[[pp. 28347-28393]]
[Federal Register: May 18, 2007 (Volume 72, Number 96)]
[Proposed Rules]
[Page 28347-28393]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my07-22]
[[pp. 28347-28393]]
Control of Emissions from Nonroad Spark-Ignition
Engines and Equipment
[[Continued from page 28346]]
[[Page 28347]]
7 Steady-state...................... 43 0
------------------------------------------------------------------------
\a\ Control engine speed as described in Sec. 1054.505. Control engine
speed for Mode 6 as described in Sec. 1054.505(c) for idle
operation.
\b\ Advance from one mode to the next within a 20-second transition
phase. During the transition phase, command a linear progression from
the torque setting of the current mode to the torque setting of the
next mode.
\c\ The percent torque is relative to the value established for full-
load torque, as described in Sec. 1054.505.
Appendix III to Part 1054--High-Altitude Counties
The following counties have areas above 4,000 feet above sea
level and are therefore considered to be high-altitude counties:
State of Arizona
Apache
Cochise
Coconino
Navajo
Yavapai
State of Colorado
Adams
Alamosa
Arapahoe
Archuleta
Boulder
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Crowley
Custer
Delta
Denver
Dolores
Douglas
Eagle
Elbert
El Paso
Fremont
Garfield
Gilpin
Grand
Gunnison
Hinsdale
Huerfano
Jackson
Jefferson
Kit Carson
Lake
La Plata
Larimer
Las Animas
Lincoln
Mesa
Mineral
Moffat
Montezuma
Montrose
Morgan
Otero
Ouray
Park
Pitkin
Pueblo
Rio Blanco
Rio Grande
Routt
Saguache
San Juan
San Miguel
Summit
Teller
Washington
Weld
State of Idaho
Bannock
Bear Lake
Bingham
Blaine
Bonneville
Butte
Camas
Caribou
Cassia
Clark
Custer
Franklin
Fremont
Jefferson
Lemhi
Madison
Minidoka
Oneida
Power
Teton
Valley
State of Montana
Beaverhead
Deer Lodge
Gallatin
Jefferson
Judith Basin
Powell
Madison
Meagher
Park
Silver Bow
Wheatland
State of Nebraska
Banner
Cheyenne
Kimball
Sioux
State of Nevada
Carson City
Douglas
Elko
Esmeralda
Eureka
Humboldt
Lander
Lincoln
Lyon
Mineral
Nye
Pershing
Storey
Washoe
White Pine
State of New Mexico
Bernalillo
Catron
Colfax
Curry
De Baca
Grant
Guadalupe
Harding
Hidalgo
Lincoln
Los Alamos
Luna
McKinley
Mora
Otero
Rio Arriba
Roosevelt
Sandoval
San Juan
San Miguel
Santa Fe
Sierra
Socorro
Taos
Torrance
Union
Valencia
State of Oregon
Harney
Lake
Klamath
State of Texas
Jeff Davis
Judspeth
Parmer
State of Utah
Beaver
Box Elder
Cache
Carbon
Daggett
Davis
Duchesne
Emery
Garfield
Grand
Iron
Juab
Kane
Millard
Morgan
Piute
Rich
Salt Lake
San Juan
Sanpete
Sevier
Summit
Tooele
Uintah
Utah
Wasatch
Wayne
Weber
State of Wyoming
Albany
Campbell
Carbon
Converse
Fremont
Goshen
Hot Springs
Johnson
Laramie
Lincoln
Natrona
Niobrara
[[Page 28348]]
Park
Platte
Sublette
Sweetwater
Teton
Uinta
Washakie
Weston
133. A new part 1060 is added to subchapter U of chapter I to read
as follows:
PART 1060--CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE
NONROAD AND STATIONARY EQUIPMENT
Subpart A--Overview and Applicability
Sec.
1060.1 Which products are subject to this part's requirements?
1060.5 Do the requirements of this part apply to me?
1060.10 How is this part organized?
1060.15 Do any other regulation parts apply to me?
1060.20 Submission of information.
Subpart B--Emission Standards and Related Requirements
1060.101 What evaporative emission requirements apply under this part?
1060.102 What permeation emission control requirements apply for
fuel lines?
1060.103 What permeation emission control requirements apply for
fuel tanks?
1060.104 What running loss emission control requirements apply?
1060.105 What diurnal and diffusion requirements apply for equipment?
1060.120 What emission-related warranty requirements apply?
1060.125 What maintenance instructions must I give to buyers?
1060.130 What installation instructions must I give to equipment
manufacturers?
1060.135 How must I label and identify the engines and equipment I produce?
1060.136 How must I label and identify the fuel lines I produce?
1060.137 How must I label and identify the fuel tanks I produce?
1060.138 How must I label and identify other emission-related
components I produce?
Subpart C--Certifying Emission Families
1060.201 What are the general requirements for obtaining a
certificate of conformity?
1060.202 What are the certification requirements related to the
general standards in Sec. 1060.101?
1060.205 What must I include in my application?
1060.210 What records should equipment manufacturers keep if they do
not apply for certification?
1060.225 How do I amend my application for certification?
1060.230 How do I select emission families?
1060.235 What emission testing must I perform for my application for
a certificate of conformity?
1060.240 How do I demonstrate that my emission family complies with
evaporative emission standards?
1060.250 What records must I keep and what reports must I send to EPA?
1060.255 What decisions may EPA make regarding my certificate of
conformity?
Subpart D--Production Verification Testing
1060.301 Manufacturer testing.
1060.310 Supplying products to EPA for testing.
Subpart E--In-Use Testing
1060.401 General Provisions.
Subpart F--Test Procedures
1060.501 General testing provisions.
1060.505 Other procedures.
1060.510 How do I test EPA Low Emission Fuel Lines for permeation
emissions?
1060.515 How do I test EPA Nonroad Fuel Lines for permeation emissions?
1060.520 How do I test fuel tanks for permeation emissions?
1060.521 How do I test fuel caps for permeation emissions?
1060.525 How do I test fuel systems for diurnal emissions?
1060.530 How do I test fuel systems for diffusion emissions?
1060.535 How do I measure fuel temperatures to comply with running
loss requirements?
Subpart G--Special Compliance Provisions
1060.601 How do the prohibitions of 40 CFR 1068.101 apply with
respect to the requirements of this part?
1060.605 Exemptions from evaporative emission standards.
1060.640 What special provisions apply to branded equipment?
Subpart H--Averaging, Banking, and Trading Provisions
1060.701 Applicability.
1060.705 How do I certify components to an emission level other than
the standard under this part or use such components in my equipment?
Subpart I--Definitions and Other Reference Information
1060.801 What definitions apply to this part?
1060.805 What symbols, acronyms, and abbreviations does this part use?
1060.810 What materials does this part reference?
1060.815 What provisions apply to confidential information?
1060.820 How do I request a hearing?
1060.825 What reporting and recordkeeping requirements apply under
this part?
Authority: 42 U.S.C. 7401-7671q.
Subpart A--Overview and Applicability
Sec. 1060.1 Which products are subject to this part's requirements?
(a) The standards and other requirements in this part 1060 apply to
fuel lines, fuel tanks, couplings and fittings, and fuel caps used or
intended to be used in the following categories of new engines and
equipment that are fueled with a volatile liquid fuel (such as gasoline
or ethanol, but not including diesel fuel), and the equipment in which
these components are installed, starting with the model years shown in
Table 1 of this section:
(1) Compression-ignition engines we regulate under 40 CFR part
1039. This includes stationary compression-ignition engines we regulate
under the provisions of 40 CFR part 1039, as indicated under 40 CFR
part 60, subpart IIII. See the evaporative emission standards specified
in 40 CFR 1048.105. These engines are considered to be Large SI engines
for purposes of this part 1060.
(2) Marine compression-ignition engines we regulate under 40 CFR
part 1042. See the evaporative emission standards specified in 40 CFR
1045.107. These engines are considered to be Marine SI engines for
purposes of this part 1060.
