[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: 40CFR1051.145]
[Page 627-630]
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. 1051.145 What provisions apply only for a limited time?
Apply the following provisions instead of others in this part for
the periods and circumstances specified in this section.
(a) Provisions for small-volume manufacturers. Special provisions
apply to you if you are a small-volume manufacturer subject to the
requirements of this part. Contact us before 2006 if you intend to use
these provisions.
(1) You may delay complying with otherwise applicable emission
standards (and other requirements) for two model years.
(2) If you are a small-volume manufacturer of snowmobiles, only 50
percent of the models you produce (instead of all of the models you
produce) must meet emission standards in the first two years they apply
to you as a small-volume manufacturer, as described in paragraph (a)(1)
of this section. For example, this alternate phase-in allowance would
allow small-volume snowmobile manufacturers to comply with the Phase 1
exhaust standards by certifying 50 percent of their snowmobiles in 2008,
50 percent of their snowmobiles in 2009, and 100 percent in 2010.
(3) Your vehicles for model years before 2011 may be exempt from the
exhaust standards of this part if you meet the following criteria:
(i) Produce your vehicles by installing engines covered by a valid
certificate of conformity under 40 CFR part 90 that shows the engines
meet standards for Class II engines for each engine's model year.
(ii) Do not change the engine in a way that we could reasonably
expect to increase its exhaust emissions.
(iii) The engine meets all applicable requirements from 40 CFR part
90. This applies to engine manufacturers, vehicle manufacturers who use
these engines, and all other persons as if these engines were not used
in recreational vehicles.
(iv) Show that fewer than 50 percent of the engine family's total
sales in the United States are used in recreational vehicles regulated
under this part. This includes engines used in any application, without
regard to which company manufactures the vehicle or equipment.
(v) If your engines do not meet the criteria listed in paragraph (a)
of this section, they will be subject to the provisions of this part.
Introducing these engines into commerce without a valid exemption or
certificate of conformity violates the prohibitions in 40 CFR 1068.101.
(vi) Engines exempted under this paragraph (a)(3) are subject to all
the requirements affecting engines under 40 CFR part 90. The
requirements and restrictions of 40 CFR part 90 apply to anyone
manufacturing these engines, anyone manufacturing equipment that uses
these engines, and all other persons in the same manner as other engines
subject to 40 CFR part 90.
(4) All vehicles produced under this paragraph (a) must be labeled
according to our specifications. The label must include the following:
(i) The heading ``EMISSION CONTROL INFORMATION''.
(ii) Your full corporate name and trademark.
(iii) A description of the provisions under which this section
applies to your vehicle .
(iv) Other information that we specify to you in writing.
(b) Optional emission standards for ATVs. To meet ATV standards for
model years before 2014, you may apply the exhaust emission standards by
model year in paragraph (b)(1) of this section while measuring emissions
using the engine-based test procedures in 40 CFR part 1065 instead of
the chassis-based test procedures in 40 CFR part 86. In model year 2014
you may apply this provision for exhaust emission engine families
representing up to 50 percent of your U.S.-directed production. This
provision is not available in the 2015 or later-model years. If you
certify only one ATV exhaust emission engine family in the 2014 model
year this provision is available for that family in the 2014 model year.
