Test Procedures for Testing Highway and Nonroad Engines and
Omnibus Technical Amendments
[Federal Register: September 10, 2004 (Volume 69, Number 175)]
[Proposed Rules]
[Page 54995-55015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se04-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 85, 86, 89, 90, 91, 92, 94, 1039, 1048, 1051, 1065,
and 1068
[AMS-FRL-7803-7]
RIN 2060-AM35
Test Procedures for Testing Highway and Nonroad Engines and
Omnibus Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
Table 1 of Sec. 1065.715.--Test Fuel Specifications for Natural Gas
------------------------------------------------------------------------
Item Reference procedure Value
------------------------------------------------------------------------
1. Methane, CH4............. ASTM D 1945-96...... Minimum, 87.0
[mu]mol/mol.
2. Ethane, C2H6............. ASTM D 1945-96...... Maximum, 5.5 [mu]mol/
mol.
3. Propane, C3H8............ ASTM D 1945-96...... Maximum, 1.2 [mu]mol/
mol.
4. Butane, C4H10............ ASTM D 1945-96...... Maximum, 0.35
[mu]mol/mol.
5. Pentane, C5H12........... ASTM D 1945-96...... Maximum, 0.13
[mu]mol/mol.
6. C6 and higher............ ASTM D 1945-96...... Maximum, 0.1 [mu]mol/
mol.
7. Oxygen................... ASTM D 1945-96...... Maximum, 1.0 [mu]mol/
mol.
8. Inert gases (sum of CO2 ASTM D 1945-96...... Maximum, 5.1 [mu]mol/
and N2). mol.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.
1065.1010.
(b) At ambient conditions, natural gas must have a distinctive odor
detectable down to a concentration in air not more than one-fifth the
lower flammability limit.
Sec. 1065.720 Liquefied petroleum gas.
(a) Liquefied petroleum gas for testing must meet the
specifications in the following table:
Table 1 of Sec. 1065.720--Test Fuel Specifications for Liquefied
Petroleum Gas
------------------------------------------------------------------------
Reference procedure
Item \1\ Value
------------------------------------------------------------------------
1. Propane, C3H8............ ASTM D 2163-91...... Minimum, 850,000
[mu]m\3\/m\3\.
2. Vapor pressure at 38 ASTM D 1267-02 or Maximum, 1400 kPa.
[deg]C. 2598-02 \2\.
3. Volatility residue ASTM D 1837-02...... Maximum -38 [deg]C.
(evaporated temperature,
35[deg]C).
4. Butanes.................. ASTM D 2163-91...... Maximum, 50,000
[mu]m\3\/m\3\.
5. Butenes.................. ASTM D 2163-91...... Maximum, 20,000
[mu]m\3\/m\3\.
6. Pentenes and heavier..... ASTM D 2163-91...... Maximum, 5,000
[mu]m\3\/m\3\.
7. Propene.................. ASTM D 2163-91...... Maximum, 100,000
[mu]m\3\/m\3\.
8. Residual matter (residue ASTM D 2158-02...... Maximum, 0.05 ml
on evap. of 100) ml oil pass.\3\
stain observ.).
9. Corrosion, copper strip.. ASTM D 1838-91...... Maximum, No. 1.
10. Sulfur.................. ASTM D 2784-98...... Maximum, 80 mg/kg.
11. Moisture content........ ASTM D 2713-91...... Pass.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in Sec.
1065.1010.
\2\ If these two test methods yield different results, use the results
from ASTM D 1267-02.
\3\ The test fuel must not yield a persistent oil ring when you add 0.3
ml of solvent residue mixture to a filter paper in 0.1 ml increments
and examine it in daylight after two minutes.
(b) At ambient conditions, liquefied petroleum gas must have a
distinctive odor detectable down to a concentration in air not more
than one-fifth the lower flammability limit.
Sec. 1065.740 Lubricants.
(a) Use commercially available lubricating oil that represents the
oil that will be used in your engine in use.
(b) You may use lubrication additives, up to the levels that the
additive manufacturer recommends.
Sec. 1065.745 Coolants.
(a) You may use commercially available antifreeze mixtures or other
coolants that will be used in your engine in use.
(b) For laboratory testing of liquid-cooled engines, you may use
water with or without rust inhibitors.
(c) For coolants allowed in paragraphs (a) and (b) of this section,
you may use rust inhibitors and additives required for lubricity, up to
the levels that the additive manufacturer recommends.
Sec. 1065.750 Analytical Gases.
Analytical gases must meet the accuracy and purity specifications
of this section, unless you can show that other specifications would
not affect your ability to show that your engines comply with all
applicable emission standards.
(a) Subparts C and D of this part refer to the following gas
specifications:
(1) Use purified gases to zero measurement instruments and to blend
with calibration gases. Use gases with contamination up to the highest
of the following values in the gas cylinder or at the outlet of a zero-
gas generator:
(i) 2% contamination, measured relative to the flow-weighted
average concentration expected at the standard.
(ii) 2% contamination, measured relative to the flow-weighted
average concentration measured during testing.
(iii) Contamination as specified in the following table:
Table 1 of Sec. 1065.750--General Specifications for Purified Gases
------------------------------------------------------------------------
Constituent Purified Air \1\ Purified N 2 \1\
------------------------------------------------------------------------
THC (C1 equivalent)......... < 0.05 [mu]mol/mol.. < 0.05 [mu]mol/mol.
CO1 [mu]mol/mol............. < 1 [mu]mol/mol.....
CO2......................... < 10 [mu]mol/mol.... < 10 [mu]mol/mol.
O2.......................... 0.205 to 0.215 mol/ < 2 [mu]mol/mol.
mol.
[[Page 54996]]
NOX......................... < 0.02 [mu]mol/mol.. < 0.02 [mu]mol/mol.
------------------------------------------------------------------------
\1\ We do not require that these levels of purity be traceable to NIST
standards.
(2) Use the following gases with a flame-ionization detector (FID)
analyzer:
(i) Use FID fuel with an H2 concentration of (0.4 ±0.02)
mol/mol, balance He. Make sure the mixture contains no more than 0.05
[mu]mol/mol THC.
(ii) Use FID burner air that meets the specifications of purified
air in paragraph (a)(1) of this section.
(iii) Zero flame-ionization detectors with purified air meeting the
specifications in paragraph (a)(1) of this section.
(3) Use the following gas mixtures, with gases traceable within
±1% of the NIST true value or other gas standards we
approve:
(i) CH4, balance purified synthetic air or
N2.
(ii) C2H6, balance purified synthetic air or
N2.
(iii) C3H8, balance purified synthetic air or
N2.
(iv) CO, balance purified N2.
(v) CO2, balance purified N2.
(vi) NO, balance purified N2.
(vii)) NO2, balance purified N2.
(viii) O2, balance purified N2.
(ix) C3H8, CO, CO2, NO, balance
purified N2.
(4) You may use gases for species other than those listed in
paragraph (a)(3) of this section (such as methanol in air, which you
may use to determine response factors), as long as they are traceable
to ±1% of the NIST true value or other similar standards we
approve.
(5) You may generate your own calibration gases using a precision
blending device, such as a gas divider, to dilute gases with purified
N2 or purified synthetic air. Gas dividers must meet the
specifications in Sec. 1065.248.
(b) Record the concentration of any calibration gas standard and
its expiration date specified by the gas supplier. Do not use any
calibration gas standard after its expiration date.
(c) Transfer gases from their source to analyzers using components
that are dedicated to controlling and transferring only those gases.
For example, do not use a regulator, valve, or transfer line for zero
gas if those components were previously used to transfer a different
gas mixture. We recommend that you label regulators, valves, and
transfer lines to prevent contamination. Note that even small traces of
a gas mixture in the dead volume of a regulator, valve, or transfer
line can diffuse upstream into a high-pressure volume of gas, which
would contaminate the entire high-pressure gas source, such as a
compressed-gas cylinder.
Sec. 1065.790 Mass standards.
(a) PM balance calibration weights. Use PM balance calibration
weights that are certified as traceable to NIST standards to within
0.1% uncertainty. Calibration weights may be certified by any
calibration lab that maintains NIST traceability. Make sure your lowest
calibration weight has no greater than ten times the mass of an unused
PM-sample medium.
(b) Dynamometer calibration weights. [Reserved]
Subpart I--Testing With Oxygenated Fuels
Sec. 1065.801 Applicability.
(a) This subpart applies for testing with oxygenated fuels. Unless
the standard-setting part specifies otherwise, the requirements of this
subpart do not apply for fuels that contain less than 25% oxygenated
compounds by volume. For example, you generally do not need to follow
the requirements of this subpart for tests performed using a fuel
containing 10% ethanol and 90% gasoline, but you must follow these
requirements for tests performed using a fuel containing 85% ethanol
and 15% gasoline.
(b) This subpart specifies sampling procedures and calculations
that are different than those used for non-oxygenated fuels. All other
test procedures of this part 1065 apply for testing with oxygenated
fuels.
Sec. 1065.805 Sampling system.
(a) Proportionally dilute engine exhaust, and use batch sampling
collect flow-weighted dilute samples at a constant flow rate.
(b) You may collect background samples for correcting dilution air
for background concentrations.
(c) Maintain sample temperatures within probes and sample lines
that prevent aqueous condensation up to the point where a sample is
collected.
(d) You may bubble a sample of the exhaust through water to collect
alcohols for later analysis.
(e) For alcohol-containing oxygenated fuels, sample the exhaust
through cartridges impregnated with 2,4-dinitrophenylhydrazine to
collect carbonyls for later analysis. If the standard-setting part
specifies a duty cycle that has multiple test intervals (such as
multiple engine starts or an engine-off soak phase), you may
proportionally collect a single carbonyl sample for the entire duty
cycle.
(f) You may use a photo-acoustic analyzer to quantify ethanol and
methanol in an exhaust sample.
