[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: 40CFR92.9]
[Page 416-417]
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. 92.9 Compliance with emission standards.
(a) The general standards in Sec. 92.7 and the emission standards in
Sec. 92.8 apply to the emissions from new locomotives and new locomotive
engines for their useful life. The useful life is specified as MW-hrs
and years, and ends when either of the values (MW-hrs or years) is
exceeded.
(1) The minimum useful life in terms of MW-hrs is equal to the
product of the rated horsepower multiplied by 7.50. The minimum useful
life in terms of years is ten years. For locomotives or locomotive
engines originally manufactured before January 1, 2000 and not equipped
with MW-hr meters, the minimum useful life is equal to 750,000 miles or
ten years, whichever is reached first.
(2) The certifying manufacturer or remanufacturer shall specify a
longer useful life if the locomotive or locomotive engine is designed to
last longer than the applicable minimum useful life. A manufacturer's or
remanufacturer's recommended time to remanufacture which is longer than
the minimum useful life is one indicator of a longer design life.
(3) Manufacturers and remanufacturers of non-locomotive-specific
engines (as defined in Sec. 92.2) may petition the Administrator prior
to certification to allow a shorter useful life for an engine family
containing only non-locomotive-specific engines. This petition must
include the full rationale behind the request together with any other
supporting evidence. Based on this or other information, the
Administrator may allow a shorter useful life.
(4) Remanufacturers of locomotive or locomotive engine
configurations that have been previously certified under paragraph
(a)(3) of this section to a useful life that is shorter than the value
specified in paragraph (a)(1) of this section may certify to that same
useful life value without request.
(b) Certification. Certification is the process by which
manufacturers and remanufacturers apply for and obtain certificates of
conformity from EPA that allow the manufacturer or remanufacturer to
introduce into commerce new locomotives and/or new locomotive engines
for sale or use in the U.S.
(1)(i) Compliance with the applicable emission standards by an
engine family must be demonstrated by the certifying manufacturer or
remanufacturer before a certificate of conformity may be issued under
Sec. 92.208.
(A) Manufacturers shall demonstrate compliance using emission data,
measured using the procedures specified in subpart B of this part, from
a low mileage locomotive, or a development engine (that is equivalent in
design to the locomotive engines being certified), or another low hour
engine.
[[Page 417]]
(B) Remanufacturers shall demonstrate compliance using emission
data, measured using the procedures specified in subpart B of this part,
from a low mileage remanufactured locomotive, or a development engine
(that is equivalent in design to the locomotive engines being
certified), or another low hour remanufactured engine that was
remanufactured in the manner specified in the application for
certification.
(ii) The emission values to compare with the standards shall be the
emission values of a low mileage locomotive, or development engine, or
low hour locomotive engine, adjusted by the deterioration factors
developed in accordance with the provisions of paragraph (b)(2) of this
section. Before any emission value is compared with the standard, it
shall be rounded, in accordance with ASTM E 29-93a (incorporated by
reference at Sec. 92.5), to the same number of significant figures as
contained in the applicable standard.
(2) Exhaust emission deterioration factors shall be determined by
the certifying manufacturer or remanufacturer for each engine family.
The manufacturer's or remanufacturer's determination is subject to the
requirements of paragraph (b)(2)(iv) of this section. The deterioration
factor relates emissions from low mileage or low hour data to emissions
at the end of useful life. If certification data is obtained from a
development engine, and the emissions performance of that engine is
significantly different from a typical low hour engine, then the
deterioration factors may be adjusted for the purpose of certification.
(i) A separate exhaust emission deterioration factor shall be
established, as required, for compliance with applicable emission
standards for HC, THCE, NMHC, CO, NOX, particulate and smoke
for each engine family.
(ii)(A) For locomotives or locomotive engines not utilizing
aftertreatment technology (e.g., catalyst). For HC, THCE, NMHC, CO,
NOX, and PM, additive deterioration factors shall be used;
that is, a deterioration factor that when added to the low mileage
emission rate equals the emission rate at the end of useful life.
However, if the deterioration factor supplied by the manufacturer or
remanufacturer is less than zero, it shall be zero for the purposes of
this section.
(B) For locomotives or locomotive engines utilizing aftertreatment
technology (e.g., catalyst). For HC, THCE, NMHC, CO, NOX, and
PM, Multiplicative deterioration factors shall be used; that is
deterioration factors that when multiplied by the low mileage emission
rate equal the emission rate at the end of useful life. However, if the
deterioration factor supplied by the manufacturer or remanufacturer is
less than one, it shall be one for the purposes of this paragraph (b).
(C) For all locomotives and locomotive engines. For smoke, additive
deterioration factors shall be used. However, if the deterioration
factor supplied by the manufacturer or remanufacturer is less than zero,
it shall be zero for the purposes of this paragraph (b).
(iii) In the case of a multiplicative exhaust emission deterioration
factor, the factor shall be rounded to three places to the right of the
decimal point in accordance with ASTM E 29-93a (incorporated by
reference at Sec. 92.5). In the case of an additive exhaust emission
deterioration factor, the factor shall be established to a minimum of
two places to the right of the decimal in accordance with ASTM E 29-93a
(incorporated by reference at Sec. 92.5).
(iv) Every deterioration factor must be, in the Administrator's
judgement, consistent with emissions increases observed in-use based on
emission testing of similar locomotives or locomotive engines.
Deterioration factors that predict emission increases over the useful
life of a locomotive or locomotive engine that are significantly less
than the emission increases over the useful life observed from in-use
testing of similar locomotives or locomotive engines shall not be used.