[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: 40CFR94.2]
[Page 585-591]
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. 94.2 Definitions.
(a) The definitions of this section apply to this subpart. They also
apply to all subparts of this part, except where noted otherwise.
(b) As used in this part, all terms not defined in this section
shall have the meaning given them in the Act: Act means the Clean Air
Act as amended (42 U.S.C. 7401 et seq.).
Adjustable Parameter means any device, system, or element of design
which is physically or electronically capable of being adjusted
(including those which are difficult to access) and which, if adjusted,
may affect emissions or engine performance during emission testing.
Administrator means the Administrator of the Environmental
Protection Agency or his/her authorized representative.
Aftertreatment system or aftertreatment component or aftertreatment
technology means any system or component or technology mounted
downstream of the exhaust valve or exhaust port whose design function is
to reduce exhaust emissions.
Annex VI Technical Code means the ``Technical Code on Control of
Emission of Nitrogen Oxides from Marine Diesel Engines,'' adopted by the
International Maritime Organization (incorporated by reference in
Sec. 94.5).
Applicable standard means a standard to which an engine is subject;
or, where an engine is certified to another standard or FEL, applicable
standard means the other standard or FEL to which the engine is
certified, as allowed by Sec. 94.8. This definition does not apply to
subpart D of this part.
Auxiliary engine means a marine engine that is not a propulsion
engine.
Auxiliary emission control device (AECD) means any element of design
which senses temperature, vessel speed, engine RPM, atmospheric
pressure, manifold pressure or vacuum, or any other parameter for the
purpose of activating, modulating, delaying, or deactivating the
operation of any part of the emission control system (including, but not
limited to injection timing); or any other feature that causes in-use
emissions to be higher than those measured under test conditions.
Averaging means the exchange of emission credits among engine
families within a given manufacturer's product line.
Banking means the retention of emission credits by a credit holder
for use in future calendar year averaging or trading as permitted by the
regulations in this part.
Base engine means a land-based engine to be marinized, as configured
prior to marinization.
Blue Sky Series engine means an engine meeting the requirements of
Sec. 94.7(e).
[[Page 586]]
Brake-specific fuel consumption means the mass of fuel consumed by
an engine during a test segment divided by the brake-power output of the
engine during that same test segment.
Calibration means the set of specifications, including tolerances,
specific to a particular design, version, or application of a component,
or components, or assembly capable of functionally describing its
operation over its working range.
Category 1 means relating to a marine engine with a rated power
greater than or equal to 37 kilowatts and a specific engine displacement
less than 5.0 liters per cylinder.
Category 2 means relating to a marine engine with a specific engine
displacement greater than or equal to 5.0 liters per cylinder but less
than 30 liters per cylinder.
Category 3 means relating to a marine engine with a specific engine
displacement greater than or equal to 30 liters per cylinder.
Commercial means relating to an engine or vessel that is not a
recreational marine engine or a recreational vessel.
Compliance date means the date on which compliance with a standard
becomes mandatory. For example, the compliance date for standards which
first apply to the 2004 model year, is January 1, 2004.
Compression-ignition means relating to an engine that is not a
spark-ignition engine.
Configuration means any subclassification of an engine family which
can be described on the basis of gross power, emission control system,
governed speed, injector size, engine calibration, and other parameters
as designated by the Administrator.
Constant-speed engine means an engine that is governed to operate
only at a single rated speed.
Crankcase emissions means airborne substances emitted to the
atmosphere from any portion of the engine crankcase ventilation or
engine lubrication system.
Defeat device means an AECD or other control feature that reduces
the effectiveness of the emission control system under conditions which
may reasonably be expected to be encountered in normal engine operation
and use, unless the AECD or other control feature has been identified by
the manufacturer in the application for certification, and:
(1) Such conditions are substantially represented by the portion of
the applicable duty cycle of Sec. 94.105 during which the applicable
emission rates are measured;
(2) The need for the AECD or other control feature is justified in
terms of protecting the engine or vessel against damage or accident; or
(3) The AECD or other control feature does not go beyond the
requirements of engine starting.
Designated Officer means the Manager of the Engine Programs Group
(6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave.,
Washington, DC 20460.
Deterioration factor means the difference between exhaust emissions
at the end of useful life and exhaust emissions at the low hour test
point expressed as either: the ratio of exhaust emissions at the end of
useful life to exhaust emissions at the low hour test point (for
multiplicative deterioration factors); or the difference between exhaust
emissions at the end of useful life and exhaust emissions at the low
hour test point (for additive deterioration factors).
