[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.107]

[Page 619-620]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES
AND VEHICLES--Table of Contents
 
          Subpart B_Emission Standards and Related Requirements
 
Sec.  1051.107  What are the exhaust emission standards for all-terrain vehicles (ATVs) and offroad utility vehicles?

    This section specifies the exhaust emission standards that apply to 
ATVs. As is described in Sec.  1051.1(a)(4), offroad utility vehicles 
that are subject to this part are subject to these same standards.
    (a) Apply the exhaust emission standards in this section by model 
year. Measure emissions with the ATV test procedures in subpart F of 
this part.
    (1) Follow Table 1 of this section for exhaust emission standards. 
You may generate or use emission credits under the averaging, banking, 
and trading (ABT) program for HC+NOX emissions, as described 
in subpart H of this part. This requires that you specify a family 
emission limit for each pollutant you include in the ABT program for 
each engine family. These family emission limits serve as the emission 
standards for the engine family with respect to all required testing 
instead of the standards specified in this section. An engine family 
meets emission standards even if its family emission limit is higher 
than the standard, as long as you show that the whole averaging set of 
applicable engine families meets the applicable emission standards using 
emission credits, and the vehicles within the family meet the family 
emission limit. Table 1 also shows the maximum value you may specify for 
a family emission limit. The phase-in values in the table specify the 
percentage of your total U.S.-directed production that must comply with 
the emission standards for those model years.
    Calculate this compliance percentage based on a simple count of your 
U.S.-directed production units within each certified engine family 
compared with a simple count of your total U.S.-directed production 
units. This applies to your total production of ATVs and offroad utility 
vehicles that are subject to the standards of this part; including both 
ATVs and offroad utility vehicles subject to the standards of this 
section and ATVs and offroad utility vehicles certified to the standards 
of other sections in this part 1051 (such as Sec.  1051.615, but not 
including vehicles certified under other parts in this

[[Page 620]]

chapter (such as 40 CFR part 90). Table 1 follows:

                                         Table 1 of Sec.  1051.107--Exhaust Emission Standards for ATVs (g/km)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                Emission standards           Maximum allowable family
                                                                             Phase-in    --------------------------------         emission limits
                   Phase                             Model year              (percent)                                   -------------------------------
                                                                                              HC+NOX            CO            HC+NOX            CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phase 1...................................  2006........................              50             1.5              35            20.0  ..............
                                            2007 and later..............             100             1.5              35            20.0  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (2) You may certify ATVs with engines that have total displacement 
of less than 100 cc to the exhaust emission standards in Sec.  1051.615 
instead of certifying them to the exhaust emission standards of this 
section. Count all such vehicles in the phase-in (percent) requirements 
of this section.
    (b) The exhaust emission standards in this section apply for ATVs 
using the fuel type on which they are designed to operate. You must meet 
the numerical emission standards for hydrocarbons in this section based 
on the following types of hydrocarbon emissions for ATVs powered by the 
following fuels:
    (1) Gasoline- and LPG-fueled ATVs: THC emissions.
    (2) Natural gas-fueled ATVs: NMHC emissions.
    (3) Alcohol-fueled ATVs: THCE emissions.
    (c) Your ATVs must meet emission standards over their full useful 
life. For ATVs with engines that have total displacement of 100 cc or 
greater, the minimum useful life is 10,000 kilometers, 1000 hours of 
engine operation, or five years, whichever comes first. For ATVs with 
engines that have total displacement of less than 100 cc, the minimum 
useful life is 5,000 kilometers, 500 hours of engine operation, or five 
years, whichever comes first. You must specify a longer useful life for 
the engine family in terms of kilometers and hours if the average 
service life of your vehicles is longer than the minimum value, as 
follows:
    (1) Except as allowed by paragraph (c)(2) of this section, your 
useful life (in kilometers) may not be less than either of the 
following:
    (i) Your projected operating life from advertisements or other 
marketing materials for any vehicles in the engine family.
    (ii) Your basic mechanical warranty for any engines in the engine 
family.
    (2) Your useful life may be based on the average service life of 
vehicles in the engine family if you show that the average service life 
is less than the useful life required by paragraph (c)(1) of this 
section, but more than the minimum useful life (10,000 kilometers or 
1,000 hours of engine operation). In determining the actual average 
service life of vehicles in an engine family, we will consider all 
available information and analyses. Survey data is allowed but not 
required to make this showing.

[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40488, July 13, 2005]