[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: 40CFR94.9]

[Page 595-596]
 
                   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. 94.9  Compliance with emission standards.

    (a) The general standards and requirements in Sec. 94.7 and the 
emission standards in Sec. 94.8 apply to each new engine throughout its 
useful life period. The useful life is specified both in years and in 
hours of operation, and ends when either of the values (hours of 
operation or years) is exceeded.
    (1) The minimum useful life is 10 years or 10,000 hours of operation 
for Category 1, 10 years or 20,000 hours of operation for Category 2, 
and 3 years or 10,000 hours of operation for Category 3.

[[Page 596]]

    (2) The manufacturer shall specify a longer useful life if the 
engine is designed to remain in service longer than the applicable 
minimum useful life without being rebuilt. A manufacturer's recommended 
time to remanufacture/rebuild longer than the minimum useful life is one 
indicator of a longer design life.
    (3) Upon request by the manufacturer, the Administrator may allow 
useful life values shorter than the minimum values specified in 
paragraph (a)(1) of this section, provided:
    (i) The useful life value may not be shorter than any of the 
following:
    (A) 1000 hours of operation.
    (B) The manufacturer's recommended overhaul interval.
    (C) The mechanical warranty provided by the manufacturer to the 
owner.
    (ii) The manufacturer must have documentation from in-use engines 
showing that these engines will rarely operate longer than the alternate 
useful life.
    (iii) The manufacturer displays the useful life on the engine label.
    (b) Certification is the process by which manufacturers apply for 
and obtain certificates of conformity from EPA, which allows the 
manufacturer to introduce into commerce new marine engines for sale or 
use in the U.S.
    (1) Compliance with the applicable emission standards by an engine 
family shall be demonstrated by the certifying manufacturer before a 
certificate of conformity may be issued under Sec. 94.208. Manufacturers 
shall demonstrate compliance using emission data, measured using the 
procedures specified in Subpart B of this part, from a low hour engine. 
A development engine that is equivalent in design to the marine engines 
being certified may be used for Category 2 or Category 3 certification.
    (2) The emission values to compare with the standards shall be the 
emission values of a low hour engine, or a development engine, adjusted 
by the deterioration factors developed in accordance with the provisions 
of Sec. 94.219. Before comparing any emission value with the standard, 
round it to the same number of significant figures contained in the 
applicable standard.
    (c) Upon request by the manufacturer, the Administrator may limit 
the applicability of exhaust emission requirements of Sec. 94.8(e) as 
necessary for safety or to otherwise protect the engine.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68342, Nov. 8, 2002; 68 
FR 9783, Feb. 28, 2003]