[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: 40CFR94.12]
[Page 597-600]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 94--CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES--
Table of Contents
Subpart A--General Provisions for Emission Regulations for Compression-
Ignition Marine Engines
Sec. 94.12 Interim provisions.
This section contains provisions that apply for a limited number of
calendar years or model years. These provisions supercede the other
provisions of this part. The provisions of this section do not apply for
Category 3 engines.
(a) Compliance date of standards. Certain companies may delay
compliance with emission standards. Companies
[[Page 598]]
wishing to take advantage of this provision must inform the Designated
Officer of their intent to do so in writing before the date that
compliance with the standards would otherwise be mandatory.
(1) Post-manufacture marinizers may elect to delay the model year of
the Tier 2 standards for commercial engines as specified in Sec. 94.8 by
one year for each engine family.
(2) Small-volume manufacturers may elect to delay the model year of
the Tier 2 standards for recreational engines as specified in Sec. 94.8
by five years for each engine family.
(b) Early banking of emission credits. (1) A manufacturer may
optionally certify engines manufactured before the date the Tier 2
standards take effect to earn emission credits under the averaging,
banking, and trading program. Such optionally certified engines are
subject to all provisions relating to mandatory certification and
enforcement described in this part. Manufacturers may begin earning
credits for recreational engines on December 9, 2002.
(2) Consistent with the provisions of Subpart D of this part,
NOX and PM emission credits may be generated from engines
prior to the applicable effective compliance date of the applicable
standard (i.e., the effective compliance date in Sec. 94.8(a), as
applicable), relative to baseline emission rates.
(3)(i) THC+NOX credits generated under this paragraph (b)
shall be calculated as specified in Sec. 92.305, except that the
baseline emission rate may be either the applicable standard or a
measured THC+NOX baseline level for the configuration with
the lowest NOX emission rate in the applicable engine family.
The additional credits resulting from using a measured baseline (instead
of the applicable standard) shall be discounted by 10 percent. This
discount does not apply to the portion of the credits resulting from the
engine's emissions being below the applicable standard. Baseline
emission rates may not exceed the IMO NOX limits.
(ii) PM credits generated under this paragraph (b) shall be
calculated as specified in Sec. 94.305, except that the applicable
standard may be replaced by a measured PM 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. The additional credits resulting from using a measured
baseline (instead of the applicable standard) shall be discounted by 10
percent. This discount does not apply to the portion of the credits
resulting from the engine's emissions being below the applicable
standard.
(4)(i) For post-manufacture marinizers, measured baseline emission
levels may be based on emissions from a single engine for each engine
family.
(ii) For all other manufacturers, measured baseline emission levels
must be based on the average of emissions from at least three engines
for each engine family.
(iii) The Administrator must approve any measured baselines in
advance.
(5) For an engine to be eligible to generate early credits under
this paragraph (b), its certified emission levels for all pollutants
must be below the Tier 2 standards listed in Sec. 94.8, with the
following exception: PMMs may include in this early credit program
Category 1 marine engines with certified emissions above the Tier 2
standards listed in Sec. 94.8. Early credits generated by Category 1
marine engines with certified emissions above the Tier 2 standards
listed in Sec. 94.8 may not be used for model year 2008 or later
engines.
(c) Testing of Category 1 engines subject to the requirements of
this part that is conducted by the Administrator shall be performed
using test fuels that meet the specifications in Sec. 94.108 and have a
sulfur content no higher than 0.20 weight percent, unless the PM
emission rates are corrected for the effect of a higher fuel sulfur
content.
(d) Post-manufacture marinizers may import an uncertified engine for
marinization, in cases where the engine in the final marinized
configuration is not subject to the standards of this part because:
(1) The model year of the marinized engine is prior to the first
model year for which engines of that size are subject to the standards;
(2) The post-manufacture marinizer is marinizing the engine under
paragraph (a) of this section; or
[[Page 599]]
(3) The post-manufacture marinizer is granted hardship relief from
the Tier 2 standards under Sec. 94.209(c).