(3) Marine SI engines we regulate under 40 CFR part 1045. See the
evaporative emission standards specified in 40 CFR 1045.107.
(4) Large SI engines we regulate under 40 CFR part 1048. This
includes stationary spark-ignition engines subject to standards under
40 CFR parts 1048 or 1054 as indicated in 40 CFR part 60, subpart JJJJ.
See the evaporative emission standards specified in 40 CFR 1048.105.
(5) Recreational vehicles and engines we regulate under 40 CFR part
1051 (such as snowmobiles and off-highway motorcycles). This includes
highway motorcycles subject to standards under 40 CFR part 1051 as
indicated in 40 CFR part 86, subpart E since these motorcycles are
considered to be recreational vehicles for purposes of this part 1060.
See the evaporative emission standards specified in 40 CFR 1051.110.
(6) Small SI engines we regulate under 40 CFR part 1054. See the
evaporative emission standards specified in 40 CFR 1054.110.
(7) Portable marine fuel tanks and fuel lines associated with such
fuel tanks must meet evaporative emission standards specified in 40 CFR
1045.107. Portable nonroad fuel tanks and fuel lines associated with
such fuel tanks must also meet evaporative emission standards specified
in 40 CFR 1045.107,
[[Page 28349]]
whether or not they are used with marine vessels. Portable nonroad fuel
tanks are considered to be portable marine fuel tanks for purposes of
this part 1060.
(b) The regulations in this part 1060 apply for new replacement
components used with any of the engines or equipment specified in
paragraph (a) of this section as described in Sec. 1060.601.
(c) Fuel caps are subject to evaporative emission standards at the
point of installation on a fuel tank. If a fuel cap is certified for
use with Marine SI engines or Small SI engines under the optional
standards of Sec. 1060.103, it is subject to all the requirements of
this part 1060 as if these optional standards were mandatory.
(d) This part 1060 does not apply to any diesel-fueled engine or
any other engine that does not use a volatile liquid fuel. In addition,
this part does not apply to any engines or equipment in the following
categories even if they use a volatile liquid fuel:
(1) Light-duty motor vehicles (see 40 CFR part 86).
(2) Heavy-duty motor vehicles and heavy-duty motor vehicle engines
(see 40 CFR part 86).
(3) Aircraft engines (see 40 CFR part 87).
(4) Locomotives (see 40 CFR part 92).
(5) Land-based nonroad diesel engines we regulate under 40 CFR part 89.
(6) Marine diesel engines we regulate under 40 CFR part 89 or 94.
(7) Marine spark-ignition engines we regulate under 40 CFR part 91.
(e) This part 1060 does not apply for fuel lines made wholly of metal.
Table 1 to Sec. 1060.1--Part 1060 Applicability by Model Year
----------------------------------------------------------------------------------------------------------------
Fuel line Diurnal or Running loss
Equipment category or subcategory permeation Tank permeation diffusion emissions emissions
----------------------------------------------------------------------------------------------------------------
Marine SI--portable fuel tanks... 2009 2011............... 2009............... Not applicable.
Marine SI--personal watercraft... 2009 2011............... 2009............... Not applicable.
Marine SI--other installed fuel 2009 2012............... 2010............... Not applicable.
tanks.
Large SI......................... 2007 Not applicable..... 2007 (includes tank 2007
permeation).
Recreational vehicles............ 2008 2008............... Not applicable..... Not applicable.
Small SI--handheld engines....... \a\ 2012 2010 \b\........... Not applicable..... Not applicable.
Small SI--Class I nonhandheld 2008 2012............... 2012............... 2012
engines.
Small SI--Class II nonhandheld 2008 2011............... 2011............... 2011
engines.
----------------------------------------------------------------------------------------------------------------
\a\ 2013 for small-volume emission families.
\b\ 2011 for structurally integrated nylon fuel tanks and 2013 for all small-volume emission families.
Sec. 1060.5 Do the requirements of this part apply to me?
The requirements of this part are generally addressed to
manufacturers that are subject to this part's requirements, as
described in paragraph (a) of this section. The term ``you'' generally
means the manufacturer or manufacturers that are subject to these
requirements. Paragraphs (b) through (e) of this section describe which
manufacturers may or must certify their products. (Note: Sec. 1060.601
allows the certification responsibility to be delegated in certain
circumstances.)
(a) Overall responsibilities. Manufacturers of engines, equipment,
and fuel-system components described in Sec. 1060.1 are subject to the
standards and other requirements of this part 1060 except as otherwise
noted. Multiple manufacturers may be subject to these standards and
other requirements. For example, when a Small SI equipment manufacturer
buys fuel lines manufactured by another person and installs them in its
equipment, both the equipment manufacturer and the fuel line
manufacturer are subject to the standards and other requirements of
this part. The following provisions apply in such cases:
(1) Each person meeting the definition of manufacturer that is
subject to the standards and other requirements of this part must
comply with such requirements. However, if one person complies with a
specific requirement for a given product, then all manufacturers are
deemed to have complied with that specific requirement. For example, if
a Small SI equipment manufacturer uses fuel lines manufactured and
certified by another company, the equipment manufacturer is not
required to obtain a certificate with respect to the fuel line emission
standards. The Small SI equipment manufacturer remains subject to the
standards and other requirements of this part. However, where a
provision requires a specific manufacturer to comply with certain
provisions, this paragraph (a) does not change or modify such a
requirement. For example, where this section specifies that a certain
manufacturer must certify its product, this paragraph (a) does not
modify or change that manufacturer's obligation to comply with the
certification requirements.
(2) The requirements of subparts C and D of this part apply to the
manufacturer that obtains the certificate of conformity. Other
manufacturers are required to comply with the requirements of subparts
C and D of this part only when we send notification. In our
notification, we will specify a reasonable period for complying with
the requirements identified in the notice. See Sec. 1060.601 for the
applicability of 40 CFR part 1068 to these other manufacturers.
(3) Certificate holders are responsible for meeting all applicable
requirements even if other manufacturers are also subject to those
requirements.
(b) Marine SI. Vessels, engines, and fuel-system components may be
certified as follows:
(1) Component manufacturers must certify their fuel lines and fuel
tanks intended for installation with Marine SI engines and vessels
under this part 1060, except as allowed by Sec. 1060.601.
(2) Vessel manufacturers are subject to all the requirements of
this part 1060 that apply to Marine SI engines and fuel systems.
However, they must certify their vessels to the emission standards
specified in Sec. Sec. 1060.102 through 1060.105 only if one or more
of the following conditions apply:
(i) Vessel manufacturers install certified components that are not
certified to meet all applicable evaporative emission standards. This
would include vessel manufacturers
[[Page 28350]]
that make their own fuel tanks. Vessel manufacturers would certify
under this part 1060.
(ii) Vessel manufacturers intend to generate or use emission
credits, even if they use only certified components to meet all
applicable evaporative emission standards. Vessel manufacturers would
certify under part 40 CFR part 1045 using the emission-credit
provisions in subpart H of that part to demonstrate compliance with the
emission standard.
(3) For purposes of this part 1060, manufacturers of outboard
engines must meet all the requirements that apply to vessel manufacturers.
(c) Large SI. Engine manufacturers must certify their engines and
fuel systems under 40 CFR part 1048.
(d) Recreational vehicles. Vehicles, engines and fuel-system
components may be certified as follows:
(1) Vehicle and engine manufacturers must certify their vehicles
and engines under 40 CFR part 1051.
(2) Component manufacturers may certify fuel lines and fuel tanks
intended for recreational vehicles under this part 1060.
(e) Small SI. Engines, equipment, and fuel-system components may be
certified as follows:
(1) Component manufacturers must certify their fuel lines and fuel
tanks intended for Small SI engines and equipment under this part 1060,
except as allowed by Sec. 1060.601.