(g) Use good engineering judgment to sample other oxygenated
hydrocarbon compounds in the exhaust.
Sec. 1065.810 Calculations.
Use the calculations specified in Sec. 1065.665 to determine THCE
or NMHCE.
Subpart J--Field Testing
Sec. 1065.901 Applicability.
(a) The test procedures in this subpart measure brake-specific
emissions from engines while they are installed in vehicles in the
field.
(b) These test procedures apply to your engines only as specified
in the standard-setting part.
Sec. 1065.905 General provisions.
(a) Unless the standard-setting part specifies deviations from the
provisions of this subpart, field testing must conform to all of the
provisions of this subpart.
(b) Testing conducted under this subpart may include any normal in-
use operation of an engine.
(c) This part specifies procedures for field testing various
categories of engines. See the standard-setting part for directions in
applying specific provisions in this part for a particular type of
engine. Before using this subpart's procedures, read the standard-
setting part to answer at least the following questions:
(1) How many engines must I test?
(2) How many times must I repeat a field test on an individual
engine?
(3) How do I select vehicles for field testing?
(4) What maintenance steps may I take before or between tests?
(5) What data are needed for a single field test on an individual
engine?
(6) What are the limits on ambient conditions for field testing?
[[Page 54997]]
(7) Which exhaust constituents do I need to measure?
(8) How do I account for crankcase emissions?
(9) Which engine and ambient parameters do I need to measure?
(10) How do I process the data recorded during field testing to
determine if my engine meets field-testing standards? How are
individual test intervals determined? Note that ``test interval'' is
defined in subpart K of this part (Part 1065).
(11) Should I warm up the test engine before measuring emissions,
or do I need to measure cold-start emissions during a warm-up segment
of in-use operation?
(12) Do any unique specifications apply for test fuels?
(13) Do any special conditions invalidate a field test?
(14) Does any special margin apply to field-test emission results
based on the accuracy and repeatability of field-testing measurement
instruments?
(15) Do results of initial field testing trigger any requirement
for additional field testing?
(16) How do I report field-testing results?
(d) Use the following specifications in other subparts of this part
(Part 1065) for field testing:
(1) Use the applicability and general provisions of subpart A of
this part.
(2) Use equipment specifications in Sec. 1065.101 and in Sec.
1065.140 through Sec. 1065.190. Section 1065.910 specifies additional
equipment specific to field testing.
(3) Use measurement instruments in subpart C of this part, except
as specified in Sec. 1065.915.
(4) Use calibrations and performance checks in subpart D of this
part, except as specified in Sec. 1065.920. Section 1065.920 also
specifies additional calibration and performance checks for field
testing.
(5) Use the provisions of the standard-setting part for selecting
and maintaining engines instead of the specifications in subpart E of
this part.
(6) Use the procedures in Sec. Sec. 1065.930 and 1065.935 to start
and run a field test. If you use a gravimetric balance for PM, weigh PM
samples according to Sec. Sec. 1065.590 and 1065.595.
(7) Use the calculations in subpart G of this part to calculate
emissions over each test interval. Note that ``test interval'' is
defined in subpart K of this part (Part 1065), and that the standard
setting parts indicate how to determine test intervals for your engine.
Section 1065.940 specifies additional calculations for field testing.
Use any calculations specified in the standard-setting part to
determine if your engines meet the field-testing standards. The
standard-setting part may also contain additional calculations that
determine when further field testing is required.
(8) Use a fuel typical of what you would expect the engine to use
in service. You need not use the fuel specified in subpart H of this
part.
(9) Use the lubricant and coolant specifications in Sec. 1065.740
and Sec. 1065.745.
(10) Use the analytical gases and other calibration standards in
Sec. 1065.750 and Sec. 1065.790.
(11) Use the procedures specified for testing with oxygenated fuels
in subpart I of this part.
(12) Apply the definitions and reference materials in subpart K of
this part.
(e) The following table summarizes the requirements of paragraph
(d) of this section:
Table 1 of Sec. 1065.905--Summary of Field-Testing Requirements That
Are Specified Outside of This Subpart J \1\
------------------------------------------------------------------------
Subpart * * * Use for field testing * * *
------------------------------------------------------------------------
A: Applicability and general provisions Use all.
B: Equipment for testing............... Use Sec. 1065.101and Sec.
1065.140 through end of
subpart B. Sec. 1065.910
specifies equipment specific
to field testing.
C: Measurement instruments............. Use all. Sec. 1065.915 allows
deviations.
D: Calibrations and performance checks. Use all. Sec. 1065.920 allows
deviations, but also has
additional.
E: Test engine maintenance, and Do not use. selection, Use
durability. standard-setting part.
F: Running an emission test in the Use Sec. Sec. 1065.590 and
laboratory. 1065.595 for weighing PM with
a gravimetric balance. Sec.
1065.930 and Sec. 1065.935
to start and run a field test.
G: Calculations........................ Use all. Use standard-setting
part.
H: Fuels, engine fluids, analytical Use an in-use fuel. You do not
gases, and other calibration materials. have to use fuels in subpart
H.
I: Testing with oxygenated fuels....... Use all.
K: Definitions and reference materials. Use all.
------------------------------------------------------------------------
\1\ Refer to Sec. 1065.905 (d) for complete specifications.
Sec. 1065.910 Field-testing equipment.
(a) Use field-testing equipment that meets the specifications of
Sec. 1065.101 and Sec. 1065.140 through Sec. 1065.190.
(b) This section describes additional equipment that is specific to
field testing.
(c) To field test an engine, you will likely route its exhaust to a
raw exhaust flow meter and to sample probes. Route exhaust, as follows:
(1) Use short flexible connectors at the end of the engine's
exhaust pipe.
(i) You may use flexible connectors to enlarge or reduce the
exhaust-pipe diameter to match that of your test equipment.
(ii) Use flexible connectors that do not exceed a length of three
times their largest inside diameter.
(iii) Use at least 315 [deg]C temperature rated, four-ply silicone
fiberglass fabric material for flexible connectors. You may use
connectors with a spring steel wire helix for support and/or
NomexTM coverings or linings for durability. You may also
use any other material that performs equivalently in terms of
permeability, and durability as long as it seals tightly around
tailpipes and does not react with exhaust.
(iv) Use stainless steel hose clamps to seal flexible connectors to
the outside diameter of tailpipes or use clamps that seal equivalently.
(v) You may use additional flexible connectors to connect to flow
meters and sample probe locations.
(2) Use rigid 300 series stainless steel tubing to connect between
flexible connectors. Tubing may be straight or bent to accommodate
vehicle geometry. You may use 300 series stainless steel tubing ``T''
or ``Y'' fittings to join exhaust from multiple tailpipes.
Alternatively, you may cap or plug redundant tailpipes if it is
recommended by the engine manufacturer.
[[Page 54998]]
(3) Use connectors and tubing that do not increase back pressure so
much that it exceeds the manufacturer's maximum specified exhaust
restriction. You may verify this at the maximum exhaust flow rate by
measuring back pressure at the vehicle tailpipe with your system
connected. Alternatively, you may verify this by engineering analysis,
taking into account the maximum exhaust flow rate expected and the
flexible connectors and tubing pressure drops versus flow
characteristics.
(d) Use mounting hardware as required for securing flexible
connectors and exhaust tubing. We recommend mounting hardware such as
clamps, suction cups, and magnets that are specifically designed for
vehicle applications. We also recommend using structurally sound
mounting points such as vehicle frames, trailer hitches, and payload
tie-down fittings.
(e) Field testing may require portable electrical power to run your
test equipment. Power your equipment, as follows:
(1) You may use electrical power from the vehicle, up to the
highest power level, such that all the following are true:
(i) The vehicle power system is capable of safely supplying your
power, such that your demand does not overload the vehicle's power
system.
(ii) The engine emissions do not significantly change when you use
vehicle power.
(iii) The power you demand does not increase output from the engine
by more than 1 % of its maximum power.
(2) You may install your own portable power supply. For example,
you may use batteries, fuel cells, a portable electrical generator, or
any other power supply to supplement or replace your use of vehicle
power. However, in no case may you provide power to the vehicle's power
system.
Sec. 1065.915 Measurement instruments.
(a) Instrument specifications. We recommend that you use field-
testing equipment that meets the specifications of subpart C of this
part. For field testing, the specifications in Table 1 of Sec.
1065.915 apply instead of the specifications in Table 1 of Sec.
1065.205.
Table 1 of Sec. 1065.915.--Recommended Minimum Measurement Instrument Performance for Field Testing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Measured quantity Rise time and Recording update
Measurement symbol fall time frequency Accuracy \1\ Repeatability \1\ Noise \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Engine speed transducer.......... fn 1 s 5 Hz 5.0% of pt., or 2.0% of pt., 1.0% 0.5% of max.
1.0% of max. of max.
----------------------------------
Engine torque estimator, BSFC.... T 1 s 5 Hz 8.0% of pt., or 3% 2.0% of pt., 1.0% 1.0 of max.
of max. of max.
----------------------------------
General pressure transducer (not p 5 s 1 Hz 5.0% of pt., or 2.0% of pt., or 1.0% of max.
a part of another instrument). 2.0% of max. 0.5% of max.
----------------------------------
Barometer........................ pbarom 50 s 0.1 H 250 Pa 200 Pa 100 Pa.
----------------------------------
General temperature sensor (not a T 5 s 1 Hz 1.0% of pt., or 3 0.5% of pt., or 2 0.5 [deg]C.
part of another instrument). [deg]C [deg]C
----------------------------------
General dewpoint sensor.......... Tdew 50 S 0.1 Hz 3 [deg]C 1 [deg]C 0.5 [deg]C.
----------------------------------
Exhaust flow meter............... n 1 s 5 Hz 5.0% of pt., or 2.0% of pt. 2.0% of max.
