[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: 40CFR94.205]

[Page 614-615]
 
                   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 C--Certification Provisions
 
Sec. 94.205  Prohibited controls, adjustable parameters.

    (a) Any system installed on, or incorporated in, a new engine to 
enable the engine to conform to the standards contained in this part:
    (1) Shall not cause a violation of the general standards of 
Sec. 94.7.
    (2) Shall function during all in-use operation, except as otherwise 
allowed by this part.
    (b)(1) Category 1 marine engines equipped with adjustable parameters 
must comply with all requirements of this subpart for any adjustment in 
the physically adjustable range.
    (2) Category 2 and Category 3 marine engines equipped with 
adjustable parameters must comply with all requirements of this subpart 
for any adjustment in the approved adjustable range.
    (c) The Administrator may require that adjustable parameters be set 
to any specification within its adjustable range for certification, 
selective enforcement audit, or in-use testing to determine compliance 
with the requirements of this subpart.
    (d) In specifying the adjustable range of each adjustable parameter 
on a new engine, the manufacturer, shall:
    (1) Ensure that safe engine operating characteristics are available 
within that range, as required by section 202(a)(4) of the Clean Air 
Act, taking into consideration the production tolerances; and
    (2) To the maximum extent practicable, limit the physical range of 
adjustability to that which is necessary for proper operation of the 
engine.
    (e) Tier 1 Category 3 marine engines shall be adjusted according to 
the manufacturer's specifications for testing.
    (f) For Category 3 marine engines, manufacturers must specify in the 
maintenance instructions how to adjust the engines to achieve emission 
performance equivalent to the performance demonstrated under the 
certification test conditions. This must address all necessary 
adjustments, including those required to address differences in fuel 
quality or ambient temperatures. For example, equivalent emissions 
performance can be measured relative to optimal engine performance that 
could be achieved in the absence of emission standards (i.e., the 
calibration that result in the lowest fuel consumption and/or maximum 
firing pressure). In this example, adjustments that achieved the same 
percent reduction in NOX emissions from the optimal 
calibration would be considered to be equivalent. Alternatively, if the 
engine uses injection timing retard

[[Page 615]]

and EGR to reduce emissions, then retarding timing the same number of 
degrees (relative to optimal engine performance) and using the same rate 
of EGR at the different conditions would be considered to be equivalent.

[64 FR 73331, Dec. 29, 1999, as amended at 68 FR 9785, Feb. 28, 2003]