 [mu]mol/mol
xref = 1800.0 [mu]mol/mol
xi or x = 435.5 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.155
[[Page 54990]]
Sec. 1065.658 Noise correction.
(a) You may set to zero any recorded data point if that point's
numerical value is smaller than the least of the following values:
(1) The measurement instrument noise determined according to Sec.
1065.305.
(2) For lab instruments the recommended noise limit specified in
Table 1 of Sec. 1065.205.
(3) For field-testing instruments, the recommended noise limit
specified in Table 1 of Sec. 1065.915.
(b) If you perform this noise correction on samples that are
corrected for background concentrations in dilution air, then noise
correct the respective dilution air measurements the same way.
(c) If you perform this noise correction on a THC concentration
that you use to determine NMHC, then correct the CH4
concentration the same way.
Sec. 1065.659 Removed water correction.
(a) If you remove water upstream of a concentration measurement, x,
or upstream of a flow measurement, n, correct for the removed water.
Perform this correction based on the amount of water at the
concentration measurement, xH2O[emission]meas, and at the flow meter,
xH2O, whose flow is used to determine the concentration's total mass
over a test interval.
(b) Downstream of where you removed water, you may determine the
amount of water remaining by any of the following:
(1) Measure the dewpoint temperature and absolute pressure
downstream of the water removal location and then calculate the amount
of water remaining as described in Sec. 1065.645.
(2) If you can justify assuming saturated water vapor conditions at
a given location, you may use the measured temperature at that location
as the dewpoint temperature.
(3) You may also use a nominal value of absolute pressure based on
an alarm setpoint, a pressure regulator setpoint, or good engineering
judgment.
(c) For a corresponding concentration or flow measurement where you
did not remove water, you may determine the amount of initial water by
any of the following:
(1) Use any of the techniques described in paragraph (b) of this
section.
(2) If the measurement is a raw exhaust measurement, you may
determine the amount of water based on intake-air humidity, plus a
chemical balance of fuel, intake air and exhaust as described in Sec.
1065.655.
(3) If the measurement is a diluted exhaust measurement, you may
determine the amount of water based on intake-air humidity, dilution
air humidity, and a chemical balance of fuel, intake air and exhaust as
described in Sec. 1065.655.
(d) Perform a removed water correction to the concentration
measurement using the following calculation:
[GRAPHIC] [TIFF OMITTED] TP10SE04.156
Example:
\X\COmeas = 29.0 [mu]mol/mol
\X\H2OCOmeas = 8.601 [mu]mol/mol
\X\H20 = 34.4 [mu]mol/mol
\C\mol = 1000 [mu]mol/mol
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Sec. 1065.660 THC and NMHC determination.
(a) THC determination. If we require you to determine THC emission,
calculate \x\THC using the initial THC contamination
concentration \x\THCinit from Sec. 1065.520 as follows:
\X\THC = \X\THCinit
Example:
\X\THC = 150.3 [mu]mol/mol
\X\THCinit = 1.1 [mu]mol/mol
\X\THC = 150.3 - 1.1
\X\THC = 149.2 [mu]mol/mol
(b) NMHC determination. Use one of the following to determine NMHC
emission, \X\NMHC
(1) If you did not measure CH4, you may report
\X\NMHC as 0.98.\X\THC.
(2) For nonmethane cutters, calculate \X\NMHC using the
nonmethane cutter's penetration fractions (PF) of CH4, and
C2H6, from Sec. 1065.331, and using the initial
NMHC contamination concentration \X\NMHCinit from Sec.
1065.520 as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.159
Example:
\X\THC = 150.3 [mu]mol/mol
\X\CH4 = 20.5 [mu]mol/mol
\PF\CH4 = 0.980
\PF\C2H6 = 0.050
\X\NMHCinit = 1.1 [mu]mol/mol
[GRAPHIC] [TIFF OMITTED] TP10SE04.160
(3) For a gas chromatograph, calculate \X\NMHC using the
THC analyzer's response factor (RF) CH4, from Sec.
1065.366, and using the initial NMHC contamination concentration
\X\NMHCinit from Sec. 1065.520 as follows:
\X\NMHC = \X\THC-
\RF\CH4[middot]\X\CH4-\X\NMHCinit
Example:
\X\THC = 145.6 [mu]mol/mol
\X\CH4 = 18.9 [mu]mol/mol
\RF\CH4 = 0.970
\X\NMHCinit = 1.1 [mu]mol/mol
\X\NMHC = 145.6-0.970[middot]18.9-1.1
\X\NMHC = 126.2 [mu]mol/mol
(4) If the result of paragraph (b)(2) or (3) of this section is
greater than the result of paragraph (b)(1) of this section, use the
value calculated under paragraph (b)(1) of this section.
Sec. 1065.665 THCE and NMHCE determination.
(a) If we require you to determine THCE, consider references to
NMHC and NMHCE in this section to mean THC and THCE, respectively. If
we require you to determine NMHCE, first determine NMHC as described in
Sec. 1065.660.
(b) If you measured an oxygenated hydrocarbon's mass concentration
(per mole of exhaust), then first calculate its molar concentration by
dividing its mass concentration by the molar mass of the oxygenated
hydrocarbon.
(c) Then multiply each oxygenated hydrocarbon's molar concentration
by its respective number of carbon atoms per molecule. Add these
carbon-equivalent molar concentrations to the molar concentration of
NMHC. The result is the molar concentration of NMHCE.
(d) For example, if you measured ethanol
(C2H5OH) and methanol (CH3OH) as molar
concentrations, and acetaldehyde (C2H4O) and
formaldehyde (HCHO) as mass concentrations, you
[[Page 54991]]
would determine NMHCE emissions as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.162
Example:
xNMHC = 127.3 [mu]mol/mol
xC2H5OH = 100.8 [mu]mol/mol
xCH3OH = 25.5 [mu]mol/mol
MexhC2H4O = 0.841 mg/mol
MexhHCHO = 39.0 [mu]g/mol
MC2H4O = 44.05256 g/mol
MHCHO = 30.02598 g/mol
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Sec. 1065.667 Dilution air background emission correction.
(a) General. To determine the mass of background emissions to
subtract from a diluted exhaust sample, first determine the total flow
of dilution air, ndil, over the test interval. This may be a measured
quantity or a quantity calculated from the diluted exhaust flow and the
flow-weighted average fraction of dilution air in diluted exhaust, DF.
Multiply the total flow of dilution air by the mean concentration of a
background emission, xdil. This may a time-weighted mean or
a flow-weighted mean (e.g. a proportionally sampled background). The
product of ndil and xdil is the total amount of a background
emission. If this is a molar quantity, convert it to a mass by
multiplying it by its molar mass, M. The result is the mass of the
background emission, m. In the case of PM, where the mean PM
concentration is already in units of mass per mole of sample, MPM,
simply multiply the total amount of dilution air by MPM. The result is
the total background mass of PM, mPM. Subtract the total background
mass from the total mass to correct for background emissions.
(b) You may determine the total flow of dilution air by a direct
flow measurement. In this case calculate the total mass of background
as described in Sec. 1065.650(b), using the dilution air flow,
ndil. Subtract the background mass from the total mass. Use
the result in brake-specific emissions calculations.
(c) You may determine the total flow of dilution air from the total
flow of diluted exhaust and a chemical balance of the fuel, intake air
and exhaust as described in Sec. 1065.655. In this case calculate the
total mass of background as described in Sec. 1065.650(b), using the
total flow of diluted exhaust, ndexh. Then multiply this result by the
flow-weighted average fraction of dilution air in diluted exhaust, DF.
Calculate DF using flow-weighted average concentrations of emissions in
the chemical balance, as described in Sec. 1065.655. You may assume
that your engine operates stoichiometrically, even if it is a lean-burn
engine, such as a compression-ignition engine. Note that for lean-burn
engines this assumption could result in an error in emissions
calculations. This error could occur because the chemical balances in
Sec. 1065.655 correct excess air passing through a lean-burn engine as
if it was dilution air. If an emission concentration expected at the
standard is about 100 times its dilution air background concentration,
this error is negligible. However, if an emission concentration
expected at the standard is similar to its background concentration,
this error could be significant. If you are concerned about this error,
we recommend that you remove background emissions from dilution air by
HEPA filtration, chemical adsorption, or catalytic scrubbing. You might
also consider using a partial-flow dilution technique such as a bag
mini-diluter, which uses purified air as the dilution air.
(d) The following is an example of using the flow-weighted average
fraction of dilution air in diluted exhaust, DF. and the total mass of
background emissions calculated using the total flow of diluted
exhaust, ndexh, as described in Sec. 1065.650(b):
Mbkgnd = df[middot]Mbkgnddexh
Mbkgnddexh = M[middot]xbkgnd[middot]ndexh
Example:
MNOx = 46.0055 g/mol
xbkgnd = 0.05 [mu]mol/mol
ndexh = 23280.5 mol
DF = 0.843
Cmol = 1000000 [mu]mol/mol
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Sec. 1065.670 NOX intake-air humidity correction.
(a) Correct NOX concentrations for intake-air humidity
after applying all other corrections.
(b) For compression-ignition engines correct for intake-air
humidity as follows or develop your own correction, based on good
engineering judgment:
XNOcorr = XNOxuncorr [middot](9.953[middot]
XH20 + 0.832)
Example:
XNOxuncorr = 700.5 [mu]mol/mol
XH20 = 0.022 mol/mol
XNOxcorr = 700.5[middot](9.953[middot]0.022 + 0.832)
XNOxcorr = 736.2 [mu]mol/mol
(c) For spark-ignition engines you may use the same correction as
for compression-ignition engines, or you
[[Page 54992]]
may develop your own correction, based on good engineering judgment.
Sec. 1065.672 CLD quench check calculations.
Perform CLD quench check calculations as follows:
(a) Calculate the amount of water in the span gas,
xH2Ospan assuming complete saturation at the span gas
temperature.
(b) Estimate the expected amount of water, xH2Oexp in
the exhaust you sample by considering the maximum expected amounts of
water in combustion air, in fuel combustion products, and in dilution
air if you dilute.
(c) Calculate water quench as follows:
[GRAPHIC] [TIFF OMITTED] TP10SE04.167
Example:
XNOdry = 1800 [mu]mol/mol
XNOwet = 1760 [mu]mol/mol
XH20exp = 0.03 mol/mol
XH20calc = 0.017 mol/mol
XNO,CO2 = 1480 [mu]mol/mol
XNO,N2 = 1500 [mu]mol/mol
XCO2exp = 2.0%
XCO2meas = 3.0%
[GRAPHIC] [TIFF OMITTED] TP10SE04.168
[GRAPHIC] [TIFF OMITTED] TP10SE04.169
Sec. 1065.690 PM sample media buoyancy correction.
(a) General. Correct PM sample media for their buoyancy in air if
you weigh them on a balance. The buoyancy correction depends on the
sample media density, the density of air, and the density of the
calibration weight used to calibrate the balance. The buoyancy
correction does not account for the buoyancy of the PM itself because
the mass of PM typically accounts only for (0.01 to 0.10)% of the total
weight. A correction to this small fraction of mass would be at the
most (0.001 to 0.010)%.
(b) PM sample media density. Different PM sample media have
different densities. Use the known density of your sample media, or use
one of the densities for some common sampling media:
(1) For PTFE coated borosilicate glass, use a sample media density:
2300 kg/m\3\.
(2) For PTFE membrane (film) media with an integral support ring of
polymethylpentene that accounts for 95% of the media mass, use a sample
media density: 920 kg/m\3\.
(c) Air density. Because a PM balance environment must be tightly
controlled to an ambient temperature of (22 1) [deg]C and a
dewpoint of (9.5 1) [deg]C, air density is only a function
of barometric pressure for this correction.
(d) Calibration weight density. Use the stated density of the
material of your metal calibration weight. The example calculation in
this section uses a density of 8000 kg/m\3\, but you should know the
density of your weight from the calibration weight supplier or the
balance manufacturer if it is an internal weight.
(e) Correction calculation. Buoyancy correct PM sample media using
the following:
[GRAPHIC] [TIFF OMITTED] TP10SE04.170
[GRAPHIC] [TIFF OMITTED] TP10SE04.171
Example:
muncorr = 100.0000 mg
[rho]barom = 101.325 kPa
[rho]weight = 8000 kg/m\3\
[rho]media = 920 kg/m\3\
[rho]air = (1.1803[middot]10-\2\[middot]101.325)-
5.2922[middot]10-\3\
[rho]air = 1.1906 kg/m\3\
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[GRAPHIC] [TIFF OMITTED] TP10SE04.173
Sec. 1065.695 Data requirements.