3.0% of max.
----------------------------------
Constituent concentration x 5 s 1 Hz 2.5% of pt., 2.5% 1.0% of pt., 1.0% 0.4% of max.
continuous analyzer. of meas. of meas.
----------------------------------
Inertial PM balance.............. mPM 5 s 1 Hz 2.0% of pt., 2.0% 1.0% of pt., 1.0% 0.4% of max.
of meas. of meas.
----------------------------------
Gravimetric PM balance........... mPM N/A N/A See Sec. 0.25 [mu]g 0.1 [mu]g.
1065.790
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\1\ Accuracy, repeatability, and noise are determined with the same collected data as described in Sec. 1065.305. ``pt.'' refers to a single point at
the average value expected during testing at the standard--the reference value used in Sec. 1065.305; ``max.'' refers to the maximum value expected
during testing at the standard over a test interval, not the maximum of the instrument's range; ``meas'' refers to the flow-weighted average measured
value during any test interval.
(b) ECM signals. You may use signals from the engine's electronic
control module (ECM) in place of values recorded by measurement
instruments, subject to the following provisions:
(1) You must filter ECM signals to discard discontinuities and
irrational records.
(2) You must perform time-alignment and dispersion of ECM signals,
as described in Sec. 1065.201.
(3) You may use any combination of ECM signals, with or without
other measurements, to determine the start-time and end-time of a test
interval. Note that ``test interval'' is defined in subpart K of this
part (Part 1065).
(4) You may use any combination of ECM signals along with other
measurements to determine brake-specific emissions over a test
interval.
(5) For each ECM signal that you use, you must state one of the
following:
(i) The signal meets all the specifications, calibrations, and
performance checks of any measurement instrument or system that the
signal replaces.
(ii) The signal deviates from one or more of the specifications,
calibrations, or performance checks, but its deviation does not prevent
you from demonstrating that you meet the applicable standards. For
example, your emissions results are sufficiently below the applicable
standard such that the deviation would not significantly change the
result.
(c) Redundant measurements. You may make any other measurements,
such as redundant measurements, to
[[Page 54999]]
ensure the quality of the data you collect.
(d) Ambient effects on instruments. Measurement instruments must
not be affected by ambient conditions such as temperature, pressure,
humidity, physical orientation, or mechanical shock and vibration. If
an instrument is inherently affected by ambient conditions, those
conditions must be monitored and the instrument's signals must be
adjusted in a way that compensates for the ambient effect. Follow the
instrument manufacturer's instructions for proper field installation.
(e) Engine torque estimator. Because engine brake torque may be
difficult or impossible to measure during field testing, we allow other
means of estimating torque based on other parameters. We recommend that
the overall performance of any torque estimator should meet the
performance specifications in Table 1 of Sec. 1065.915. Although you
may develop your own torque estimator, we recommend using one of the
following:
(1) ECM signals. You may use ECM signals to estimate torque if they
meet the specifications of paragraph (b) of this section. Some
electronic control modules calculate torque directly, based on the
amount of fuel commanded to the engine and possibly other parameters.
Other electronic control modules output a signal that is the ratio of
the amount of fuel commanded divided by the maximum possible command at
the given engine speed. This value is commonly called ``% load''. You
may use this value in combination with the engine manufacturer's
published maximum torque versus speed data to estimate engine torque.
You may use a combination of ECM signals such as intake manifold
pressure and temperature and engine speed if you have detailed
laboratory data that can correlate such signals to torque.
(2) Brake-specific fuel consumption. You may multiply brake-
specific fuel consumption (BSFC) information by fuel-specific emission
results to determine brake-specific emission results. This approach
avoids any requirement to estimate torque in the field. Fuel-specific
results can be calculated from emission concentrations and a signal
linear to exhaust flow rate. See Sec. 1065.650 for the calculations.
You may interpolate brake-specific fuel consumption data, which might
be available from an engine laboratory as a function of engine speed
and other engine parameters that you can measure in the field. You may
also use a single BSFC value that approximates the mean BSFC over a
test interval (as defined in subpart K). This value may be a nominal
BSFC value for all engine operation, which may be determined over one
or more laboratory duty cycles. Refer to the standard-setting part to
determine if the range of engine operation represented by a duty cycle
approximates the range of operation that defines a field-testing test
interval. Select a nominal BSFC based on duty cycles that best
represent the range engine operation that defines a field-testing test
interval.
Sec. 1065.920 Calibrations and performance checks.
(a) Use all of the applicable calibrations and performance checks
in subpart D of this part, including the linearity checks in Sec.
1065.307, to calibrate and check your field test system.
(b) Your field-testing system must also meet an overall check. We
require only that you maintain a record that shows that the make,
model, and configuration of your system meets this check. The record
itself may be supplied to you by the field-testing system manufacturer.
However, we recommend that you generate your own record to verify that
your specific system meets this check. If you upgrade or change the
configuration of your field test system, we require that your record
shows that your new configuration meets this check. The check consists
of comparing field test data and laboratory data that are generated
simultaneously over a repeated duty cycle in a laboratory. Two
statistical comparisons are made. One statistical comparison checks the
difference between the field test and lab data with respect to the lab
standard. The second statistical comparison checks the field-testing
system's upper confidence limit with respect to the lab's upper
confidence limit. The field test upper confidence limit is determined
only after applying any measurement allowance that is specified in the
standard-setting part. Refer to Sec. 1065.605 for an example
calculation of these two statistical tests. Perform the check as
follows:
(1) Install your field-testing system on an engine in a dynamometer
laboratory that meets all of the specifications of this part with
respect to the engine and its applicable emission standards. We
recommend that you select an engine that has emissions near its
applicable laboratory standards.
(2) If the standard-setting part does not specify a duty cycle
specifically for this check, select or create a duty cycle that has all
of the following:
(i) Expected in-use engine operation. Consider using data from
previous field tests to generate a cycle.
(ii) (20 to 40) min duration.
(iii) At least 10 discrete field-testing test intervals (e.g., 10
NTE events).
(iv) At least 50% of its time in the operating range where valid
field-testing test intervals may be calculated. For example, for heavy-
duty highway compression-ignition engines, select a duty cycle in which
at least 50% of the engine operating time can be used to calculate
valid NTE events.
(3) Prepare the laboratory and field-testing systems for emission
testing as described in this part.
(4) Run at least seven valid repeat emission tests with the duty
cycle, using a warmed up running engine. For a valid repeat of the duty
cycle, the laboratory and field test systems must both return validated
tests (e.g., tests must meet drift check, hydrocarbon contamination
check, proportional validation, etc).
(5) Calculate all brake-specific emission results with the lab and
the field test data for every field-testing test interval (e.g., each
NTE event) that occurred. Repeat this for every repeated duty cycle.
(6) Calculate the mean for each test interval (e.g., each NTE
event) with the repeated data for each test interval.
(7) For each test interval (e.g., each NTE event), subtract its lab
mean from its field test mean, and divide the result by the applicable
lab standard. If this result is within ±5% for all test
intervals (e.g., all NTE events), then the field test system passes
this statistical test.
(8) First apply any measurement allowance to the field-testing
results in paragraph (b)(5) of this section and recalculate the field
test results in the same way you calculated the results for paragraph
(b)(6) of this section. Then calculate two times the standard deviation
for each of the test interval means from the adjusted field test
results and the lab means from (b)(6) of this section. Add these values
to each of their respective means. The result is the upper confidence
limit for each test interval (e.g., each NTE event). For each test
interval subtract the laboratory upper confidence limit from the field
test upper confidence limit. If the result of this subtraction is less
than or equal to zero for all the test intervals (e.g., all NTE
events), then the field test system passes this statistical test.
(c) If the field test system passes both statistical tests in
paragraphs (b)(7) and (b)(8) of this section, then the field-test
system passes the overall field-testing system check.
[[Page 55000]]
Sec. 1065.925 Measurement equipment and analyzer preparation.
(a) If your engine must comply with a PM standard and you use a
gravimetric balance to measure PM, follow the procedures for PM sample
preconditioning and tare weighing as described in Sec. 1065.590.
(b) Verify that ambient conditions are initially within the limits
specified in the standard-setting part.
(c) Install all of the equipment and measurement instruments
required to conduct a field test.
(d) Power the measurement system, and allow pressures,
temperatures, and flows to stabilize to their operating set points.
(e) Operate dilution systems and PM sampling systems at their
expected flow rates using a bypass.
(f) Bypass or purge any gaseous sampling systems until sampling
begins.
(g) Conduct calibrations and performance checks.
(h) Check for contamination in the NMHC sampling system as follows:
(1) Select the NMHC analyzer range for measuring the flow-weighted
average concentration expected at the NMHC standard.
(2) Zero the NMHC analyzer using zero air introduced at the
analyzer port.
(3) Span the NMHC analyzer using span gas introduced at the
analyzer port.
(4) Overflow zero air at the NMHC probe or into a fitting between
the NMHC probe and the transfer line.
(5) Measure the NMHC concentration in the sampling system:
(i) For continuous sampling, record the mean NMHC concentration as
overflow zero air flows.
(ii) For batch sampling, fill the sample medium and record its mean
concentration.
(6) Record this value as the initial NMHC concentration,
xNMHCinit and use it to correct measured values as described
in Sec. 1065.660.
(7) If this initial NMHC concentration exceeds the greatest of the
following, determine the source of the contamination and take
corrective action, such as purging the system or replacing contaminated
portions:
(i) 2% of the flow-weighted average concentration expected at the
standard or during testing.
(ii) 2 mmol/mol.
(8) If corrective action does not resolve the deficiency, you may
request to use the contaminated system as an alternate procedure under
Sec. 1065.10.
Sec. 1065.930 Engine starting, restarting, and shutdown.
(a) Unless the standard-setting part specifies otherwise, follow
these steps to start, restart, and shut down the test engine.