(2) Engine and equipment manufacturers are subject to all the
requirements of this part 1060 that apply to handheld Small SI engines
and fuel systems. However, they must certify their engines or equipment
to the emission standards specified in Sec. Sec. 1060.102 through
1060.105 only if one or more of the following conditions apply:
(i) Engine or equipment manufacturers install certified components
that are not certified to meet all applicable evaporative emission
standards. This would include engine or equipment manufacturers that
make their own fuel tanks. Engine or equipment manufacturers would
certify under this part 1060.
(ii) Engine or equipment manufacturers intend to generate or use
emission credits, even if they use only certified components to meet
all applicable evaporative emission standards. Engine or equipment
manufacturers would certify under part 40 CFR part 1054 using the
emission-credit provisions in subpart H of that part to demonstrate
compliance with the emission standard.
(3) Engine manufacturers that produce nonhandheld Small SI engines
with complete fuel systems must certify their engines and fuel systems
under 40 CFR part 1054.
(4) Equipment manufacturers are subject to all the requirements of
this part 1060 that apply to nonhandheld Small SI engines and fuel
systems. However, they must certify their equipment to the emission
standards specified in Sec. Sec. 1060.102 through 1060.105 only if one
or more of the following conditions apply:
(i) The engine manufacturer's certification does not cover running
loss emission standards. Equipment manufacturers would certify under
this part 1060.
(ii) Equipment manufacturers install components that are not
certified to meet all applicable evaporative emission standards. This
would include equipment manufacturers that make their own fuel tanks.
Equipment manufacturers would certify under this part 1060.
(iii) Equipment manufacturers intend to generate or use emission
credits, even if they use only certified components to meet all
applicable evaporative emission standards. Equipment manufacturers
would certify under part 40 CFR part 1054 using the emission-credit
provisions in subpart H of that part to demonstrate compliance with the
emission standard.
(f) Summary of certification responsibilities. Tables 1 through 3
of this section summarize the certification responsibilities for
different kinds of manufacturers as described in paragraphs (b) through
(e) of this section. The term ``No'' as used in the tables means that a
manufacturer is not required to obtain a certificate of conformity
under paragraphs (b) through (e) of this section. In situations where
multiple manufacturers are subject to the standards and other
requirements of this part, such a manufacturer must nevertheless
certify if the manufacturer who is required to certify under paragraphs
(b) through (e) of this section fails to obtain a certificate of conformity.
Table 1 to Sec. 1060.5--Summary of Engine Manufacturer Certification
Responsibilities
------------------------------------------------------------------------
Is the engine Code of Federal
manufacturer required Regulations cite
Equipment type to certify fuel for
systems? \a\ certification
------------------------------------------------------------------------
Marine SI..................... No, but manufacturers ................
of outboard engines
are treated as
equipment
manufacturers in this
part.
Large SI...................... Yes................... 40 CFR part
1048.
Recreational vehicles......... No.
Small SI...................... Handheld: No, unless 40 CFR part
engine manufacturers 1054.
install uncertified
components or intend
to generate or use
emission credits.
Nonhandheld: No, ................
unless engines are
sold with complete
fuel systems.
------------------------------------------------------------------------
\a\ Fuel lines and fuel tanks that are attached to or sold with engines
must be covered by a certificate of conformity.
Table 2 to Sec. 1060.5.--Summary of Equipment Manufacturer
Certification Responsibilities
------------------------------------------------------------------------
Is the equipment Code of Federal
manufacturer required Regulations cite
Equipment type to certify fuel for
systems? certification
------------------------------------------------------------------------
Marine SI..................... Yes, but only if 40 CFR part
vessel manufacturers 1060, or 40 CFR
install uncertified part 1045 if
fuel lines or fuel certifying only
tanks or intend to for emission
generate or use credits.
emission credits.
Large SI...................... No. ................
Recreational vehicles......... Yes, even if vehicle 40 CFR part
manufacturers install 1051.
certified components..
[[Page 28351]]
Small SI...................... Handheld: No, unless 40 CFR part
equipment 1060, or 40 CFR
manufacturers install part 1054 if
uncertified certifying only
components or intend for emission
to generate or use credits.
emission credits.
Nonhandheld: No, ................
unless equipment
manufacturers (1) use
an engine that has
not already been
certified for control
of running loss
emissions; (2)
install uncertified
components; or (3)
intend to generate or
use emission credits.
------------------------------------------------------------------------
Table 3 to Sec. 1060.5.--Summary of Component Manufacturer
Certification Responsibilities
------------------------------------------------------------------------
Is the component Code of Federal
manufacturer required Regulations cite
Equipment type to certify fuel lines for
and fuel tanks? certification
------------------------------------------------------------------------
Marine SI..................... Yes, including 40 CFR part
portable marine fuel 1060.
tanks and associated
fuel lines.\a\.
Large SI...................... No. ................
Recreational vehicles......... Allowed but not 40 CFR part
required. 1060.
Small SI...................... Yes \a\............... 40 CFR part
1060.
------------------------------------------------------------------------
\a\ See Sec. 1060.601 for an allowance to make contractual
arrangements with engine or equipment manufacturers instead of
certifying.
Sec. 1060.10 How is this part organized?
This part 1060 is divided into the following subparts:
(a) Subpart A of this part defines the applicability of part 1060
and gives an overview of regulatory requirements.
(b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify equipment or components
under this part. Note that Sec. 1060.110 discusses certain interim
requirements and compliance provisions that apply only for a limited time.
(c) Subpart C of this part describes how to apply for a certificate
of conformity.
(d) Subpart D of this part describes the requirements related to
verifying that products are being produced as described in an approved
application for certification.
(e) Subpart E of this part describes the requirements related to
verifying that products are meeting the standards in use.
(f) Subpart F of this part describes how to measure evaporative
emissions.
(g) Subpart G of this part and 40 CFR part 1068 describe
requirements, prohibitions, and other provisions that apply to
manufacturers, owners, operators, and all others.
(h) Subpart H of this part describes how to certify your equipment
or components for inclusion in an emission averaging program allowed by
an exhaust standard-setting part.
(i) Subpart I of this part contains definitions and other reference
information.
Sec. 1060.15 Do any other regulation parts apply to me?
(a) There is a separate part of the CFR that includes exhaust
emission requirements for each particular application. These are
referred to as the exhaust standard-setting parts. In cases where the
exhaust standard-setting part includes evaporative requirements, apply
this part 1060 as specified in the exhaust standard-setting part, as
follows:
(1) The requirements in the exhaust standard-setting part may
differ from the requirements in this part. In cases where it is not
possible to comply with both the exhaust standard-setting part and this
part, you must comply with the requirements in the exhaust standard-
setting part. The exhaust standard-setting part may also allow you to
deviate from the procedures of this part for other reasons.
(2) The exhaust standard-setting parts may reference some sections
of this part 1060 or may allow or require certification under this part
1060. See the exhaust standard-setting parts, to determine what
provisions of this part 1060 apply for these equipment types.
(b) The requirements and prohibitions of part 1068 of this chapter
apply to everyone, including anyone who manufactures, imports, owns,
operates, or services any of the fuel systems subject to this part
1060. Part 1068 of this chapter describes general provisions, including
the following areas:
(1) Prohibited acts and penalties for engine manufacturers,
equipment manufacturers, and others.
(2) Exclusions and exemptions for certain products.
(3) Importing products.
(4) Defect reporting and recall.
(5) Procedures for hearings.
(c) Other parts of this chapter apply if referenced in this part.
Sec. 1060.20 Submission of information.
(a) This part includes various requirements to record data or other
information. Refer to Sec. 1060.825, 40 CFR 1068.25, and the exhaust
standard-setting part regarding recordkeeping requirements. If
recordkeeping requirements are not specified, store these records in
any format and on any media and keep them readily available for one
year after you send an associated application for certification, or one
year after you generate the data if they do not support an application
for certification. You must promptly send us organized, written records
in English if we ask for them. We may review them at any time.
(b) The regulations in Sec. 1060.255 and 40 CFR 1068.101 describe
your obligation to report truthful and complete information and the
consequences of failing to meet this obligation. This includes
information not related to certification.