[[Page 628]]
(1) Follow Table 1 of this section for exhaust emission standards,
while meeting all the other requirements of Sec. 1051.107. You may use
emission credits to show compliance with these standards (see subpart H
of this part). You may not exchange emission credits with engine
families meeting the standards in Sec. 1051.107(a). You may also not
exchange credits between engine families certified to the standards for
engines above 225 cc and engine families certified to the standards for
engines below 225 cc. The phase-in percentages in the table specify the
percentage of your total U.S.-directed production that must comply with
the emission standards for those model years (i.e., the percentage
requirement does not apply separately for engine families above and
below 225 cc). Table 1 follows:
Table 1 of Sec. 1051.145--Optional Exhaust Emission Standards for ATVs (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
Emission standards Maximum
-------------------------- allowable
family
Engine displacement Model year Phase-in emission
(percent) HC+NOX CO limits
------------
HC+NOX
----------------------------------------------------------------------------------------------------------------
2006.................. 50 16.1 400 32.2
---------------------------------------------------------------------------
<225 cc............................. 2007 and 2008......... 100 16.1 400 32.2
---------------------------------------------------------------------------
2006.................. 50 13.4 400 26.8
---------------------------------------------------------------------------
=225 cc.................. 2007 and 2008......... 100 13.4 400 26.8
----------------------------------------------------------------------------------------------------------------
(2) Measure emissions by testing the engine on a dynamometer with
the steady-state duty cycle described in Table 2 of this section.
(i) During idle mode, hold the speed within your specifications,
keep the throttle fully closed, and keep engine torque under 5 percent
of the peak torque value at maximum test speed.
(ii) For the full-load operating mode, operate the engine at its
maximum fueling rate.
(iii) See part 1065 of this chapter for detailed specifications of
tolerances and calculations.
(iv) Table 2 follows:
Table 2 of Sec. 1051.145--6-Mode Duty Cycle for Recreational Engines
----------------------------------------------------------------------------------------------------------------
Torque
Engine speed (percent of
Mode No. (percent of maximum test Minimum time in Weighting
maximum test torque at test mode (minutes) factors
speed) speed)
----------------------------------------------------------------------------------------------------------------
1............................................ 85 100 5.0 0.09
----------------------------------------------------------------------------------------------------------------
2............................................ 85 75 5.0 0.20
----------------------------------------------------------------------------------------------------------------
3............................................ 85 50 5.0 0.29
----------------------------------------------------------------------------------------------------------------
4............................................ 85 25 5.0 0.30
----------------------------------------------------------------------------------------------------------------
5............................................ 85 10 5.0 0.07
----------------------------------------------------------------------------------------------------------------
6............................................ Idle 0 5.0 0.05
----------------------------------------------------------------------------------------------------------------
(3) For ATVs certified to the standards in this paragraph (b), use
the following equations to determine the normalized emission rate
required by Sec. 1051.137:
(i) For engines at or above 225 cc, use the following equation:
NER = 9.898 x log (HC + NOX) - 4.898
Where:
HC +NOX is the sum of the cycle-weighted emission rates for
hydrocarbons and oxides of nitrogen in g/kW-hr.
(ii) For engines below 225 cc, use the following equation:
[[Page 629]]
NER = 9.898 x log [(HC+NOX) 0.83] - 4.898
Where:
HC +NOX is the sum of the cycle-weighted emission rates for
hydrocarbons and oxides of nitrogen in g/kW-hr.
(c) [Reserved]
(d) Phase-in flexibility. For model years before 2014, if you make a
good faith effort to comply, but fail to meet the sales requirements of
this part during a phase-in period for new standards, or fail to meet
the average emission standards, we may approve an alternative remedy to
offset the emission reduction deficit using future emission credits
under this part. To apply for this, you must:
(1) Submit a plan during the certification process for the first
model year of the phase-in showing how you project to meet the sales
requirement of the phase-in.
(2) Notify us less than 30 days after you determine that you are
likely to fail to comply with the sales requirement of the phase-in.
(3) Propose a remedy that will achieve equivalent or greater
emission reductions compared to the specified phase-in requirements, and
that will offset the deficit within one model year.
(e) Raw sampling procedures. Using good engineering judgment, you
may use the alternate raw-sampling procedures instead of the procedures
described in 40 CFR part 1065 for emission testing certain vehicles, as
follows:
(1) Snowmobile. You may use the raw sampling procedures described in
40 CFR part 90 or 91 for snowmobiles before the 2010 model year.
(2) ATV. You may use the raw sampling procedures described in 40 CFR
part 90 or 91 for ATVs certified using engine-based test procedures as
specified in Sec. 1051.615 before the 2015 model year. You may use
these raw sampling procedures for any ATVs certified using engine-based
test procedures as specified in paragraph (b) of this section.
