[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR89.1]
[Page 38-41]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 89_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES--Table of Contents
Subpart A_General
Sec. 89.1 Applicability.
Subpart A_General
Sec.
89.1 Applicability.
89.2 Definitions.
89.3 Acronyms and abbreviations.
89.4 [Reserved]
89.5 Table and figure numbering; position.
89.6 Reference materials.
89.7 Treatment of confidential information.
Appendix A to Subpart A--State Regulation of Nonroad Internal Combustion
Engines
Subpart B_Emission Standards and Certification Provisions
89.101 Applicability.
89.102 Effective dates, optional inclusion, flexibility for equipment
manufacturers.
89.103 Definitions.
89.104 Useful life, recall, and warranty periods.
89.105 Certificate of conformity.
89.106 Prohibited controls.
89.107 Defeat devices.
89.108 Adjustable parameters, requirements.
89.109 Maintenance instructions and minimum allowable maintenance
intervals.
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89.110 Emission control information label.
89.111 Averaging, banking, and trading of exhaust emissions.
89.112 Oxides of nitrogen, carbon monoxide, hydrocarbon, and particulate
matter exhaust emission standards.
89.113 Smoke emission standard.
89.114 Special and alternate test procedures.
89.115 Application for certificate.
89.116 Engine families.
89.117 Test fleet selection.
89.118 Deterioration factors and service accumulation.
89.119 Emission tests.
89.120 Compliance with emission standards.
89.121 Certificate of conformity effective dates.
89.122 Certification.
89.123 Amending the application and certificate of conformity.
89.124 Record retention, maintenance, and submission.
89.125 Production engines, annual report.
89.126 Denial, revocation of certificate of conformity.
89.127 Request for hearing.
89.128 Hearing procedures.
89.129 Right of entry.
89.130 Rebuild practices.
Subpart C_Averaging, Banking, and Trading Provisions
89.201 Applicability.
89.202 Definitions.
89.203 General provisions.
89.204 Averaging.
89.205 Banking.
89.206 Trading.
89.207 Credit calculation.
89.208 Labeling.
89.209 Certification.
89.210 Maintenance of records.
89.211 End-of-year and final reports.
89.212 Notice of opportunity for hearing.
Subpart D_Emission Test Equipment Provisions
89.301 Scope; applicability.
89.302 Definitions.
89.303 Symbols/abbreviations.
89.304 Equipment required for gaseous emissions; overview.
89.305 Equipment measurement accuracy/calibration frequency.
89.306 Dynamometer specifications and calibration weights.
89.307 Dynamometer calibration.
89.308 Sampling system requirements for gaseous emissions.
89.309 Analyzers required for gaseous emissions.
89.310 Analyzer accuracy and specifications.
89.311 Analyzer calibration frequency.
89.312 Analytical gases.
89.313 Initial calibration of analyzers.
89.314 Pre- and post-test calibration of analyzers.
89.315 Analyzer bench checks.
89.316 Analyzer leakage and response time.
89.317 NOX converter check.
89.318 Analyzer interference checks.
89.319 Hydrocarbon analyzer calibration.
89.320 Carbon monoxide analyzer calibration.
89.321 Oxides of nitrogen analyzer calibration.
89.322 Carbon dioxide analyzer calibration.
89.323 NDIR analyzer calibration.
89.324 Calibration of other equipment.
89.325 Engine intake air temperature measurement.
89.326 Engine intake air humidity measurement.
89.327 Charge cooling.
89.328 Inlet and exhaust restrictions.
89.329 Engine cooling system.
89.330 Lubricating oil and test fuels.
89.331 Test conditions.
Appendix A to Subpart D--Tables
Appendix B to Subpart D--Figures
Subpart E_Exhaust Emission Test Procedures
89.401 Scope; applicability.
89.402 Definitions.
89.403 Symbols/abbreviations.
89.404 Test procedure overview.
89.405 Recorded information.
89.406 Pre-test procedures.
89.407 Engine dynamometer test run.
89.408 Post-test procedures.
89.409 Data logging.
89.410 Engine test cycle.
89.411 Exhaust sample procedure--gaseous components.
89.412 Raw gaseous exhaust sampling and analytical system description.
89.413 Raw sampling procedures.
89.414 Air flow measurement specifications.
89.415 Fuel flow measurement specifications.
89.416 Raw exhaust gas flow.
89.417 Data evaluation for gaseous emissions.
89.418 Raw emission sampling calculations.
89.419 Dilute gaseous exhaust sampling and analytical system
description.
89.420 Background sample.
89.421 Exhaust gas analytical system; CVS bag sample.
89.422 Dilute sampling procedures--CVS calibration.
89.423 [Reserved]
89.424 Dilute emission sampling calculations.
89.425 [Reserved]
Appendix A to Subpart E--Figures
Appendix B to Subpart E--Tables 1
[[Page 40]]
Subpart F_Selective Enforcement Auditing
89.501 Applicability.
89.502 Definitions.
89.503 Test orders.
89.504 Testing by the Administrator.
89.505 Maintenance of records; submittal of information.
89.506 Right of entry and access.
89.507 Sample selection.
89.508 Test procedures.
89.509 Calculation and reporting of test results.
89.510 Compliance with acceptable quality level and passing and failing
criteria for selective enforcement audits.