(a) To determine the information we require from engine tests,
refer to the standard-setting part and request from your Designated
Compliance Officer the application format for certification. We may
require different information for different purposes such as for
certification applications, alternate procedure approval requests,
selective enforcement audits, laboratory audits, production-line test
reports, and field-test reports.
(b) See the standard-setting part and Sec. 1065.25 regarding
recordkeeping.
(c) We may ask you the following about your testing:
(1) What approved alternative procedures did you use? For example:
(i) Partial-flow dilution for proportional PM.
(ii) CARB test procedures.
(iii) ISO test procedures.
(2) What laboratory equipment did you use? For example, the make,
model, and description of the following:
(i) Engine dynamometer and operator demand.
[[Page 54993]]
(ii) Probes, dilution, transfer lines, and sample preconditioning
components.
(iii) Batch storage media (e.g., bag material, PM filter material).
(3) What measurement instruments did you use? For example, the
make, model, and description of the following:
(i) Speed, torque instruments.
(ii) Flow meters.
(iii) Gas analyzers.
(iv) PM balance.
(4) When did you conduct calibrations and performance checks and
what were the results? For example, the dates and results of the
following:
(i) Linearity checks.
(ii) Interference checks.
(iii) Response checks.
(iv) Leak checks.
(v) Flow meter checks.
(5) What engine did you test? For example, the following:
(i) Manufacturer.
(ii) Family name on engine label.
(iii) Model.
(iv) Model year.
(v) Identification number.
(6) How did you prepare and configure your engine for testing? For
example, the following:
(i) Service accumulation; dates, hours, duty cycle and fuel.
(ii) Scheduled maintenance; dates and description.
(iii) Unscheduled maintenance; dates and description.
(iv) Intake restriction allowable pressure range.
(v) Charge air cooler volume.
(vi) Charge air cooler outlet temperature, specified engine
conditions and location of temperature measurement.
(vii) Exhaust restriction allowable pressure range.
(viii) Fuel temperature and location of measurement.
(ix) Any aftertreatment system configuration and description.
(x) Any crankcase ventilation configuration and description (e.g.,
open, closed, PCV, crankcase scavenged).
(7) How did you test your engine? For example:
(i) Constant speed or variable speed.
(ii) Mapping procedure: step or sweep.
(iii) Continuous or batch sampling for each emission.
(iv) Raw or dilute; any dilution air background sampling.
(v) Duty cycle and test intervals.
(vi) Cold-start, hot-start, warmed-up running.
(vii) Intake and dilution air absolute pressure, temperature,
dewpoint.
(viii) Simulated engine loads, curb idle transmission torque value.
(ix) Warm idle speed value, any enhanced idle speed value.
(x) Simulated vehicle signals applied during testing.
(xi) Bypassed governor controls during testing.
(xii) Date, time, and location of test (e.g., dynamometer
laboratory identification).
(xiii) Cooling medium for engine and charge air.
(xiv) Operating temperatures: coolant, head, block.
(xv) Full names of engine operators and laboratory operators.
(xvi) Natural or forced cool-down and cool-down time.
(xvii) Cannister loading.
(8) How did you validate your testing? For example, results from
the following:
(i) Duty cycle regression statistics for each test interval.
(ii) Proportional sampling.
(iii) Drift.
(iv) Reference PM sample media in PM-stabilization environment.
(9) How did you calculate results? For example, results from the
following:
(i) Drift correction.
(ii) Noise correction.
(iii) ``Dry-to-wet'' correction.
(iv) NMHC CH4 and contamination correction.
(v) NOx humidity correction.
(vi) Brake-specific emission formulation: total mass divided by
total work, mass rate divided by power, or ratio of mass to work.
(vii) Rounding emission results.
(10) What were the results of your testing? For example:
(i) Maximum mapped power and speed at maximum power.
(ii) Maximum mapped torque and speed at maximum torque.
(iii) For constant-speed engines: no-load governed speed.
(iv) For constant-speed engines: test torque.
(v) For variable-speed engines: test speed.
(vi) Speed versus torque map.
(vii) Speed versus power map.
(viii) Duty cycle and test interval brake-specific emissions.
(ix) Brake-specific fuel consumption.
(11) What fuel did you use? For example:
(i) Fuel that met specifications of subpart H of this part.
(ii) Alternative fuel.
(iii) Oxygenated fuel.
(12) How did you field test your engine? For example:
(i) Data from paragraphs (c)(1), (3), (4), (5), and (9) of this
section.
(ii) Probes, dilution, transfer lines, and sample preconditioning
components.
(iii) Batch storage media (e.g., bag material, PM filter material).
(iv) Continuous or batch sampling for each emission.
(v) Raw or dilute; any dilution air background sampling.
(vi) Cold-start, hot-start, warmed-up running.
(vii) Intake and dilution air absolute pressure, temperature,
dewpoint.
(viii) Curb idle transmission torque value.
(ix) Warm idle speed value, any enhanced idle speed value.
(x) Date, time, and location of test (e.g., dynamometer laboratory
identification).
(xi) Proportional sampling validation.
(xii) Drift validation.
(xiii) Operating temperatures: coolant, head, block.
(xiv) Full name of vehicle operator.
(xv) Full names of field test operators.
(xvi) Vehicle make, model, model year, identification number.
Subpart H--Engine Fluids, Test Fuels, and Analytical Gases
Sec. 1065.701 General requirements for test fuels.
(a) For all emission tests, use test fuels meeting the
specifications in this subpart unless the standard-setting part directs
otherwise. If we do not specify a service-accumulation fuel for a test
engine, use a fuel typical of what you would expect the engine to use
in service.
(b) If you produce engines that can run on a type of fuel (or
mixture of fuels) that we do not specify in this subpart, you must get
our approval to test with fuel representing commercially available
fuels of that type. We must approve your fuel specifications before you
start testing.
(c) You may use a test fuel other than those we specify in this
subpart if you do all the following:
(1) Show that it is commercially available.
(2) Show that your engines will use only the designated fuel in
service.
(3) Show that operating the engines on the fuel we specify would
increase emissions or decrease durability.
(4) Get our written approval before you start testing.
(d) We may allow you to use a different test fuel (such as
California Phase 2 gasoline) if you show us that using it does not
affect your ability to comply with all applicable emission standards.
Sec. 1065.703 Distillate diesel fuel.
(a) Distillate diesel fuels for testing must be clean and bright,
with pour and
[[Page 54994]]
cloud points adequate for proper engine operation.
(b) There are three grades of 2 diesel fuel specified for
use as a test fuel. See the standard-setting part to determine which
grade to use. If the standard-setting part does not specify which grade
to use, use good engineering judgment to select the grade that
represents the fuel on which the engines will operate in use. The three
grades are specified in Table 1 of this section.
(c) You may use the following nonmetallic additives with distillate
diesel fuels:
(1) Cetane improver.
(2) Metal deactivator.
(3) Antioxidant, dehazer.
(4) Rust inhibitor.
(5) Pour depressant.
(6) Dye.
(7) Dispersant.
(8) Biocide.
Table 1 of Sec. 1065.703.--Test Fuel Specifications for Distillate Diesel Fuel
----------------------------------------------------------------------------------------------------------------
Ultra low Low
Item Units sulfur sulfur High sulfur Reference procedure \1\
----------------------------------------------------------------------------------------------------------------
Cetane Number -- 40-50 40-50 40-50 ASTM D 613-03b
----------------------------
Distillation range:
Initial boiling point ..................... 171-204 171-204 171-204 .........................
10 pct. point ..................... 204-238 204-238 204-238 .........................
50 pct. point [deg]C 243-282 243-282 243-282 ASTM D 86-03.
90 pct. point ..................... 293-332 293-332 293-332 .........................
Endpoint ..................... 321-366 321-366 321-366 .........................
----------------------------
Gravity [deg]API 32-37 32-37 32-37 ASTM D 287-92.
----------------------------
Total sulfur mg/kg 7-15 300-500 2000-4000 ASTM D 2622-03.
----------------------------
Aromatics, minimum. g/kg 100 100 100 ASTM D 5186-03.
(Remainder shall be
paraffins, naphthalenes,
and olefins)
----------------------------
Flashpoint, min. [deg]C 54 54 54 ASTM D 93-02a.
----------------------------
Viscosity cSt 2.0-3.2 2.0-3.2 2.0-3.2 ASTM D 445-03.
----------------------------------------------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec. 1065.1010.
Sec. 1065.705 Residual fuel. [Reserved]
Sec. 1065.710 Gasoline.
(a) Gasoline for testing must have octane values that represent
commercially available fuels for the appropriate application.
(b) There are two grades of gasoline specified for use as a test
fuel. If the standard-setting part requires testing with fuel
appropriate for low temperatures, use the test fuel specified for low-
temperature testing. Otherwise, use the test fuel specified for general
testing. The two grades are specified in Table 1 of this section.
Table 1 of Sec. 1065.710.--Test Fuel Specifications for Gasoline
----------------------------------------------------------------------------------------------------------------
Low temperature Reference procedure
Item Units General testing testing \1\
----------------------------------------------------------------------------------------------------------------
Distillation Range:
Initial boiling ................ \2\ 24-35 24-36 .....................
point
10% point ................ 49-57 37-48 .....................
50% point [deg]C 93-110 82-101 ASTM D 86-01.
90% point ................ 149-163 158-174 .....................
End point ................ Maximum, 213 Maximum, 212 .....................
Hydrocarbon
composition:
1. Olefins [mu]m3/m3 Maximum, 100,000 Maximum, 175,000 .....................
2. Aromatics ................ Maximum, 350,000 Maximum, 304,000 ASTM D 1319-02.
3. Saturates ................ Remainder Remainder .....................
Lead (organic) g/liter Maximum, 0.013 Maximum, 0.013 ASTM D 3237-97.
Phosphorous g/liter Maximum, 0.0013 Maximum, 0.005 ASTM D 3231-02.
Total sulfur mg/kg Maximum, 80 Maximum, 80 ASTM D 1266-98.
Volatility (Reid Vapor kPa 2,3 60.0-63.4 77.2-81.4 ASTM D 323-99a.
Pressure)
----------------------------------------------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec. 1065.1010.
\2\ For testing at altitudes above 1 219 m, the specified volatility range is (52 to 55) kPa and the specified
initial boiling point range is (23.9 to 40.6) [deg]C.
\3\ For testing unrelated to evaporative emissions, the specified range is (55 to 63) kPa.
Sec. 1065.715 Natural gas.
(a) Natural gas for testing must meet the specifications in the
following table:
[[Page 54995]]
Table 1 of Sec. 1065.715.--Test Fuel Specifications for Natural Gas
------------------------------------------------------------------------
Item Reference procedure Value
------------------------------------------------------------------------
1. Methane, CH4............. ASTM D 1945-96...... Minimum, 87.0
[mu]mol/mol.
2. Ethane, C2H6............. ASTM D 1945-96...... Maximum, 5.5 [mu]mol/
mol.
3. Propane, C3H8............ ASTM D 1945-96...... Maximum, 1.2 [mu]mol/
mol.
4. Butane, C4H10............ ASTM D 1945-96...... Maximum, 0.35
[mu]mol/mol.
5. Pentane, C5H12........... ASTM D 1945-96...... Maximum, 0.13
[mu]mol/mol.
6. C6 and higher............ ASTM D 1945-96...... Maximum, 0.1 [mu]mol/
mol.
7. Oxygen................... ASTM D 1945-96...... Maximum, 1.0 [mu]mol/
mol.
8. Inert gases (sum of CO2 ASTM D 1945-96...... Maximum, 5.1 [mu]mol/
and N2). mol.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.
1065.1010.
(b) At ambient conditions, natural gas must have a distinctive odor
detectable down to a concentration in air not more than one-fifth the
lower flammability limit.
Sec. 1065.720 Liquefied petroleum gas.
(a) Liquefied petroleum gas for testing must meet the
specifications in the following table:
Table 1 of Sec. 1065.720--Test Fuel Specifications for Liquefied
Petroleum Gas
------------------------------------------------------------------------
Reference procedure
Item \1\ Value
------------------------------------------------------------------------
1. Propane, C3H8............ ASTM D 2163-91...... Minimum, 850,000
[mu]m\3\/m\3\.
2. Vapor pressure at 38 ASTM D 1267-02 or Maximum, 1400 kPa.
[deg]C. 2598-02 \2\.