Diesel fuel means any fuel suitable for use in diesel engines which
is commonly or commercially known or sold as diesel fuel or marine
distillate fuel.
Dresser means any entity that modifies a land-based engine for use
in a marine vessel, in compliance with the provisions of Sec. 94.907.
This means that dressers may not modify the engine in a way that would
affect emissions.
Emission control system means those devices, systems or elements of
design which control or reduce the emission of substances from an
engine. This includes, but is not limited to, mechanical and electronic
components and controls, and computer software.
Emission credits means the amount of emission reduction or
exceedance, by an engine family, below or above the emission standard,
respectively, as calculated under subpart D of this part. Emission
reductions below the standard are considered as ``positive credits,''
while emission exceedances above
[[Page 587]]
the standard are considered as ``negative credits.'' In addition,
``projected credits'' refer to emission credits based on the projected
applicable production/sales volume of the engine family. ``Reserved
credits'' are emission credits generated within a calendar year waiting
to be reported to EPA at the end of the calendar year. ``Actual
credits'' refer to emission credits based on actual applicable
production/sales volume as contained in the end-of-year reports
submitted to EPA.
Emission-data engine means an engine which is tested for purposes of
emission certification or production line testing.
Emission-related defect means a defect in design, materials, or
workmanship in a device, system, or assembly which affects any parameter
or specification enumerated in Appendix I of this part.
Emission-related maintenance means that maintenance which
substantially affects emissions or which is likely to affect the
deterioration of the engine or vessel with respect to emissions.
Engine family means a group of engine configurations that are
expected to have similar emission characteristics throughout the useful
lives of the engines (see Sec. 94.204), and that are (or were) covered
(or requested to be covered) by a specific certificate of conformity.
Engineering analysis means a summary of scientific and/or
engineering principles and facts that support a conclusion made by a
manufacturer, with respect to compliance with the provisions of this
part.
EPA Enforcement Officer means any officer or employee of the
Environmental Protection Agency so designated in writing by the
Administrator or his/her designee.
Exhaust emissions means substances (i.e., gases and particles)
emitted to the atmosphere from any opening downstream from the exhaust
port or exhaust valve of an engine.
Exhaust gas recirculation means an emission control technology that
reduces emissions by routing gases that had been exhausted from the
combustion chamber(s) back into the engine to be mixed with incoming air
prior to or during combustion. The use of valve timing to increase the
amount of residual exhaust gas in the combustion chamber(s) that is
mixed with incoming air prior to or during combustion is not considered
to be exhaust gas recirculation for the purposes of this part.
Family Emission Limit (FEL) means an emission level declared by the
certifying manufacturer to serve in lieu of an otherwise applicable
emission standard for certification and compliance purposes in the
averaging, banking and trading program. FELs are expressed to the same
number of decimal places as the applicable emission standard.
Foreign vessel means a vessel of foreign registry or a vessel
operated under the authority of a country other than the United States.
Fuel system means the combination of fuel tank(s), fuel pump(s),
fuel lines and filters, pressure regulator(s), and fuel injection
components, fuel system vents, and any other component involved in the
delivery of fuel to the engine.
Green Engine Factor means a factor that is applied to emission
measurements from an engine that has had little or no service
accumulation. The Green Engine Factor adjusts emission measurements to
be equivalent to emission measurements from an engine that has had
approximately 300 hours of use.
Hydrocarbon standard means an emission standard for total
hydrocarbons, nonmethane hydrocarbons, or total hydrocarbon equivalent;
or a combined emission standard for NOX and total
hydrocarbons, nonmethane hydrocarbons, or total hydrocarbon equivalent.
Identification number means a specification (for example, model
number/serial number combination) which allows a particular engine to be
distinguished from other similar engines.
Importer means an entity or person who imports engines from a
foreign country into the United States (including its territories).
Intermediate Speed means peak torque speed if peak torque speed
occurs from 60 to 75 percent of maximum test speed. If peak torque speed
is less than 60 percent of maximum test speed, intermediate speed means
60 percent of maximum test speed. If peak torque
[[Page 588]]
speed is greater than 75 percent of maximum test speed, intermediate
speed means 75 percent of maximum test speed.
Low hour engine means an engine during the interval between the time
that normal assembly operations and adjustments are completed and the
time that 300 additional operating hours have been accumulated
(including hours of operation accumulated during emission testing, if
performed).
Malfunction means a condition in which the operation of a component
in an engine occurs in a manner other than that specified by the
certifying manufacturer (e.g., as specified in the application for
certification); or the operation of an engine in that condition.