Subpart B--Emission Standards and Related Requirements
Sec. 1060.101 What evaporative emission requirements apply under this
part?
Products subject to this part must meet emission standards and
related requirements as follows:
[[Page 28352]]
(a) Section 1060.102 describes permeation emission control
requirements for fuel lines.
(b) Section 1060.103 describes permeation emission control
requirements for fuel tanks.
(c) Section 1060.104 describes running loss emission control
requirements for fuel systems.
(d) Section 1060.105 describes diurnal and diffusion emission
control requirements for fuel tanks.
(e) The following general requirements apply for components and
equipment subject to the emission standards in Sec. Sec. 1060.102
through 1060.105:
(1) Adjustable parameters. Components or equipment with adjustable
parameters must meet all the requirements of this part for any
adjustment in the physically adjustable range.
(2) Prohibited controls. The following controls are prohibited:
(i) For anyone to design, manufacture, or install emission control
systems so they cause or contribute to an unreasonable risk to public
health, welfare, or safety while operating.
(ii) For anyone to design, manufacture, or install emission control
systems with features that disable, deactivate, or bypass the emission
controls, either actively or passively. For example, you may not
include a manual vent that the operator can open to bypass emission
controls. You may ask us to allow such features if needed for safety
reasons or if the features are fully functional during emission tests
described in subpart F of this part.
(3) Emission credits. Equipment manufacturers are allowed to comply
with the emission standards in this part using emission credits only if
the exhaust standard-setting part explicitly allows it for evaporative
emissions. See the exhaust standard-setting part and subpart H of this
part for information about complying with emission credits. For
equipment manufacturers to generate or use emission credits, components
must be certified to a family emission limit (FEL), which serves as the
standard for those components.
(f) This paragraph (f) specifies requirements that apply to
equipment manufacturers subject to requirements under this part,
whether or not they are subject to and certify to any of the emission
standards in Sec. Sec. 1060.102 through 1060.105. Equipment
manufacturers meeting these requirements will be deemed to be certified
as in conformity with the requirements of this paragraph (f) without
submitting an application for certification, as follows:
(1) Fuel caps, vents, and carbon canisters. You are responsible for
ensuring that proper caps and vents are installed on each new piece of
equipment that is subject to emission standards under this part. The
following particular requirements apply to equipment that is subject to
running loss, diurnal, or diffusion emission standards:
(i) All equipment must have a tethered gas cap. Fuel caps for
equipment subject to diurnal requirements must include a visual or
audible indication when it is properly sealed.
(ii) You may not add vents unless they are allowed by the
applicable certificates of conformity.
(iii) If the emission controls rely on carbon canisters, they must
be installed such that they will not be exposed to water or liquid fuel.
(2) Fuel-line fittings. The following requirements apply for fuel-
line fittings that will be used with fuel lines that must meet
permeation emission standards:
(i) Use good engineering judgment to ensure that all fuel-line
fittings will remain securely connected to prevent fuel leakage
throughout the useful life of the equipment.
(ii) Fuel lines that are intended to be detachable (such as those
for portable marine fuel tanks) must be self-sealing when detached from
the fuel tank or engine.
(3) Refueling. For any equipment using fuel tanks that are subject
to diurnal or permeation emission standards under this part, you must
design and build your equipment such that operators can reasonably be
expected to fill the fuel tank without spitback or spillage during the
refueling event. The following examples illustrate designs that meet
this requirement:
(i) Equipment that is commonly refueled using a portable gasoline
container should have a fuel inlet that is larger than a typical
dispensing spout. The fuel inlet should be located so the operator can
place the nozzle directly in the fuel inlet and see the fuel level
while pouring the fuel (either through the tank wall or the fuel inlet).
(ii) Marine SI vessels with a filler neck extending to the side of
the boat should be designed for automatic fuel shutoff. Alternatively,
the filler neck should be designed such that the orientation of the
filler neck allows dispensed fuel that collects in the filler neck to
flow back into the fuel tank. A filler neck that ends with a horizontal
or nearly horizontal segment at the opening where fuel is dispensed
would not be an acceptable design.
(4) Opt-in by component manufacturers. Component manufacturers may
at their option become subject to the requirements specified in
paragraph (f) of this section. If a component manufacturer is certified
to these standards, all the applicable requirements and these standards
are considered mandatory.
(g) Equipment must meet the standards specified in this part
throughout the useful life of the equipment, where the useful life of
the equipment is either:
(1) The useful life in years specified for the equipment in the
exhaust standard-setting part.
(2) The useful life in years specified for the engine in the
exhaust standard-setting part if the exhaust standards are specified
for the engine rather than the equipment and there is no useful life
given for the equipment.
(3) Five years if no useful life is specified in years for the
equipment or engine in the exhaust standard-setting part.
Sec. 1060.102 What permeation emission control requirements apply for
fuel lines?
(a) Nonmetal fuel lines must meet permeation requirements as follows:
(1) Marine SI fuel lines, including fuel lines associated with
outboard engines or portable marine fuel tanks, must meet the
permeation requirements in this section.
(2) Large SI fuel lines must meet the permeation requirements
specified in 40 CFR 1048.105.
(3) Fuel lines for recreational vehicles must meet the permeation
requirements specified in 40 CFR 1051.110 or in this section.
(4) Small SI fuel lines must meet the permeation requirements in
this section.
(b) Different categories of nonroad equipment are subject to
different requirements with respect to fuel line permeation. Fuel lines
are classified based on measured emissions over the test procedure
specified for the class. (Note: The test procedure for EPA LEFL lines
is performed at a higher temperature than the test procedures for other
classes, such that emissions measured using the EPA LEFL procedure will
be substantially higher than emissions from the same fuel line measured
with the EPA NRFL test procedure.)
(c) The regulations in 40 CFR part 1048 require that fuel lines
used with Large SI engines must meet the standards for EPA LEFL fuel
lines. The regulations in 40 CFR part 1054 require that fuel lines used
with handheld
[[Page 28353]]
Small SI engines used in cold-weather equipment must meet the standards
for EPA CWFL fuel lines. Unless specified otherwise in this subchapter
U, fuel lines used with all other engines and equipment subject to the
provisions of this part 1060, including fuel lines associated with
outboard engines or portable marine fuel tanks, must meet the standards
for EPA NRFL fuel lines.
(d) The following standards apply for each fuel line classification:
(1) EPA LEFL fuel lines must have permeation emissions at or below
25 g/m\2\/day when measured according to the test procedure described
in Sec. 1060.510.
(2) EPA NRFL fuel lines must have permeation emissions at or below
15 g/m\2\/day when measured according to the test procedure described
in Sec. 1060.515.
(3) EPA CWFL fuel lines must have permeation emissions at or below
175 g/m\2\/day when measured according to the test procedure described
in Sec. 1060.515.
(e) You may certify fuel lines for use as sections of any length.
Also, you may certify fuel line assemblies as aggregated systems that
include multiple sections of fuel line with connectors, and fittings.
For example, you may certify fuel lines for portable marine fuel tanks
as assemblies of fuel hose, primer bulbs, and self-sealing end
connections. The standard applies with respect to the total permeation
emissions divided by the wetted internal surface area of the assembly.
Where it is not practical to determine the actual internal surface area
of the assembly, you may assume that the internal surface area per unit
length of the assembly is equal to the ratio of internal surface area
per unit length of the hose section of the assembly.
(f) The exhaust standard-setting part may allow for certification
of fuel lines to a family emission limit for calculating emission
credits as described in subpart H of this part instead of meeting the
emission standards in this section.
Sec. 1060.103 What permeation emission control requirements apply for
fuel tanks?
(a) Fuel tanks must meet permeation requirements as follows:
(1) Marine SI fuel tanks, including portable marine fuel tanks,
must meet the permeation requirements in this section.
(2) Large SI fuel tanks must meet diurnal emission standards as
specified in Sec. 1060.105, which includes measurement of permeation
emissions. No separate permeation standard applies.