3. Volatility residue ASTM D 1837-02...... Maximum -38 [deg]C.
(evaporated temperature,
35[deg]C).
4. Butanes.................. ASTM D 2163-91...... Maximum, 50,000
[mu]m\3\/m\3\.
5. Butenes.................. ASTM D 2163-91...... Maximum, 20,000
[mu]m\3\/m\3\.
6. Pentenes and heavier..... ASTM D 2163-91...... Maximum, 5,000
[mu]m\3\/m\3\.
7. Propene.................. ASTM D 2163-91...... Maximum, 100,000
[mu]m\3\/m\3\.
8. Residual matter (residue ASTM D 2158-02...... Maximum, 0.05 ml
on evap. of 100) ml oil pass.\3\
stain observ.).
9. Corrosion, copper strip.. ASTM D 1838-91...... Maximum, No. 1.
10. Sulfur.................. ASTM D 2784-98...... Maximum, 80 mg/kg.
11. Moisture content........ ASTM D 2713-91...... Pass.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.
1065.1010.
\2\ If these two test methods yield different results, use the results
from ASTM D 1267-02.
\3\ The test fuel must not yield a persistent oil ring when you add 0.3
ml of solvent residue mixture to a filter paper in 0.1 ml increments
and examine it in daylight after two minutes.
(b) At ambient conditions, liquefied petroleum gas must have a
distinctive odor detectable down to a concentration in air not more
than one-fifth the lower flammability limit.
Sec. 1065.740 Lubricants.
(a) Use commercially available lubricating oil that represents the
oil that will be used in your engine in use.
(b) You may use lubrication additives, up to the levels that the
additive manufacturer recommends.
Sec. 1065.745 Coolants.
(a) You may use commercially available antifreeze mixtures or other
coolants that will be used in your engine in use.
(b) For laboratory testing of liquid-cooled engines, you may use
water with or without rust inhibitors.
(c) For coolants allowed in paragraphs (a) and (b) of this section,
you may use rust inhibitors and additives required for lubricity, up to
the levels that the additive manufacturer recommends.
Sec. 1065.750 Analytical Gases.
Analytical gases must meet the accuracy and purity specifications
of this section, unless you can show that other specifications would
not affect your ability to show that your engines comply with all
applicable emission standards.
(a) Subparts C and D of this part refer to the following gas
specifications:
(1) Use purified gases to zero measurement instruments and to blend
with calibration gases. Use gases with contamination up to the highest
of the following values in the gas cylinder or at the outlet of a zero-
gas generator:
(i) 2% contamination, measured relative to the flow-weighted
average concentration expected at the standard.
(ii) 2% contamination, measured relative to the flow-weighted
average concentration measured during testing.
(iii) Contamination as specified in the following table:
Table 1 of Sec. 1065.750--General Specifications for Purified Gases
------------------------------------------------------------------------
Constituent Purified Air \1\ Purified N 2 \1\
------------------------------------------------------------------------
THC (C1 equivalent)......... < 0.05 [mu]mol/mol.. < 0.05 [mu]mol/mol.
CO1 [mu]mol/mol............. < 1 [mu]mol/mol.....
CO2......................... < 10 [mu]mol/mol.... < 10 [mu]mol/mol.
O2.......................... 0.205 to 0.215 mol/ < 2 [mu]mol/mol.
mol.
[[Page 54996]]
NOX......................... < 0.02 [mu]mol/mol.. < 0.02 [mu]mol/mol.
------------------------------------------------------------------------
\1\ We do not require that these levels of purity be traceable to NIST
standards.
(2) Use the following gases with a flame-ionization detector (FID)
analyzer:
(i) Use FID fuel with an H2 concentration of (0.4 0.02)
mol/mol, balance He. Make sure the mixture contains no more than 0.05
[mu]mol/mol THC.
(ii) Use FID burner air that meets the specifications of purified
air in paragraph (a)(1) of this section.
(iii) Zero flame-ionization detectors with purified air meeting the
specifications in paragraph (a)(1) of this section.
(3) Use the following gas mixtures, with gases traceable within
1% of the NIST true value or other gas standards we
approve:
(i) CH4, balance purified synthetic air or
N2.
(ii) C2H6, balance purified synthetic air or
N2.
(iii) C3H8, balance purified synthetic air or
N2.
(iv) CO, balance purified N2.
(v) CO2, balance purified N2.
(vi) NO, balance purified N2.
(vii)) NO2, balance purified N2.
(viii) O2, balance purified N2.
(ix) C3H8, CO, CO2, NO, balance
purified N2.
(4) You may use gases for species other than those listed in
paragraph (a)(3) of this section (such as methanol in air, which you
may use to determine response factors), as long as they are traceable
to 1% of the NIST true value or other similar standards we
approve.
(5) You may generate your own calibration gases using a precision
blending device, such as a gas divider, to dilute gases with purified
N2 or purified synthetic air. Gas dividers must meet the
specifications in Sec. 1065.248.
(b) Record the concentration of any calibration gas standard and
its expiration date specified by the gas supplier. Do not use any
calibration gas standard after its expiration date.
(c) Transfer gases from their source to analyzers using components
that are dedicated to controlling and transferring only those gases.
For example, do not use a regulator, valve, or transfer line for zero
gas if those components were previously used to transfer a different
gas mixture. We recommend that you label regulators, valves, and
transfer lines to prevent contamination. Note that even small traces of
a gas mixture in the dead volume of a regulator, valve, or transfer
line can diffuse upstream into a high-pressure volume of gas, which
would contaminate the entire high-pressure gas source, such as a
compressed-gas cylinder.
Sec. 1065.790 Mass standards.
(a) PM balance calibration weights. Use PM balance calibration
weights that are certified as traceable to NIST standards to within
0.1% uncertainty. Calibration weights may be certified by any
calibration lab that maintains NIST traceability. Make sure your lowest
calibration weight has no greater than ten times the mass of an unused
PM-sample medium.
(b) Dynamometer calibration weights. [Reserved]
Subpart I--Testing With Oxygenated Fuels
Sec. 1065.801 Applicability.
(a) This subpart applies for testing with oxygenated fuels. Unless
the standard-setting part specifies otherwise, the requirements of this
subpart do not apply for fuels that contain less than 25% oxygenated
compounds by volume. For example, you generally do not need to follow
the requirements of this subpart for tests performed using a fuel
containing 10% ethanol and 90% gasoline, but you must follow these
requirements for tests performed using a fuel containing 85% ethanol
and 15% gasoline.
(b) This subpart specifies sampling procedures and calculations
that are different than those used for non-oxygenated fuels. All other
test procedures of this part 1065 apply for testing with oxygenated
fuels.
Sec. 1065.805 Sampling system.
(a) Proportionally dilute engine exhaust, and use batch sampling
collect flow-weighted dilute samples at a constant flow rate.
(b) You may collect background samples for correcting dilution air
for background concentrations.
(c) Maintain sample temperatures within probes and sample lines
that prevent aqueous condensation up to the point where a sample is
collected.
(d) You may bubble a sample of the exhaust through water to collect
alcohols for later analysis.
(e) For alcohol-containing oxygenated fuels, sample the exhaust
through cartridges impregnated with 2,4-dinitrophenylhydrazine to
collect carbonyls for later analysis. If the standard-setting part
specifies a duty cycle that has multiple test intervals (such as
multiple engine starts or an engine-off soak phase), you may
proportionally collect a single carbonyl sample for the entire duty
cycle.
(f) You may use a photo-acoustic analyzer to quantify ethanol and
methanol in an exhaust sample.
(g) Use good engineering judgment to sample other oxygenated
hydrocarbon compounds in the exhaust.
Sec. 1065.810 Calculations.
Use the calculations specified in Sec. 1065.665 to determine THCE
or NMHCE.
Subpart J--Field Testing
Sec. 1065.901 Applicability.
(a) The test procedures in this subpart measure brake-specific
emissions from engines while they are installed in vehicles in the
field.
(b) These test procedures apply to your engines only as specified
in the standard-setting part.
Sec. 1065.905 General provisions.
(a) Unless the standard-setting part specifies deviations from the
provisions of this subpart, field testing must conform to all of the
provisions of this subpart.
(b) Testing conducted under this subpart may include any normal in-
use operation of an engine.
(c) This part specifies procedures for field testing various
categories of engines. See the standard-setting part for directions in
applying specific provisions in this part for a particular type of
engine. Before using this subpart's procedures, read the standard-
setting part to answer at least the following questions:
(1) How many engines must I test?
(2) How many times must I repeat a field test on an individual
engine?
(3) How do I select vehicles for field testing?
(4) What maintenance steps may I take before or between tests?
(5) What data are needed for a single field test on an individual
engine?
(6) What are the limits on ambient conditions for field testing?
[[Page 54997]]
(7) Which exhaust constituents do I need to measure?
(8) How do I account for crankcase emissions?
(9) Which engine and ambient parameters do I need to measure?
(10) How do I process the data recorded during field testing to
determine if my engine meets field-testing standards? How are
individual test intervals determined? Note that ``test interval'' is
defined in subpart K of this part (Part 1065).
(11) Should I warm up the test engine before measuring emissions,
or do I need to measure cold-start emissions during a warm-up segment
of in-use operation?
(12) Do any unique specifications apply for test fuels?
(13) Do any special conditions invalidate a field test?
(14) Does any special margin apply to field-test emission results
based on the accuracy and repeatability of field-testing measurement
instruments?
(15) Do results of initial field testing trigger any requirement
for additional field testing?
(16) How do I report field-testing results?
(d) Use the following specifications in other subparts of this part
(Part 1065) for field testing:
(1) Use the applicability and general provisions of subpart A of
this part.
(2) Use equipment specifications in Sec. 1065.101 and in Sec.
1065.140 through Sec. 1065.190. Section 1065.910 specifies additional
equipment specific to field testing.
(3) Use measurement instruments in subpart C of this part, except
as specified in Sec. 1065.915.
(4) Use calibrations and performance checks in subpart D of this
part, except as specified in Sec. 1065.920. Section 1065.920 also
specifies additional calibration and performance checks for field
testing.
(5) Use the provisions of the standard-setting part for selecting
and maintaining engines instead of the specifications in subpart E of
this part.
(6) Use the procedures in Sec. Sec. 1065.930 and 1065.935 to start
and run a field test. If you use a gravimetric balance for PM, weigh PM
samples according to Sec. Sec. 1065.590 and 1065.595.
(7) Use the calculations in subpart G of this part to calculate
emissions over each test interval. Note that ``test interval'' is
defined in subpart K of this part (Part 1065), and that the standard
setting parts indicate how to determine test intervals for your engine.
Section 1065.940 specifies additional calculations for field testing.
Use any calculations specified in the standard-setting part to
determine if your engines meet the field-testing standards. The
standard-setting part may also contain additional calculations that
determine when further field testing is required.
(8) Use a fuel typical of what you would expect the engine to use
in service. You need not use the fuel specified in subpart H of this
part.
(9) Use the lubricant and coolant specifications in Sec. 1065.740
and Sec. 1065.745.
(10) Use the analytical gases and other calibration standards in
Sec. 1065.750 and Sec. 1065.790.
(11) Use the procedures specified for testing with oxygenated fuels
in subpart I of this part.
(12) Apply the definitions and reference materials in subpart K of
this part.
(e) The following table summarizes the requirements of paragraph
(d) of this section:
Table 1 of Sec. 1065.905--Summary of Field-Testing Requirements That
Are Specified Outside of This Subpart J \1\
------------------------------------------------------------------------
Subpart * * * Use for field testing * * *
------------------------------------------------------------------------
A: Applicability and general provisions Use all.
B: Equipment for testing............... Use Sec. 1065.101and Sec.
1065.140 through end of
subpart B. Sec. 1065.910
specifies equipment specific
to field testing.
C: Measurement instruments............. Use all. Sec. 1065.915 allows
deviations.
D: Calibrations and performance checks. Use all. Sec. 1065.920 allows
deviations, but also has
additional.
E: Test engine maintenance, and Do not use. selection, Use
durability. standard-setting part.
F: Running an emission test in the Use Sec. Sec. 1065.590 and
laboratory. 1065.595 for weighing PM with
a gravimetric balance. Sec.
1065.930 and Sec. 1065.935
to start and run a field test.
G: Calculations........................ Use all. Use standard-setting
part.
H: Fuels, engine fluids, analytical Use an in-use fuel. You do not
gases, and other calibration materials. have to use fuels in subpart
H.
