[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: 40CFR90.1]

[Page 167]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR 
BELOW 19 KILOWATTS--Table of Contents
 
                           Subpart A--General
 
Sec. 90.1  Applicability.


    (a) This part applies to new nonroad spark-ignition engines and 
vehicles with gross power output at or below 19 kilowatts (kW) used for 
any purpose, unless we exclude them under paragraph (d) of this section.
    (b) This part also applies to engines with a gross power output 
above 19 kW if the manufacturer uses the provisions of 40 CFR 1048.615 
or 1051.145(a)(3) to exempt them from the requirements of 40 CFR part 
1048 or 1051, respectively. Compliance with the provisions of this part 
is a required condition of those exemptions.
    (c) [Reserved]
    (d) The following nonroad engines and vehicles are not subject to 
the provisions of this part:
    (1) Engines certified to meet the requirements of 40 CFR part 1051 
(e.g., engines used in snowmobiles). This part nevertheless applies to 
engines used in recreational vehicles if the manufacturer uses the 
provisions of 40 CFR 1051.145(a)(3) to exempt them from the requirements 
of 40 CFR part 1051. Compliance with the provisions of this part is a 
required condition of that exemption.
    (2) Engines used in highway motorcycles. See 40 CFR part 86, subpart 
E.
    (3) Propulsion marine engines. See 40 CFR part 91. This part applies 
with respect to auxiliary marine engines.
    (4) Engines used in aircraft. See 40 CFR part 87.
    (5) Engines certified to meet the requirements of 40 CFR part 1048.
    (6) Hobby engines.
    (7) Engines that are used exclusively in emergency and rescue 
equipment where no certified engines are available to power the 
equipment safely and practically, but not including generators, 
alternators, compressors or pumps used to provide remote power to a 
rescue tool. The equipment manufacturer bears the responsibility to 
ascertain on an annual basis and maintain documentation available to the 
Administrator that no appropriate certified engine is available from any 
source.
    (e) Engines subject to the provisions of this subpart are also 
subject to the provisions found in subparts B through N of this part, 
except that Subparts C, H, M and N of this part apply only to Phase 2 
engines as defined in this subpart.
    (f) Certain text in this part is identified as pertaining to Phase 1 
or Phase 2 engines. Such text pertains only to engines of the specified 
Phase. If no indication of Phase is given, the text pertains to all 
engines, regardless of Phase.

[67 FR 68339, Nov. 8, 2002]