[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: 40CFR1068.120]



[Page 825-826]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of 

Contents

 

          Subpart B_Prohibited Actions and Related Requirements

 

Sec.  1068.120  What requirements must I follow to rebuild engines?



    (a) This section describes the steps to take when rebuilding engines 

to avoid violating the tampering prohibition in Sec.  1068.101(b)(1). 

These requirements apply to anyone rebuilding an engine subject to this 

part, but the recordkeeping requirements in paragraphs (j) and (k) of 

this section apply only to businesses.

    (b) The term ``rebuilding'' refers to a rebuild of an engine or 

engine system, including a major overhaul in which you replace the 

engine's pistons or power assemblies or make other changes that 

significantly increase the service life of the engine. It also includes 

replacing or rebuilding an engine's turbocharger or aftercooler or the 

engine's systems for fuel metering or electronic control so that it 

significantly increases the service life of the engine. For these 

provisions, rebuilding may or may not involve removing the engine from 

the equipment. Rebuilding does not normally include the following:

    (1) Scheduled emission-related maintenance that the standard-setting 

part allows during the useful life period (such as replacing fuel 

injectors).

    (2) Unscheduled maintenance that occurs commonly within the useful 

life period. For example, replacing a water pump is not rebuilding an 

engine.

    (c) For maintenance or service that is not rebuilding, you may not 

make changes that might increase emissions



[[Page 826]]



of any pollutant, but you do not need to keep any records.

    (d) If you rebuild an engine or engine system, you must have a 

reasonable technical basis for knowing that the rebuilt engine's 

emission-control system performs as well as, or better than, it performs 

in its certified configuration. Identify the model year of the resulting 

engine configuration. You have a reasonable basis if you meet two main 

conditions:

    (1) Install parts--new, used, or rebuilt--so a person familiar with 

engine design and function would reasonably believe that the engine with 

those parts will control emissions of all pollutants at least to the 

same degree as with the original parts. For example, it would be 

reasonable to believe that parts performing the same function as the 

original parts (and to the same degree) would control emissions to the 

same degree as the original parts.

    (2) Adjust parameters or change design elements only according to 

the original engine manufacturer's instructions. Or, if you differ from 

these instructions, you must have data or some other technical basis to 

show you should not expect in-use emissions to increase.

    (e) If the rebuilt engine remains installed or is reinstalled in the 

same piece of equipment, you must rebuild it to the original 

configuration or another certified configuration of the same or later 

model year.

    (f) If the rebuilt engine replaces another certified engine in a 

piece of equipment, you must rebuild it to a certified configuration of 

the same model year as, or a later model year than, the engine you are 

replacing.

    (g) Do not erase or reset emission-related codes or signals from 

onboard monitoring systems without diagnosing and responding 

appropriately to any diagnostic codes. This requirement applies 

regardless of the manufacturer's reason for installing the monitoring 

system and regardless of its form or interface. Clear any codes from 

diagnostic systems when you return the rebuilt engine to service. Do not 

disable a diagnostic signal without addressing its cause.

    (h) When you rebuild an engine, check, clean, adjust, repair, or 

replace all emission-related components (listed in Appendix I of this 

part) as needed according to the original manufacturer's recommended 

practice. In particular, replace oxygen sensors, replace the catalyst if 

there is evidence of malfunction, clean gaseous fuel system components, 

and replace fuel injectors (if applicable), unless you have a reasonable 

technical basis for believing any of these components do not need 

replacement.

    (i) If you are installing an engine that someone else has rebuilt, 

check all emission-related components listed in Appendix I of this part 

as needed according to the original manufacturer's recommended practice.

    (j) Keep at least the following records:

    (1) Identify the hours of operation (or mileage, as appropriate) at 

time of rebuild.

    (2) Identify the work done on the engine or any emission-related 

control components, including a listing of parts and components you 

used.

    (3) Describe any engine parameter adjustments.

    (4) Identify any emission-related codes or signals you responded to 

and reset.

    (k) You must show us or send us your records if we ask for them. 

Keep records for at least two years after rebuilding an engine. Keep 

them in any format that allows us to readily review them.

    (1) You do not need to keep information that is not reasonably 

available through normal business practices. We do not expect you to 

have information that you cannot reasonably access.

    (2) You do not need to keep records of what other companies do.

    (3) You may keep records based on engine families rather than 

individual engines if that is the way you normally do business.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39266, June 29, 2004]