(b) Start or restart the engine according to the procedure
recommended in the owners manual.
(c) If the engine does not start after 15s of cranking, stop
cranking and determine the reason it failed to start. However, you may
crank the engine longer than 15s, as long as the owners manual or the
service-repair manual describes the longer cranking time as normal.
(d) Respond to engine stalling with the following steps:
(1) If the engine stalls during a required warm-up before emission
sampling begins, restart the engine and continue warm-up.
(2) If the engine stalls at any other time after emission sampling
begins, restart the engine and continue testing.
(e) Shut down and/or restart the engine according to the
manufacturer's specifications, as needed during normal operation in-
use, but continue emission sampling until the field test is completed.
Sec. 1065.935 Emission test sequence.
(a) Time the start of testing as follows:
(1) If the standard-setting part requires only hot-stabilized
emission measurements, operate the engine in-use until the engine
coolant's absolute temperature is within ±10% of its mean
value for the previous 2 min or until the engine thermostat controls
engine temperature. For hot-stabilized emission measurements, bring the
engine to idle. Start the field test within 10 min of achieving coolant
temperature tolerance.
(2) If the standard-setting part requires hot-start emission
measurements, shut down the engine after at least 2 min at the
temperature tolerance specified in paragraph (a)(1) of this section.
Start the field test within 20 min of engine shutdown.
(3) If the standard-setting part requires cold-start emission
measurements, you may start the engine and test cycle if the highest
temperature of an engine's lubricant, coolant, and aftertreatment
systems is within the standard-setting part's ambient temperature
limits for field testing.
(b) Take the following steps before emission sampling begins:
(1) For batch sampling, connect clean storage media, such as
evacuated bags or tare-weighed PM sample media.
(2) Operate all measurement instruments according to the instrument
manufacturer's instructions.
(3) Operate heaters, dilution systems, sample pumps, cooling fans,
and the data-collection system.
(4) Preheat any heat exchangers in the measurement system.
(5) Allow heated components such as sample lines, filters, and
pumps to stabilize at operating temperature.
(6) Perform vacuum side leak checks as described in Sec. 1065.345.
(7) Using bypass, adjust the sample flow rates to desired levels.
(8) Zero any integrating devices.
(9) Zero and span all constituent analyzers using NIST-traceable
gases that meet the specifications of Sec. 1065.750.
(c) Start testing as follows:
(1) If the engine is already running and warmed up and starting is
not part of field testing, start the field test by simultaneously
sampling exhaust gases, recording data, and integrating measured
values.
(2) If engine starting is part of field testing, start field
testing by simultaneously sampling exhaust gases, recording data, and
integrating measured values. Then start the engine.
(d) Continue the test as follows:
(1) Continue to sample exhaust, record data and integrate measured
values throughout normal in-use operation of the engine. The engine may
be stopped and started, but continue to sample emissions throughout the
entire field test.
(2) Conduct periodic performance checks such as zero and span
checks on measurement instruments, as recommended by the instrument
manufacturer. Do not include data recorded during performance checks in
emission calculations.
(3) You may periodically condition and analyze batch samples in-
situ, including PM samples if you use an inertial balance.
(e) Stop testing as follows:
(1) On the last record of the field test, allow sampling system
response times to elapse and cease sampling. Stop any integrator and
indicate the end of the test cycle on the data-collection medium.
(2) Shut down the engine if it is not already shut down.
(f) Take the following steps after emission sampling is complete:
(1) Unless you weighed PM in-situ, such as by using an inertial PM
balance, place any used PM samples into covered or sealed containers
and return them to the PM-stabilization environment for subsequent
weighing on a gravimetric balance. If you weigh PM samples with a
gravimetric balance, weigh PM samples according to Sec. 1065.595.
(2) As soon as practical after the duty cycle is complete, analyze
any gaseous batch samples.
(3) Analyze background samples if dilution air was used.
[[Page 55001]]
(4) After quantifying exhaust gases, check drift of each analyzer:
(i) Record the mean analyzer value after stabilizing a zero gas to
each analyzer. Stabilization may include time to purge an analyzer of
any sample gas, plus any additional time to account for analyzer
response.
(ii) Record mean analyzer values after stabilizing the span gas to
the analyzer. Stabilization may include time to purge the analyzer of
any sample gas, plus any additional time to account for analyzer
response.
(iii) Use this data to validate and correct for drift as described
in Sec. 1065.658.
(5) Drift invalidates a test if the drift correction exceeds < plus-
minus>4% of the flow-weighted average concentration expected at either
the standard or during a test interval, whichever is greater. Calculate
and correct for drift as described in Sec. 1065.657.
(g) For any proportional batch sample such as a bag sample or PM
sample, demonstrate that proportional sampling was maintained using one
of the following:
(1) Record the sample flow rate and the total flow rate at 1 Hz or
more frequently. Use this data with the statistical calculations in
Sec. 1065.602 to determine the standard error of the estimate, SE, of
the sample flow rate versus the total flow rate. For each test interval
(as defined in subpart K), demonstrate that SE was less than or equal
to 2.5% of the mean sample flow rate. You may omit up to 5% of the data
points as outliers to improve SE.
(2) Record the sample flow rate and the total flow rate at 1 Hz or
more frequently. For each test interval, demonstrate that each flow
rate was constant within ±2.5% of its respective mean or
target flow rate.
(3) For critical-flow venturis, record venturi-inlet conditions at
1 Hz or more frequently. Demonstrate that the density at the venturi
inlet was constant within ±2.5% of the mean or target
density over each test interval. For a CVS critical-flow venturi, you
may demonstrate this by showing that the absolute temperature at the
venturi inlet was constant within ±4% of the mean or target
temperature over each test interval.
(4) For positive-displacement pumps, record pump-inlet conditions
at 1 Hz or more frequently. Demonstrate that the density at the pump
inlet was constant within ±2.5% of the mean or target
density over each test interval. For a CVS pump, you may demonstrate
this by showing that the absolute temperature at the pump inlet was
constant within ±2% of the mean or target temperature over
each test interval.
(5) Using good engineering judgment, demonstrate using an
engineering analysis that the proportional-flow control system
inherently ensures proportional sampling under all circumstances
expected during testing. For example, you use CFVs for sample flow and
total flow and their inlet pressures and temperatures are always the
same as each others, and they always operate under critical-flow
conditions.
(h) Check all non-auto-ranging analyzer results to determine if any
results indicate that an analyzer ever operated above 100% of its range
during the test. If an analyzer operated above 100% of its range,
perform the following:
(1) For a batch sample, re-analyze the batch sample using the next
higher analyzer range that results in an instrument response less than
100%. Report the result from the lowest range that results in analyzer
operation at less than 100% of its range.
(2) For continuous sampling, repeat the field test using the same
vehicle, but use the next higher analyzer range that you estimate will
not respond greater than 100% of range. If the analyzer still operates
above 100% of its range, repeat the field test again using a higher
range. Continue to repeat the field test until the analyzer operates at
less than 100% of its range for an entire field test. Report all
results.
Sec. 1065.940 Emission calculations.
(a) Follow instructions in the standard-setting part for any other
emission calculations.
(b) For each test interval, as determined by information in the
standard-setting part, perform emission calculations as described in
Sec. 1065.650 to calculate brake-specific emissions, using the field-
testing specifications for analyzer noise in Table 1 of Sec. 1065.915.
Subpart K--Definitions and Other Reference Information
Sec. 1065.1001 Definitions.
The following definitions apply to this part. The definitions apply
to all subparts unless we note otherwise. All undefined terms have the
meaning the Act gives to them. The definitions follow:
300 series stainless steel means any stainless steel alloy with a
Unified Numbering System for Metals and Alloys number designated from
S30100 to S39000. For all instances in this part where we specify 300
series stainless steel, such parts must also have a smooth inner-wall
construction. We recommend an average roughness, Ra no
greater than 4 mm.
Accuracy means the absolute difference between a reference quantity
and the arithmetic mean of ten mean measurements of that quantity.
Instrument accuracy, repeatability, and noise are determined from the
same data set. We specify a procedure for determining accuracy in Sec.
1065.305.
Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
Adjustable parameter means any device, system, or element of design
that someone can adjust (including those which are difficult to access)
and that, if adjusted, may affect emissions or engine performance
during emission testing or normal in-use operation. This includes, but
is not limited to, parameters related to injection timing and fueling
rate. In some cases this may exclude a parameter that is difficult to
access if it cannot be adjusted to affect emissions without
significantly degrading engine performance, or if it will not be
adjusted in a way that affects emissions during in-use operation.
Aerodynamic diameter means the diameter of a spherical water
droplet which settles at the same constant velocity as the particle
being sampled.
Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to decrease emissions in the engine exhaust before it is exhausted
to the environment. Exhaust-gas recirculation (EGR) and turbochargers
are not aftertreatment.
Allowed procedures means procedures that we either specify in this
part 1065 or in the standard-setting part or approve under Sec.
1065.10.
Aqueous condensation means the precipitation of water
(H2O)-containing constituents from a gas phase to a liquid
phase. Aqueous condensation is a function of humidity, pressure,
temperature, and concentrations of other constituent such as sulfuric
acid. These parameters vary as a function of engine intake-air
humidity, dilution air humidity, engine air-to-fuel ratio, and fuel
composition--including the amount of hydrogen and sulfur in the fuel.
Auto-ranging means a constituent analyzer function that
automatically changes the analyzer gain to a higher range as a
constituent's concentration approaches 100% of the analyzer's current
range.
Auxiliary emission-control device means any element of design that
senses temperature, motive speed, engine RPM,
[[Page 55002]]
transmission gear, or any other parameter for the purpose of
activating, modulating, delaying, or deactivating the operation of any
part of the emission-control system.
