[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: 40CFR1068.30]



[Page 819-821]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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

Contents

 

          Subpart A_Applicability and Miscellaneous Provisions

 

Sec.  1068.30  What definitions apply to this part?



    The following definitions apply to this part. The definitions apply 

to all subparts unless we note otherwise. All undefined terms have the 

meaning the Act gives to them. The definitions follow:

    Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.

    Aftertreatment means relating to a catalytic converter, particulate 

filter, or any other system, component, or technology mounted downstream 

of the exhaust valve (or exhaust port) whose design function is to 

reduce emissions in the engine exhaust before it is exhausted to the 

environment. Exhaust-gas recirculation (EGR) is not aftertreatment.

    Aircraft means any vehicle capable of sustained air travel above 

treetop heights.

    Certificate holder means a manufacturer (including importers) with a 

currently valid certificate of conformity for at least one engine family 

in a given model year.

    Days means calendar days, including weekends and holidays.

    Defeat device means has the meaning given in the standard-setting 

part.

    Designated Officer means the Manager of the Engine Programs Group 

(6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 

Washington, DC 20460.

    Emission-related defect means a defect in design, materials, or 

workmanship (in an emission-control device or vehicle component or 

system) that affects an emission-related component, parameter, or 

specification that is identified in Appendix I or Appendix II of this 

part. Using an incorrect emission-related component is an emission-

related defect.

    Engine means an engine to which this part applies. For equipment 

subject to this part and regulated under equipment-based standards, the 

term engine in this part shall be interpreted to include equipment.

    Engine-based means having emission standards in units of grams of 

pollutant per kilowatt-hour, and which apply to the engine. Emission 

standards are either engine-based or equipment-based.

    Engine manufacturer means the manufacturer that is subject to the 

certification requirements of the standard-setting part. For vehicles 

and equipment subject to this part and regulated under vehicle-based or 

equipment-based standards, the term engine manufacturer in this part 

includes vehicle and equipment manufacturers.

    Equipment means any vehicle, vessel, or other type of equipment that 

is subject to the requirements of this part, or that uses an engine that 

is subject to the requirements of this part.

    Equipment-based means having emission standards that apply to the 

equipment in which an engine is used, without regard to how the 

emissions are measured. Where equipment-based standards apply, we 

require that the equipment be certified, rather than just the engine. 

Emission standards are either engine-based or equipment-based.

    Equipment manufacturer means any company manufacturing a piece of 

equipment (such as a vehicle).

    Exempted means relating to an engine that is not required to meet 

otherwise applicable standards. Exempted engines must conform to 

regulatory conditions specified for an exemption in this part 1068 or in 

the standard-setting part. Exempted engines are deemed to be ``subject 

to'' the standards of the standard-setting part, even though they are 

not required to comply with the otherwise applicable requirements. 

Engines exempted with respect to a certain tier of standards may be 

required to comply with an earlier tier of standards as a condition of 

the exemption; for example, engines exempted with respect to Tier 3 

standards may be required to comply with Tier 1 or Tier 2 standards.

    Good engineering judgment means judgments made consistent with 

generally accepted scientific and engineering principles and all 

available relevant information. See 40 CFR 1068.5 for the administrative 

process we use



[[Page 820]]



to evaluate good engineering judgment.

    Manufacturer has the meaning given in section 216(1) of the Act (42 

U.S.C. 7550(1)). In general, this term includes any person who 

manufactures an engine or vehicle for sale in the United States or 

otherwise introduces a new engine or vehicle into commerce in the United 

States. This includes importers that import new engines or new equipment 

into the United States for resale. It also includes secondary engine 

manufacturers, as described in Sec.  1068.255.

    Motor vehicle has the meaning given in 40 CFR 85.1703(a).

    New has the meaning we give it in the standard-setting part.

    Nonroad engine means:

    (1) Except as discussed in paragraph (2) of this definition, a 

nonroad engine is any internal combustion engine:

    (i) In or on a piece of equipment that is self-propelled or serves a 

dual purpose by both propelling itself and performing another function 

(such as garden tractors, off-highway mobile cranes and bulldozers); or

    (ii) In or on a piece of equipment that is intended to be propelled 

while performing its function (such as lawnmowers and string trimmers); 

or

    (iii) That, by itself or in or on a piece of equipment, is portable 

or transportable, meaning designed to be and capable of being carried or 

moved from one location to another. Indicia of transportability include, 

but are not limited to, wheels, skids, carrying handles, dolly, trailer, 

or platform.

