[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: 40CFR90.3]
[Page 168-171]
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. 90.3 Definitions.
The following definitions apply to part 90. All terms not defined
herein have the meaning given them in the Act.
Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
Aircraft means any vehicle capable of sustained air travel above
treetop heights.
Adjustable parameter means any device, system, or element of design
which is physically capable of being adjusted (including those which are
difficult to access) and which, if adjusted, may affect emissions or
engine performance during emission testing or normal in-use operation.
Administrator means the Administrator of the Environmental
Protection Agency or his or her authorized representative.
Aftertreatment means the passage of exhaust gases through a device
or system such as a catalyst whose purpose is to chemically alter the
gases prior to their release to the atmosphere.
Auxiliary emission control device (AECD) means any element of design
that senses temperature, vehicle 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.
Certification means, with respect to new nonroad engines, obtaining
a certificate of conformity for an engine family complying with the
nonroad engine emission standards and requirements specified in this
part.
DF or df means deterioration factor.
Eligible production or U.S. production means Phase 2 engines
produced for purposes of being used in the United States, and includes
any engine exported and subsequently imported in a new piece of
equipment, but excludes any engine introduced into commerce, by itself
or in a piece of equipment, for use in a state that has established its
own emission requirements applicable to such engines pursuant to a
waiver granted by EPA under section 209(e) of the Clean Air Act.
Emission control system means any device, system, or element of
design which controls or reduces the emission of substances from an
engine.
Engine as used in this part, refers to nonroad engine.
Engine family means a group of engines, as specified in Sec. 90.116.
Engine manufacturer means any person engaged in the manufacturing or
assembling of new nonroad engines or the importing of such engines for
resale, or who acts for and is under the control of any such person in
connection with the distribution of such engines. Engine manufacturer
does not include any dealer with respect to new nonroad engines received
by such person in commerce.
EPA enforcement officer means any officer, employee, or authorized
representative of the U.S. Environmental Protection Agency so designated
in writing by the Administrator (or by his or her designee).
Equipment manufacturer means a manufacturer of equipment using
engines covered by the provisions of this Part who does not also
manufacture engines covered by the provisions of this Part.
Exhaust emissions means matter emitted into the atmosphere from any
opening downstream from the exhaust port of a nonroad engine.
Family Emission Limit or FEL means an emission level that is
declared by the manufacturer to serve in lieu of an emission standard
for the purposes of certification, production line testing, and
Selective Enforcement Auditing for engines participating in the
averaging, banking and trading program. A
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declared FEL will also serve in lieu of an emission standard where the
manufacturer elects to perform voluntary in-use testing under this part.
An FEL must be expressed to the same number of decimal places as the
applicable emission standard.
Fuel system means all components involved in the transport,
metering, and mixture of the fuel from the fuel tank to the combustion
chamber(s) including the following: fuel tank, fuel tank cap, fuel pump,
fuel lines, oil injection metering system, carburetor or fuel injection
components, and all fuel system vents.
Gross power means the power measured at the crankshaft or its
equivalent, the engine being equipped only with the standard accessories
(such as oil pumps, coolant pumps, and so forth) necessary for its
operation on the test bed.
Handheld equipment engine means a nonroad engine that meets the
requirements specified in Sec. 90.103(a)(2)(I) through (v).
HC+NOX means total hydrocarbons plus oxides of nitrogen.
Hobby engines means engines used in reduced-scale models of vehicles
that are not capable of transporting a person (for example, model
airplanes).
Marine engine means an engine that someone installs or intends to
install on a marine 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 means a vehicle that is capable of operation in water
but is not capable of operation out of water. Amphibious vehicles are
not marine vessels.
Model year (MY) means the manufacturer's annual new model production
period which includes January 1 of the calendar year, ends no later than
December 31 of the calendar year, and does not begin earlier than
January 2 of the previous calendar year. Where a manufacturer has no
annual new model production period, model year means calendar year.