Barometric pressure means the wet, absolute, atmospheric static
pressure. Note that if you measure barometric pressure in a duct, you
must ensure that there are negligible pressure losses between the
atmosphere and your measurement location, and you must account for
changes in the duct's static pressure resulting from the flow.
Brake power has the meaning given in the standard-setting part. If
it is not defined in the standard-setting part, brake power means the
usable power output of the engine, not including power required to
fuel, lubricate, or heat the engine, circulate coolant to the engine,
or to operate aftertreatment devices. If these accessories are not
powered by the engine during a test, subtract the work required to
perform these functions from the total work used in brake-specific
emission calculations. Subtract engine fan work from total work only
for air-cooled engines.
Calibration means the set of specifications and tolerances specific
to a particular design, version, or application of a component or
assembly capable of functionally describing its operation over its
working range.
Certification means obtaining a certificate of conformity for an
engine family that complies with the emission standards and
requirements in this part.
Compression-ignition means relating to a type of reciprocating,
internal-combustion engine that is not a spark-ignition engine.
Confidence interval means the range associated with a probability
that a quantity will be considered statistically equivalent to a
reference quantity.
Constant-speed engine means an engine whose certification is
limited to constant-speed operation. Engines whose constant-speed
governor function is removed or disabled are no longer constant-speed
engines.
Constant-speed operation means engine operation with a governor
that controls the operator input to maintain an engine at a reference
speed, even under changing load. For example, an isochronous governor
changes reference speed temporarily during a load change, then returns
the engine to its original reference speed after the engine stabilizes.
Isochronous governors typically allow speed changes up to 1.0%. Another
example is a speed-droop governor, which has a fixed reference speed at
zero load and allows the reference speed to decrease as load increases.
With speed-droop governors, speed typically decreases (3 to 10)% below
the reference speed at zero load, such that the minimum reference speed
occurs near the engine's point of maximum power.
Coriolis meter means a flow-measurement instrument that determines
the mass flow of a fluid by sensing the vibration and twist of
specially designed flow tubes as the flow passes through them. The
twisting characteristic is called the Coriolis effect. According to
Newton's Second Law of Motion, the amount of sensor tube twist is
directly proportional to the mass flow rate of the fluid flowing
through the tube. See Sec. 1065.220.
Designated Compliance Officer means the Manager, Engine Programs
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Discrete-mode means relating to the discrete-mode type of steady-
state test described in the standard-setting part.
Drift means the difference between a zero or calibration signal and
the respective value reported by a measurement instrument immediately
after it was used in an emission test, provided that the instrument was
zeroed and spanned just before the test.
Duty cycle means a series of speeds and torques that an engine must
follow during a laboratory test. Duty cycles are specified in the
standard-setting part. A single duty cycle may consist of one or more
test intervals. For example, a duty cycle may be a ramped-modal cycle,
which has one test interval; a cold-start plus hot-start transient
cycle, which has two test intervals; or a discrete-mode cycle, which
has one test interval for each mode.
Electronic control module means an engine's electronic device that
uses data from engine sensors to control engine parameters.
Emission-control system means any device, system, or element of
design that controls or reduces the regulated emissions from an engine.
Emission-data engine means an engine that is tested for
certification. This includes engines tested to establish deterioration
factors.
Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emission
deterioration.
Engine means an engine to which this part applies.
Engine family means a group of engines with similar emission
characteristics throughout the useful life, as specified in the
standard-setting part.
Exhaust-gas recirculation means a technology that reduces emissions
by routing exhaust gases that had been exhausted from the combustion
chamber(s) back into the engine to be mixed with incoming air before or
during combustion. The use of valve timing to increase the amount of
residual exhaust gas in the combustion chamber(s) that is mixed with
incoming air before or during combustion is not considered exhaust-gas
recirculation for the purposes of this part.
Fall time, t90-10, means the time interval from (90 to
10) % of a measurement instrument's response after any step decrease to
the input.
Flow-weighted average means the average of a quantity after it is
weighted proportional to a corresponding flow rate. For example, if a
gas concentration is measured continuously from the raw exhaust of an
engine, its flow-weighted average concentration is the sum of the
products of each recorded concentration times its respective exhaust
flow rate, divided by the number of recorded values. As another
example, the bag concentration from a CVS system is the same as the
flow-weighted average concentration because the CVS system itself flow-
weights the bag concentration.
Fuel system means all components involved in transporting,
metering, and mixing the fuel from the fuel tank to the combustion
chamber(s), including the fuel tank, fuel tank cap, fuel pump, fuel
filters, fuel lines, carburetor or fuel-injection components, and all
fuel-system vents.
Fuel type means a general category of fuels such as gasoline or
LPG. There can be multiple grades within a single type of fuel, such as
summer-grade gasoline and winter-grade gasoline.
Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information. See 40 CFR 1068.5 for the
administrative process we use to evaluate good engineering judgment.
HEPA filter means high-efficiency particulate air filters that are
rated to achieve a minimum particle-removal efficiency of 99.97% using
ASTM F 1471-93 (incorporated by reference in Sec. 1065.1010).
Identification number means a unique specification (for example, a
model number/serial number combination) that allows someone to
distinguish a particular engine from other similar engines.
Idle speed means the lowest engine speed possible with zero load
where an engine governor function controls engine speed. For engines
without a governor function that controls idle speed, idle speed means
the
[[Page 55003]]
manufacturer-declared value for lowest engine speed possible with zero
load. Note that warm idle speed is the idle speed of a warmed-up
engine.
Intermediate test speed has the meaning we give in Sec. 1065.610.
Linearity means the degree to which measured values agree with
respective reference values. Linearity is quantified using a linear
regression of pairs of measured values and reference values over the
range from the minimum to the maximum values expected or observed
during testing. Perfect linearity would result in an intercept value of
zero and a slope of one. (Note: The term ``linearity'' is not used in
this part to refer to the shape of a measurement instrument's
unprocessed response curve, such as a curve relating emission
concentration to voltage output. A properly performing instrument with
a nonlinear response curve will meet linearity specifications.)
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes any person who manufactures an engine or
vehicle for sale in the United States or otherwise introduces a new
nonroad engine into commerce in the United States. This includes
importers who import engines or vehicles for resale.
Maximum engine speed has the meaning we give in Sec. 1065.610.
Maximum test torque has the meaning we give in Sec. 1065.610.
NIST-traceable means relating to a standard value that can be
related to NIST-stated references through an unbroken chain of
comparisons, all having stated uncertainties.
Noise means the precision of 25 consecutive samples from a
measurement instrument as it quantifies a zero or reference value.
Instrument noise, repeatability, and accuracy are determined from the
same data set. We specify a procedure for determining noise in Sec.
1065.305.
Nonmethane hydrocarbons means the sum of all hydrocarbon species
except methane. Refer to Sec. 1065.660 for NMHC determination.
Nonroad means relating to nonroad engines.
Nonroad engine has the meaning we give in 40 CFR 1068.30. In
general this means all internal-combustion engines except motor vehicle
engines, stationary engines, engines used solely for competition, or
engines used in aircraft.
Operator demand means an engine operator's input to control engine
output. The operator may be a person, a governor, or other controller
that mechanically or electronically signals an input that demands
engine output. Input may be an accelerator pedal or signal, a throttle-
control lever or signal, a fuel lever or signal, a speed lever or
signal, or a governor setpoint or signal. Output means engine power, P,
which is the product of engine speed, fn, and engine torque,
T.
Oxides of nitrogen means compounds containing only nitrogen and
oxygen as measured by the procedures specified in this part. Oxides of
nitrogen are expressed quantitatively as if the NO is in the form of
NO2, such that you use a molar mass for all oxides of
nitrogen equivalent to that of NO2. We specify a procedure
for determining NOX in Sec. 1065.650.
Oxygenated fuels means fuels composed of oxygen-containing
compounds, such as ethanol or methanol. Generally, testing engines that
use oxygenated fuels requires the use of the sampling methods in
subpart I of this part. However, you should read the standard-setting
part and subpart I of this part to determine which sampling methods to
use.
Partial pressure means the pressure, p attributable to a
constituent in a gas mixture. For an ideal gas the partial pressure
divided by the total pressure is equal to the constituent's molar
concentration, x.
Precision means the two times the standard deviation of a set of
measured values of a single zero or reference quantity.
Procedures means all aspects of engine testing, including the
equipment specifications, calibrations, calculations and other
protocols and specifications needed to measure emissions, unless we
specify otherwise.
PTFE means polytetrafluoroethylene, which is commonly known as
TeflonTM.
Ramped-modal means relating to the ramped-modal type of steady-
state test described in the standard-setting part.
Regression statistics means any of the set of statistics specified
in Sec. 1065.602(i) through (l).
Repeatability means the precision of ten mean measurements of a
reference quantity. Instrument repeatability, accuracy, and noise must
be determined from the same data set. We specify a procedure for
determining repeatability in Sec. 1065.305.
Revoke has the meaning we give in 40 CFR 1068.30.
Rise time, t10-90 means the time interval from (10 to
90)% of a measurement instrument's response after any step increase to
the input.
Roughness (or average roughness, Ra) means the size of finely
distributed vertical surface deviations from a smooth surface, as
determined when traversing a surface. It is an integral of the absolute
value of the roughness profile measured over an evaluation length.
Round means to round numbers according to ASTM E29-02 (incorporated
by reference in Sec. 1065.1010), unless otherwise specified.
Scheduled maintenance means adjusting, repairing, removing,
disassembling, cleaning, or replacing components or systems
periodically to keep a part or system from failing, malfunctioning, or
wearing prematurely. It also may mean actions you expect are necessary
to correct an overt indication of failure or malfunction for which
periodic maintenance is not appropriate.
Span means to adjust an instrument so that it gives a proper
response to a calibration standard that represents between 75% and 100%
of the maximum value in the instrument range or expected rang of use.