(3) Fuel tanks for recreational vehicles must meet the permeation
requirements specified in 40 CFR 1051.110 or in this section.
(4) Small SI fuel tanks must meet the permeation requirements in
this section.
(b) Permeation emissions from fuel tanks may not exceed 1.5 g/m\2\/
day when measured at a nominal temperature of 28 [deg]C with the test
procedures for tank permeation in Sec. 1060.520, except as allowed by
paragraph (e) of this section. You may also choose to meet the
following alternate standards:
(1) If you perform testing at a nominal temperature of 40 [deg]C
under Sec. 1060.520(d), permeation emissions from fuel tanks may not
exceed 2.5 g/m\2\/day.
(2) For structurally integrated nylon fuel tanks used with handheld
Small SI equipment, permeation emissions from fuel tanks may not exceed
2.5 g/m\2\/day for testing at a nominal temperature of 28 [deg]C and
may not exceed 4.0 g/m\2\/day for testing at a nominal temperature of
40 [deg]C.
(c) The exhaust standard-setting part may allow for certification
of fuel tanks to family emission limit for calculating emission credits
as described in subpart H of this part instead of meeting the emission
standards in this section.
(d) For purposes of this section, fuel tanks include fuel caps,
gaskets, and other fittings that are directly mounted to the fuel tank.
Fuel tanks do not include fuel lines that are subject to Sec. 1060.102
or petcocks designed for draining fuel.
(e) Fuel caps may be certified separately to the permeation
emission standard in paragraph (b) of this section using the test
procedures specified in Sec. 1060.521.
Sec. 1060.104 What running loss emission control requirements apply?
(a) Engines and equipment must meet running loss requirements as
follows:
(1) Marine SI engines are not subject to running loss emission
standards, except as noted in paragraph (c) of this section.
(2) Large SI engines must prevent fuel boiling during operation as
specified in 40 CFR 1048.105.
(3) Recreational vehicles are not subject to running loss emission
standards.
(4) Nonhandheld Small SI engines must meet running loss
requirements described in this section. Handheld Small SI fuel tanks
are not subject to running loss emission standards.
(b) You must demonstrate control of running loss emissions in one
of the following ways if your engines or equipment are subject to the
requirements of this section:
(1) Get an approved Executive Order from the California Air
Resources Board showing that your system meets applicable running loss
standards in California.
(2) Route running loss emissions into the engine intake system so
fuel vapors vented from the tank during engine operation are combusted
in the engine. If you produce engines with complete fuel systems, you
must test your engines with an installed vapor line for controlling
running loss emissions. If another company has certified the engine
with respect to exhaust emissions, describe in your application for
certification why you believe the modified engines continue to meet
exhaust emission standards.
(3) Design the equipment so fuel temperature does not rise more
than 8.0 [deg]C during normal operation when measured using the
procedure in Sec. 1060.535. Such a design may use insulation or active
cooling to prevent fuel heating.
(4) Use a bladder or other means to minimize fuel vapor volume in a
sealed fuel tank.
(5) Show that the equipment meets the definition of wintertime
equipment in Sec. 1060.801.
(c) Engines and equipment that are subject to diurnal emission
standards must meet the requirements related to running loss emissions
specified in Sec. 1060.105.
Sec. 1060.105 What diurnal and diffusion requirements apply for equipment?
(a) Fuel tanks must meet diurnal and diffusion emission
requirements as follows:
(1) Marine SI fuel tanks must meet the requirements related to
diurnal emissions specified in this section, including portable marine
fuel tanks. Marine SI fuel tanks are not subject to diffusion emission
standards.
(2) Large SI fuel tanks must meet the requirements related to
diurnal emissions specified in 40 CFR 1048.105. Large SI fuel tanks are
not subject to diffusion emission standards.
(3) Recreational vehicles are not subject to diurnal or diffusion
emission standards.
(4) Nonhandheld Small SI fuel tanks must meet the requirements
related to diffusion emissions specified in this section. Nonhandheld
Small SI fuel tanks are not subject to diurnal emission standards.
Handheld Small SI fuel tanks are not subject to diurnal or diffusion
emission standards.
(b) Diurnal emissions from Marine SI fuel tanks may not exceed 0.40
g/gal/day when measured using the test procedures specified in Sec.
1060.525 for general fuel temperatures. An alternative standard of 0.16
g/gal/day
[[Page 28354]]
applies for fuel tanks installed in nontrailerable boats when measured
using the corresponding fuel temperature profile in Sec. 1060.525.
Portable marine fuel tanks must comply with the requirements of
paragraph (d) of this section.
(c) Portable marine fuel tanks and associated fuel-system
components must meet the following requirements:
(1) They must be self-sealing (without any manual vents) when not
attached to the engines. The tanks may not vent to the atmosphere when
attached to an engine.
(2) They must remain sealed up to a positive pressure of 34.5 kPa
(5.0 psig); however, they may contain air inlets that open when there
is a vacuum pressure inside the tank.
(d) Detachable fuel lines that are intended for use with portable
marine fuel tanks must be self-sealing (without any manual vents) when
not attached to the engine or fuel tank.
(e) The following standards related to diffusion emissions apply
for nonhandheld Small SI fuel tanks:
(1) Diffusion emissions from fuel systems not meeting the design
standard of paragraph (e)(2) of this section may not exceed a
performance standard of 0.80 g/day when measured using the test
procedures specified in Sec. 1060.530.
(i) Fuel tanks with fuel caps may be certified as a system to this
diffusion emission standard. Fuel tanks certified this way that are not
sold with the appropriate fuel cap must include specifications for
appropriate fuel caps.
(ii) Fuel caps may be certified separately to this diffusion
emission standard. Such fuel caps must include specifications for
appropriate threading to mate with fuel tanks.
(2) If your fuel system meets any of the following design
standards, you are not subject to the performance standard specified in
paragraph (e)(1) of this section:
(i) A fuel tank must be sealed except for a single vent line that
is at least 180 mm long with a ratio of length to the square of the
diameter of at least 5.0 mm-1 (127 in-1). For
example, a vent line with 7 mm inside diameter would have to be at
least 245 mm long to comply under this paragraph (e)(2)(i).
(ii) A fuel cap must vent only through the cap such that a vent
path goes through the gasket and then around the threads where the fuel
cap screws onto the fuel tank. The ratio of average path length to
total cross-sectional area of the vent path through the gasket must be
at least 1.0 mm-1 (25 in-1), with the vent path
going through at least 360[deg]
of threads. For example, if a gasket
has two vent paths, each with a cross-sectional area of 2 mm\2\ and a
path length of 6 mm, the length-to-area ratio is 1.5 mm-1.
(iii) A fuel tank must be sealed except for a vent through a carbon
canister designed for controlling diurnal or running loss emissions.
(iv) A fuel tank must be designed to remain sealed up to a positive
pressure of 3.5 kPa (0.5 psig).
(f) The following general provisions apply for controlling diurnal
emissions:
(1) Diurnal emission controls must continue to function during
engine operation to control running loss emissions. For example, you
may not use a fuel tank vent line during engine operation if it is not
connected to the diurnal emission controls.
(2) You may not use diurnal emission controls that increase the
occurrence of fuel spitback or spillage during in-use refueling. Also,
if you use a carbon canister, you must incorporate design features that
prevent liquid gasoline from reaching the canister during refueling or
as a result of fuel sloshing.
Sec. 1060.120 What emission-related warranty requirements apply?
(a) General requirements. Certificate holders must warrant to the
ultimate purchaser and each subsequent purchaser that the new nonroad
equipment, including all parts of its evaporative emission control
system, meets two conditions:
(1) It is designed, built, and equipped so it conforms at the time
of sale to the ultimate purchaser with the requirements of this part.
(2) It is free from defects in materials and workmanship that may
keep it from meeting these requirements.
(b) Warranty period. Your emission-related warranty must be valid
for at least two years from the point of first retail sale.
Sec. 1060.125 What maintenance instructions must I give to buyers?