89.511 Suspension and revocation of certificates of conformity.
89.512 Request for public hearing.
89.513 Administrative procedures for public hearing.
89.514 Hearing procedures.
89.515 Appeal of hearing decision.
89.516 Treatment of confidential information.
Appendix A to Subpart F--Sampling Plans for Selective Enforcement
Auditing of Nonroad Engines
Subpart G_Importation of Nonconforming Nonroad Engines
89.601 Applicability.
89.602 Definitions.
89.603 General requirements for importation of nonconforming nonroad
engines.
89.604 Conditional admission.
89.605 Final admission of certified nonroad engines.
89.606 Inspection and testing of imported nonroad engines.
89.607 Maintenance of independent commercial importer's records.
89.608 ``In Use'' inspections and recall requirements.
89.609 Final admission of modification nonroad engines and test nonroad
engines.
89.610 Maintenance instructions, warranties, emission labeling.
89.611 Exemptions and exclusions.
89.612 Prohibited acts; penalties.
89.613 Treatment of confidential information.
89.614 Importation of partially complete engines.
Subpart H_Recall Regulations
89.701 Applicability.
89.702 Definitions.
89.703 Applicability of part 85, subpart S.
Subpart I_Emission Defect Reporting Requirements
89.801 Applicability.
89.802 Definitions.
89.803 Applicability of part 85, subpart T.
Subpart J_Exemption Provisions
89.901 Applicability.
89.902 Definitions.
89.903 Application of section 216(10) of the Act.
89.904 Who may request an exemption.
89.905 Testing exemption.
89.906 Manufacturer-owned exemption and precertification exemption.
89.907 Display exemption.
89.908 National security exemption.
89.909 Export exemptions.
89.910 Granting of exemptions.
89.911 Submission of exemption requests.
89.912 Treatment of confidential information.
89.913 What provisions apply to engines certified under the motor-
vehicle program?
89.914 What provisions apply to vehicles certified under the motor-
vehicle program?
89.915 Staged-assembly exemption.
Subpart K_General Enforcement Provisions and Prohibited Acts
89.1001 Applicability.
89.1002 Definitions.
89.1003 Prohibited acts.
89.1004 General enforcement provisions.
89.1005 Injunction proceedings for prohibited acts.
89.1006 Penalties.
89.1007 Warranty provisions.
89.1008 In-use compliance provisions.
89.1009 What special provisions apply to branded engines?
Authority: 42 U.S.C. 7401-7671q.
Source: 59 FR 31335, June 17, 1994, unless otherwise noted.
(a) This part applies for all compression-ignition nonroad engines
(see definition of ``nonroad engine'' in Sec. 89.2) except those
specified in paragraph (b) of this section. This means that the engines
for which this part applies include but are not limited to the
following:
(1) Compression-ignition engines exempted from the requirements of
40 CFR Part 92 by 40 CFR 92.907;
(2) Compression-ignition engines exempted from the requirements of
40 CFR Part 94 by 40 CFR 94.907;
(3) Portable compression-ignition engines that are used in but not
installed
[[Page 41]]
in marine vessels (as defined in the General Provisions of the United
States Code, 1 U.S.C. 3);
(4) Non-propulsion compression-ignition engines used in locomotives;
and
(5) Compression-ignition marine engines with rated power under 37
kW.
(b) (1) Aircraft engines. This part does not apply for engines used
in aircraft (as defined in 40 CFR 87.1).
(2) Mining engines. This part does not apply for engines used in
underground mining of engines used in underground mining equipment and
regulated by the Mining Safety and Health Administration (MSHA) in 30
CFR Parts 7, 31, 32, 36, 56, 57, 70, and 75.
(3) Locomotive engines. This part does not apply for engines that:
(i) Are subject to the standards of 40 CFR part 92; or
(ii) Are exempted from the requirements of 40 CFR part 92 by
exemption provisions of 40 CFR part 92 other than those specified in 40
CFR 92.907.
(4) Marine engines. This part does not apply for engines that:
(i) Are subject to the standards of 40 CFR part 94;
(ii) Are exempted from the requirements of 40 CFR part 94 by
exemption provisions of 40 CFR part 94 other than those specified in 40
CFR 94.907 or 94.912.
(iii) Are marine engines (as defined in 40 CFR part 94) with rated
power at or above 37kW that are manufactured in calendar years in which
the standards of 40 CFR part 94 are not yet applicable.
(5) Hobby engines. This part does not apply for engines with a per-
cylinder displacement of less than 50 cubic centimeters.
(6) Tier 4 engines. This part does not apply to engines that are
subject to emission standards under 40 CFR part 1039. See 40 CFR 1039.1
to determine when that part 1039 applies. Note that certain requirements
and prohibitions apply to engines built on or after January 1, 2006 if
they are installed in stationary applications or in equipment that will
be used solely for competition, as described in 40 CFR 1039.1 and 40 CFR
1068.1; those provisions apply instead of the provisions of this part
89.
(c) In certain cases, the regulations in this part 89 apply to
engines at or above 250 kW that would otherwise be covered by 40 CFR
part 1048. See 40 CFR 1048.620 for provisions related to this allowance.
[64 FR 73330, Dec. 29, 1999, as amended at 69 FR 39212, June 29, 2004;
70 FR 40444, July 13, 2005]