[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: 40CFR92.12]
[Page 418-421]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 92--CONTROL OF AIR POLLUTION FROM LOCOMOTIVES AND LOCOMOTIVE ENGINES--
Table of Contents
Subpart A--General Provisions for Emission Regulations for Locomotives
and Locomotive Engines
Sec. 92.12 Interim provisions.
Notwithstanding other provisions of this part, the following
provisions apply as specified to locomotives and locomotive engines
subject to the provisions of this part:
(a) Tier 0 standards. In addition to the requirements of
Sec. 92.8(a)(1)(i), the following new locomotives and new locomotive
engines are subject to the Tier 0 emission standards of Sec. 92.8. The
requirements of this paragraph do not apply to passenger locomotives.
The requirements of this paragraph (a) provide manufacturers of freshly
manufactured locomotives two options for compliance. The first option is
to comply with the requirements of paragraphs (a) (1) and (2) of this
section, which has the effect of requiring compliance with Tier 0
standards on average beginning on January 1, 2001 for all freshly
manufactured and remanufactured locomotives originally manufactured on
or after January 1, 1994. The second option requires compliance with the
requirements of paragraph (a)(3) of this section that the manufacturer
make a remanufacturing system available at a
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reasonable cost for its primary model for the 1994 through 1997
production period prior to January 1, 2000, and to apply the same
emission controls to its new production of similar locomotives.
Manufacturers complying with paragraph (a)(3) of this section would be
allowed to manufacture and remanufacture other locomotives without a
certificate of conformity, prior to January 1, 2002, except as required
by paragraph (a)(2)(ii) of this section. Manufacturers may comply with
paragraph (a)(3) of this section through compliance with the provisions
of paragraph (a)(5) of this section.
(1) Freshly manufactured locomotives. Except as provided in
paragraph (a)(3) of this section, all freshly manufactured locomotives
manufactured on or after January 1, 2001 must comply with the emission
standards listed in Table A8-1 of Sec. 92.8 and all other applicable
requirements of this part.
(2) Remanufactured locomotives. The following locomotives (and
engines used in the following locomotives) must comply with the emission
standards listed in Table A8-1 of Sec. 92.8 and all other applicable
requirements of this part:
(i) Locomotives originally manufactured on or after January 1, 1994,
that are remanufactured on or after January 1, 2001; and
(ii) Locomotives originally manufactured on or after January 1, 1990
for which a remanufacturing system has been certified to Tier 0
standards and is available for use at reasonable cost.
(3) New model exemption. (i) Freshly manufactured locomotive models
not introduced for widespread production prior to January 1, 1998 are
exempt from the requirements of paragraph (a)(1) of this section
provided the manufacturer of the locomotive:
(A) Has obtained a certificate of conformity and made available for
use at reasonable cost before January 1, 2000, a remanufacturing system
for its primary locomotive model (including its primary engine model)
originally manufactured between January 1, 1994 and January 1, 1998; and
(B) Complies with the emission standards listed in Table A8-1 of
Sec. 92.8 and all applicable requirements of this part for all freshly
manufactured locomotives manufactured on or after January 1, 2000 that
are similar to the primary model described in paragraph (a)(3)(i)(A) of
this section.
(ii) New locomotives and locomotive engines that are manufactured
and remanufactured by a manufacturer that complies with the requirements
of paragraphs (a)(3)(i) (A) and (B) of this section, and that are not
similar to the locomotive models identified in paragraphs (a)(3)(i) (A)
and (B) of this section are exempt from the requirements of paragraphs
(a)(1) and (a)(2)(i) of this section.
(4) Make available at a reasonable cost means to make a certified
remanufacturing system available for use where:
(i) The total cost to the owner and user of the locomotive
(including initial hardware, increased fuel consumption, and increased
maintenance costs) during the useful life of the locomotive is less than
$220,000; and
(ii) The initial hardware costs are reasonably related to the
technology included in the remanufacturing system and are less than
$50,000 for 2-stroke locomotives and 4-stroke locomotives equipped with
split cooling systems, or $125,000 for 4-stroke locomotives not equipped
with split cooling systems; and
(iii) The system will not increase fuel consumption by more than 3
percent; and
(iv) The remanufactured locomotive will have reliability throughout
its useful life that is similar to the reliability the locomotive would
have had if it had been remanufactured without the certified
remanufacture system.
(5)(i) Instead of the provisions of paragraph (a)(3) of this
section, a manufacturer may comply with the emissions standards listed
in Table A8-1 of Sec. 92.8 and all other applicable requirements of this
part with respect to any combination of locomotive models that are
manufactured or remanufactured on or after January 1, 2000, provided
that the manufacturer has demonstrated to the satisfaction of the
Administrator that such locomotives will produce greater emissions
reductions than would otherwise occur through compliance with paragraph
(a)(3) of this section.
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(ii) New locomotives and locomotive engines that are manufactured
and remanufactured by a manufacturer that complies with the requirements
of paragraph (a)(5)(i) of this section, and that are not similar to the
locomotive models identified in paragraph (a)(5)(i) of this section, are
exempt from the requirements of paragraphs (a)(1) and (a)(2)(i) of this
section.
(b) Production line and in-use testing. (1) The requirements of
subpart F of this part (i.e., production line testing) do not apply
prior to January 1, 2002.
