[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1048.605]



[Page 582-583]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1048_CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION 

ENGINES--Table of Contents

 

                     Subpart G_Compliance Provisions

 

Sec.  1048.605  What provisions apply to engines certified under the 

motor-vehicle program?



    (a) General provisions. If you are an engine manufacturer, this 

section allows you to introduce new nonroad engines into commerce if 

they are already certified to the requirements that apply to engines 

under 40 CFR parts 85 and 86 for the appropriate model year. If you 

comply with all the provisions of this section, we consider the 

certificate issued under 40 CFR part 86 for each engine to also be a 

valid certificate of conformity under this part 1048 for its model year, 

without a separate application for certification under the requirements 

of this part 1048. See Sec.  1048.610 for similar provisions that apply 

to engines certified to chassis-based standards for motor vehicles.

    (b) Equipment-manufacturer provisions. If you are not an engine 

manufacturer, you may produce nonroad equipment using motor-vehicle 

engines under this section as long as you meet all the requirements and 

conditions specified in paragraph (d) of this section. If you modify the 

motor-vehicle engine in any of the ways described in paragraph (d)(2) of 

this section, we will consider you a manufacturer of a new nonroad 

engine. Such engine modifications prevent you from using the provisions 

of this section.

    (c) Liability. Engines for which you meet the requirements of this 

section are exempt from all the requirements and prohibitions of this 

part, except for those specified in this section. Engines exempted under 

this section must meet all the applicable requirements from 40 CFR parts 

85 and 86. This applies to engine manufacturers, equipment manufacturers 

who use these engines, and all other persons as if these engines were 

used in a motor vehicle. The prohibited acts of 40 CFR 1068.101(a)(1) 

apply to these new engines and equipment; however, we consider the 

certificate issued under 40 CFR part 86 for each engine to also be a 

valid certificate of conformity under this part 1048 for its model year. 

If we make a determination that these engines do not conform to the 

regulations during their useful life, we may require you to recall them 

under 40 CFR part 86 or 40 CFR 1068.505.

    (d) Specific requirements. If you are an engine manufacturer or 

equipment manufacturer and meet all the following criteria and 

requirements regarding your new nonroad engine, the engine is eligible 

for an exemption under this section:

    (1) Your engine must be covered by a valid certificate of conformity 

issued under 40 CFR part 86.

    (2) You must not make any changes to the certified engine that could 

reasonably be expected to increase its exhaust emissions for any 

pollutant, or its evaporative emissions. For example, if you make any of 

the following changes to one of these engines, you do not qualify for 

this exemption:

    (i) Change any fuel system or evaporative system parameters from the 

certified configuration (this does not apply to refueling controls).



[[Page 583]]



    (ii) Change, remove, or fail to properly install any other 

component, element of design, or calibration specified in the engine 

manufacturer's application for certification. This includes 

aftertreatment devices and all related components.

    (iii) Modify or design the engine cooling system so that 

temperatures or heat rejection rates are outside the original engine 

manufacturer's specified ranges.

    (3) You must show that fewer than 50 percent of the engine family's 

total sales in the United States are used in nonroad applications. This 

includes engines used in any application without regard to which company 

manufactures the vehicle or equipment. Show this as follows:

    (i) If you are the original manufacturer of the engine, base this 

showing on your sales information.

    (ii) In all other cases, you must get the original manufacturer of 

the engine to confirm this based on its sales information.

    (4) You must ensure that the engine has the label we require under 

40 CFR part 86.

    (5) You must add a permanent supplemental label to the engine in a 

position where it will remain clearly visible after installation in the 

equipment. In the supplemental label, do the following:

    (i) Include the heading: ``NONROAD ENGINE EMISSION CONTROL 

INFORMATION''.

    (ii) Include your full corporate name and trademark. You may instead 

include the full corporate name and trademark of another company you 

choose to designate.

    (iii) State: ``THIS ENGINE WAS ADAPTED FOR NONROAD USE WITHOUT 

AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON 

THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE 

APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF 

FEDERAL LAW.''.

    (iv) State the date you finished modifying the engine (month and 

year), if applicable.

    (6) The original and supplemental labels must be readily visible 

after the engine is installed in the equipment or, if the equipment 

obscures the engine's emission control information label, the equipment 

manufacturer must attach duplicate labels, as described in 40 CFR 

1068.105.

    (7) Send the Designated Compliance Officer a signed letter by the 

end of each calendar year (or less often if we tell you) with all the 

following information:

    (i) Identify your full corporate name, address, and telephone 

number.

    (ii) List the engine or equipment models you expect to produce under 

this exemption in the coming year.

    (iii) State: ``We produce each listed [engine or equipment] model 

for nonroad application without making any changes that could increase 

its certified emission levels, as described in 40 CFR 1048.605.''.

    (e) Failure to comply. If your engines do not meet the criteria 

listed in paragraph (d) of this section, they will be subject to the 

standards, requirements, and prohibitions of this part 1048 and the 

certificate issued under 40 CFR part 86 will not be deemed to also be a 

certificate issued under this part 1048. Introducing these engines into 

commerce without a valid exemption or certificate of conformity under 

this part violates the prohibitions in 40 CFR 1068.101(a)(1).

    (f) Data submission. We may require you to send us emission test 

data on any applicable nonroad duty cycles.

    (g) Participation in averaging, banking and trading. Engines adapted 

for nonroad use under this section may generate credits under the ABT 

provisions in 40 CFR part 86. These engines must use emission credits 

under 40 CFR part 86 if they are certified to an FEL that exceeds an 

applicable standard under 40 CFR part 86.



[70 FR 40479, July 13, 2005]