Spark-ignition means relating to a gasoline-fueled engine or any
other type of engine with a spark plug (or other sparking device) and
with operating characteristics significantly similar to the theoretical
Otto combustion cycle. Spark-ignition engines usually use a throttle to
regulate intake air flow to control power during normal operation.
Specified procedures means procedures we specify in this part 1065
or the standard-setting part.
Standard-setting part means the part in the Code of Federal
Regulations that defines emission standards for a particular engine.
See Sec. 1065.1(a).
Steady-state means relating to emission tests in which engine speed
and load are held at a finite set of essentially constant values.
Steady-state tests are either discrete-mode tests or ramped-modal
tests.
Stoichiometric means the ratio of air and fuel such that if the
fuel were fully oxidized, there would be no remaining fuel or oxygen.
For example, stoichiometric combustion in a gasoline-fueled engine
typically occurs at an air-to-fuel mass ratio of about 14.7.
Test engine means an engine in a test sample.
Test interval means a duration of time over which you determine
brake-specific emissions. For example, a standard-setting part may
specify a complete laboratory duty cycle as a cold-start test interval,
plus a hot-start test interval. As another example, a standard-setting
part may specify a field test interval (e.g., an NTE event), as a
duration of time over which an engine operates within a certain range
of speed and torque. In cases where multiple test intervals occur, the
standard-setting parts specify additional calculations
[[Page 55004]]
that weight and combine results to arrive at composite values for
comparison against the applicable standards.
Test sample means the collection of engines selected from the
population of an engine family for emission testing.
Tolerance means the interval in which 95% of a set of recorded
values of a certain quantity must lie. Use the specified recording
frequencies and time intervals to determine if a quantity is within the
applicable tolerance.
Total hydrocarbon means the combined mass of organic compounds
measured by the specified procedure for measuring total hydrocarbon,
expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of
1.85:1.
Total hydrocarbon equivalent means the sum of the carbon mass
contributions of non-oxygenated hydrocarbons, alcohols and aldehydes,
or other organic compounds that are measured separately as contained in
a gas sample, expressed as exhaust hydrocarbon from petroleum-fueled
engines. The hydrogen-to-carbon ratio of the equivalent hydrocarbon is
1.85:1.
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
Useful life means the period during which a new nonroad engine is
required to comply with all applicable emission standards. The
standard-setting part defines the specific useful-life periods for
individual engines.
Variable-speed engine means an engine that is not a constant-speed
engine.
Vehicle means any vehicle, vessel, or type of equipment using
engines to which this part applies. For purposes of this part, vehicle
may include immobile machines.
We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
Zero means to adjust an instrument so it gives a zero response to a
zero calibration standard, such as purified nitrogen or purified air
for measuring concentrations of emission constituents.
Sec. 1065.1005 Symbols, abbreviations, acronyms, and units of
measure.
The procedures in this part generally follow the International
System of Units (SI), as detailed in NIST Special Publication 811, 1995
Edition, ``Guide for the Use of the International System, of Units
(SI),'' which we incorporate by reference in Sec. 1065.1010. See Sec.
1065.25 for specific provisions related to these conventions. This
section summarizes the way we use symbols, units of measure, and other
abbreviations.
(a) Symbols for quantities. This part uses the following symbols
and units of measure for various quantities:
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Sec. 1065.1010 Reference materials.
Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building, Washington, DC 20460 or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. 
(a) ASTM material. Table 1 of this section lists material from the
American Society for Testing and Materials that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the American
Society for Testing and Materials, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428. Table 1 follows:
Table 1 of Sec. 1065.1010.--ASTM Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
ASTM D 86-03, Standard Test Method for 1065.73, 1065.710
Distillation of Petroleum Products at Atmospheric
Pressure.........................................
ASTM D 93-02a, Standard Test Methods for Flash 1065.703
Point by Pensky-Martens Closed Cup Tester........
ASTM D 287-92, (Reapproved 2000), Standard Test 1065.703
Method for API Gravity of Crude Petroleum and
Petroleum Products (Hydrometer Method)...........
ASTM D 323-99a, Standard Test Method for Vapor 1065.710
Pressure of Petroleum Products (Reid Method).....
ASTM D 445-03, Standard Test Method for Kinematic 1065.703
Viscosity of Transparent and Opaque Liquids (and
the Calculation of Dynamic Viscosity)............
ASTM D 613-03b, Standard Test Method for Cetane 1065.703
Number of Diesel Fuel Oil........................
ASTM D 1266-98, Standard Test Method for Sulfur in 1065.710
Petroleum Products (Lamp Method).................
ASTM D 1319-02a, Standard Test Method for 1065.710
Hydrocarbon Types in Liquid Petroleum Products by
Fluorescent Indicator Adsorption.................
ASTM D 1267-02, Standard Test Method for Gage 1065.720
Vapor Pressure of Liquefied Petroleum (LP) Gases
(LP-Gas Method)..................................
ASTM D 1837-02a, Standard Test Method for 1065.720
Volatility of Liquefied Petroleum (LP) Gases.....
ASTM D 1838-03, (Reapproved 2001), Standard Test 1065.720
Method for Copper Strip Corrosion by Liquefied
Petroleum (LP) Gases.............................
ASTM D 1945-03, (Reapproved 2001), Standard Test 1065.715
Method for Analysis of Natural Gas by Gas
Chromatography...................................
ASTM D 2158-02, Standard Test Method for Residues 1065.720
in Liquefied Petroleum (LP) Gases................
ASTM D 2163-91, (Reapproved 1996), Standard Test 1065.720
Method for Analysis of Liquefied Petroleum (LP)
Gases and Propene Concentrates by Gas
Chromatography...................................
ASTM D 2598-02, Standard Practice for Calculation 1065.720
of Certain Physical Properties of Liquefied
Petroleum (LP) Gases from Compositional Analysis.
ASTM D 2622-03, Standard Test Method for Sulfur in 1065.703
Petroleum Products by Wavelength Dispersive X-ray
Fluorescence Spectrometry........................
ASTM D 2713-91, (Reapproved 2001), Standard Test 1065.720
Method for Dryness of Propane (Valve Freeze
Method)..........................................
ASTM D 2784-98, Standard Test Method for Sulfur in 1065.720
Liquefied Petroleum Gases (Oxy-Hydrogen Burner or
Lamp)............................................
ASTM D 2986-95a, (Reapproved 1999), Standard 1065.170
Practice for Evaluation of Air Assay Media by the
Monodisperse DOP (Dioctyl Phthalate) Smoke Test..
ASTM D 3231-02, Standard Test Method for 1065.710
Phosphorus in Gasoline...........................
ASTM D 3237-02, Standard Test Method for Lead in 1065.710
Gasoline By Atomic Absorption Spectroscopy.......
ASTM D 5186-03, Standard Test Method for 1065.703
Determination of the Aromatic Content and
Polynuclear Aromatic Content of Diesel Fuels and
Aviation Turbine Fuels By Supercritical Fluid
Chromatography...................................
ASTM E 617-97, (Reapproved 2003), Standard 1065.790
Specification for Laboratory Weights and
Precision Mass Standards.........................
ASTM F 1471-93, (Reapproved 2001), Standard Test 1065.140
Method for Air Cleaning Performance of a High-
Efficiency Particulate Air Filter System.........
------------------------------------------------------------------------
(b) ISO material. Table 2 of this section lists material from the
International Organization for Standardization that we have
incorporated by reference. The first column lists the number and name
of
[[Page 55011]]
the material. The second column lists the section of this part where we
reference it. Anyone may purchase copies of these materials from the
International Organization for Standardization, Case Postale 56, CH-
1211 Geneva 20, Switzerland. Table 2 follows:
Table 2 of Sec. 1065.1010.--ISO Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
ISO 8178-1, Reciprocating internal combustion 1065.130, 1065.135,
engines--Exhaust emission measurement--Part 1: 1065.140, 1065.155
Test-bed measurement of gaseous and particulate
exhaust emissions, 2004..........................
ISO 14644-1, Cleanrooms and associated controlled 1065.190
environments.....................................
------------------------------------------------------------------------
(c) NIST material. Table 3 of this section lists material from the
National Institute of Standards and Technology that we have
incorporated by reference. The first column lists the number and name
of the material. The second column lists the section of this part where
we reference it. Anyone may request these materials from the National
Institute of Standards and Technology, NIST, 100 Bureau Drive, Stop
3460, Gaithersburg, MD 20899-3460. Table 3 follows:
Table 3 of Sec. 1065.1010.--NIST Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
Special Publication 811, 1995 Edition, Guide for 1065.20, 1065.650,
the Use of the International System of Units 1065.1005
(SI), Barry N. Taylor, Physics Laboratory........
------------------------------------------------------------------------
(d) SAE material. Table 4 of this section lists material from the
Society of Automotive Engineering that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096.
Table 4 follows:
Table 4 of Sec. 1065.1010.--SAE Materials
------------------------------------------------------------------------
Document number and name Part 1065 reference
------------------------------------------------------------------------
``Optimization of Flame Ionization Detector for 1065.360
Determination of Hydrocarbon in Diluted
Automotive Exhausts,'' Reschke Glen D., SAE
770141...........................................
``Relationships Between Instantaneous and Measured 1065.201
Emissions in Heavy Duty Applications,'' Ganesan
B. and Clark N. N., West Virginia University, SAE
2001-01-3536.....................................
------------------------------------------------------------------------
PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS
260. The authority citation for part 1068 is revised to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
261. Section 1068.10 is revised to read as follows:
Sec. 1068.10 What provisions apply to confidential information?
(a) Clearly show what you consider confidential by marking,
circling, bracketing, stamping, or some other method.
(b) We will store your confidential information as described in 40
CFR part 2. Also, we will disclose it only as specified in 40 CFR part
2. This applies both to any information you send us and to any
information we collect from inspections, audits, or other site visits.
(c) If you send us a second copy without the confidential
information, we will assume it contains nothing confidential whenever
we need to release information from it.