New, for the purposes of this part, means a nonroad engine or
nonroad vehicle the equitable or legal title to which has never been
transferred to an ultimate purchaser. Where the equitable or legal title
to the engine or vehicle is not transferred to an ultimate purchaser
until after the engine or vehicle is placed into service, then the
engine or vehicle will no longer be new after it is placed into service.
A nonroad engine or vehicle is placed into service when it is used for
its functional purposes. With respect to imported nonroad engines or
nonroad vehicles, the term ``new'' means an engine or vehicle that is
not covered by a certificate of conformity issued under this part at the
time of importation, and that is manufactured after the effective date
of a regulation issued under this part which is applicable to such
engine or vehicle (or which would be applicable to such engine or
vehicle had it been manufactured for importation into the United
States).
New Class I engine family means any group of engines that employ a
design that is different from engine families that the engine
manufacturer has previously certified, and does not include any engine
family certified on the basis of carryover data or any engine family
that differs from another engine family solely as a result of a running
change.
NMHC+NOX means nonmethane hydrocarbons plus oxides of
nitrogen.
Nonroad engine means:
(1) Except as discussed in paragraph (2) of this definition, any
internal combustion engine:
(i) In or on a piece of equipment that is self-propelled or serves a
dual purpose by both propelling itself and performing another function
(such as garden tractors, off-highway mobile cranes, and bulldozers); or
(ii) In or on a piece of equipment that is intended to be propelled
while performing its function (such as lawnmowers and string trimmers);
or
(iii) That, by itself or in or on a piece of equipment, is portable
or transportable, meaning designed to be and capable of being carried or
moved from one location to another. Indicia of transportability include,
but are not limited
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to, wheels, skids, carrying handles, dolly, trailer, or platform.
(2) An internal combustion engine is not a nonroad engine if:
(i) The engine is used to propel a motor vehicle or a vehicle used
solely for competition, or is subject to standards promulgated under
section 202 of the Act; or
(ii) The engine is regulated by a federal New Source Performance
Standard promulgated under section 111 of the Act; or
(iii) The engine otherwise included in paragraph (1)(iii) of this
definition remains or will remain at a location for more than 12
consecutive months or a shorter period of time for an engine located at
a seasonal source. A location is any site at a building, structure,
facility, or installation. Any engine (or engines) that replaces an
engine at a location and that is intended to perform the same or similar
function as the engine replaced will be included in calculating the
consecutive time period. An engine located at a seasonal source is an
engine that remains at a seasonal source during the full annual
operating period of the seasonal source. A seasonal source is a
stationary source that remains in a single location on a permanent basis
(i.e., at least two years) and that operates at that single location
approximately three months (or more) each year. This paragraph does not
apply to an engine after the engine is removed from the location.
Nonroad vehicle means a vehicle that is powered by a nonroad engine
as defined in this section and that is not a motor vehicle or a vehicle
used solely for competition. Nonroad vehicle also includes equipment
that is powered by nonroad engines.
Nonroad vehicle manufacturer means any person engaged in the
manufacturing or assembling of new nonroad vehicles or importing such
vehicles for resale, or who acts for and is under the control of any
such person in connection with the distribution of such vehicles. A
nonroad vehicle manufacturer does not include any dealer with respect to
new nonroad vehicles received by such person in commerce.
Operating hours means:
(1) For engine storage areas or facilities, all times during which
personnel other than custodial personnel are at work in the vicinity of
the storage area or facility and have access to it.
(2) For all other areas or facilities, all times during which an
assembly line is in operation or all times during which testing,
maintenance, service accumulation, production or compilation of records,
or any other procedure or activity related to certification testing, to
translation of designs from the test stage to the production stage, or
to engine manufacture or assembly is being carried out in a facility.
Overhead valve engine means an otto-cycle, four stroke engine in
which the intake and exhaust valves are located above the combustion
chamber within the cylinder head. Such engines are sometimes referred to
as ``valve-in-head'' engines.