I: Testing with oxygenated fuels....... Use all.
K: Definitions and reference materials. Use all.
------------------------------------------------------------------------
\1\ Refer to Sec. 1065.905 (d) for complete specifications.
Sec. 1065.910 Field-testing equipment.
(a) Use field-testing equipment that meets the specifications of
Sec. 1065.101 and Sec. 1065.140 through Sec. 1065.190.
(b) This section describes additional equipment that is specific to
field testing.
(c) To field test an engine, you will likely route its exhaust to a
raw exhaust flow meter and to sample probes. Route exhaust, as follows:
(1) Use short flexible connectors at the end of the engine's
exhaust pipe.
(i) You may use flexible connectors to enlarge or reduce the
exhaust-pipe diameter to match that of your test equipment.
(ii) Use flexible connectors that do not exceed a length of three
times their largest inside diameter.
(iii) Use at least 315 [deg]C temperature rated, four-ply silicone
fiberglass fabric material for flexible connectors. You may use
connectors with a spring steel wire helix for support and/or
NomexTM coverings or linings for durability. You may also
use any other material that performs equivalently in terms of
permeability, and durability as long as it seals tightly around
tailpipes and does not react with exhaust.
(iv) Use stainless steel hose clamps to seal flexible connectors to
the outside diameter of tailpipes or use clamps that seal equivalently.
(v) You may use additional flexible connectors to connect to flow
meters and sample probe locations.
(2) Use rigid 300 series stainless steel tubing to connect between
flexible connectors. Tubing may be straight or bent to accommodate
vehicle geometry. You may use 300 series stainless steel tubing ``T''
or ``Y'' fittings to join exhaust from multiple tailpipes.
Alternatively, you may cap or plug redundant tailpipes if it is
recommended by the engine manufacturer.
[[Page 54998]]
(3) Use connectors and tubing that do not increase back pressure so
much that it exceeds the manufacturer's maximum specified exhaust
restriction. You may verify this at the maximum exhaust flow rate by
measuring back pressure at the vehicle tailpipe with your system
connected. Alternatively, you may verify this by engineering analysis,
taking into account the maximum exhaust flow rate expected and the
flexible connectors and tubing pressure drops versus flow
characteristics.
(d) Use mounting hardware as required for securing flexible
connectors and exhaust tubing. We recommend mounting hardware such as
clamps, suction cups, and magnets that are specifically designed for
vehicle applications. We also recommend using structurally sound
mounting points such as vehicle frames, trailer hitches, and payload
tie-down fittings.
(e) Field testing may require portable electrical power to run your
test equipment. Power your equipment, as follows:
(1) You may use electrical power from the vehicle, up to the
highest power level, such that all the following are true:
(i) The vehicle power system is capable of safely supplying your
power, such that your demand does not overload the vehicle's power
system.
(ii) The engine emissions do not significantly change when you use
vehicle power.
(iii) The power you demand does not increase output from the engine
by more than 1 % of its maximum power.
(2) You may install your own portable power supply. For example,
you may use batteries, fuel cells, a portable electrical generator, or
any other power supply to supplement or replace your use of vehicle
power. However, in no case may you provide power to the vehicle's power
system.
Sec. 1065.915 Measurement instruments.
(a) Instrument specifications. We recommend that you use field-
testing equipment that meets the specifications of subpart C of this
part. For field testing, the specifications in Table 1 of Sec.
1065.915 apply instead of the specifications in Table 1 of Sec.
1065.205.
Table 1 of Sec. 1065.915.--Recommended Minimum Measurement Instrument Performance for Field Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Measured quantity Rise time and Recording update
Measurement symbol fall time frequency Accuracy \1\ Repeatability \1\ Noise \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Engine speed transducer.......... fn 1 s 5 Hz 5.0% of pt., or 2.0% of pt., 1.0% 0.5% of max.
1.0% of max. of max.
----------------------------------
Engine torque estimator, BSFC.... T 1 s 5 Hz 8.0% of pt., or 3% 2.0% of pt., 1.0% 1.0 of max.
of max. of max.
----------------------------------
General pressure transducer (not p 5 s 1 Hz 5.0% of pt., or 2.0% of pt., or 1.0% of max.
a part of another instrument). 2.0% of max. 0.5% of max.
----------------------------------
Barometer........................ pbarom 50 s 0.1 H 250 Pa 200 Pa 100 Pa.
----------------------------------
General temperature sensor (not a T 5 s 1 Hz 1.0% of pt., or 3 0.5% of pt., or 2 0.5 [deg]C.
part of another instrument). [deg]C [deg]C
----------------------------------
General dewpoint sensor.......... Tdew 50 S 0.1 Hz 3 [deg]C 1 [deg]C 0.5 [deg]C.
----------------------------------
Exhaust flow meter............... n 1 s 5 Hz 5.0% of pt., or 2.0% of pt. 2.0% of max.
3.0% of max.
----------------------------------
Constituent concentration x 5 s 1 Hz 2.5% of pt., 2.5% 1.0% of pt., 1.0% 0.4% of max.
continuous analyzer. of meas. of meas.
----------------------------------
Inertial PM balance.............. mPM 5 s 1 Hz 2.0% of pt., 2.0% 1.0% of pt., 1.0% 0.4% of max.
of meas. of meas.
----------------------------------
Gravimetric PM balance........... mPM N/A N/A See Sec. 0.25 [mu]g 0.1 [mu]g.
1065.790
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Accuracy, repeatability, and noise are determined with the same collected data as described in Sec. 1065.305. ``pt.'' refers to a single point at
the average value expected during testing at the standard--the reference value used in Sec. 1065.305; ``max.'' refers to the maximum value expected
during testing at the standard over a test interval, not the maximum of the instrument's range; ``meas'' refers to the flow-weighted average measured
value during any test interval.
(b) ECM signals. You may use signals from the engine's electronic
control module (ECM) in place of values recorded by measurement
instruments, subject to the following provisions:
(1) You must filter ECM signals to discard discontinuities and
irrational records.
(2) You must perform time-alignment and dispersion of ECM signals,
as described in Sec. 1065.201.
(3) You may use any combination of ECM signals, with or without
other measurements, to determine the start-time and end-time of a test
interval. Note that ``test interval'' is defined in subpart K of this
part (Part 1065).
(4) You may use any combination of ECM signals along with other
measurements to determine brake-specific emissions over a test
interval.
(5) For each ECM signal that you use, you must state one of the
following:
(i) The signal meets all the specifications, calibrations, and
performance checks of any measurement instrument or system that the
signal replaces.
(ii) The signal deviates from one or more of the specifications,
calibrations, or performance checks, but its deviation does not prevent
you from demonstrating that you meet the applicable standards. For
example, your emissions results are sufficiently below the applicable
standard such that the deviation would not significantly change the
result.
(c) Redundant measurements. You may make any other measurements,
such as redundant measurements, to
[[Page 54999]]
ensure the quality of the data you collect.
(d) Ambient effects on instruments. Measurement instruments must
not be affected by ambient conditions such as temperature, pressure,
humidity, physical orientation, or mechanical shock and vibration. If
an instrument is inherently affected by ambient conditions, those
conditions must be monitored and the instrument's signals must be
adjusted in a way that compensates for the ambient effect. Follow the
instrument manufacturer's instructions for proper field installation.
(e) Engine torque estimator. Because engine brake torque may be
difficult or impossible to measure during field testing, we allow other
means of estimating torque based on other parameters. We recommend that
the overall performance of any torque estimator should meet the
performance specifications in Table 1 of Sec. 1065.915. Although you
may develop your own torque estimator, we recommend using one of the
following:
(1) ECM signals. You may use ECM signals to estimate torque if they
meet the specifications of paragraph (b) of this section. Some
electronic control modules calculate torque directly, based on the
amount of fuel commanded to the engine and possibly other parameters.
Other electronic control modules output a signal that is the ratio of
the amount of fuel commanded divided by the maximum possible command at
the given engine speed. This value is commonly called ``% load''. You
may use this value in combination with the engine manufacturer's
published maximum torque versus speed data to estimate engine torque.
You may use a combination of ECM signals such as intake manifold
pressure and temperature and engine speed if you have detailed
laboratory data that can correlate such signals to torque.
(2) Brake-specific fuel consumption. You may multiply brake-
specific fuel consumption (BSFC) information by fuel-specific emission
results to determine brake-specific emission results. This approach
avoids any requirement to estimate torque in the field. Fuel-specific
results can be calculated from emission concentrations and a signal
linear to exhaust flow rate. See Sec. 1065.650 for the calculations.
You may interpolate brake-specific fuel consumption data, which might
be available from an engine laboratory as a function of engine speed
and other engine parameters that you can measure in the field. You may
also use a single BSFC value that approximates the mean BSFC over a
test interval (as defined in subpart K). This value may be a nominal
BSFC value for all engine operation, which may be determined over one
or more laboratory duty cycles. Refer to the standard-setting part to
determine if the range of engine operation represented by a duty cycle
approximates the range of operation that defines a field-testing test
interval. Select a nominal BSFC based on duty cycles that best
represent the range engine operation that defines a field-testing test
interval.
Sec. 1065.920 Calibrations and performance checks.
(a) Use all of the applicable calibrations and performance checks
in subpart D of this part, including the linearity checks in Sec.
1065.307, to calibrate and check your field test system.
(b) Your field-testing system must also meet an overall check. We
require only that you maintain a record that shows that the make,
model, and configuration of your system meets this check. The record
itself may be supplied to you by the field-testing system manufacturer.
However, we recommend that you generate your own record to verify that
your specific system meets this check. If you upgrade or change the
configuration of your field test system, we require that your record
shows that your new configuration meets this check. The check consists
of comparing field test data and laboratory data that are generated
simultaneously over a repeated duty cycle in a laboratory. Two
statistical comparisons are made. One statistical comparison checks the
difference between the field test and lab data with respect to the lab
standard. The second statistical comparison checks the field-testing
system's upper confidence limit with respect to the lab's upper
confidence limit. The field test upper confidence limit is determined
only after applying any measurement allowance that is specified in the
standard-setting part. Refer to Sec. 1065.605 for an example
calculation of these two statistical tests. Perform the check as
follows:
(1) Install your field-testing system on an engine in a dynamometer
laboratory that meets all of the specifications of this part with
respect to the engine and its applicable emission standards. We
recommend that you select an engine that has emissions near its
applicable laboratory standards.
(2) If the standard-setting part does not specify a duty cycle
specifically for this check, select or create a duty cycle that has all
of the following:
(i) Expected in-use engine operation. Consider using data from
previous field tests to generate a cycle.
(ii) (20 to 40) min duration.
(iii) At least 10 discrete field-testing test intervals (e.g., 10
NTE events).
(iv) At least 50% of its time in the operating range where valid
field-testing test intervals may be calculated. For example, for heavy-
duty highway compression-ignition engines, select a duty cycle in which
at least 50% of the engine operating time can be used to calculate
valid NTE events.
(3) Prepare the laboratory and field-testing systems for emission
testing as described in this part.
(4) Run at least seven valid repeat emission tests with the duty
cycle, using a warmed up running engine. For a valid repeat of the duty
cycle, the laboratory and field test systems must both return validated
tests (e.g., tests must meet drift check, hydrocarbon contamination
check, proportional validation, etc).
(5) Calculate all brake-specific emission results with the lab and
the field test data for every field-testing test interval (e.g., each
NTE event) that occurred. Repeat this for every repeated duty cycle.
(6) Calculate the mean for each test interval (e.g., each NTE
event) with the repeated data for each test interval.
(7) For each test interval (e.g., each NTE event), subtract its lab
mean from its field test mean, and divide the result by the applicable
lab standard. If this result is within 5% for all test
intervals (e.g., all NTE events), then the field test system passes
this statistical test.
(8) First apply any measurement allowance to the field-testing
results in paragraph (b)(5) of this section and recalculate the field
test results in the same way you calculated the results for paragraph
(b)(6) of this section. Then calculate two times the standard deviation
for each of the test interval means from the adjusted field test
results and the lab means from (b)(6) of this section. Add these values
to each of their respective means. The result is the upper confidence
limit for each test interval (e.g., each NTE event). For each test
interval subtract the laboratory upper confidence limit from the field
test upper confidence limit. If the result of this subtraction is less
than or equal to zero for all the test intervals (e.g., all NTE
events), then the field test system passes this statistical test.
(c) If the field test system passes both statistical tests in
paragraphs (b)(7) and (b)(8) of this section, then the field-test
system passes the overall field-testing system check.