(f) Early credits. Snowmobile manufacturers may generate early
emission credits in one of the following ways, by certifying some or all
of their snowmobiles prior to 2006. Credit generating snowmobiles must
meet all other applicable requirements of this part. No early credits
may be generated by off-highway motorcycles or ATVs.
(1) You may certify one or more snowmobile engine families to FELs
(HC and CO) below the numerical level of the Phase 2 standards prior to
the date when compliance with the Phase 1 standard is otherwise
required. Credits are calculated relative to the Phase 2 standards.
Credits generated under this paragraph (f)(1) may be used at any time
before 2012.
(2) You may certify a snowmobile engine family to FELs (HC and CO)
below the numerical level of the Phase 1 standards prior to the date
when compliance with the Phase 1 standard is otherwise required. Credits
are calculated relative to the Phase 1 standards. Credits generated
under this paragraph (f)(2) may only be used for compliance with the
Phase 1 standards. You may generate credits under this paragraph (f)(2)
without regard to whether the FELs are above or below the numerical
level of the Phase 2 standards.
(g) Pull-ahead option for permeation emissions. Manufacturers
choosing to comply with an early tank permeation standard of 3.0 g/m\2\/
day prior to model year 2008 may be allowed to delay compliance with the
1.5 g/m\2\/day standard by earning credits, as follows:
(1) Calculate earned credits using the following equation:
Credit = (Baseline emissions - Pull-ahead level) x
[lsqbb][Sigma]i(Production)i x
(UL)i[rsqbb]
Where:
Baseline emissions = the baseline emission rate, as determined in
paragraph (g)(2) of this section.
Pull-ahead level = the permeation level to which you certify the tank,
which must be at or below 3.0 g/m\2\/day.
(Production)i = the annual production volume of vehicles in
the engine family for model year ``i'' times the average internal
surface area of the vehicles' fuel tanks.
(UL)i = The useful life of the engine family in model year
``i''.
(2) Determine the baseline emission level for calculating credits
using any of the following values:
(i) 7.6 g/m\2\/day.
(ii) The emission rate measured from your lowest-emitting,
uncontrolled fuel tank from the current or previous
[[Page 630]]
model year using the procedures in Sec. 1051.515. For example, this
would generally involve the fuel tank with the greatest wall thickness
for a given material.
(iii) The emission rate measured from an uncontrolled fuel tank that
is the same as or most similar to the model you have used during the
current or previous model year. However, you may use this approach only
if you use it to establish a baseline emission level for each unique
tank model you produce using the procedures in Sec. 1051.515.
(3) Pull-ahead tanks under this option must be certified and must
meet all applicable requirements other than those limited to compliance
with the exhaust standards.
(4) You may use credits generated under this paragraph (g) as
specified in subpart H of this part.
(h) Deficit credits for permeation standards. For 2008 through 2010
model years, you may have a negative balance of emission credits
relative to the permeation emission standards at the end of each model
year, subject to the following provisions:
(1) You must eliminate any credit deficit we allow under this
paragraph (h) by the end of the 2011 model year. If you are unable to
eliminate your credit deficit by the end of the 2011 model year, we may
void the certificates for all families certified to FELs above the
allowable average, for all affected model years.
(2) State in your application for certification a statement whether
you will have a negative balance of permeation emission credits for that
model year. If you project that you will have a negative balance,
estimate the credit deficit for each affected model year and present a
detailed plan to show where and when you will get credits to offset the
deficit by the end of the 2011 model year.
(3) In your end-of-year report under Sec. 1051.730, state whether
your credit deficit is larger or smaller than you projected in your
application for certification. If the deficit is larger than projected,
include in your end-of-year report an update to your detailed plan to
show how you will eliminate the credit deficit by the end of the 2011
model year.
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40491, July 13, 2005; 72
FR 20735, Apr. 26, 2007]