[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: 40CFR89.118]



[Page 60-61]

 

                   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 B_Emission Standards and Certification Provisions

 

Sec.  89.118  Deterioration factors and service accumulation.



    This section applies to service accumulation used to determine 

deterioration factors and service accumulation used to condition test 

engines. Paragraphs (a) and (b) of this section apply only for service 

accumulation used to condition test engines. Paragraph (e) of this 

section applies only for service accumulation used to determine 

deterioration factors. Paragraphs (c) and (d) of this section apply for 

all service accumulation required by this part.

    (a)(1) Each test engine in the test fleet must be operated with all 

emission control systems operating properly for a period sufficient to 

stabilize emissions.

    (2) A manufacturer may elect to consider as stabilized emission 

levels from engines with no more than 125 hours of service.

    (b) No maintenance, other than recommended lubrication and filter 

changes, may be performed during service accumulation without the 

Administrator's approval.

    (c) Service accumulation should be performed in a manner using good 

engineering judgment to ensure that emissions are representative of in-

use engines.

    (d) The manufacturer must maintain, and provide to the Administrator 

if requested, records stating the rationale for selecting the service 

accumulation period and records describing the method used to accumulate 

service hours on the test engine(s).

    (e) This paragraph (e) describes service accumulation and 

alternative requirements for the purpose of developing deterioration 

factor.

    (1) Service accumulation on engines, subsystems, or components 

selected by the manufacturer under Sec.  89.117(d). The manufacturer 

shall describe the form and extent of this service accumulation in the 

application for certification.

    (2) Determination of exhaust emission deterioration factors. The 

manufacturer shall determine the deterioration factors in accordance 

with the applicable provisions of this part based on service 

accumulation and related testing, according to the manufacturer's 

procedures, except as provided in paragraph (e)(3) of this section.

    (3) Alternatives to service accumulation and testing for the 

determination of a deterioration factor. A written explanation of the 

appropriateness of using an alternative must be included in the 

application for certification.

    (i) Carryover and carryacross of durability emission data. In lieu 

of testing an emission data or durability data engine selected under 

Sec.  89.117(d), a manufacturer may, with Administrator approval, use 

exhaust emission deterioration data on a similar engine for which 

certification to the same standard has previously been obtained or for 

which all applicable data required under Sec.  89.124 has previously 

been submitted. This data must be submitted in the application for 

certification.

    (ii) Use of on-highway deterioration data. In the case where a 

manufacturer produces a certified on-highway engine that is similar to 

the nonroad engine to be certified, deterioration data from the on-

highway engine may be applied to the nonroad engine. This application of 

deterioration data from an on-highway engine to a nonroad engine is 

subject to Administrator approval, and the determination of whether the 

engines are similar must be based on good engineering judgment.

    (iii) Engineering analysis for established technologies. (A) In the 

case where an engine family uses established technology, an analysis 

based on good engineering practices may be used



[[Page 61]]



in lieu of testing to determine a deterioration factor for that engine 

family, subject to Administrator approval.

    (B) Engines for which the certification levels are not at or below 

the Tier 3 NMHC+NOX standards described in Sec.  89.112 are 

considered established technology, except as provided in paragraph 

(e)(3)(iii)(D) of this section.

    (C) Manufacturers may petition the Administrator to consider an 

engine with a certification level below the Tier 3 +NOX 

standards as established technology. This petition must be based on 

proof that the technology used is not significantly different than that 

used on engines that have certification levels that are not below the 

Tier 3 NMHC+NOX levels.

    (D) Engines using exhaust gas recirculation or aftertreatment are 

excluded from the provision set forth in paragraphs (e)(3)(iii)(A) 

through (e)(3)(iii)(C) of this section.

    (E) The manufacturer shall provide a written statement to the 

Administrator that all data, analyses, test procedures, evaluations, and 

other documents, on which the deterioration factor is based, are 

available to the Administrator upon request.

    (iv) Interim provision for engines rated under 37 kW. For model year 

1999 and 2000 engines rated under 37 kW, manufacturers may determine 

deterioration factors based on good engineering judgement and reasonably 

available information. The manufacturer must maintain and provide to the 

Administrator, if requested, all information used to determine 

deterioration factors for these engines.



[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR 56995, 

57003, Oct. 23, 1998]