    (2) An internal combustion engine is not a nonroad engine if:

    (i) The engine is used to propel a motor vehicle, an aircraft, or 

equipment used solely for competition, or is subject to standards 

promulgated under section 202 of the Act (42 U.S.C. 7521); or

    (ii) The engine is regulated by a federal New Source Performance 

Standard promulgated under section 111 of the Act (42 U.S.C. 7411); or

    (iii) The engine otherwise included in paragraph (1)(iii) of this 

definition remains or will remain at a location for more than 12 

consecutive months or a shorter period of time for an engine located at 

a seasonal source. A location is any single site at a building, 

structure, facility, or installation. Any engine (or engines) that 

replaces an engine at a location and that is intended to perform the 

same or similar function as the engine replaced will be included in 

calculating the consecutive time period. An engine located at a seasonal 

source is an engine that remains at a seasonal source during the full 

annual operating period of the seasonal source. A seasonal source is a 

stationary source that remains in a single location on a permanent basis 

(i.e., at least two years) and that operates at that single location 

approximately three months (or more) each year. This paragraph (2)(iii) 

does not apply to an engine after the engine is removed from the 

location.

    Operating hours means:

    (1) For engine storage areas or facilities, times during which 

people other than custodians and security personnel are at work near, 

and can access, a storage area or facility.

    (2) For other areas or facilities, times during which an assembly 

line operates or any of the following activities occurs:

    (i) Testing, maintenance, or service accumulation.

    (ii) Production or compilation of records.

    (iii) Certification testing.

    (iv) Translation of designs from the test stage to the production 

stage.

    (v) Engine manufacture or assembly.

    Piece of equipment means any vehicle, vessel, locomotive, aircraft, 

or other type of equipment using engines to which this part applies.

    Placed into service means used for its intended purpose.

    Reasonable technical basis means information that would lead a 

person familiar with engine design and function to reasonably believe a 

conclusion, related to compliance with the requirements of this part. 

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.

    Revoke means to terminate the certificate or an exemption for an 

engine family. If we revoke a certificate or exemption, you must apply 

for a new certificate or exemption before continuing



[[Page 821]]



to introduce the affected engines into commerce. This does not apply to 

engines you no longer possess.

    Standard-setting part means the part in the Code of Federal 

Regulations that defines emission standards for a particular engine (see 

Sec.  1068.1(a)). For example, the standard-setting part for non-

recreational spark-ignition engines over 19 kW is part 1048 of this 

chapter.

    Suspend means to temporarily discontinue the certificate or an 

exemption for an engine family. If we suspend a certificate, you may not 

introduce into commerce engines from that engine family unless we 

reinstate the certificate or approve a new one. If we suspend an 

exemption, you may not introduce into commerce engines that were 

previously covered by the exemption unless we reinstate the exemption.

    Ultimate purchaser means the first person who in good faith 

purchases a new nonroad engine or new piece of equipment for purposes 

other than resale.

    United States means the States, the District of Columbia, the 

Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 

Islands, Guam, American Samoa, and the U.S. Virgin Islands.

    U.S.-directed production volume means the number of engine units, 

subject to the requirements of this part, produced by a manufacturer for 

which the manufacturer has a reasonable assurance that sale was or will 

be made to ultimate purchasers in the United States.

    We (us, our) means the Administrator of the Environmental Protection 

Agency and any authorized representatives.

    Void means to invalidate a certificate or an exemption ab initio. If 

we void a certificate, all the engines introduced into commerce under 

that engine family for that model year are considered noncompliant, and 

you are liable for each engine introduced into commerce under the 

certificate and may face civil or criminal penalties or both. This 

applies equally to all engines in the engine family, including engines 

introduced into commerce before we voided the certificate. If we void an 

exemption, all the engines introduced into commerce under that exemption 

are considered uncertified (or nonconforming), and you are liable for 

each engine introduced into commerce under the exemption and may face 

civil or criminal penalties or both. You may not introduce into commerce 

any additional engines using the voided exemption.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39264, June 29, 2004; 70 

FR 40511, July 13, 2005]