[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: 40CFR1051.145]
[Page 610-613]
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. 1051.145 What provisions apply only for a limited time?
Apply the following provisions instead of others in this part for
the periods and circumstances specified in this section.
(a) Provisions for small-volume manufacturers. Special provisions
apply to you if you are a small-volume manufacturer subject to the
requirements of this part. Contact us before 2006 if you intend to use
these provisions.
(1) You may delay complying with otherwise applicable emission
standards (and other requirements) for two model years.
(2) If you are a small-volume manufacturer of snowmobiles, only 50
percent of the models you produce (instead of all of the models you
produce) must meet emission standards in the first two years they apply
to you as a small-volume manufacturer, as described in paragraph (a)(1)
of this section. For example, this alternate phase-in allowance would
allow small-volume snowmobile manufacturers to
[[Page 611]]
comply with the Phase 1 exhaust standards by certifying 50 percent of
their snowmobiles in 2008, 50 percent of their snowmobiles in 2009, and
100 percent in 2010.
(3) Your vehicles for model years before 2011 may be exempt from the
exhaust standards of this part if you meet the following criteria:
(i) Produce your vehicles by installing engines covered by a valid
certificate of conformity under 40 CFR part 90 that shows the engines
meet standards for Class II engines for each engine's model year.
(ii) Do not change the engine in a way that we could reasonably
expect to increase its exhaust emissions.
(iii) The engine meets all applicable requirements from 40 CFR part
90. This applies to engine manufacturers, vehicle manufacturers who use
these engines, and all other persons as if these engines were not used
in recreational vehicles.
(iv) Demonstrate that fewer than 50 percent of the engine model's
total sales, from all companies, are used in recreational vehicles
regulated under this part.
(4) All vehicles certified or exempted under this paragraph (a) must
be labeled according to our specifications. The label must include the
following:
(i) The heading ``EMISSION CONTROL INFORMATION''.
(ii) Your full corporate name and trademark.
(iii) A description of the provisions under which the vehicle is
either exempted or certified.
(iv) Other information that we specify to you in writing.
(b) Optional emission standards for ATVs. To meet ATV standards for
model years before 2009, you may apply the exhaust emission standards by
model year in paragraph (b)(1) of this section while measuring emissions
using the engine-based test procedures in 40 CFR part 1065 instead of
the chassis-based test procedures in 40 CFR part 86.
(1) Follow Table 1 of this section for exhaust emission standards,
while meeting all the other requirements of Sec. 1051.107. You may use
emission credits to show compliance with these standards (see subpart H
of this part). You may not exchange emission credits with engine
families meeting the standards in Sec. 1051.107(a). You may also not
exchange credits between engine families certified to the standards for
engines above 225 cc and engine families certified to the standards for
engines below 225 cc. The phase-in percentages in the table specify the
percentage of your U.S.-directed production that must comply with the
emission standards for those model years. Table 1 follows:
Table 1 of Sec. 1051.145--Optional Exhaust Emission Standards for ATVs (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
Emission standards Maximum
-------------------------- allowable
family
Engine displacement Model year Phase-in emission
(percent) HC+NOX CO limits
------------
HC+NOX
----------------------------------------------------------------------------------------------------------------
2006.................. 50 16.1 400 32.2
-------------------------
<225 cc............................. 2007 and 2008......... 100 16.1 400 32.2
-------------------------
2006.................. 50 13.4 400 26.8
-------------------------
=225 cc.................. 2007 and 2008......... 100 13.4 400 26.8
----------------------------------------------------------------------------------------------------------------
(2) Measure emissions by testing the engine on a dynamometer with
the steady-state duty cycle described in Table 2 of this section.
(i) During idle mode, hold the speed within your specifications,
keep the throttle fully closed, and keep engine torque under 5 percent
of the peak torque value at maximum test speed.
(ii) For the full-load operating mode, operate the engine at its
maximum fueling rate.
(iii) See part 1065 of this chapter for detailed specifications of
tolerances and calculations.
