[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR89.118]
[Page 59-61]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 89--CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION
ENGINES--Table of Contents
Subpart B--Emission Standards and Certification Provisions
Sec. 89.118 Deterioration factors and service accumulation.
This section applies to service accumulation used to determine
deterioration factors and service accumulation used to condition test
engines. Paragraphs (a) and (b) of this section apply only for service
accumulation used to condition test engines. Paragraph (e) of this
section applies only for service accumulation used to determine
deterioration factors. Paragraphs (c) and (d) of this section apply for
all service accumulation required by this part.
[[Page 60]]
(a)(1) Each test engine in the test fleet must be operated with all
emission control systems operating properly for a period sufficient to
stabilize emissions.
(2) A manufacturer may elect to consider as stabilized emission
levels from engines with no more than 125 hours of service.
(b) No maintenance, other than recommended lubrication and filter
changes, may be performed during service accumulation without the
Administrator's approval.
(c) Service accumulation should be performed in a manner using good
engineering judgment to ensure that emissions are representative of in-
use engines.
(d) The manufacturer must maintain, and provide to the Administrator
if requested, records stating the rationale for selecting the service
accumulation period and records describing the method used to accumulate
service hours on the test engine(s).
(e) This paragraph (e) describes service accumulation and
alternative requirements for the purpose of developing deterioration
factor.
(1) Service accumulation on engines, subsystems, or components
selected by the manufacturer under Sec. 89.117(d). The manufacturer
shall describe the form and extent of this service accumulation in the
application for certification.
(2) Determination of exhaust emission deterioration factors. The
manufacturer shall determine the deterioration factors in accordance
with the applicable provisions of this part based on service
accumulation and related testing, according to the manufacturer's
procedures, except as provided in paragraph (e)(3) of this section.
(3) Alternatives to service accumulation and testing for the
determination of a deterioration factor. A written explanation of the
appropriateness of using an alternative must be included in the
application for certification.
(i) Carryover and carryacross of durability emission data. In lieu
of testing an emission data or durability data engine selected under
Sec. 89.117(d), a manufacturer may, with Administrator approval, use
exhaust emission deterioration data on a similar engine for which
certification to the same standard has previously been obtained or for
which all applicable data required under Sec. 89.124 has previously been
submitted. This data must be submitted in the application for
certification.
(ii) Use of on-highway deterioration data. In the case where a
manufacturer produces a certified on-highway engine that is similar to
the nonroad engine to be certified, deterioration data from the on-
highway engine may be applied to the nonroad engine. This application of
deterioration data from an on-highway engine to a nonroad engine is
subject to Administrator approval, and the determination of whether the
engines are similar must be based on good engineering judgment.
(iii) Engineering analysis for established technologies. (A) In the
case where an engine family uses established technology, an analysis
based on good engineering practices may be used in lieu of testing to
determine a deterioration factor for that engine family, subject to
Administrator approval.
(B) Engines for which the certification levels are not at or below
the Tier 3 NMHC+NOX standards described in Sec. 89.112 are
considered established technology, except as provided in paragraph
(e)(3)(iii)(D) of this section.
(C) Manufacturers may petition the Administrator to consider an
engine with a certification level below the Tier 3 +NOX
standards as established technology. This petition must be based on
proof that the technology used is not significantly different than that
used on engines that have certification levels that are not below the
Tier 3 NMHC+NOX levels.
(D) Engines using exhaust gas recirculation or aftertreatment are
excluded from the provision set forth in paragraphs (e)(3)(iii)(A)
through (e)(3)(iii)(C) of this section.
(E) The manufacturer shall provide a written statement to the
Administrator that all data, analyses, test procedures, evaluations, and
other documents, on which the deterioration factor is based, are
available to the Administrator upon request.
(iv) Interim provision for engines rated under 37 kW. For model year
1999 and 2000 engines rated under 37 kW, manufacturers may determine
deterioration factors based on good engineering
[[Page 61]]
judgement and reasonably available information. The manufacturer must
maintain and provide to the Administrator, if requested, all information
used to determine deterioration factors for these engines.
[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR 56995,
57003, Oct. 23, 1998]