[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.107]

[Page 604-605]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES
--Table of Contents
 
          Subpart B_Emission Standards and Related Requirements
 
Sec. 1051.107  What are the exhaust emission standards for all-terrain 
vehicles (ATVs) and offroad utility vehicles?

    This section specifies the exhaust emission standards that apply to 
ATVs. As is described in Sec. 1051.1(a)(4), offroad utility vehicles 
that are subject to this part are subject to these same standards.
    (a) Apply the exhaust emission standards in this section by model 
year. Measure emissions with the ATV test procedures in subpart F of 
this part.
    (1) Follow Table 1 of this section for exhaust emission standards. 
You may use the averaging, banking, and trading provisions of subpart H 
of this part to show compliance with these HC+NOX standards 
(an engine family meets emission standards even if its family emission 
limit is higher than the standard, as long as you show that the whole 
averaging set of applicable engine families meet the applicable emission 
standards using emission credits, and the vehicles within the family 
meet the family emission limit). Table 1 also shows the maximum value 
you may specify for a family emission limit. The phase-in values in the 
table specify the percentage of your total U.S.-directed production that 
must comply with the emission standards for those model years. Calculate 
this compliance percentage based on a simple count of production units 
within the engine family. This applies to your total production of ATVs 
and offroad utility vehicles that are subject to the standards of this 
part; including both ATVs and offroad utility vehicles subject to the 
standards of this section and ATVs and offroad utility vehicles 
certified to the standards of other sections in this part 1051 (such as 
Sec. 1051.615, but not including vehicles certified under other parts 
in this chapter (such as 40 CFR part 90). Table 1 follows:

                     Table 1 of Sec. 1051.107--Exhaust Emission Standards for ATVs (g/km)
----------------------------------------------------------------------------------------------------------------
                                                                 Emission standards     Maximum allowable family
                                                   Phase-in  --------------------------      emission limits
            Phase                 Model year      (percent)                            -------------------------
                                                                 HC+NOX         CO         HC+NOX         CO
----------------------------------------------------------------------------------------------------------------
Phase 1......................  2006............           50          1.5           35         20.0           50
                               2007 and later..          100          1.5           35         20.0           50
----------------------------------------------------------------------------------------------------------------

    (2) You may certify ATVs with engines that have total displacement 
of less than 100 cc to the exhaust emission exhaust standards in Sec. 
1051.615 instead of certifying them to the exhaust emission standards of 
this section.
    (b) Apply the exhaust emission standards in this section for ATVs 
using each type of fuel specified in 40 CFR 1065, subpart C for which 
they are designed to operate. You must meet the numerical emission 
standards for hydrocarbons in this section based on the following types 
of hydrocarbon emissions for ATVs powered by the following fuels:
    (1) Gasoline- and LPG-fueled ATVs: THC emissions.
    (2) Natural gas-fueled ATVs: NMHC emissions.
    (3) Alcohol-fueled ATVs: THCE emissions.
    (c) Your ATVs must meet emission standards over their full useful 
life (Sec. 1051.240 describes how to use deterioration factors to show 
this). The minimum useful life is 10,000 kilometers, 1000 hours of 
engine operation, or five years, whichever comes first. You must specify 
a longer useful life for the engine family in terms of kilometers and 
hours if the average service life of your vehicles is longer than the 
minimum value, as follows:
    (1) Except as allowed by paragraph (c)(2) of this section, your 
useful life (in kilometers) may not be less than either of the 
following:
    (i) Your projected operating life from advertisements or other 
marketing materials for any vehicles in the engine family.
    (ii) Your basic mechanical warranty for any engines in the engine 
family.
    (2) Your useful life may be based on the average service life of 
vehicles in the engine family if you show that the

[[Page 605]]

average service life is less than the useful life required by paragraph 
(c)(1) of this section, but more than the minimum useful life (10,000 
kilometers or 1,000 hours of engine operation). In determining the 
actual average service life of vehicles in an engine family, we will 
consider all available information and analyses. Survey data is allowed 
but not required to make this showing.