(d) If you send us information without claiming it is confidential,
we may make it available to the public without further notice to you,
as described in 40 CFR 2.204.
262. Section 1068.30 is amended by revising the definition for
``United States'' and adding definitions for ``Days'', ``Defeat
device'', ``Exempted'', ``Good engineering judgment'', ``Motor
vehicle'', ``Revoke'', ``Suspend'', and ``Void'' in alphabetical order
to read as follows:
Sec. 1068.30 What definitions apply to this part?
* * * * *
Days means calendar days, including weekends and holidays.
Defeat device means has the meaning we give in the standard-setting
part.
* * * * *
Exempted means relating to an engine that is not required to meet
otherwise applicable standards. Exempted engines must conform to
regulatory conditions specified for an exemption in this part 1068 or
in the standard-setting part. Exempted engines are deemed to be
``subject to'' the standards of the standard-setting part, even though
they are not required to comply with the otherwise applicable
requirements. Engines exempted with respect to a certain tier of
standards may be required to comply with an earlier tier of standards
as a condition of the exemption; for example, engines exempted with
respect to Tier 2 standards may be required to comply with Tier 1
standards.
Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information. See 40 CFR 1068.5 for the
administrative process we use to evaluate good engineering judgment.
* * * * *
[[Page 55012]]
Motor vehicle has the meaning we give in 40 CFR 85.1703(a). In
general, motor vehicle means any vehicle that EPA deems to be capable
of safe and practical use on streets or highways that has a maximum
ground speed above 40 kilometers per hour (25 miles per hour) over
level, paved surfaces.
* * * * *
Revoke means to terminate the certificate or an exemption for an
engine family. If we revoke a certificate or exemption, you must apply
for a new certificate or exemption before continuing to introduce the
affected engines into commerce. This does not apply to engines you no
longer possess.
* * * * *
Suspend means to temporarily discontinue the certificate or an
exemption for an engine family. If we suspend a certificate, you may
not introduce into commerce engines from that engine family unless we
reinstate the certificate or approve a new one. If we suspend an
exemption, you may not introduce into commerce engines that were
previously covered by the exemption unless we reinstate the exemption.
* * * * *
United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
Void means to invalidate a certificate or an exemption ab initio.
If we void a certificate, all the engines introduced into commerce
under that engine family for that model year are considered
noncompliant, and you are liable for each engine introduced into
commerce under the certificate and may face civil or criminal penalties
or both. This applies equally to all engines in the engine family,
including engines introduced into commerce before we voided the
certificate. If we void an exemption, all the engines introduced into
commerce under that exemption are considered uncertified (or
nonconforming), and you are liable for each engine introduced into
commerce under the exemption and may face civil or criminal penalties
or both. You may not introduce into commerce any additional engines
using the voided exemption.
* * * * *
263. Section 1068.101 is amended by revising the introductory text
and paragraphs (a) and (b) to read as follows:
Sec. 1068.101 What general actions does this regulation prohibit?
This section specifies actions that are prohibited and the maximum
civil penalties that we can assess for each violation. The maximum
penalty values listed in paragraphs (a) and (b) of this section are
shown for calendar year 2004. As described in paragraph (e) of this
section, maximum penalty limits for later years are set forth in 40 CFR
part 19.
(a) The following prohibitions and requirements apply to
manufacturers of new engines and manufacturers of equipment containing
these engines, except as described in subparts C and D of this part:
(1) Introduction into commerce. You may not sell, offer for sale,
or introduce or deliver into commerce in the United States or import
into the United States any new engine or equipment after emission
standards take effect for that engine or equipment, unless it has a
valid certificate of conformity for its model year and the required
label or tag. You also may not take any of the actions listed in the
previous sentence with respect to any equipment containing an engine
subject to this part's provisions, unless the engine has a valid and
appropriate certificate of conformity and the required engine label or
tag. For purposes of this paragraph (a)(1), an appropriate certificate
of conformity is one that applies for the same model year as the model
year of the equipment (except as allowed by Sec. 1068.105(a)), covers
the appropriate category of engines (such as locomotive or CI marine),
and conforms to all requirements specified for equipment in the
standard-setting part. The requirements of this paragraph (a)(1) also
cover new engines you produce to replace an older engine in a piece of
equipment, unless the engine qualifies for the replacement-engine
exemption in Sec. 1068.240. We may assess a civil penalty up to
$32,500 for each engine in violation.
(2) Reporting and recordkeeping. This chapter requires you to
record certain types of information to show that you meet our
standards. You must comply with these requirements to make and maintain
required records (including those described in Sec. 1068.501). You may
not deny us access to your records or the ability to copy your records
if we have the authority to see or copy them. Also, you must give us
the required reports or information without delay. Failure to comply
with the requirements of this paragraph is prohibited. We may assess a
civil penalty up to $32,500 for each day you are in violation.
(3) Testing and access to facilities. You may not keep us from
entering your facility to test engines or inspect if we are authorized
to do so. Also, you must perform the tests we require (or have the
tests done for you). Failure to perform this testing is prohibited. We
may assess a civil penalty up to $32,500 for each day you are in
violation.
(b) The following prohibitions apply to everyone with respect to
the engines to which this part applies:
(1) Tampering. You may not remove or disable a device or element of
design that may affect an engine's emission levels. This restriction
applies before and after the engine is placed in service. Section
1068.120 describes how this applies to rebuilding engines. For a
manufacturer or dealer, we may assess a civil penalty up to $32,500 for
each engine in violation. For anyone else, we may assess a civil
penalty up to $2,750 for each engine in violation. This prohibition
does not apply in any of the following situations:
(i) You need to repair an engine and you restore it to proper
functioning when the repair is complete.
(ii) You need to modify an engine to respond to a temporary
emergency and you restore it to proper functioning as soon as possible.
(iii) You modify a new engine that another manufacturer has already
certified to meet emission standards and recertify it under your own
engine family. In this case you must tell the original manufacturer not
to include the modified engines in the original engine family.
(2) Defeat devices. You may not knowingly manufacture, sell, offer
to sell, or install, an engine part that bypasses, impairs, defeats, or
disables the engine's control of the emissions of any pollutant. We may
assess a civil penalty up to $2,750 for each part in violation.
(3) Stationary engines. For an engine that is excluded from any
requirements of this chapter because it is a stationary engine, you may
not move it or install it in any mobile equipment, except as allowed by
the provisions of this chapter. You may not circumvent or attempt to
circumvent the residence-time requirements of paragraph (2)(iii) of the
nonroad engine definition in Sec. 1068.30. We may assess a civil
penalty up to $32,500 for each day you are in violation.
(4) Competition engines. For an uncertified engine or piece of
equipment that is excluded or exempted from any requirements of this
chapter because it is to be used solely for competition, you may not
use it in a manner that is inconsistent with use
[[Page 55013]]
solely for competition. We may assess a civil penalty up to $32,500 for
each day you are in violation.
(5) Importation. You may not import an uncertified engine or piece
of equipment if it is defined to be new in the standard-setting part
and it is built after emission standards start to apply in the United
States. We may assess a civil penalty up to $32,500 for each day you
are in violation. Note the following:
(i) The definition of new is broad for imported engines;
uncertified engines and equipment (including used engines and
equipment) are generally considered to be new when imported.
(ii) Engines that were originally manufactured before applicable
EPA standards were in effect are generally not subject to emission
standards.
(6) Warranty. You must meet your obligation to honor your emission-
related warranty under Sec. 1068.115 and to fulfill any applicable
responsibilities to recall engines under Sec. 1068.505. Failure to
meet these obligations is prohibited. We may assess a civil penalty up
to $32,500 for each engine in violation.
* * * * *
264. Section 1068.105 is amended by revising paragraph (a) to read
as follows:
Sec. 1068.105 What other provisions apply to me specifically if I
manufacture equipment needing certified engines?
* * * * *
(a) Transitioning to new engine-based standards. If new emission
standards apply in a given model year, your equipment in that model
year must have engines that are certified to the new standards, except
that you may use up your normal inventory of earlier engines that were
built before the date of the new or changed standards. For example, if
your normal inventory practice is to keep on hand a one-month supply of
engines based on your upcoming production schedules, and a new tier of
standard starts to apply for the 2015 model year, you may order engines
based on your normal inventory requirements late in the engine
manufacturer's 2014 model year and install those engines in your
equipment, regardless of the date of installation. Also, if your model
year starts before the end of the calendar year preceding new
standards, you may use engines from the previous model year for those
units you produce before January 1 of the year that new standards
apply. If emission standards do not change in a given model year, you
may continue to install engines from the previous model year without
restriction. You may not circumvent the provisions of Sec.
1068.101(a)(1) by stockpiling engines that were built before new or
changed standards take effect. Note that this allowance does not apply
for equipment subject to equipment-based standards.
* * * * *
265. Section 1068.110 is amended by revising paragraph (e) to read
as follows:
Sec. 1068.110 What other provisions apply to engines in service?
* * * * *
(e) Warranty and maintenance. Owners are responsible for properly
maintaining their engines; however, owners may make warranty claims
against the manufacturer for all expenses related to diagnosing and
repairing or replacing emission-related parts, as described in Sec.
1068.115. The warranty period begins when the engine is first placed
into service. See the standard-setting part for specific requirements.
It is a violation of the Act for anyone to disable emission controls;
see Sec. 1068.101(b)(1) and the standard-setting part.
266. Section 1068.115 is amended by revising paragraph (a) to read
as follows:
Sec. 1068.115 When must manufacturers honor emission-related warranty
claims?
* * * * *
(a) As a certifying manufacturer, you may deny warranty claims only
for failures that have been caused by the owner's or operator's
improper maintenance or use, by accidents for which you have no
responsibility, or by acts of God. For example, you would not need to
honor warranty claims for failures that have been directly caused by
the operator's abuse of an engine or the operator's use of the engine
in a manner for which it was not designed, and are not attributable to
you in any way.