(e) Compliance date of NTE requirements (1) Notwithstanding the
other provisions of this part, the requirements of Sec. 94.8(e) for
commercial marine engines start with 2010 model year engines for
postmanufacture marinizers and 2007 model year engines for all other
engine manufacturers.
(2) Notwithstanding the other provisions of this part, the
requirements of Sec. 94.8(e) for recreational marine engines start with
2012 model year engines for post-manufacture marinizers and 2009 model
year engines for all other engine manufacturers.
(f) Flexibility for small-volume boat builders. Notwithstanding the
other provisions of this part, manufacturers may sell uncertified
recreational engines to small-volume boat builders during the first five
years for which the emission standards in Sec. 94.8 apply, subject to
the following provisions:
(1) The U.S.-directed production volume of boats from any small-
volume boat builder using uncertified engines during the total five-year
period may not exceed 80 percent of the manufacturer's average annual
production for the three years prior to the general applicability of the
recreational engine standards in Sec. 94.8, except as allowed in
paragraph (f)(2) of this section.
(2) Small-volume boat builders may exceed the production limits in
paragraph (f)(1) of this section, provided they do not exceed 20 boats
during the five-year period or 10 boats in any single calendar year.
This does not apply to boats powered by engines with displacement
greater than 2.5 liters per cylinder.
(3) Small-volume boat builders must keep records of all the boats
and engines produced under this paragraph (f), including boat and engine
model numbers, serial numbers, and dates of manufacture. Records must
also include information verifying compliance with the limits in
paragraph (f)(1) or (f)(2) of this section. Keep these records until at
least two full years after you no longer use the provisions in this
paragraph (f).
(4) Manufacturers must add a permanent, legible label, written in
block letters in English, to a readily visible part of each engine
exempted under this paragraph (f). This label must include at least the
following items:
(i) The label heading ``EMISSION CONTROL INFORMATION''.
(ii) Your corporate name and trademark.
(iii) Engine displacement (in liters), rated power, and model year
of the engine or whom to contact for further information.
(iv) The statement ``THIS ENGINE IS EXEMPT UNDER 40 CFR 94.12(f)
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.
(g) Flexibility for engines over 560kW. Notwithstanding the other
provisions of this part, manufacturers may choose to delay certification
of marine engines with less than 2.5 liters per cylinder and rated power
above 560 kW, that are derived from a land-based nonroad engine with a
rated power greater than 560 kW, if they do all of the following:
(1) Certify all of their applicable marine engines with less than
2.5 liters per cylinder and rated power above 560 kW to a NOX
standard of 6.4 g/kW-hr for model years 2008 through 2012.
(2) Notify EPA in writing before 2004 of their intent to use this
provision. This notification must include a signed statement certifying
that the manufacturer will comply with all the provisions of this
paragraph (g).
(3) Add a permanent, legible label, written in block letters in
English, to a readily visible part of each engine exempted under this
paragraph (f). This label must include at least the following items:
(i) The label heading ``EMISSION CONTROL INFORMATION''.
(ii) Your corporate name and trademark.
(iii) Engine displacement (in liters), rated power, and model year
of the engine or whom to contact for further information.
(iv) The statement ``THIS ENGINE IS EXEMPT UNDER 40 CFR 94.12(g)
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.
[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68343, Nov. 8, 2002; 68
FR 9784, Feb. 28, 2003]
[[Page 600]]
Editorial Note: At 68 FR 9784, Feb. 28, 2003, Sec. 94.12 was amended
by adding paragraph (f). The amendment could not be incorporated because
paragraph (f) already exists in the section. For the convenience of the
user, the added text is set forth as follows:
Sec. 94.12 Interim provisions.
* * * * *
(f) Manufacturers may submit test data collected using the Annex VI
test procedures to show compliance with Tier 1 standards for model years
before 2007. Note: Starting in 2007, EPA may approve a manufacturer's
request to continue using alternate procedures under Sec. 94.102(c), as
long as the manufacturer satisfies EPA that the differences in testing
will not affect NOX emission rates.