(2) The requirements of subpart F of this part (i.e., production
line testing) do not apply to small remanufacturers prior to January 1,
2007.
(3) The requirements of subpart G of this part (i.e., in-use
testing) only apply for locomotives and locomotive engines that become
new on or after January 1, 2002.
(4) For locomotives and locomotive engines that are covered by a
small business certificate of conformity, the requirements of subpart G
of this part (i.e., in-use testing) only apply for locomotives and
locomotive engines that become new on or after January 1, 2007.
(c) Small business certificates of conformity. (1) Prior to January
1, 2007, small remanufacturers (as defined in Sec. 92.2) may use a
modified version of the federal test procedures of subpart B of this
part to obtain certificates of conformity. Such certificates are valid
only for production that occurs prior to January 1, 2007. Specifically,
the following modifications are allowed:
(i) Measurement of HC, CO, and PM may be omitted;
(ii) Dynamometers are not required to meet the specifications of
subpart B of this part, provided their design and use is consistent with
good engineering practice;
(iii) Other modifications that are necessary because of excessive
costs or technical infeasibility may be approved by the Administrator
prior to the start of testing.
(2)(i) Small remanufacturers may use test procedures other than
those specified in subpart B of this part or in paragraph (c)(1) of this
section to obtain certificates of conformity, provided that the test
procedures are consistent with good engineering practice, and are
approved by the Administrator prior to the start of testing. Such
certificates are valid only for production that occurs prior to January
1, 2007.
(ii) The total number of locomotives and locomotive engines that may
be remanufactured under a certificate of conformity issued based on the
testing described in paragraph (c)(2)(i) of this section shall be
subject to the following annual limits for each individual
remanufacturer: No more than 300 units in 2003, no more than 200 units
in 2004, no more than 100 units in 2005, no more than 50 units in 2006.
These sales limits apply to the combined number of locomotives and
locomotive engines remanufactured within the calendar year that are
covered by an individual remanufacturer's certificates issued under
paragraph (c)(2)(i) of this section.
(3) Upon request, and prior to January 1, 2007, the Administrator
may modify other certification requirements, as appropriate, for small
remanufacturers.
(4) Remanufacturers certifying under this paragraph (c) shall
provide along with their application for certification a brief
engineering analysis describing the emission control technology to be
incorporated in the remanufactured locomotive or locomotive engine, and
demonstrating that such controls will result in compliance with the
applicable standards.
(d) Early banking of emission credits. (1) Consistent with the
provisions of subpart D of this part, NOx and PM emission credits may be
generated from Tier 0 locomotives and locomotive engines prior to the
applicable effective compliance date of the Tier 0 standard (i.e., the
effective compliance date in Sec. 92.8(a)(1)(i) or the effective
compliance dates of paragraph (a) of this section, as applicable),
relative to baseline emission rates.
(2)(i) Credits generated under this paragraph (d) that are granted
or transferred to the owner or primary operator of the locomotives or
locomotive engines generating credits may be used without restriction.
(ii) Credits generated under this paragraph (d) that are not granted
or
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transferred to the owner or primary operator of the locomotives or
locomotive engines generating credits may not be used for compliance
with the Tier 0 standards for 2002 or later model years.
(3)(i) Prior to January 1, 2000, the provisions of this paragraph
(d) apply to all locomotives and locomotive engines.
(ii) During the period January 1, 2000 through December 31, 2001,
the provisions of this paragraph (d) apply only to engine families that
include only locomotives and/or locomotive engines originally
manufactured prior to January 1, 1990.
(iii) The provisions of this paragraph (d) other than the provisions
of paragraph (d)(2) of this section do not apply to any locomotives and
locomotive engines manufactured or remanufactured on or after January 1,
2002.
(4)(i) NOX credits generated under this paragraph (d)
shall be calculated as specified in Sec. 92.305, except that the
applicable standard shall be replaced by:
(A) 10.5 g/bhp-hr for the line-haul cycle standards, and 14.0 g/bhp-
hr for the switch standards; or
(B) For remanufactured locomotives, a measured baseline emission
rate for the configuration with the lowest NOX emission rate
in the applicable engine family that is approved in advance by the
Administrator.
(ii) PM credits generated under this paragraph (d) shall be
calculated as specified in Sec. 92.305, except that the applicable
standard shall be replaced by:
(A) 0.20 g/bhp-hr for the line-haul cycle standards, and 0.24 g/bhp-
hr for the switch standards; or
(B) For remanufactured locomotives, a measured baseline emission
rate for the configuration with the lowest NOX emission rate
in the applicable engine family that is approved in advance by the
Administrator.
(iii) The proration factor for all credits generated under this
paragraph (d) shall be 0.143.
(5) Locomotives and locomotive engines generating credits under this
paragraph (d) must meet all applicable requirements of this part.
(e) Particulate notch standards. For model year 2006 and earlier
locomotives, the particulate notch standard shall be calculated as:
Notch standard=(EX)x(1.2+(1-ELHx/std)).
(f) Passenger locomotives. Passenger locomotives originally
manufactured before January 1, 2002 are exempt from the requirements and
prohibitions of this part for model years through 2006. New passenger
locomotives and locomotive engines produced on or after January 1, 2007
shall comply with all applicable requirements of this part.