Give ultimate purchasers written instructions for properly
maintaining and using the emission control system.
Sec. 1060.130 What installation instructions must I give to equipment
manufacturers?
(a) If you sell a certified fuel-system component for someone else
to install in equipment, give the installer instructions for installing
it consistent with the requirements of this part.
(b) Make sure these instructions have the following information:
(1) Include the heading: ``Emission-related installation
instructions''.
(2) State: ``Failing to follow these instructions when installing
[IDENTIFY COMPONENT(S)]
in a piece of nonroad equipment violates
federal law (40 CFR 1068.105(b)), subject to fines or other penalties
as described in the Clean Air Act.''.
(3) Describe any limits on the range of applications needed to
ensure that the component operates consistently with your application
for certification. For example:
(i) For fuel tanks sold without fuel caps, you must specify the
requirements for the fuel cap, such as the allowable materials, thread
pattern, how it must seal, etc. You must also include instructions to
tether the fuel cap as described in Sec. 1060.101(f)(1) if you do not
sell your fuel tanks with tethered fuel caps.
(ii) If your fuel lines do not meet permeation standards specified
in Sec. 1060.102 for LEFL fuel lines, tell equipment manufacturers not
to install the fuel lines with Large SI engines that operate on
gasoline or another volatile liquid fuel.
(4) Describe instructions for installing components so they will
operate according to design specifications in your application for
certification. Specify sufficient detail to ensure that the equipment
will meet the applicable standards when your component is installed.
(5) If you certify a component with family emission limit above the
emission standard, be sure to indicate that the equipment manufacturer
must have a source of credits to offset the higher emissions and must
label the equipment as specified in Sec. 1060.135. Also indicate the
applications for which the regulations allow for compliance using
emission credits.
(6) Instruct the equipment manufacturers that they must comply with
the requirements of Sec. 1060.202.
(c) You do not need installation instructions for components you
install in your own equipment.
(d) Provide instructions in writing or in an equivalent format. For
example, you may post instructions on a publicly available website for
downloading or printing. If you do not provide the instructions in
writing, explain in your application for certification how you will
ensure that each installer is informed of the installation requirements.
Sec. 1060.135 How must I label and identify the engines and equipment
I produce?
The labeling requirements of this section apply for engine and
equipment manufacturers. See Sec. Sec. 1060.136 through 1060.138 for
the labeling requirements that apply for fuel lines, fuel tanks, and
other fuel-system components.
(a) If you hold a certificate for your engine or equipment with
respect to
[[Page 28355]]
evaporative emissions, you must affix a permanent and legible label
identifying each engine or piece of equipment before introducing it
into U.S. commerce. The label must be--
(1) Attached so it is not removable without being destroyed or defaced.
(2) Secured to a part of the engine or equipment needed for normal
operation and not normally requiring replacement.
(3) Durable and readable for the equipment's entire life.
(4) Readily visible in the final installation. It may be under a
hinged door or other readily opened cover. It may not be hidden by any
cover attached with screws or any similar designs.
(5) Written in English.
(b) The engine or equipment label must include all the applicable
information specified in Sec. Sec. 1060.136 through 1060.138 if you
are using components that are not already certified by another company.
You may combine all required label information in a single label. This
may include information related to exhaust emissions if you also
certify the engine with respect to exhaust emissions.
(1) If you are certifying with respect to the running loss
standard, include the following information:
(i) Include your corporate name or trademark.
(ii) Describe your method for meeting the running loss standard.
(iii) State the date of manufacture [MONTH and YEAR]
of the
equipment; however, you may omit this from the label if you stamp or
engrave it on the equipment.
(iv) State: ``THIS EQUIPMENT COMPLIES WITH U.S. EPA RUNNING LOSS
STANDARDS.''.
(2) If you are certifying your equipment with respect to emission
credits, include the following information:
(i) Include your corporate name or trademark.
(ii) Identify the engine family name of the fuel-system components
for which you are generating or using emission credits.
(iii) State the date of manufacture [MONTH and YEAR]
of the
equipment; however, you may omit this from the label if you stamp or
engrave it on the equipment.
(iv) State: ``THIS EQUIPMENT COMPLIES WITH PERMEATION STANDARDS
BASED ON EMISSION CREDITS.''.
(c) You may add information to the emission control information
label to identify other emission standards that the equipment meets or
does not meet (such as California standards). You may also add other
information to ensure that the equipment will be properly maintained
and used.
(d) Anyone subject to the labeling requirements in this part 1060
may ask us to approve modified labeling requirements if it is necessary
or appropriate. We will approve the request if the alternate label is
consistent with the requirements of this part.
Sec. 1060.136 How must I label and identify the fuel lines I produce?
The requirements of this section apply for fuel line manufacturers:
(a) Label your fuel line at the time of manufacture as follows:
(1) Label the fuel line in a permanent and legible manner.
(2) Include your corporate name or trademark.
(3) Include EPA's standardized designation for emission family.
(4) Identify the fuel line's FEL, if applicable.
(5) The labeling information must be continuous, with no more than
12 inches before repeating. You may add a continuous stripe or other
pattern to help identify the particular type or grade of fuel line.
(b) You may ask us to approve modified labeling requirements in
this section as described in Sec. 1060.135(e). You may label short
preformed fuel lines (less than 12 inches long) under Sec. 1060.138
instead of complying with the requirements of this section.
Sec. 1060.137 How must I label and identify the fuel tanks I produce?
The requirements of this section apply for fuel tank manufacturers:
(a) Add a permanent label at the time of manufacture to each fuel
tank. For molded tanks, you may mold the label into the tank. The label
must be--
(1) Attached so it is not removable without being destroyed or defaced.
(2) Durable and readable for the equipment's entire life.
(3) Written in English.
(b) The label must--
(1) Include your full corporate name and trademark.
(2) Include EPA's standardized designation for emission family.
(3) Identify the fuel tank's FEL, if applicable.
(4) Identify the emission control system. For equipment subject to
diurnal, diffusion, or running loss requirements, list applicable part
numbers of emission control components consistent with the requirements
of Sec. 1060.138.
(5) State: ``THIS FUEL TANK COMPLIES WITH U.S. EPA EMISSION
REGULATIONS.''.
(c) You may add information to the emission control information
label to identify other emission standards that the equipment meets or
does not meet (such as California standards).
(d) You may ask to include the label information required by this
section on the equipment label required by Sec. 1060.135 instead of
labeling the tank separately.
(e) You may ask us to approve modified labeling requirements in
this section as described in Sec. 1060.135(e).
Sec. 1060.138 How must I label and identify other emission-related
components I produce?
The requirements of this section apply for manufacturers of fuel-
system components.
(a) The requirements of this section apply for the following fuel-
system components:
(1) Fuel caps that are certified under Sec. 1060.102.
(2) Fuel caps for equipment subject to diurnal or diffusion requirements.
(3) Carbon canisters.
(4) Other components that are part of a system for controlling
evaporative emissions.
(b) Add a permanent and legible label at the time of manufacture to
each fuel-system component as follows:
(1) Identify your corporate name or trademark; however, you may
omit this if there is not enough space.
(2) If you certify the component, include EPA's standardized
designation for emission family.
(3) If the component is part of a system for controlling emissions
from a fuel tank as described in Sec. 1060.137(b)(5), identify the
part number of each component or subassembly.
(c) You may ask us to approve modified labeling requirements in
this section as described in Sec. 1060.135(e).
Subpart C--Certifying Emission Families
Sec. 1060.201 What are the general requirements for obtaining a
certificate of conformity?
Manufacturers of engines, equipment, or fuel-system components may
need to certify their products with respect to evaporative emission
standards as described in Sec. Sec. 1060.1 and 1060.601. See Sec.
1060.202 for requirements related to certifying with respect to the
requirements specified in Sec. 1060.101(f). The following general
requirements apply for obtaining a certificate of conformity:
(a) You must send us a separate application for a certificate of
conformity for each emission family. A
[[Page 28356]]
certificate of conformity for equipment is valid starting with the
indicated effective date, but it is not valid for any production after
December 31 of the model year for which it is issued. No certificate
will be issued after December 31 of the model year. A certificate of
conformity for a component is valid starting with the indicated
effective date, but it is not valid for any production after the end of
the production period for which it is issued.