Phase 1 engine means any handheld or nonhandheld engine, that was
produced under a certificate of conformity issued under the regulations
in this part to the standard levels defined for Phase 1.
Phase 2 engine means any handheld and nonhandheld engine that was
produced under a certificate of conformity under the regulations in this
part to the standards defined for Phase 2 engines.
Presentation of credentials means the display of the document
designating a person as an EPA enforcement officer or EPA authorized
representative.
Recreational means, for purposes of this part, relating to a vehicle
intended by the vehicle manufacturer to be operated primarily for
pleasure.
Round, rounded or rounding means, unless otherwise specified, that
numbers will be rounded according to ASTM-E29-93a, which is incorporated
by reference in this part pursuant to Sec. 90.7.
Scheduled maintenance means any adjustment, repair, removal,
disassembly, cleaning, or replacement of components or systems required
by the manufacturer to be performed on a periodic basis to prevent part
failure or vehicle or engine malfunction, or those actions anticipated
as necessary to correct an
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overt indication of malfunction or failure for which periodic
maintenance is not appropriate.
Side valve engine means an otto-cycle, four stroke engine in which
the intake and exhaust valves are located to the side of the cylinder,
not within the cylinder head. Such engines are sometimes referred to as
``L-head'' engines.
Small volume engine family means any handheld engine family or any
nonhandheld engine family whose eligible production in a given model
year are projected at the time of certification to be no more than 5,000
engines.
Small volume engine manufacturer means, for nonhandheld engines, any
engine manufacturer whose total eligible production of nonhandheld
engines are projected at the time of certification of a given model year
to be no more than 10,000 nonhandheld engines. For handheld engines, the
term small volume engine manufacturer means any engine manufacturer
whose total eligible production of handheld engines are projected at the
time of certification of a given model year to be no more than 25,000
handheld engines.
Small volume equipment manufacturer means, for nonhandheld
equipment, any equipment manufacturer whose production of nonhandheld
equipment subject to regulation under this part or powered by engines
regulated under this part, does not exceed 5,000 pieces for a given
model year or annual production period excluding that equipment intended
for introduction into commerce for use in a state that has established
its own emission requirements applicable to such equipment or engines in
such equipment, pursuant to a waiver granted by EPA under section 209(e)
of the Clean Air Act. For handheld equipment, the term small volume
equipment manufacturer has the same meaning except that it is limited to
25,000 pieces of handheld equipment rather than 5,000 pieces of
nonhandheld equipment.
Small volume equipment model means, for nonhandheld equipment, any
unique model of equipment whose production subject to regulations under
this part or powered by engines regulated under this part, does not
exceed 500 pieces for a given model year or annual production period
excluding that equipment intended for introduction into commerce for use
in a state that has established its own emission requirements applicable
to such equipment or engines in such equipment, pursuant to a waiver
granted by EPA under section 209(e) of the Clean Air Act. For handheld
equipment, the term small volume equipment model has the same meaning
except that it is limited to 5,000 pieces of handheld equipment, rather
than 500 pieces of nonhandheld equipment.
Test engine means the engine or group of engines that a manufacturer
uses during certification to determine compliance with emission
standards.
Ultimate purchaser means, with respect to any new nonroad engine or
new nonroad vehicle, the first person who in good faith purchases such
new nonroad engine or vehicle for purposes other than resale.
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, the U.S. Virgin Islands, and the Trust
Territory of the Pacific Islands.
Used solely for competition means exhibiting features that are not
easily removed and that would render its use other than in competition
unsafe, impractical, or highly unlikely.
Warranty period means the period of time the engine or part is
covered by the warranty provisions.
[60 FR 34598, July 3, 1995, as amended at 64 FR 15235, Mar. 30, 1999; 65
FR 24305, Apr. 25, 2000; 67 FR 68339, Nov. 8, 2002]