Manufacturer means any person engaged in the manufacturing or
assembling of new engines or importing 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. The term manufacturer includes post-
manufacturer marinizers, but does not include any dealer with respect to
new engines received by such person in commerce.
Manufacturer-owned engine means an uncertified marine engine that is
owned and controlled by a manufacturer, is used for product development,
and is not sold or leased.
Marine engine means an engine that is installed or intended to be
installed on a marine vessel. This definition does not include portable
auxiliary engines for which the fueling, cooling and exhaust systems are
not integral parts of the vessel.
Marine vessel has the meaning specified in the General Provisions of
the United States Code, 1 U.S.C. 3.
Maximum Test Power means:
(1) For Category 1 engines, the power output observed at the maximum
test speed with the maximum fueling rate possible.
(2) For Category 2 engines, 90 percent of the power output observed
at the maximum test speed with the maximum fueling rate possible.
Maximum test speed means the engine speed defined by Sec. 94.107 to
be the maximum engine speed to use during testing.
Maximum Test Torque means the torque output observed at the test
speed with the maximum fueling rate possible at that speed.
Method of aspiration means the method whereby air for fuel
combustion enters the engine (e.g., naturally aspirated or
turbocharged).
Model year 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 marine engine means:
(1)(i) A marine engine, the equitable or legal title to which has
never been transferred to an ultimate purchaser;
(ii) A marine engine installed on a vessel, the equitable or legal
title to such vessel has never been transferred to an ultimate
purchaser; or
(iii) A marine engine that has not been placed into service on a
vessel.
(2) Where the equitable or legal title to an engine or vessel is not
transferred to an ultimate purchaser prior to its being placed into
service, the engine ceases to be new after it is placed into service.
(3) With respect to imported engines, the term ``new marine engine''
means an engine that is not covered by a certificate of conformity under
this part at the time of importation, and that was manufactured after
the starting date of the emission standards in this part which are
applicable to such engine (or which would be applicable to such engine
had it been manufactured for importation into the United States).
New vessel means:
(1)(i) A vessel, the equitable or legal title to which has never
been transferred to an ultimate purchaser; or
(ii) For vessels with no Category 3 engines, a vessel that has been
modified such that the value of the modifications exceeds 50 percent of
the value of the modified vessel. The value of the modification is the
difference in the assessed value of the vessel before the modification
and the assessed value of the vessel after the modification.
[[Page 589]]
Use the following equation to determine if the fractional value of the
modification exceeds 50 percent:
Percent of value = [(Value after modification)-(Value before
modification)] x 100% (Value after modification)
(iii) For vessels with Category 3 engines, a vessel that has
undergone a modification, which:
(A) Substantially alters the dimensions or carrying capacity of the
vessel; or
(2) Changes the type of vessel; or
(3) Substantially prolongs the vessel's life.
(2) Where the equitable or legal title to a vessel is not
transferred to an ultimate purchaser prior to its being placed into
service, the vessel ceases to be new when it is placed into service.
Nonconforming marine engine means a marine engine which is not
covered by a certificate of conformity prior to importation or being
offered for importation (or for which such coverage has not been
adequately demonstrated to EPA); or a marine engine which was originally
covered by a certificate of conformity, but which is not in a certified
configuration, or otherwise does not comply with the conditions of that
certificate of conformity.
Note: This definition does not include domestic marine engines which
are not covered by a certificate of conformity prior to their
introduction into U.S. commerce; such engines are considered to be
``noncomplying marine engines.''
Oxides of nitrogen means nitric oxide and nitrogen dioxide. Oxides
of nitrogen are expressed quantitatively as if the nitric oxide were in
the form of nitrogen dioxide (oxides of nitrogen are assumed to have a
molecular weight equivalent to nitrogen dioxide).
Passenger has the meaning given by 46 U.S.C. 2101 (21) and (21a). In
the context of commercial vessels, this generally means that a passenger
is a person that pays to be on the vessel.
Post-manufacture marinizer means an entity that produces a marine
engine by modifying a non-marine engine, whether certified or
uncertified, complete or partially complete, where such entity is not
controlled by the manufacturer of the base engine or by an entity that
also controls the manufacturer of the base engine. In addition, vessel
manufacturers that substantially modify marine engines are post-
manufacture marinizers. For the purpose of this definition,
``substantially modify'' means changing an engine in a way that could
change engine emission characteristics.
Presentation of credentials means the display of the document
designating a person as an EPA enforcement officer.
Primary fuel means that type of fuel (e.g., petroleum distillate
diesel fuel) that is expected to be consumed in the greatest quantity
(volume basis) when the engine is operated in use.
Propulsion engine means an engine that moves a vessel through the
water or directs the movement of a vessel.