(b) The application must contain all the information required by
this part and must not include false or incomplete statements or
information (see Sec. 1060.255).
(c) We may ask you to include less information than we specify in
this subpart, but you must still maintain all the information required
by Sec. 1060.250.
(d) You must use good engineering judgment for all decisions
related to your application (see 40 CFR 1068.5).
(e) An authorized representative of your company must approve and
sign the application.
(f) See Sec. 1060.255 for provisions describing how we will
process your application.
Sec. 1060.202 What are the certification requirements related to the
general standards in Sec. 1060.101?
Equipment manufacturers must ensure that their equipment is
certified with respect to the general standards specified in Sec.
1060.101(f) as follows:
(a) If Sec. 1060.1 requires you to certify your equipment to any
of the emission standards specified in through 1060.105, describe in
your application for certification how you will meet the general
standards specified in Sec. 1060.101(f).
(b) If Sec. 1060.1 does not require you to certify your equipment
to any of the emission standards specified in through 1060.105, your
equipment is deemed to be certified with respect to the general
standards specified in Sec. 1060.101(f) if you design and produce your
equipment to meet those standards.
(1) You must keep records as described in Sec. 1060.210. The other
provisions of this part for certificate holders apply only as specified
in Sec. 1060.5.
(2) Your equipment is deemed to be certified only to the extent
that it meets the general standards in Sec. 1060.101(f). Thus, it is a
violation of 40 CFR 1068.101(a)(1) to introduce into U.S. commerce such
equipment that does not meet applicable requirements under Sec.
1060.101(f).
(c) Instead of relying on paragraph (b) of this section, you may
submit an application for certification and obtain a certificate from
us. The provisions of this part apply in the same manner for
certificates issued under this paragraph (c) as for any other
certificate issued under this part.
Sec. 1060.205 What must I include in my application?
This section specifies the information that must be in your
application, unless we ask you to include less information under Sec.
1060.202(c). We may require you to provide additional information to
evaluate your application.
(a) Describe the emission family's specifications and other basic
parameters of the emission controls. Describe how you meet the running
loss emission control requirements in Sec. 1060.104, if applicable.
Describe how you meet any applicable equipment-based requirements of
Sec. 1060.101(e) and (f). State whether you are requesting
certification for gasoline or some other fuel type. List each
distinguishable configuration in the emission family.
(b) Describe the products you selected for testing and the reasons
for selecting them.
(c) Describe the test equipment and procedures that you used,
including any special or alternate test procedures you used (see Sec.
1060.501).
(d) List the specifications of the test fuel to show that it falls
within the required ranges specified in subpart F of this part.
(e) State the equipment applications to which your certification is
limited. For example, if your fuel system meets the emission
requirements of this part applicable only to handheld Small SI
equipment, state that the requested certificate would apply only for
handheld Small SI equipment.
(f) Identify the emission family's useful life.
(g) Include the maintenance instructions you will give to the
ultimate purchaser of each new nonroad engine (see Sec. 1060.125).
(h) Include the emission-related installation instructions you will
provide if someone else will install your component in a piece of
nonroad equipment (see Sec. 1060.130).
(i) Describe your emission control information label (see
Sec. Sec. 1060.135 through 1060.138).
(j) Identify the emission standards or FELs to which you are
certifying the emission family.
(k) Present emission data to show your products meet the applicable
emission standards. Note that Sec. Sec. 1060.235 and 1060.240 allow
you to submit an application in certain cases without new emission data.
(l) State that your product was tested as described in the
application (including the test procedures, test parameters, and test
fuels) to show you meet the requirements of this part. If you did not
do the testing, identify the source of the data.
(m) Report all test results, including those from invalid tests,
whether or not they were conducted according to the test procedures of
subpart F of this part. We may ask you to send other information to
confirm that your tests were valid under the requirements of this part.
(n) Unconditionally certify that all the products in the emission
family comply with the requirements of this part, other referenced
parts of the CFR, and the Clean Air Act.
(o) Include good-faith estimates of U.S.-directed production
volumes. Include a justification for the estimated production volumes
if they are substantially different than actual production volumes in
earlier years for similar models.
(p) Include other applicable information, such as information
required by other subparts of this part.
(q) Name an agent for service located in the United States. Service
on this agent constitutes service on you or any of your officers or
employees for any action by EPA or otherwise by the United States
related to the requirements of this part.
Sec. 1060.210 What records should equipment manufacturers keep if
they do not apply for certification?
If you are an equipment manufacturer that does not need to obtain a
certificate of conformity for your equipment as described in Sec.
1060.1, you must keep the following records to document compliance with
applicable requirements, which we may review at any time:
(a) Identify your equipment models and the annual U.S.-directed
production volumes for each model.
(b) Identify the emission family names of the certificates that
will cover your equipment and the names of the companies that hold the
certificates.
(c) Describe how you comply with any emission-related installation
instructions, labeling requirements, and the general standards in Sec.
1060.101(e) and (f).
Sec. 1060.225 How do I amend my application for certification?
Before we issue a certificate of conformity, you may amend your
application to include new or modified configurations, subject to the
provisions of this section. After we have issued your certificate of
conformity, you may send us an amended application
[[Page 28357]]
requesting that we include new or modified configurations within the
scope of the certificate, subject to the provisions of this section.
You must amend your application if any changes occur with respect to
any information included in your application. If you would like to
modify a family emission limit for your product, you must submit a
separate application for a new emission family.
(a) You must amend your application before you take either of the
following actions:
(1) Add a configuration to an emission family. In this case, the
configuration added must be consistent with other configurations in the
emission family with respect to the criteria listed in Sec. 1060.230.
(2) Change a configuration already included in an emission family
in a way that may affect emissions, or change any of the components you
described in your application for certification. This includes
production and design changes that may affect emissions any time during
the equipment's lifetime.
(b) To amend your application for certification, send the
Designated Compliance Officer the following information:
(1) Describe in detail the addition or change in the configuration
you intend to make.
(2) Include engineering evaluations or data showing that the
amended emission family complies with all applicable requirements. You
may do this by showing that the original emission data are still
appropriate for showing that the amended family complies with all
applicable requirements.
(3) If the original emission data for the emission family are not
appropriate to show compliance for the new or modified configuration,
include new test data showing that the new or modified configuration
meets the requirements of this part.
(c) We may ask for more test data or engineering evaluations. You
must give us these within 30 days after we request them.
(d) For emission families already covered by a certificate of
conformity, we will determine whether the existing certificate of
conformity covers your new or modified configuration. You may ask for a
hearing if we deny your request (see Sec. 1060.820).
(e) For emission families already covered by a certificate of
conformity, you may start producing the new or modified configuration
anytime after you send us your amended application and before we make a
decision under paragraph (d) of this section. However, if we determine
that the affected configurations do not meet applicable requirements,
we will notify you to cease production of the configurations and may
require you to recall the equipment at no expense to the owner.
Choosing to produce equipment under this paragraph (e) is deemed to be
consent to recall all equipment that we determine do not meet
applicable emission standards or other requirements and to remedy the
nonconformity at no expense to the owner. If you do not provide
information required under paragraph (c) of this section within 30
days, you must stop producing the new or modified equipment.
Sec. 1060.230 How do I select emission families?
(a) Divide your product line into families of equipment (or
components) that are expected to have similar emission characteristics
throughout the useful life.
(b) Group fuel lines in the same emission family if they are the
same in all the following aspects:
(1) Type of material including barrier layer.
(2) Production method.
(3) Types of connectors and fittings (material, approximate wall
thickness, etc.) for fuel line assemblies certified together.
(4) Family emission limit, if applicable.