[[Page 55000]]
Sec. 1065.925 Measurement equipment and analyzer preparation.
(a) If your engine must comply with a PM standard and you use a
gravimetric balance to measure PM, follow the procedures for PM sample
preconditioning and tare weighing as described in Sec. 1065.590.
(b) Verify that ambient conditions are initially within the limits
specified in the standard-setting part.
(c) Install all of the equipment and measurement instruments
required to conduct a field test.
(d) Power the measurement system, and allow pressures,
temperatures, and flows to stabilize to their operating set points.
(e) Operate dilution systems and PM sampling systems at their
expected flow rates using a bypass.
(f) Bypass or purge any gaseous sampling systems until sampling
begins.
(g) Conduct calibrations and performance checks.
(h) Check for contamination in the NMHC sampling system as follows:
(1) Select the NMHC analyzer range for measuring the flow-weighted
average concentration expected at the NMHC standard.
(2) Zero the NMHC analyzer using zero air introduced at the
analyzer port.
(3) Span the NMHC analyzer using span gas introduced at the
analyzer port.
(4) Overflow zero air at the NMHC probe or into a fitting between
the NMHC probe and the transfer line.
(5) Measure the NMHC concentration in the sampling system:
(i) For continuous sampling, record the mean NMHC concentration as
overflow zero air flows.
(ii) For batch sampling, fill the sample medium and record its mean
concentration.
(6) Record this value as the initial NMHC concentration,
xNMHCinit and use it to correct measured values as described
in Sec. 1065.660.
(7) If this initial NMHC concentration exceeds the greatest of the
following, determine the source of the contamination and take
corrective action, such as purging the system or replacing contaminated
portions:
(i) 2% of the flow-weighted average concentration expected at the
standard or during testing.
(ii) 2 mmol/mol.
(8) If corrective action does not resolve the deficiency, you may
request to use the contaminated system as an alternate procedure under
Sec. 1065.10.
Sec. 1065.930 Engine starting, restarting, and shutdown.
(a) Unless the standard-setting part specifies otherwise, follow
these steps to start, restart, and shut down the test engine.
(b) Start or restart the engine according to the procedure
recommended in the owners manual.
(c) If the engine does not start after 15s of cranking, stop
cranking and determine the reason it failed to start. However, you may
crank the engine longer than 15s, as long as the owners manual or the
service-repair manual describes the longer cranking time as normal.
(d) Respond to engine stalling with the following steps:
(1) If the engine stalls during a required warm-up before emission
sampling begins, restart the engine and continue warm-up.
(2) If the engine stalls at any other time after emission sampling
begins, restart the engine and continue testing.
(e) Shut down and/or restart the engine according to the
manufacturer's specifications, as needed during normal operation in-
use, but continue emission sampling until the field test is completed.
Sec. 1065.935 Emission test sequence.
(a) Time the start of testing as follows:
(1) If the standard-setting part requires only hot-stabilized
emission measurements, operate the engine in-use until the engine
coolant's absolute temperature is within 10% of its mean
value for the previous 2 min or until the engine thermostat controls
engine temperature. For hot-stabilized emission measurements, bring the
engine to idle. Start the field test within 10 min of achieving coolant
temperature tolerance.
(2) If the standard-setting part requires hot-start emission
measurements, shut down the engine after at least 2 min at the
temperature tolerance specified in paragraph (a)(1) of this section.
Start the field test within 20 min of engine shutdown.
(3) If the standard-setting part requires cold-start emission
measurements, you may start the engine and test cycle if the highest
temperature of an engine's lubricant, coolant, and aftertreatment
systems is within the standard-setting part's ambient temperature
limits for field testing.
(b) Take the following steps before emission sampling begins:
(1) For batch sampling, connect clean storage media, such as
evacuated bags or tare-weighed PM sample media.
(2) Operate all measurement instruments according to the instrument
manufacturer's instructions.
(3) Operate heaters, dilution systems, sample pumps, cooling fans,
and the data-collection system.
(4) Preheat any heat exchangers in the measurement system.
(5) Allow heated components such as sample lines, filters, and
pumps to stabilize at operating temperature.
(6) Perform vacuum side leak checks as described in Sec. 1065.345.
(7) Using bypass, adjust the sample flow rates to desired levels.
(8) Zero any integrating devices.
(9) Zero and span all constituent analyzers using NIST-traceable
gases that meet the specifications of Sec. 1065.750.
(c) Start testing as follows:
(1) If the engine is already running and warmed up and starting is
not part of field testing, start the field test by simultaneously
sampling exhaust gases, recording data, and integrating measured
values.
(2) If engine starting is part of field testing, start field
testing by simultaneously sampling exhaust gases, recording data, and
integrating measured values. Then start the engine.
(d) Continue the test as follows:
(1) Continue to sample exhaust, record data and integrate measured
values throughout normal in-use operation of the engine. The engine may
be stopped and started, but continue to sample emissions throughout the
entire field test.
(2) Conduct periodic performance checks such as zero and span
checks on measurement instruments, as recommended by the instrument
manufacturer. Do not include data recorded during performance checks in
emission calculations.
(3) You may periodically condition and analyze batch samples in-
situ, including PM samples if you use an inertial balance.
(e) Stop testing as follows:
(1) On the last record of the field test, allow sampling system
response times to elapse and cease sampling. Stop any integrator and
indicate the end of the test cycle on the data-collection medium.
(2) Shut down the engine if it is not already shut down.
(f) Take the following steps after emission sampling is complete:
(1) Unless you weighed PM in-situ, such as by using an inertial PM
balance, place any used PM samples into covered or sealed containers
and return them to the PM-stabilization environment for subsequent
weighing on a gravimetric balance. If you weigh PM samples with a
gravimetric balance, weigh PM samples according to Sec. 1065.595.
(2) As soon as practical after the duty cycle is complete, analyze
any gaseous batch samples.
(3) Analyze background samples if dilution air was used.
[[Page 55001]]
(4) After quantifying exhaust gases, check drift of each analyzer:
(i) Record the mean analyzer value after stabilizing a zero gas to
each analyzer. Stabilization may include time to purge an analyzer of
any sample gas, plus any additional time to account for analyzer
response.
(ii) Record mean analyzer values after stabilizing the span gas to
the analyzer. Stabilization may include time to purge the analyzer of
any sample gas, plus any additional time to account for analyzer
response.
(iii) Use this data to validate and correct for drift as described
in Sec. 1065.658.
(5) Drift invalidates a test if the drift correction exceeds 4% of the flow-weighted average concentration expected at either
the standard or during a test interval, whichever is greater. Calculate
and correct for drift as described in Sec. 1065.657.
(g) For any proportional batch sample such as a bag sample or PM
sample, demonstrate that proportional sampling was maintained using one
of the following:
(1) Record the sample flow rate and the total flow rate at 1 Hz or
more frequently. Use this data with the statistical calculations in
Sec. 1065.602 to determine the standard error of the estimate, SE, of
the sample flow rate versus the total flow rate. For each test interval
(as defined in subpart K), demonstrate that SE was less than or equal
to 2.5% of the mean sample flow rate. You may omit up to 5% of the data
points as outliers to improve SE.
(2) Record the sample flow rate and the total flow rate at 1 Hz or
more frequently. For each test interval, demonstrate that each flow
rate was constant within 2.5% of its respective mean or
target flow rate.
(3) For critical-flow venturis, record venturi-inlet conditions at
1 Hz or more frequently. Demonstrate that the density at the venturi
inlet was constant within 2.5% of the mean or target
density over each test interval. For a CVS critical-flow venturi, you
may demonstrate this by showing that the absolute temperature at the
venturi inlet was constant within 4% of the mean or target
temperature over each test interval.
(4) For positive-displacement pumps, record pump-inlet conditions
at 1 Hz or more frequently. Demonstrate that the density at the pump
inlet was constant within 2.5% of the mean or target
density over each test interval. For a CVS pump, you may demonstrate
this by showing that the absolute temperature at the pump inlet was
constant within 2% of the mean or target temperature over
each test interval.
(5) Using good engineering judgment, demonstrate using an
engineering analysis that the proportional-flow control system
inherently ensures proportional sampling under all circumstances
expected during testing. For example, you use CFVs for sample flow and
total flow and their inlet pressures and temperatures are always the
same as each others, and they always operate under critical-flow
conditions.
(h) Check all non-auto-ranging analyzer results to determine if any
results indicate that an analyzer ever operated above 100% of its range
during the test. If an analyzer operated above 100% of its range,
perform the following:
(1) For a batch sample, re-analyze the batch sample using the next
higher analyzer range that results in an instrument response less than
100%. Report the result from the lowest range that results in analyzer
operation at less than 100% of its range.
(2) For continuous sampling, repeat the field test using the same
vehicle, but use the next higher analyzer range that you estimate will
not respond greater than 100% of range. If the analyzer still operates
above 100% of its range, repeat the field test again using a higher
range. Continue to repeat the field test until the analyzer operates at
less than 100% of its range for an entire field test. Report all
results.
Sec. 1065.940 Emission calculations.
(a) Follow instructions in the standard-setting part for any other
emission calculations.
(b) For each test interval, as determined by information in the
standard-setting part, perform emission calculations as described in
Sec. 1065.650 to calculate brake-specific emissions, using the field-
testing specifications for analyzer noise in Table 1 of Sec. 1065.915.
Subpart K--Definitions and Other Reference Information
Sec. 1065.1001 Definitions.
The following definitions apply to this part. The definitions apply
to all subparts unless we note otherwise. All undefined terms have the
meaning the Act gives to them. The definitions follow:
300 series stainless steel means any stainless steel alloy with a
Unified Numbering System for Metals and Alloys number designated from
S30100 to S39000. For all instances in this part where we specify 300
series stainless steel, such parts must also have a smooth inner-wall
construction. We recommend an average roughness, Ra no
greater than 4 mm.
Accuracy means the absolute difference between a reference quantity
and the arithmetic mean of ten mean measurements of that quantity.
Instrument accuracy, repeatability, and noise are determined from the
same data set. We specify a procedure for determining accuracy in Sec.
1065.305.
Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect emissions or engine performance
during emission testing or normal in-use operation. This includes, but
is not limited to, parameters related to injection timing and fueling
rate. In some cases this may exclude a parameter that is difficult to
access if it cannot be adjusted to affect emissions without
significantly degrading engine performance, or if it will not be
adjusted in a way that affects emissions during in-use operation.
Aerodynamic diameter means the diameter of a spherical water
droplet which settles at the same constant velocity as the particle
being sampled.
Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the engine exhaust before it is exhausted
to the environment. Exhaust-gas recirculation (EGR) and turbochargers
are not aftertreatment.
Allowed procedures means procedures that we either specify in this
part 1065 or in the standard-setting part or approve under Sec.
1065.10.
Aqueous condensation means the precipitation of water
(H2O)-containing constituents from a gas phase to a liquid
phase. Aqueous condensation is a function of humidity, pressure,
temperature, and concentrations of other constituent such as sulfuric
acid. These parameters vary as a function of engine intake-air
humidity, dilution air humidity, engine air-to-fuel ratio, and fuel
composition--including the amount of hydrogen and sulfur in the fuel.
Auto-ranging means a constituent analyzer function that
automatically changes the analyzer gain to a higher range as a
constituent's concentration approaches 100% of the analyzer's current
range.
Auxiliary emission-control device means any element of design that
senses temperature, motive speed, engine RPM,
[[Page 55002]]
transmission gear, or any other parameter for the purpose of
activating, modulating, delaying, or deactivating the operation of any
part of the emission-control system.
Barometric pressure means the wet, absolute, atmospheric static
pressure. Note that if you measure barometric pressure in a duct, you
must ensure that there are negligible pressure losses between the
atmosphere and your measurement location, and you must account for
changes in the duct's static pressure resulting from the flow.
Brake power has the meaning given in the standard-setting part. If
it is not defined in the standard-setting part, brake power means the
usable power output of the engine, not including power required to
fuel, lubricate, or heat the engine, circulate coolant to the engine,
or to operate aftertreatment devices. If these accessories are not
powered by the engine during a test, subtract the work required to
perform these functions from the total work used in brake-specific
emission calculations. Subtract engine fan work from total work only
for air-cooled engines.
Calibration means the set of specifications and tolerances specific
to a particular design, version, or application of a component or
assembly capable of functionally describing its operation over its
working range.
Certification means obtaining a certificate of conformity for an
engine family that complies with the emission standards and
requirements in this part.
