[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: 40CFR89.120]



[Page 62-63]

 

                   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.  89.120  Compliance with emission standards.



    (a) If all test engines representing an engine family have emissions 

less than or equal to each emission standard, that family complies with 

the emission standards.

    (b) If any test engine representing an engine family has emissions 

greater than each emission standard, that family will be deemed not in 

compliance with the emission standard(s).

    (c) For each nonroad engine family, except Tier 1 engine families 

with rated power at or above 37 kW that do not employ aftertreatment, a 

deterioration factor must be determined and applied.

    (1) The applicable exhaust emission standards (or family emission 

limits, as appropriate) for nonroad compression-ignition engines apply 

to the emissions of engines for their useful life.

    (2) [Reserved]

    (3)(i) This paragraph (c)(3) describes the procedure for determining 

compliance of an engine with emission standards (or family emission 

limits, as appropriate), based on deterioration factors supplied by the 

manufacturer. The NMHC + NOX deterioration factors shall be 

established based on the sum of the pollutants, except as provided in 

paragraph (c)(3)(iv) of this section. When establishing deterioration 

factors for NMHC + NOX. a negative deterioration (emissions 

decrease from the official emissions test result) for one pollutant may 

not offset deterioration of the other pollutant.

    (ii) Separate emission deterioration factors, determined by the 

manufacturer according to the requirements of Sec.  89.118, shall be 

provided in the certification application for each engine-system 

combination. Separate deterioration factors shall be established for 

each regulated pollutant, except that a combined NMHC + NOX 

deterioration factor shall be established for compression-ignition 

nonroad engines not utilizing aftertreatment technology. For smoke 

testing, separate deterioration factors shall also be established for 

the acceleration mode (designated as ``A''), the lugging mode 

(designated as ``B''), and peak opacity (designated as ``C'').

    (iii) Compression-ignition nonroad engines not utilizing 

aftertreatment technology (e.g., particulate traps). For CO, NMHC + 

NOX. and particulate, the official exhaust emission results 

for each emission data engine at the selected test point shall be 

adjusted by addition of the appropriate deterioration factor. However, 

if the deterioration factor supplied by the manufacturer is less than 

zero, it shall be zero for the purposes of this paragraph (c)(3)(iii).

    (iv) Compression-ignition nonroad engines utilizing aftertreatment 

technology (e.g., particulate traps). For CO, NMHC + NOX. and 

particulate, the official exhaust emission results for each emission 

data engine at the selected test point shall be adjusted by 

multiplication by the appropriate deterioration factor. Separate NMHC 

and NOX deterioration factors shall be applied to the results 

for these pollutants prior to combining the results. If the 

deterioration factor supplied by the manufacturer is less than one, it 

shall be one for the purposes of this paragraph (c)(3)(iv).

    (v) For acceleration smoke (``A''), lugging smoke (``B''), and peak 

opacity (``C''), the official exhaust emission results for each emission 

data engine at the selected test point shall be adjusted by the addition 

of the appropriate deterioration factor. However if the deterioration 

supplied by the manufacturer is less than zero, it shall be zero for the 

purposes of this paragraph (c)(3)(v).

    (vi) The emission values to compare with the standards (or family 

emission limits, as appropriate) shall be the adjusted emission values 

of paragraphs (c)(3)(iii) through (v) of this section, rounded to the 

same number of significant figures as contained in the applicable 

standard in accordance with



[[Page 63]]



ASTM E29-93a, for each emission data engine. This procedure has been 

incorporated by reference at Sec.  89.6.

    (4) Every test engine of an engine family must comply with all 

applicable standards (or family emission limits, as appropriate), as 

determined in paragraph (c)(3)(vi) of this section, before any engine in 

that family will be certified.

    (d) For engine families included in the averaging, banking, and 

trading program, the families' emission limits (FELs) are used in lieu 

of the applicable federal emission standard.

    (e) For the purposes of setting an NMHC + NOX 

certification level or FEL, one of the following options shall be used 

for the determination of NMHC for an engine family. The manufacturer 

must declare which option is used in its application for certification 

of that engine family.

    (1) The manufacturer may assume that up to two percent of the 

measured THC is methane (NMHC = 0.98 x THC).

    (2) The manufacturer may measure NMHC emissions using a method 

approved by the Administrator prior to the start of testing. This option 

allows the determination of NMHC emissions by subtracting measured 

methane emissions from measured THC emissions.



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

57004, Oct. 23, 1998]