[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: 40CFR94.218]

[Page 628-629]
 
                   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. 94.218  Deterioration factor determination.

    Manufacturers shall determine exhaust emission deterioration factors 
using good engineering judgement according to the provisions of this 
section. Every deterioration factor must be, in the Administrator's 
judgment, consistent with emissions increases observed in-use based on 
emission testing of similar engines. Deterioration factors that predict 
emission increases over the useful life of an engine that are 
significantly less than the emission increases over the useful life 
observed from in-use testing of similar engines shall not be used.
    (a) A separate exhaust emission deterioration factor shall be 
established for each engine family and for each emission constituent 
applicable to that family.
    (b) Calculation procedures. (1) For engines not utilizing 
aftertreatment technology (e.g., catalyst). For each applicable emission 
constituent, an additive deterioration factor 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 is less than zero, it 
shall be zero for the purposes of this section.
    (2) For engines utilizing aftertreatment technology (e.g., 
catalyst). For each applicable emission constituent, a multiplicative 
deterioration factor 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 is less than one, it shall be one for the purposes 
of this section.
    (c) Rounding. (1) In the case of a multiplicative exhaust emission 
deterioration factor, round the factor to three places to the right of 
the decimal point.
    (2) In the case of an additive exhaust emission deterioration 
factor, round the factor shall to at least two places to the right of 
the decimal point.
    (d)(1) Except as allowed by paragraph (d)(2) of this section, the 
manufacturer shall determine the deterioration factors for Category 1 
and Category 2 engines based on service accumulation and related 
testing, according to the manufacturer's procedures, and the provisions 
of Secs. 94.219 and 94.220. The manufacturer shall determine the form 
and extent of this service accumulation, consistent with good 
engineering practice, and shall describe this process in the application 
for certification.
    (2) Alternatives to service accumulation and testing for the 
determination of a deterioration factor. A written explanation of the 
appropriateness of using an alternative must be included in the 
application for certification.
    (i) Carryover and carryacross of durability emission data. In lieu 
of testing an emission data or durability data engine selected under 
Sec. 94.217 or Sec. 94.219, and submitting the resulting data, a 
manufacturer may, with Administrator approval, use exhaust emission 
deterioration data on a similar engine for which certification to the 
same standard has previously been obtained or for which all applicable 
data required under this subpart have previously been submitted. These 
data must be submitted in the application for certification.
    (ii) Use of non-marine deterioration data. In the case where a 
manufacturer produces a certified motor vehicle engine, locomotive 
engine, or other nonroad engine that is similar to the marine engine to 
be certified, deterioration data from the non-marine engine may be 
applied to the marine engine. This application of deterioration data 
from such an engine to a marine engine is subject to Administrator 
approval, and the determination of whether the engines are similar shall 
be based on good engineering judgment.
    (iii) Engineering analysis for established technologies. In the case 
where an engine family uses technology which is well established, an 
analysis based on

[[Page 629]]

good engineering practices may be used in lieu of testing to determine a 
deterioration factor for that engine family. Engines using exhaust gas 
recirculation or aftertreatment are excluded from this provision. The 
manufacturer shall provide a written statement to the Administrator that 
all data, analyses, test procedures, evaluations, and other documents, 
on which the deterioration factor is based, are available to the 
Administrator upon request.
    (iv) Assigned deterioration factors. Small-volume manufacturers may 
use deterioration factors established by EPA.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68346, Nov. 8, 2002; 68 
FR 9786, Feb. 28, 2003]