Compression-ignition means relating to a type of reciprocating,
internal-combustion engine that is not a spark-ignition engine.
Confidence interval means the range associated with a probability
that a quantity will be considered statistically equivalent to a
reference quantity.
Constant-speed engine means an engine whose certification is
limited to constant-speed operation. Engines whose constant-speed
governor function is removed or disabled are no longer constant-speed
engines.
Constant-speed operation means engine operation with a governor
that controls the operator input to maintain an engine at a reference
speed, even under changing load. For example, an isochronous governor
changes reference speed temporarily during a load change, then returns
the engine to its original reference speed after the engine stabilizes.
Isochronous governors typically allow speed changes up to 1.0%. Another
example is a speed-droop governor, which has a fixed reference speed at
zero load and allows the reference speed to decrease as load increases.
With speed-droop governors, speed typically decreases (3 to 10)% below
the reference speed at zero load, such that the minimum reference speed
occurs near the engine's point of maximum power.
Coriolis meter means a flow-measurement instrument that determines
the mass flow of a fluid by sensing the vibration and twist of
specially designed flow tubes as the flow passes through them. The
twisting characteristic is called the Coriolis effect. According to
Newton's Second Law of Motion, the amount of sensor tube twist is
directly proportional to the mass flow rate of the fluid flowing
through the tube. See Sec. 1065.220.
Designated Compliance Officer means the Manager, Engine Programs
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Discrete-mode means relating to the discrete-mode type of steady-
state test described in the standard-setting part.
Drift means the difference between a zero or calibration signal and
the respective value reported by a measurement instrument immediately
after it was used in an emission test, provided that the instrument was
zeroed and spanned just before the test.
Duty cycle means a series of speeds and torques that an engine must
follow during a laboratory test. Duty cycles are specified in the
standard-setting part. A single duty cycle may consist of one or more
test intervals. For example, a duty cycle may be a ramped-modal cycle,
which has one test interval; a cold-start plus hot-start transient
cycle, which has two test intervals; or a discrete-mode cycle, which
has one test interval for each mode.
Electronic control module means an engine's electronic device that
uses data from engine sensors to control engine parameters.
Emission-control system means any device, system, or element of
design that controls or reduces the regulated emissions from an engine.
Emission-data engine means an engine that is tested for
certification. This includes engines tested to establish deterioration
factors.
Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emission
deterioration.
Engine means an engine to which this part applies.
Engine family means a group of engines with similar emission
characteristics throughout the useful life, as specified in the
standard-setting part.
Exhaust-gas recirculation means a technology that reduces emissions
by routing exhaust gases that had been exhausted from the combustion
chamber(s) back into the engine to be mixed with incoming air before or
during combustion. The use of valve timing to increase the amount of
residual exhaust gas in the combustion chamber(s) that is mixed with
incoming air before or during combustion is not considered exhaust-gas
recirculation for the purposes of this part.
Fall time, t90-10, means the time interval from (90 to
10) % of a measurement instrument's response after any step decrease to
the input.
Flow-weighted average means the average of a quantity after it is
weighted proportional to a corresponding flow rate. For example, if a
gas concentration is measured continuously from the raw exhaust of an
engine, its flow-weighted average concentration is the sum of the
products of each recorded concentration times its respective exhaust
flow rate, divided by the number of recorded values. As another
example, the bag concentration from a CVS system is the same as the
flow-weighted average concentration because the CVS system itself flow-
weights the bag concentration.
Fuel system means all components involved in transporting,
metering, and mixing the fuel from the fuel tank to the combustion
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel
filters, fuel lines, carburetor or fuel-injection components, and all
fuel-system vents.
Fuel type means a general category of fuels such as gasoline or
LPG. There can be multiple grades within a single type of fuel, such as
summer-grade gasoline and winter-grade gasoline.
Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information. See 40 CFR 1068.5 for the
administrative process we use to evaluate good engineering judgment.
HEPA filter means high-efficiency particulate air filters that are
rated to achieve a minimum particle-removal efficiency of 99.97% using
ASTM F 1471-93 (incorporated by reference in Sec. 1065.1010).
Identification number means a unique specification (for example, a
model number/serial number combination) that allows someone to
distinguish a particular engine from other similar engines.
Idle speed means the lowest engine speed possible with zero load
where an engine governor function controls engine speed. For engines
without a governor function that controls idle speed, idle speed means
the
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manufacturer-declared value for lowest engine speed possible with zero
load. Note that warm idle speed is the idle speed of a warmed-up
engine.
Intermediate test speed has the meaning we give in Sec. 1065.610.
Linearity means the degree to which measured values agree with
respective reference values. Linearity is quantified using a linear
regression of pairs of measured values and reference values over the
range from the minimum to the maximum values expected or observed
during testing. Perfect linearity would result in an intercept value of
zero and a slope of one. (Note: The term ``linearity'' is not used in
this part to refer to the shape of a measurement instrument's
unprocessed response curve, such as a curve relating emission
concentration to voltage output. A properly performing instrument with
a nonlinear response curve will meet linearity specifications.)
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures an engine or
vehicle for sale in the United States or otherwise introduces a new
nonroad engine into commerce in the United States. This includes
importers who import engines or vehicles for resale.
Maximum engine speed has the meaning we give in Sec. 1065.610.
Maximum test torque has the meaning we give in Sec. 1065.610.
NIST-traceable means relating to a standard value that can be
related to NIST-stated references through an unbroken chain of
comparisons, all having stated uncertainties.
Noise means the precision of 25 consecutive samples from a
measurement instrument as it quantifies a zero or reference value.
Instrument noise, repeatability, and accuracy are determined from the
same data set. We specify a procedure for determining noise in Sec.
1065.305.
Nonmethane hydrocarbons means the sum of all hydrocarbon species
except methane. Refer to Sec. 1065.660 for NMHC determination.
Nonroad means relating to nonroad engines.
Nonroad engine has the meaning we give in 40 CFR 1068.30. In
general this means all internal-combustion engines except motor vehicle
engines, stationary engines, engines used solely for competition, or
engines used in aircraft.
Operator demand means an engine operator's input to control engine
output. The operator may be a person, a governor, or other controller
that mechanically or electronically signals an input that demands
engine output. Input may be an accelerator pedal or signal, a throttle-
control lever or signal, a fuel lever or signal, a speed lever or
signal, or a governor setpoint or signal. Output means engine power, P,
which is the product of engine speed, fn, and engine torque,
T.
Oxides of nitrogen means compounds containing only nitrogen and
oxygen as measured by the procedures specified in this part. Oxides of
nitrogen are expressed quantitatively as if the NO is in the form of
NO2, such that you use a molar mass for all oxides of
nitrogen equivalent to that of NO2. We specify a procedure
for determining NOX in Sec. 1065.650.
Oxygenated fuels means fuels composed of oxygen-containing
compounds, such as ethanol or methanol. Generally, testing engines that
use oxygenated fuels requires the use of the sampling methods in
subpart I of this part. However, you should read the standard-setting
part and subpart I of this part to determine which sampling methods to
use.
Partial pressure means the pressure, p attributable to a
constituent in a gas mixture. For an ideal gas the partial pressure
divided by the total pressure is equal to the constituent's molar
concentration, x.
Precision means the two times the standard deviation of a set of
measured values of a single zero or reference quantity.
Procedures means all aspects of engine testing, including the
equipment specifications, calibrations, calculations and other
protocols and specifications needed to measure emissions, unless we
specify otherwise.
PTFE means polytetrafluoroethylene, which is commonly known as
TeflonTM.
Ramped-modal means relating to the ramped-modal type of steady-
state test described in the standard-setting part.
Regression statistics means any of the set of statistics specified
in Sec. 1065.602(i) through (l).
Repeatability means the precision of ten mean measurements of a
reference quantity. Instrument repeatability, accuracy, and noise must
be determined from the same data set. We specify a procedure for
determining repeatability in Sec. 1065.305.
Revoke has the meaning we give in 40 CFR 1068.30.
Rise time, t10-90 means the time interval from (10 to
90)% of a measurement instrument's response after any step increase to
the input.
Roughness (or average roughness, Ra) means the size of finely
distributed vertical surface deviations from a smooth surface, as
determined when traversing a surface. It is an integral of the absolute
value of the roughness profile measured over an evaluation length.
Round means to round numbers according to ASTM E29-02 (incorporated
by reference in Sec. 1065.1010), unless otherwise specified.
Scheduled maintenance means adjusting, repairing, removing,
disassembling, cleaning, or replacing components or systems
periodically to keep a part or system from failing, malfunctioning, or
wearing prematurely. It also may mean actions you expect are necessary
to correct an overt indication of failure or malfunction for which
periodic maintenance is not appropriate.
Span means to adjust an instrument so that it gives a proper
response to a calibration standard that represents between 75% and 100%
of the maximum value in the instrument range or expected rang of use.
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark-ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Specified procedures means procedures we specify in this part 1065
or the standard-setting part.
Standard-setting part means the part in the Code of Federal
Regulations that defines emission standards for a particular engine.
See Sec. 1065.1(a).
Steady-state means relating to emission tests in which engine speed
and load are held at a finite set of essentially constant values.
Steady-state tests are either discrete-mode tests or ramped-modal
tests.
Stoichiometric means the ratio of air and fuel such that if the
fuel were fully oxidized, there would be no remaining fuel or oxygen.
For example, stoichiometric combustion in a gasoline-fueled engine
typically occurs at an air-to-fuel mass ratio of about 14.7.
Test engine means an engine in a test sample.
Test interval means a duration of time over which you determine
brake-specific emissions. For example, a standard-setting part may
specify a complete laboratory duty cycle as a cold-start test interval,
plus a hot-start test interval. As another example, a standard-setting
part may specify a field test interval (e.g., an NTE event), as a
duration of time over which an engine operates within a certain range
of speed and torque. In cases where multiple test intervals occur, the
standard-setting parts specify additional calculations
[[Page 55004]]
that weight and combine results to arrive at composite values for
comparison against the applicable standards.
Test sample means the collection of engines selected from the
population of an engine family for emission testing.
Tolerance means the interval in which 95% of a set of recorded
values of a certain quantity must lie. Use the specified recording
frequencies and time intervals to determine if a quantity is within the
applicable tolerance.
Total hydrocarbon means the combined mass of organic compounds
measured by the specified procedure for measuring total hydrocarbon,
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of
1.85:1.
Total hydrocarbon equivalent means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled
engines. The hydrogen-to-carbon ratio of the equivalent hydrocarbon is
1.85:1.
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
Useful life means the period during which a new nonroad engine is
required to comply with all applicable emission standards. The
standard-setting part defines the specific useful-life periods for
individual engines.
Variable-speed engine means an engine that is not a constant-speed
engine.
Vehicle means any vehicle, vessel, or type of equipment using
engines to which this part applies. For purposes of this part, vehicle
may include immobile machines.
We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
Zero means to adjust an instrument so it gives a zero response to a
zero calibration standard, such as purified nitrogen or purified air
for measuring concentrations of emission constituents.
Sec. 1065.1005 Symbols, abbreviations, acronyms, and units of
measure.
The procedures in this part generally follow the International
System of Units (SI), as detailed in NIST Special Publication 811, 1995
Edition, ``Guide for the Use of the International System, of Units
(SI),'' which we incorporate by reference in Sec. 1065.1010. See Sec.
1065.25 for specific provisions related to these conventions. This
section summarizes the way we use symbols, units of measure, and other
abbreviations.
(a) Symbols for quantities. This part uses the following symbols
and units of measure for various quantities:
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Sec. 1065.1010 Reference materials.
Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building, Washington, DC 20460 or at the National
Archives and Records Administration (NARA). For information on the
availability of 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) ASTM material. Table 1 of this section lists material from the
American Society for Testing and Materials that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the American
Society for Testing and Materials, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428. Table 1 follows:
Table 1 of Sec. 1065.1010.--ASTM Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
ASTM D 86-03, Standard Test Method for 1065.73, 1065.710
Distillation of Petroleum Products at Atmospheric
Pressure.........................................
ASTM D 93-02a, Standard Test Methods for Flash 1065.703
Point by Pensky-Martens Closed Cup Tester........
ASTM D 287-92, (Reapproved 2000), Standard Test 1065.703
Method for API Gravity of Crude Petroleum and
Petroleum Products (Hydrometer Method)...........
ASTM D 323-99a, Standard Test Method for Vapor 1065.710
Pressure of Petroleum Products (Reid Method).....