[[Page 612]]
(iv) Table 2 follows:
Table 2 of Sec. 1051.145--6-Mode Duty Cycle for Recreational Engines
----------------------------------------------------------------------------------------------------------------
Torque
Engine speed (percent of
Mode No. (percent of maximum test Minimum time in Weighting
maximum test torque at test mode (minutes) factors
speed) speed)
----------------------------------------------------------------------------------------------------------------
1............................................ 85 100 5.0 0.09
----------------------------------------------
2............................................ 85 75 5.0 0.20
----------------------------------------------
3............................................ 85 50 5.0 0.29
----------------------------------------------
4............................................ 85 25 5.0 0.30
----------------------------------------------
5............................................ 85 10 5.0 0.07
----------------------------------------------
6............................................ Idle 0 5.0 0.05
----------------------------------------------------------------------------------------------------------------
(3) For ATVs certified to the standards in this paragraph (b) use
the following equation to determine the normalized emission rate
required by Sec. 1051.135(g):
NER = 9.898 x log(HC + NOX - 4.898
Where:
HC +NOX is the sum of the cycle-weighted emission rates for
hydrocarbons and oxides of nitrogen in g/kW-hr.
(c) Production-line testing. Vehicles certified to the Phase 1 or
Phase 2 standards in Sec. 1051.103, or the Phase 1 standards in
Sec. Sec. 1051.105 or 1051.107 are exempt from the production-line
testing requirements of subpart D of this part if they are certified
without participating in the emission averaging, banking and trading
program described in Subpart H of this part.
(d) Phase-in flexibility. For model years before 2014, if you make a
good faith effort to comply, but fail to meet the sales requirements of
this part during a phase-in period for new standards, or fail to meet
the average emission standards, we may approve an alternative remedy to
offset the emission reduction deficit using future emission credits
under this part. To apply for this, you must:
(1) Submit a plan during the certification process for the first
model year of the phase-in showing how you project to meet the sales
requirement of the phase-in.
(2) Notify us less than 30 days after you determine that you are
likely to fail to comply with the sales requirement of the phase-in.
(3) Propose a remedy that will achieve equivalent or greater
emission reductions compared to the specified phase-in requirements, and
that will offset the deficit within one model year.
(e) Snowmobile testing. You may use the raw sampling procedures
described in 40 CFR part 91, subparts D and E, for emission testing of
snowmobiles for model years prior to 2010. For later model years, you
may use these procedures if you show that they produce emission
measurements equivalent to the otherwise specified test procedures.
(f) Early credits. Snowmobile manufacturers may generate early
emission credits in one of the following ways, by certifying some or all
of their snowmobiles prior to 2006. Credit generating snowmobiles must
meet all other applicable requirements of this part. No early credits
may be generated by off-highway motorcycles or ATVs.
(1) You may certify one or more snowmobile engine families to FELs
(HC and CO) below the numerical level of the Phase 2 standards prior to
the date when compliance with the Phase 1 standard is otherwise
required. Credits are calculated relative to the Phase 2 standards.
Credits generated under this paragraph (f)(1) may be used at any time
before 2012.
(2) You may certify a snowmobile engine family to FELs (HC and CO)
below the numerical level of the Phase 1 standards prior to the date
when compliance with the Phase 1 standard is
[[Page 613]]
otherwise required. Credits are calculated relative to the Phase 1
standards. Credits generated under this paragraph (f)(2) may only be
used for compliance with the Phase 1 standards. You may generate credits
under this paragraph (f)(2) without regard to whether the FELs are above
or below the numerical level of the Phase 2 standards.
(g) Pull-ahead option for permeation emissions. Manufacturers
choosing to comply with an early tank permeation standard of 3.0 g/m\2\/
day prior to model year 2008 may be allowed to delay compliance with the
1.5 g/m\2\/day standard, for an equivalent number of tanks, subject to
the following provisions:
(1) Pull-ahead tanks meeting the 3.0 g/m\2\/day standard must be
certified and must meet all applicable requirements other than those
limited to compliance with the exhaust standards.
(2) Tanks for which compliance with the 1.5 g/m\2\/day standard is
delayed must meet the 3.0 g/m\2\/day standard.
(3) You may delay compliance with the 1.5 g/m\2\/day standard for
one tank for one year for each tank-year of credit generated early.
(4) You may not use credits for a tank that is larger than the tank
from which you generated the credits.