Recreational marine engine means a Category 1 propulsion marine
engine that is intended by the manufacturer to be installed on a
recreational vessel, and which is permanently labeled as follows: ``THIS
ENGINE IS CATEGORIZED AS A RECREATIONAL MARINE ENGINE UNDER 40 CFR PART
94. INSTALLATION OF THIS ENGINE IN ANY NONRECREATIONAL VESSEL IS A
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.''.
Recreational vessel has the meaning given in 46 U.S.C. 2101 (25),
but excludes ``passenger vessels'' and ``small passenger vessels'' as
defined by 46 U.S.C. 2101 (22) and (35) and excludes vessels used solely
for competition. In general, for this part, ``recreational vessel''
means a vessel that is intended by the vessel manufacturer to be
operated primarily for pleasure or leased, rented or chartered to
another for the latter's pleasure, excluding the following vessels:
(1) Vessels of less than 100 gross tons that carry more than 6
passengers (as defined in this section).
(2) Vessels of 100 gross tons or more that carry one or more
passengers (as defined in this section).
(3) Vessels used solely for competition.
Residual fuel means a petroleum product containing the heavier
compounds that remain after the distillate fuel oils (e.g., diesel fuel
and marine distillate fuel) and lighter hydrocarbons
[[Page 590]]
are distilled away in refinery operations.
Round means to round numbers according to ASTM E29-02 (incorporated
by reference in Sec. 94.5), unless otherwise specified.
Service life means the total life of an engine. Service life begins
when the engine is originally manufactured and continues until the
engine is permanently removed from service.
Specific emissions means emissions expressed on the basis of
observed brake power, using units of g/kW-hr. Observed brake power
measurement includes accessories on the engine if these accessories are
required for running an emission test (except for the cooling fan). When
it is not possible to test the engine in the gross conditions, for
example if the engine and transmission form a single integral unit, the
engine may be tested in the net condition. Power corrections from net to
gross conditions will be allowed with prior approval of the
Administrator.
Small-volume boat builder means a boat manufacturer with fewer than
500 employees and with annual U.S.-directed production of fewer than 100
boats. For manufacturers owned by a parent company, these limits apply
to the combined production and number of employees of the parent company
and all its subsidiaries.
Small-volume manufacturer means a manufacturer with annual U.S.-
directed production of fewer than 1,000 internal combustion engines
(marine and nonmarine). For manufacturers owned by a parent company, the
limit applies to the production of the parent company and all its
subsidiaries.
Spark-ignition means relating to a gasoline-fueled engine or other
engines with a spark plug (or other sparking device) and with operating
characteristics significantly similar to the theoretical Otto combustion
cycle. Spark-ignition engines usually use a throttle to regulate intake
air flow to control power during normal operation.
Specified by a certificate of conformity or specified in a
certificate of conformity means stated or otherwise specified in a
certificate of conformity or an approved application for certification.
Test engine means an engine in a test sample.
Test sample means the collection of engines or vessels selected from
the population of an engine family for emission testing.
Tier 1 means relating to an engine subject to the Tier 1 emission
standards listed in Sec. 94.8.
Tier 2 means relating to an engine subject to the Tier 2 emission
standards listed in Sec. 94.8.
Total Hydrocarbon Equivalent means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes, or
other organic compounds that are measured separately as contained in a
gas sample, expressed as petroleum-fueled engine hydrocarbons. The
hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1.
Trading means the exchange of engine emission credits between credit
holders.
Ultimate Purchaser means, with respect to any new engine or vessel,
the first person who in good faith purchases such new engine or vessel
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.
U.S.-directed production volume means the number of marine engine
units, subject to this part, produced by a manufacturer for which the
manufacturer has reasonable assurance that sale was or will be made to
ultimate purchasers in the United States.
Useful life means the period during which an engine is designed to
properly function in terms of reliability and fuel consumption, without
being remanufactured, specified as hours of operation and years. It is
the period during which a new engine is required to comply with all
applicable emission standards. (Note: Sec. 94.9(a) specifies minimum
requirements for useful life values.)
Vessel means a marine vessel.
Vessel operator means any individual that physically operates or
maintains a vessel, or exercises managerial control over the operation
of the vessel.
[[Page 591]]
Vessel owner means the individual or company that holds legal title
to a vessel.
Voluntary emission recall means a repair, adjustment, or
modification program voluntarily initiated and conducted by a
manufacturer to remedy any emission-related defect for which
notification of engine or vessel owners has been provided.
[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68341, Nov. 8, 2002; 68
FR 9781, Feb. 28, 2003]