ASTM D 445-03, Standard Test Method for Kinematic 1065.703
Viscosity of Transparent and Opaque Liquids (and
the Calculation of Dynamic Viscosity)............
ASTM D 613-03b, Standard Test Method for Cetane 1065.703
Number of Diesel Fuel Oil........................
ASTM D 1266-98, Standard Test Method for Sulfur in 1065.710
Petroleum Products (Lamp Method).................
ASTM D 1319-02a, Standard Test Method for 1065.710
Hydrocarbon Types in Liquid Petroleum Products by
Fluorescent Indicator Adsorption.................
ASTM D 1267-02, Standard Test Method for Gage 1065.720
Vapor Pressure of Liquefied Petroleum (LP) Gases
(LP-Gas Method)..................................
ASTM D 1837-02a, Standard Test Method for 1065.720
Volatility of Liquefied Petroleum (LP) Gases.....
ASTM D 1838-03, (Reapproved 2001), Standard Test 1065.720
Method for Copper Strip Corrosion by Liquefied
Petroleum (LP) Gases.............................
ASTM D 1945-03, (Reapproved 2001), Standard Test 1065.715
Method for Analysis of Natural Gas by Gas
Chromatography...................................
ASTM D 2158-02, Standard Test Method for Residues 1065.720
in Liquefied Petroleum (LP) Gases................
ASTM D 2163-91, (Reapproved 1996), Standard Test 1065.720
Method for Analysis of Liquefied Petroleum (LP)
Gases and Propene Concentrates by Gas
Chromatography...................................
ASTM D 2598-02, Standard Practice for Calculation 1065.720
of Certain Physical Properties of Liquefied
Petroleum (LP) Gases from Compositional Analysis.
ASTM D 2622-03, Standard Test Method for Sulfur in 1065.703
Petroleum Products by Wavelength Dispersive X-ray
Fluorescence Spectrometry........................
ASTM D 2713-91, (Reapproved 2001), Standard Test 1065.720
Method for Dryness of Propane (Valve Freeze
Method)..........................................
ASTM D 2784-98, Standard Test Method for Sulfur in 1065.720
Liquefied Petroleum Gases (Oxy-Hydrogen Burner or
Lamp)............................................
ASTM D 2986-95a, (Reapproved 1999), Standard 1065.170
Practice for Evaluation of Air Assay Media by the
Monodisperse DOP (Dioctyl Phthalate) Smoke Test..
ASTM D 3231-02, Standard Test Method for 1065.710
Phosphorus in Gasoline...........................
ASTM D 3237-02, Standard Test Method for Lead in 1065.710
Gasoline By Atomic Absorption Spectroscopy.......
ASTM D 5186-03, Standard Test Method for 1065.703
Determination of the Aromatic Content and
Polynuclear Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels By Supercritical Fluid
Chromatography...................................
ASTM E 617-97, (Reapproved 2003), Standard 1065.790
Specification for Laboratory Weights and
Precision Mass Standards.........................
ASTM F 1471-93, (Reapproved 2001), Standard Test 1065.140
Method for Air Cleaning Performance of a High-
Efficiency Particulate Air Filter System.........
------------------------------------------------------------------------
(b) ISO material. Table 2 of this section lists material from the
International Organization for Standardization that we have
incorporated by reference. The first column lists the number and name
of
[[Page 55011]]
the material. The second column lists the section of this part where we
reference it. Anyone may purchase copies of these materials from the
International Organization for Standardization, Case Postale 56, CH-
1211 Geneva 20, Switzerland. Table 2 follows:
Table 2 of Sec. 1065.1010.--ISO Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
ISO 8178-1, Reciprocating internal combustion 1065.130, 1065.135,
engines--Exhaust emission measurement--Part 1: 1065.140, 1065.155
Test-bed measurement of gaseous and particulate
exhaust emissions, 2004..........................
ISO 14644-1, Cleanrooms and associated controlled 1065.190
environments.....................................
------------------------------------------------------------------------
(c) NIST material. Table 3 of this section lists material from the
National Institute of Standards and Technology that we have
incorporated by reference. The first column lists the number and name
of the material. The second column lists the section of this part where
we reference it. Anyone may request these materials from the National
Institute of Standards and Technology, NIST, 100 Bureau Drive, Stop
3460, Gaithersburg, MD 20899-3460. Table 3 follows:
Table 3 of Sec. 1065.1010.--NIST Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
Special Publication 811, 1995 Edition, Guide for 1065.20, 1065.650,
the Use of the International System of Units 1065.1005
(SI), Barry N. Taylor, Physics Laboratory........
------------------------------------------------------------------------
(d) SAE material. Table 4 of this section lists material from the
Society of Automotive Engineering that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096.
Table 4 follows:
Table 4 of Sec. 1065.1010.--SAE Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
``Optimization of Flame Ionization Detector for 1065.360
Determination of Hydrocarbon in Diluted
Automotive Exhausts,'' Reschke Glen D., SAE
770141...........................................
``Relationships Between Instantaneous and Measured 1065.201
Emissions in Heavy Duty Applications,'' Ganesan
B. and Clark N. N., West Virginia University, SAE
2001-01-3536.....................................
------------------------------------------------------------------------
PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS
260. The authority citation for part 1068 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
261. Section 1068.10 is revised to read as follows:
Sec. 1068.10 What provisions apply to confidential information?
(a) Clearly show what you consider confidential by marking,
circling, bracketing, stamping, or some other method.
(b) We will store your confidential information as described in 40
CFR part 2. Also, we will disclose it only as specified in 40 CFR part
2. This applies both to any information you send us and to any
information we collect from inspections, audits, or other site visits.
(c) If you send us a second copy without the confidential
information, we will assume it contains nothing confidential whenever
we need to release information from it.
(d) If you send us information without claiming it is confidential,
we may make it available to the public without further notice to you,
as described in 40 CFR 2.204.
262. Section 1068.30 is amended by revising the definition for
``United States'' and adding definitions for ``Days'', ``Defeat
device'', ``Exempted'', ``Good engineering judgment'', ``Motor
vehicle'', ``Revoke'', ``Suspend'', and ``Void'' in alphabetical order
to read as follows:
Sec. 1068.30 What definitions apply to this part?
* * * * *
Days means calendar days, including weekends and holidays.
Defeat device means has the meaning we give in the standard-setting
part.
* * * * *
Exempted means relating to an engine that is not required to meet
otherwise applicable standards. Exempted engines must conform to
regulatory conditions specified for an exemption in this part 1068 or
in the standard-setting part. Exempted engines are deemed to be
``subject to'' the standards of the standard-setting part, even though
they are not required to comply with the otherwise applicable
requirements. Engines exempted with respect to a certain tier of
standards may be required to comply with an earlier tier of standards
as a condition of the exemption; for example, engines exempted with
respect to Tier 2 standards may be required to comply with Tier 1
standards.
Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information. See 40 CFR 1068.5 for the
administrative process we use to evaluate good engineering judgment.
* * * * *
[[Page 55012]]
Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In
general, motor vehicle means any vehicle that EPA deems to be capable
of safe and practical use on streets or highways that has a maximum
ground speed above 40 kilometers per hour (25 miles per hour) over
level, paved surfaces.
* * * * *
Revoke means to terminate the certificate or an exemption for an
engine family. If we revoke a certificate or exemption, you must apply
for a new certificate or exemption before continuing to introduce the
affected engines into commerce. This does not apply to engines you no
longer possess.
* * * * *
Suspend means to temporarily discontinue the certificate or an
exemption for an engine family. If we suspend a certificate, you may
not introduce into commerce engines from that engine family unless we
reinstate the certificate or approve a new one. If we suspend an
exemption, you may not introduce into commerce engines that were
previously covered by the exemption unless we reinstate the exemption.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
Void means to invalidate a certificate or an exemption ab initio.
If we void a certificate, all the engines introduced into commerce
under that engine family for that model year are considered
noncompliant, and you are liable for each engine introduced into
commerce under the certificate and may face civil or criminal penalties
or both. This applies equally to all engines in the engine family,
including engines introduced into commerce before we voided the
certificate. If we void an exemption, all the engines introduced into
commerce under that exemption are considered uncertified (or
nonconforming), and you are liable for each engine introduced into
commerce under the exemption and may face civil or criminal penalties
or both. You may not introduce into commerce any additional engines
using the voided exemption.
* * * * *
263. Section 1068.101 is amended by revising the introductory text
and paragraphs (a) and (b) to read as follows:
Sec. 1068.101 What general actions does this regulation prohibit?
This section specifies actions that are prohibited and the maximum
civil penalties that we can assess for each violation. The maximum
penalty values listed in paragraphs (a) and (b) of this section are
shown for calendar year 2004. As described in paragraph (e) of this
section, maximum penalty limits for later years are set forth in 40 CFR
part 19.
(a) The following prohibitions and requirements apply to
manufacturers of new engines and manufacturers of equipment containing
these engines, except as described in subparts C and D of this part:
(1) Introduction into commerce. You may not sell, offer for sale,
or introduce or deliver into commerce in the United States or import
into the United States any new engine or equipment after emission
standards take effect for that engine or equipment, unless it has a
valid certificate of conformity for its model year and the required
label or tag. You also may not take any of the actions listed in the
previous sentence with respect to any equipment containing an engine
subject to this part's provisions, unless the engine has a valid and
appropriate certificate of conformity and the required engine label or
tag. For purposes of this paragraph (a)(1), an appropriate certificate
of conformity is one that applies for the same model year as the model
year of the equipment (except as allowed by Sec. 1068.105(a)), covers
the appropriate category of engines (such as locomotive or CI marine),
and conforms to all requirements specified for equipment in the
standard-setting part. The requirements of this paragraph (a)(1) also
cover new engines you produce to replace an older engine in a piece of
equipment, unless the engine qualifies for the replacement-engine
exemption in Sec. 1068.240. We may assess a civil penalty up to
$32,500 for each engine in violation.
(2) Reporting and recordkeeping. This chapter requires you to
record certain types of information to show that you meet our
standards. You must comply with these requirements to make and maintain
required records (including those described in Sec. 1068.501). You may
not deny us access to your records or the ability to copy your records
if we have the authority to see or copy them. Also, you must give us
the required reports or information without delay. Failure to comply
with the requirements of this paragraph is prohibited. We may assess a
civil penalty up to $32,500 for each day you are in violation.
(3) Testing and access to facilities. You may not keep us from
entering your facility to test engines or inspect if we are authorized
to do so. Also, you must perform the tests we require (or have the
tests done for you). Failure to perform this testing is prohibited. We
may assess a civil penalty up to $32,500 for each day you are in
violation.
(b) The following prohibitions apply to everyone with respect to
the engines to which this part applies:
(1) Tampering. You may not remove or disable a device or element of
design that may affect an engine's emission levels. This restriction
applies before and after the engine is placed in service. Section
1068.120 describes how this applies to rebuilding engines. For a
manufacturer or dealer, we may assess a civil penalty up to $32,500 for
each engine in violation. For anyone else, we may assess a civil
penalty up to $2,750 for each engine in violation. This prohibition
does not apply in any of the following situations:
(i) You need to repair an engine and you restore it to proper
functioning when the repair is complete.
(ii) You need to modify an engine to respond to a temporary
emergency and you restore it to proper functioning as soon as possible.
(iii) You modify a new engine that another manufacturer has already
certified to meet emission standards and recertify it under your own
engine family. In this case you must tell the original manufacturer not
to include the modified engines in the original engine family.
(2) Defeat devices. You may not knowingly manufacture, sell, offer
to sell, or install, an engine part that bypasses, impairs, defeats, or
disables the engine's control of the emissions of any pollutant. We may
assess a civil penalty up to $2,750 for each part in violation.
(3) Stationary engines. For an engine that is excluded from any
requirements of this chapter because it is a stationary engine, you may
not move it or install it in any mobile equipment, except as allowed by
the provisions of this chapter. You may not circumvent or attempt to
circumvent the residence-time requirements of paragraph (2)(iii) of the
nonroad engine definition in Sec. 1068.30. We may assess a civil
penalty up to $32,500 for each day you are in violation.
(4) Competition engines. For an uncertified engine or piece of
equipment that is excluded or exempted from any requirements of this
chapter because it is to be used solely for competition, you may not
use it in a manner that is inconsistent with use
[[Page 55013]]
solely for competition. We may assess a civil penalty up to $32,500 for
each day you are in violation.
