[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: 40CFR90.107]
[Page 179-181]
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 B--Emission Standards and Certification Provisions
Sec. 90.107 Application for certification.
(a) For each engine family, the engine manufacturer must submit to
the Administrator a completed application for a certificate of
conformity.
(b) The application must be approved and signed by the authorized
representative of the manufacturer.
[[Page 180]]
(c) The application must be updated and corrected by amendment as
provided in Sec. 90.122 to accurately reflect the manufacturer's
production.
(d) Required content. Each application must include the following
information:
(1) A description of the basic engine design including, but not
limited to, the engine family specifications;
(2) An explanation of how the emission control system operates,
including a detailed description of all emission control system
components (Detailed component calibrations are not required to be
included; they must be provided if requested, however.), each auxiliary
emission control device (AECD), and all fuel system components to be
installed on any production or test engine(s);
(3) Proposed test engine(s) selection and the rationale for the test
engine(s) selection;
(4) Special or alternate test procedures, if applicable;
(5) The service accumulation period necessary to break in the test
engine(s) and stabilize emission levels;
(6) A description of all adjustable operating parameters including
the following:
(i) The nominal or recommended setting and the associated production
tolerances;
(ii) The intended physically adjustable range;
(iii) The limits or stops used to establish adjustable ranges;
(iv) Production tolerances of the limits or stops used to establish
each physically adjustable range;
(v) Information relating to why the physical limits or stops used to
establish the physically adjustable range of each parameter, or any
other means used to inhibit adjustment, are effective in preventing
adjustment of parameters to settings outside the manufacturer's intended
physically adjustable ranges on in-use engines; and
(vi) Information relating to altitude kits to be certified,
including: a description of the altitude kit; appropriate part numbers;
the altitude ranges at which the kits must be installed on or removed
from the engine for proper emissions and engine performance; statements
to be included in the owner's manual for the engine/equipment
combination (and other maintenance related literature) that: declare the
altitude ranges at which the kit must be installed or removed; and state
that the operation of the engine/equipment at an altitude that differs
from that at which it was certified, for extended periods of time, may
increase emissions; and a statement that an engine with the altitude kit
installed will meet each emission standard throughout its useful life
(the rationale for this assessment must be documented and retained by
the manufacturer, and provided to the Administrator upon request);
(7) The proposed engine information label;
(8) All test data obtained by the manufacturer on each test engine;
(9) A statement that the test engine(s), as described in the
manufacturer's application for certification, has been tested in
accordance with the applicable test procedures, utilizing the fuels and
equipment required under subparts D and E of this part, and that on the
basis of such tests the engine(s) conforms to the requirements of this
part;
(10) An unconditional statement certifying that all engines in the
engine family comply with all requirements of this part and the Clean
Air Act;
(11) This paragraph (d)(11) is applicable only to Phase 2 engines.
(i) Engine manufacturers participating in the averaging, banking and
trading program as described in subpart C of this part shall declare the
applicable Family Emission Limit (FEL) for HC+NOX
(NMHC+NOX).
(ii) Provide the applicable useful life as determined under
Sec. 90.105.
(e)(1) In addition to the information specified in paragraph (d) of
this section, manufacturers of two-stroke lawnmower engines must submit
with their application for a certificate of conformity:
(i) For model year 1997, information establishing the highest number
of two-stroke lawnmower engines produced in a single annual production
period from 1992 through 1994. This number will be known as the
production baseline.
[[Page 181]]
(ii) For model years 1998 through 2002, information documenting the
previous year's production and projected production for the current
year.
(2) In model year 1997, two-stroke lawnmower engine manufacturers
may produce up to 100 percent of their production baseline established
under paragraph (e)(1)(i) of this section.
(3) In model year 1998, two-stroke lawnmower engine manufacturers
may produce up to 75 percent of their production baseline.
(4) From model years 1999 through 2002, two-stroke lawnmower engine
manufacturers may produce up to 50 percent of their production baseline.
(5) In model year 2003, two-stroke lawnmower engine manufacturers
must meet class I or II standards specified in Sec. 90.103(a). If in
model year 2003 those standards have been superseded by Phase 2
standards, two-stroke lawnmower engine manufacturers must meet the Phase
2 standards that are equivalent to the class I or II standards.
(f) At the Administrator's request, the manufacturer must supply
such additional information as may be required to evaluate the
application including, but not limited to, projected nonroad engine
production.
(g)(1) The Administrator may modify the information submission
requirements of paragraph (d) of this section, provided that all of the
information specified therein is maintained by the engine manufacturer
as required by Sec. 90.121, and amended, updated, or corrected as
necessary.
(2) For the purposes of this paragraph, Sec. 90.121(a)(1) includes
all information specified in paragraph (d) of this section whether or
not such information is actually submitted to the Administrator for any
particular model year.
(3) The Administrator may review an engine manufacturer's records at
any time. At the Administrator's discretion, this review may take place
either at the manufacturer's facility or at another facility designated
by the Administrator.
(h)(1) The Administrator may, upon receipt of a written request from
an equipment manufacturer, accompanied by sufficient documentation,
permit two stroke engines produced for nonhandheld equipment other than
lawnmowers to meet the standards specified in Sec. 90.103(a)(3) under
the schedule outlined in paragraph (e) of this section. The equipment
manufacturer must demonstrate to the satisfaction of the Administrator
that:
(i) Four stroke engines for such equipment are not available with
suitable physical or performance characteristics; and
(ii) The equipment can not be converted to use four stroke engines
without substantial redesign for which additional lead time is necessary
to avoid economic hardship.
(2) The Administrator may waive the phase-in percentages of
paragraphs (e)(3) and (e)(4) of this section for engines used in low
volume nonhandheld equipment other than lawnmowers where the equipment
manufacturer demonstrates to the satisfaction of the Administrator that
compliance with the production cap is not economically feasible.
[60 FR 34598, July 3, 1995, as amended at 61 FR 20742, May 8, 1996; 62
FR 42643, Aug. 7, 1997; 64 FR 15238, Mar. 30, 1999; 65 FR 24307, Apr.
25, 2000]