* * * * *
267. Section 1068.125 is amended by revising paragraph (b)
introductory text to read as follows:
Sec. 1068.125 What happens if I violate the regulations?
* * * * *
(b) Administrative penalties. Instead of bringing a civil action,
we may assess administrative penalties if the total is less than
$270,000 against you individually. This maximum penalty may be greater
if the Administrator and the Attorney General jointly determine that is
appropriate for administrative penalty assessment, or if the limit is
adjusted under 40 CFR part 19. No court may review such a
determination. Before we assess an administrative penalty, you may ask
for a hearing (subject to 40 CFR part 22). The Administrator may
compromise or remit, with or without conditions, any administrative
penalty that may be imposed under this section.
* * * * *
268. Section 1068.201 is amended by revising paragraph (i) to read
as follows:
Sec. 1068.201 Does EPA exempt or exclude any engines from the
prohibited acts?
* * * * *
(i) If you want to take an action with respect to an exempted or
excluded engine that is prohibited by the exemption or exclusion, such
as selling it, you need to certify the engine. We will issue a
certificate of conformity if you send us an application for
certification showing that you meet all the applicable requirements
from the standard-setting part and pay the appropriate fee. Also, in
some cases, we may allow manufacturers to modify the engine as needed
to make it identical to engines already covered by a certificate. We
would base such an approval on our review of any appropriate
documentation. These engines must have emission control information
labels that accurately describe their status.
269. Section 1068.240 is amended by revising paragraph (d) to read
as follows:
Sec. 1068.240 What are the provisions for exempting new replacement
engines?
* * * * *
(d) If the engine being replaced was certified to emission
standards less stringent than those in effect when you produce the
replacement engine, add a permanent label with your corporate name and
trademark and the following language:
THIS ENGINE COMPLIES WITH U.S. EPA NONROAD EMISSION REQUIREMENTS
FOR [APPLICABLE MODEL YEAR]
ENGINES UNDER 40 CFR 1068.240. SELLING
OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A
NONROAD ENGINE BUILT BEFORE JANUARY 1, [Insert appropriate year
reflecting when the next tier of emission standards began to apply]
MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.
* * * * *
270. Section 1068.245 is amended by revising paragraphs (a)(4) and
(f)(4) to read as follows:
Sec. 1068.245 What temporary provisions address hardship due to
unusual circumstances?
(a) * * *
(4) No other allowances are available under the regulations in this
chapter to avoid the impending violation, including the provisions of
Sec. 1068.250.
* * * * *
[[Page 55014]]
(f) * * *
(4) One of the following statements:
(i) If the engine does not meet any emission standards: ``THIS
ENGINE IS EXEMPT UNDER 40 CFR 1068.245 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''.
(ii) If the engine meets alternate emission standards as a
condition of an exemption under this section: ``THIS ENGINE COMPLIES
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.245.''.
271. Section 1068.250 is amended by revising paragraph (k)(4) to
read as follows:
Sec. 1068.250 What are the provisions for extending compliance
deadlines for small-volume manufacturers under hardship?
* * * * *
(f) * * *
(4) One of the following statements:
(i) If the engine does not meet any emission standards: ``THIS
ENGINE IS EXEMPT UNDER 40 CFR 1068.250 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''.
(ii) If the engine meets alternate emission standards as a
condition of an exemption under this section: ``THIS ENGINE COMPLIES
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.250.''.
272. Section 1068.255 is amended by revising paragraphs (a)
introductory text and (b)(4) to read as follows:
Sec. 1068.255 What are the provisions for exempting engines for
hardship for equipment manufacturers and secondary engine
manufacturers?
* * * * *
(a) Equipment exemption. As an equipment manufacturer, you may ask
for approval to produce exempted equipment for up to 12 months. We will
generally limit this to the first year that new or revised emission
standards apply. Send the Designated Officer a written request for an
exemption before you are in violation. In your request, you must show
you are not at fault for the impending violation and that you would
face serious economic hardship if we do not grant the exemption. This
exemption is not available under this paragraph (a) if you manufacture
the engine you need for your own equipment or if complying engines are
available from other engine manufacturers that could be used in your
equipment, unless we allow it elsewhere in this chapter. We may impose
other conditions, including provisions to use an engine meeting less
stringent emission standards or to recover the lost environmental
benefit. In determining whether to grant the exemptions, we will
consider all relevant factors, including the following:
* * * * *
(b) * * *
(4) One of the following statements:
(i) If the engine does not meet any emission standards: ``THIS
ENGINE IS EXEMPT UNDER 40 CFR 1068.255 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''.
(ii) If the engine meets alternate emission standards as a
condition of an exemption under this section: ``THIS ENGINE COMPLIES
WITH U.S. EPA NONROAD EMISSION REQUIREMENTS UNDER 40 CFR 1068.255.''.
* * * * *
273. Section 1068.260 is amended by revising paragraphs (a)(4),
(a)(6)(i), and (f) and adding paragraph (g) to read as follows:
Sec. 1068.260 What are the provisions for temporarily exempting
engines for delegated final assembly?
(a) * * *
(4) Include the cost of all aftertreatment components (including
shipping costs) in the cost of the engine.
* * * * *
(6) * * *
(i) Obtain annual affidavits from every equipment manufacturer to
whom you sell engines under this section. Include engines that you sell
through distributors or dealers. The affidavits must list the part
numbers of the aftertreatment devices that equipment manufacturers
install on each engine they purchase from you under this section.
* * * * *
(f) You are liable for the in-use compliance of any engine that is
exempt under this section.
(g) It is a violation of the Act for any person to complete
assembly of the exempted engine without complying fully with the
installation instructions.
274. A new Sec. 1068.265 is added to subpart C to read as follows:
Sec. 1068.265 What provisions apply to engines that are conditionally
exempted from certification?
Engines produced under an exemption for replacement engines (Sec.
1068.240) or for hardship (Sec. 1068.245, Sec. 1068.250, or Sec.
1068.255) may need to meet alternate emission standards as a condition
of the exemption. The standard-setting part may similarly exempt
engines from all certification requirements, or allow us to exempt
engines from all certification requirements for certain cases, but
require the engines to meet alternate standards. In these cases, all
the following provisions apply:
(a) Your engines must meet the alternate standards we specify in
(or pursuant to) the exemption section, and all other requirements
applicable to engines that are subject to such standards.
(b) You need not apply for and receive a certificate for the exempt
engines. However, you must comply with all the requirements and
obligations that would apply to the engines if you had received a
certificate of conformity for them, unless we specifically waive
certain requirements.
(c) You must have emission data from test engines using the
appropriate procedures that demonstrate compliance with the alternate
standards, unless the engines are identical in all material respects to
engines that you have previously certified to standards that are the
same as, or more stringent than, the alternate standards.
(d) Unless we specify otherwise elsewhere in this part or in the
standard-setting part, you must meet the labeling requirements in the
standard-setting part, with the following exceptions:
(1) Instead of an engine family designation, use a modified
designation to identify the group of engines that would otherwise be
included in the same engine family.
(2) Instead of the compliance statement required in the standard-
setting part, add the following statement: ``THIS ENGINE MEETS U.S. EPA
EMISSION STANDARDS UNDER 40 CFR 1068.265.''.
(e) You may not generate emission credits for averaging, banking,
or trading with engines meeting requirements under the provisions of
this section.
(f) Keep records to show that you meet the alternate standards, as
follows:
(1) If your exempted engines are identical to previously certified
engines, keep your most recent application for certification for the
certified engine family.
(2) If you previously certified a similar engine family, but have
modified the exempted engine in a way that changes it from its
previously certified configuration, keep your most recent application
for certification for the certified engine family, a description of the
relevant changes, and any test data or engineering evaluations that
support your conclusions.
(3) If you have not previously certified a similar engine family,
keep all the records we specify for the application for certification
and any additional
[[Page 55015]]
records the standard-setting part requires you to keep.
(g) We may require you to send us an annual report of the engines
you produce under this section.
275. Section 1068.315 is amended by revising paragraphs (f)(2)(i)
and (f)(2)(iii) to read as follows:
Sec. 1068.315 What are the permanent exemptions for imported engines?
* * * * *
(f) * * *
(2) * * *
(i) You have owned the engine for at least six months.
* * * * *
(iii) You use data or evidence sufficient to show that the engine
is in a configuration that is identical to an engine the original
manufacturer has certified to meet emission standards that apply at the
time the manufacturer finished assembling or modifying the engine in
question. If you modify the engine to make it identical, you must
completely follow the original manufacturer's written instructions.
* * * * *
276. Section 1068.410 is amended by adding paragraph (j) to read as
follows:
Sec. 1068.410 How must I select and prepare my engines?
* * * * *
(j) Retesting after reaching a fail decision. You may retest your
engines once a fail decision for the audit has been reached based on
the first test on each engine under Sec. 1068.420(c). You may test
each engine up to a total of three times, but you must perform the same
number of tests on each engine. You may further operate the engine to
stabilize emission levels before testing, subject to the provisions of
paragraph (f) of this section. We may approve retesting at other times
if you send us a request with satisfactory justification.
277. Section 1068.510 is amended by revising paragraph (a)(10) and
adding paragraph (i) to read as follows:
Sec. 1068.510 How do I prepare and apply my remedial plan?
(a)* * *
(10) If your employees or authorized warranty agents will not be
doing the work, state who will and describe their qualifications.
* * * * *
(i) For purposes of recall, owner means someone who owns an engine
affected by a remedial plan or someone who owns a piece of equipment
that has one of these engines.
Sec. 1068.540 [Removed]
278. Remove Sec. 1068.540.
[FR Doc. 04-19223 Filed 9-9-04; 8:45 am]
BILLING CODE 6560-50-P
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