(5) Importation. You may not import an uncertified engine or piece
of equipment if it is defined to be new in the standard-setting part
and it is built after emission standards start to apply in the United
States. We may assess a civil penalty up to $32,500 for each day you
are in violation. Note the following:
(i) The definition of new is broad for imported engines;
uncertified engines and equipment (including used engines and
equipment) are generally considered to be new when imported.
(ii) Engines that were originally manufactured before applicable
EPA standards were in effect are generally not subject to emission
standards.
(6) Warranty. You must meet your obligation to honor your emission-
related warranty under Sec. 1068.115 and to fulfill any applicable
responsibilities to recall engines under Sec. 1068.505. Failure to
meet these obligations is prohibited. We may assess a civil penalty up
to $32,500 for each engine in violation.
* * * * *
264. Section 1068.105 is amended by revising paragraph (a) to read
as follows:
Sec. 1068.105 What other provisions apply to me specifically if I
manufacture equipment needing certified engines?
* * * * *
(a) Transitioning to new engine-based standards. If new emission
standards apply in a given model year, your equipment in that model
year must have engines that are certified to the new standards, except
that you may use up your normal inventory of earlier engines that were
built before the date of the new or changed standards. For example, if
your normal inventory practice is to keep on hand a one-month supply of
engines based on your upcoming production schedules, and a new tier of
standard starts to apply for the 2015 model year, you may order engines
based on your normal inventory requirements late in the engine
manufacturer's 2014 model year and install those engines in your
equipment, regardless of the date of installation. Also, if your model
year starts before the end of the calendar year preceding new
standards, you may use engines from the previous model year for those
units you produce before January 1 of the year that new standards
apply. If emission standards do not change in a given model year, you
may continue to install engines from the previous model year without
restriction. You may not circumvent the provisions of Sec.
1068.101(a)(1) by stockpiling engines that were built before new or
changed standards take effect. Note that this allowance does not apply
for equipment subject to equipment-based standards.
* * * * *
265. Section 1068.110 is amended by revising paragraph (e) to read
as follows:
Sec. 1068.110 What other provisions apply to engines in service?
* * * * *
(e) Warranty and maintenance. Owners are responsible for properly
maintaining their engines; however, owners may make warranty claims
against the manufacturer for all expenses related to diagnosing and
repairing or replacing emission-related parts, as described in Sec.
1068.115. The warranty period begins when the engine is first placed
into service. See the standard-setting part for specific requirements.
It is a violation of the Act for anyone to disable emission controls;
see Sec. 1068.101(b)(1) and the standard-setting part.
266. Section 1068.115 is amended by revising paragraph (a) to read
as follows:
Sec. 1068.115 When must manufacturers honor emission-related warranty
claims?
* * * * *
(a) As a certifying manufacturer, you may deny warranty claims only
for failures that have been caused by the owner's or operator's
improper maintenance or use, by accidents for which you have no
responsibility, or by acts of God. For example, you would not need to
honor warranty claims for failures that have been directly caused by
the operator's abuse of an engine or the operator's use of the engine
in a manner for which it was not designed, and are not attributable to
you in any way.
* * * * *
267. Section 1068.125 is amended by revising paragraph (b)
introductory text to read as follows:
Sec. 1068.125 What happens if I violate the regulations?
* * * * *
(b) Administrative penalties. Instead of bringing a civil action,
we may assess administrative penalties if the total is less than
$270,000 against you individually. This maximum penalty may be greater
if the Administrator and the Attorney General jointly determine that is
appropriate for administrative penalty assessment, or if the limit is
adjusted under 40 CFR part 19. No court may review such a
determination. Before we assess an administrative penalty, you may ask
for a hearing (subject to 40 CFR part 22). The Administrator may
compromise or remit, with or without conditions, any administrative
penalty that may be imposed under this section.
* * * * *
268. Section 1068.201 is amended by revising paragraph (i) to read
as follows:
Sec. 1068.201 Does EPA exempt or exclude any engines from the
prohibited acts?
* * * * *
(i) If you want to take an action with respect to an exempted or
excluded engine that is prohibited by the exemption or exclusion, such
as selling it, you need to certify the engine. We will issue a
certificate of conformity if you send us an application for
certification showing that you meet all the applicable requirements
from the standard-setting part and pay the appropriate fee. Also, in
some cases, we may allow manufacturers to modify the engine as needed
to make it identical to engines already covered by a certificate. We
would base such an approval on our review of any appropriate
documentation. These engines must have emission control information
labels that accurately describe their status.
269. Section 1068.240 is amended by revising paragraph (d) to read
as follows:
Sec. 1068.240 What are the provisions for exempting new replacement
engines?
* * * * *
(d) If the engine being replaced was certified to emission
standards less stringent than those in effect when you produce the
replacement engine, add a permanent label with your corporate name and
trademark and the following language:
THIS ENGINE COMPLIES WITH U.S. EPA NONROAD EMISSION REQUIREMENTS
FOR [APPLICABLE MODEL YEAR] ENGINES UNDER 40 CFR 1068.240. SELLING
OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A
NONROAD ENGINE BUILT BEFORE JANUARY 1, [Insert appropriate year
reflecting when the next tier of emission standards began to apply]
MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
270. Section 1068.245 is amended by revising paragraphs (a)(4) and
(f)(4) to read as follows:
Sec. 1068.245 What temporary provisions address hardship due to
unusual circumstances?
(a) * * *
(4) No other allowances are available under the regulations in this
chapter to avoid the impending violation, including the provisions of
Sec. 1068.250.
* * * * *
[[Page 55014]]
(f) * * *
(4) One of the following statements:
(i) If the engine does not meet any emission standards: ``THIS
ENGINE IS EXEMPT UNDER 40 CFR 1068.245 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''.
(ii) If the engine meets alternate emission standards as a
condition of an exemption under this section: ``THIS ENGINE COMPLIES
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.245.''.
271. Section 1068.250 is amended by revising paragraph (k)(4) to
read as follows:
Sec. 1068.250 What are the provisions for extending compliance
deadlines for small-volume manufacturers under hardship?
* * * * *
(f) * * *
(4) One of the following statements:
(i) If the engine does not meet any emission standards: ``THIS
ENGINE IS EXEMPT UNDER 40 CFR 1068.250 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''.
(ii) If the engine meets alternate emission standards as a
condition of an exemption under this section: ``THIS ENGINE COMPLIES
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.250.''.
272. Section 1068.255 is amended by revising paragraphs (a)
introductory text and (b)(4) to read as follows:
Sec. 1068.255 What are the provisions for exempting engines for
hardship for equipment manufacturers and secondary engine
manufacturers?
* * * * *
(a) Equipment exemption. As an equipment manufacturer, you may ask
for approval to produce exempted equipment for up to 12 months. We will
generally limit this to the first year that new or revised emission
standards apply. Send the Designated Officer a written request for an
exemption before you are in violation. In your request, you must show
you are not at fault for the impending violation and that you would
face serious economic hardship if we do not grant the exemption. This
exemption is not available under this paragraph (a) if you manufacture
the engine you need for your own equipment or if complying engines are
available from other engine manufacturers that could be used in your
equipment, unless we allow it elsewhere in this chapter. We may impose
other conditions, including provisions to use an engine meeting less
stringent emission standards or to recover the lost environmental
benefit. In determining whether to grant the exemptions, we will
consider all relevant factors, including the following:
* * * * *
(b) * * *
(4) One of the following statements:
(i) If the engine does not meet any emission standards: ``THIS
ENGINE IS EXEMPT UNDER 40 CFR 1068.255 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''.
(ii) If the engine meets alternate emission standards as a
condition of an exemption under this section: ``THIS ENGINE COMPLIES
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.255.''.
* * * * *
273. Section 1068.260 is amended by revising paragraphs (a)(4),
(a)(6)(i), and (f) and adding paragraph (g) to read as follows:
Sec. 1068.260 What are the provisions for temporarily exempting
engines for delegated final assembly?
(a) * * *
(4) Include the cost of all aftertreatment components (including
shipping costs) in the cost of the engine.
* * * * *
(6) * * *
(i) Obtain annual affidavits from every equipment manufacturer to
whom you sell engines under this section. Include engines that you sell
through distributors or dealers. The affidavits must list the part
numbers of the aftertreatment devices that equipment manufacturers
install on each engine they purchase from you under this section.
* * * * *
(f) You are liable for the in-use compliance of any engine that is
exempt under this section.
(g) It is a violation of the Act for any person to complete
assembly of the exempted engine without complying fully with the
installation instructions.
274. A new Sec. 1068.265 is added to subpart C to read as follows:
Sec. 1068.265 What provisions apply to engines that are conditionally
exempted from certification?
Engines produced under an exemption for replacement engines (Sec.
1068.240) or for hardship (Sec. 1068.245, Sec. 1068.250, or Sec.
1068.255) may need to meet alternate emission standards as a condition
of the exemption. The standard-setting part may similarly exempt
engines from all certification requirements, or allow us to exempt
engines from all certification requirements for certain cases, but
require the engines to meet alternate standards. In these cases, all
the following provisions apply:
(a) Your engines must meet the alternate standards we specify in
(or pursuant to) the exemption section, and all other requirements
applicable to engines that are subject to such standards.
(b) You need not apply for and receive a certificate for the exempt
engines. However, you must comply with all the requirements and
obligations that would apply to the engines if you had received a
certificate of conformity for them, unless we specifically waive
certain requirements.
(c) You must have emission data from test engines using the
appropriate procedures that demonstrate compliance with the alternate
standards, unless the engines are identical in all material respects to
engines that you have previously certified to standards that are the
same as, or more stringent than, the alternate standards.
(d) Unless we specify otherwise elsewhere in this part or in the
standard-setting part, you must meet the labeling requirements in the
standard-setting part, with the following exceptions:
(1) Instead of an engine family designation, use a modified
designation to identify the group of engines that would otherwise be
included in the same engine family.
(2) Instead of the compliance statement required in the standard-
setting part, add the following statement: ``THIS ENGINE MEETS U.S. EPA
EMISSION STANDARDS UNDER 40 CFR 1068.265.''.
(e) You may not generate emission credits for averaging, banking,
or trading with engines meeting requirements under the provisions of
this section.
(f) Keep records to show that you meet the alternate standards, as
follows:
(1) If your exempted engines are identical to previously certified
engines, keep your most recent application for certification for the
certified engine family.
(2) If you previously certified a similar engine family, but have
modified the exempted engine in a way that changes it from its
previously certified configuration, keep your most recent application
for certification for the certified engine family, a description of the
relevant changes, and any test data or engineering evaluations that
support your conclusions.
(3) If you have not previously certified a similar engine family,
keep all the records we specify for the application for certification
and any additional
[[Page 55015]]
records the standard-setting part requires you to keep.
(g) We may require you to send us an annual report of the engines
you produce under this section.
275. Section 1068.315 is amended by revising paragraphs (f)(2)(i)
and (f)(2)(iii) to read as follows:
Sec. 1068.315 What are the permanent exemptions for imported engines?
* * * * *
(f) * * *
(2) * * *
(i) You have owned the engine for at least six months.
* * * * *
(iii) You use data or evidence sufficient to show that the engine
is in a configuration that is identical to an engine the original
manufacturer has certified to meet emission standards that apply at the
time the manufacturer finished assembling or modifying the engine in
question. If you modify the engine to make it identical, you must
completely follow the original manufacturer's written instructions.
* * * * *
276. Section 1068.410 is amended by adding paragraph (j) to read as
follows:
Sec. 1068.410 How must I select and prepare my engines?
* * * * *
(j) Retesting after reaching a fail decision. You may retest your
engines once a fail decision for the audit has been reached based on
the first test on each engine under Sec. 1068.420(c). You may test
each engine up to a total of three times, but you must perform the same
number of tests on each engine. You may further operate the engine to
stabilize emission levels before testing, subject to the provisions of
paragraph (f) of this section. We may approve retesting at other times
if you send us a request with satisfactory justification.
277. Section 1068.510 is amended by revising paragraph (a)(10) and
adding paragraph (i) to read as follows:
Sec. 1068.510 How do I prepare and apply my remedial plan?
(a)* * *
(10) If your employees or authorized warranty agents will not be
doing the work, state who will and describe their qualifications.
* * * * *
(i) For purposes of recall, owner means someone who owns an engine
affected by a remedial plan or someone who owns a piece of equipment
that has one of these engines.
Sec. 1068.540 [Removed]
278. Remove Sec. 1068.540.
[FR Doc. 04-19223 Filed 9-9-04; 8:45 am]
BILLING CODE 6560-50-P