(c) Group fuel tanks (or fuel systems including fuel tanks) in the
same emission family if they are the same in all the following aspects:
(1) Type of material, including any pigments, plasticizers, UV
inhibitors, or other additives that may affect control of emissions.
(2) Production method.
(3) Relevant characteristics of fuel cap design for fuel systems
subject to diurnal or diffusion emission requirements.
(4) Gasket material and design.
(5) Emission control strategy.
(6) Family emission limit, if applicable.
(d) Group other fuel-system components and equipment in the same
emission family if they are the same in all the following aspects:
(1) Emission control strategy and design.
(2) Type of material (such as type of charcoal used in a carbon
canister). This criteria does not apply for materials that are
unrelated to emission control performance.
(3) The fuel systems meet the running loss emission standard based
on the same type of compliance demonstration specified in Sec.
1060.104(b), if applicable.
(e) You may subdivide a group of equipment or components that are
identical under paragraphs (b) through (d) of this section into
different emission families if you show the expected emission
characteristics are different during the useful life.
(f) In unusual circumstances, you may group equipment or components
that are not identical with respect to the things listed in paragraph
(b) through (d) of this section in the same emission family if you show
that their emission characteristics during the useful life will be
similar. The provisions of this paragraph (f) do not exempt any engines
from meeting all the applicable standards and requirements in subpart B
of this part.
(g) Select test components that are most likely to exceed the
applicable emission standards. For example, select a fuel tank with the
smallest average wall thickness (or barrier thickness, as appropriate)
of those fuel tanks you include in the same family.
Sec. 1060.235 What emission testing must I perform for my application
for a certificate of conformity?
This section describes the emission testing you must perform to
show compliance with the emission standards in subpart B of this part.
(a) Test your products using the procedures and equipment specified
in subpart F of this part.
(b) Select an emission-data unit from each emission family for
testing. In general, you must test a preproduction product that will
represent actual production. However, for fuel tank permeation, you may
test a tank with standardized geometry, provided that it is made of the
same material(s) and appropriate wall thickness. Select the
configuration that is most likely to exceed (or have emissions nearer
to) an applicable emission standard. For example, for a family of
multilayer fuel tanks, test the tank with the thinnest barrier layer.
In general, the test procedures specify that components or systems be
tested rather than complete equipment. For example, to certify your
family of Small SI equipment, you would need to test a sample of fuel
line for permeation emissions, a fuel tank for permeation emissions,
and a fuel system for diffusion emissions. Note that paragraph (e) of
this section and Sec. 1060.240 allow you in certain circumstances to
certify without testing an emission-data unit from the emission family.
(c) You may not do maintenance on emission-data units.
[[Page 28358]]
(d) We may measure emissions from any of your products from the
emission family, as follows:
(1) You must supply your products to us if we choose to perform
confirmatory testing.
(2) If we measure emissions on one of your products, the results of
that testing become the official emission results for the emission
family. Unless we later invalidate these data, we may decide not to
consider your data in determining if your emission family meets
applicable requirements.
(e) You may ask to use emission data from a previous production
period (carryover) instead of doing new tests, but only if all the
following are true:
(1) The emission family from the previous production period differs
from the current emission family only with respect to production period
or other characteristics unrelated to emissions. You may also ask to
add a configuration subject to Sec. 1060.225.
(2) The emission-data unit from the previous production period
remains the appropriate emission-data unit under paragraph (b) of this
section. For example, you may not carryover emission data for your
family of nylon fuel tanks if you have added a thinner-walled fuel tank
than was tested previously.
(3) The data show that the emission-data unit would meet all the
requirements that apply to the emission family covered by the
application for certification.
(f) We may require you to test a second unit of the same or
different configuration in addition to the unit tested under paragraph
(b) of this section.
(g) If you use an alternate test procedure under Sec. 1060.505,
and later testing shows that such testing does not produce results that
are equivalent to the procedures specified in this part, we may reject
data you generated using the alternate procedure.
Sec. 1060.240 How do I demonstrate that my emission family complies
with evaporative emission standards?
(a) For purposes of certification, your emission family is
considered in compliance with an evaporative emission standard in
subpart B of this part if you do either of the following:
(1) You have test results showing measured emission levels from the
fuel tank or fuel line (as applicable) in the family are at or below
the applicable standard.
(2) You comply with the design specifications in paragraph (d) of
this section.
(b) Your emission family is deemed not to comply if any fuel tank
or fuel line representing that family has test results showing an
official emission level above the standard.
(c) Round the measured emission level to the same number of decimal
places as the emission standard. Compare the rounded emission levels to
the emission standard for each emission-data unit.
(d) You may demonstrate for certification that your emission family
complies with the evaporative emission standards by demonstrating that
you use the following control technologies:
(1) [Reserved]
(2) For certification to the fuel tank permeation standards
specified in Sec. 1060.103 with the following control technologies:
(i) A metal fuel tank with no nonmetal gaskets or with gaskets made
from a low-permeability material.
(ii) A metal fuel tank with nonmetal gaskets with an exposed gasket
surface area of 1,000 mm2 or less.
(iii) A coextruded high-density polyethylene fuel tank with a
continuous ethylene vinyl alcohol barrier layer making up at least 2
percent of the fuel tank's overall wall thickness, with no nonmetal
gaskets or with gaskets made from a low-permeability material.
(iv) A coextruded high-density polyethylene fuel tank with a
continuous ethylene vinyl alcohol barrier layer making up at least 2
percent of the fuel tank's overall wall thickness, with nonmetal gaskets
or with an exposed gasket surface area of 1,000 mm2 or less.
(3) For certification to the diurnal standards specified in Sec.
1060.105 with the following control technologies:
(i) A Marine SI fuel tank sealed up to a positive pressure of 7.0
kPa (1.0 psig); however, they may contain air inlets that open when
there is a vacuum pressure inside the tank.
(ii) A Marine SI fuel tank equipped with a passively purged carbon
canister with a minimum carbon volume of 0.040 liters per gallon of
fuel tank capacity (or 0.016 liters per gallon for fuel tanks used in
nontrailerable boats). The carbon canister must have a minimum
effective length-to-diameter ratio of 3.5 and the vapor flow must be
directed with the intent of using the whole carbon bed. The carbon must
have a minimum butane working capacity of 90 g/L based on the test
procedures specified in ASTM D5228-92 (incorporated by reference in
Sec. 1060.810). The carbon must adsorb no more than 0.5 grams of water
per gram of carbon at 90% relative humidity and a temperature of 25
± 5 [deg]C. The carbon must also pass a dust attrition test
based on ASTM D3802-79 (incorporated by reference in Sec. 1060.810),
except that hardness is defined as the ratio of mean particle diameter
before and after the test and the procedure must involve twenty \1/2\-
inch steel balls and ten \3/4\-inch steel balls. Good engineering
judgment must be used in the structural design of the carbon canister.
The canister must have a volume compensator or some other device to
prevent the carbon pellets from moving within the canister as a result
of vibration or changing temperature.
(4) We may establish additional design certification options where
we find that new test data demonstrate that the use of a different
technology design will ensure compliance with the applicable emission
standards.
(e) You may not establish a family emission limit below the
emission standard for components certified based on design
specifications under this section, even if actual emission rates are
much lower.
Sec. 1060.250 What records must I keep and what reports must I send
to EPA?
(a) Organize and maintain the following records:
(1) A copy of all applications and any summary information you send us.
(2) Any of the information we specify in Sec. 1060.205 that you
were not required to include in your application.
(3) A detailed history of each emission-data unit. For each
emission data unit, include all of the following:
(i) The emission-data unit's construction, including its origin and
buildup, steps you took to ensure that it represents production
equipment, any components you built specially for it, and all the
components you include in your application for certification.
(ii) All your emission tests, including documentation on routine
and standard tests, and the date and purpose of each test.
(iii) All tests to diagnose emission control performance, giving
the date and time of each and the reasons for the test.
(iv) Any other significant events.
(4) Production figures for each emission family divided by assembly
plant.
(5) Keep a list of equipment identification numbers for all the
equipment you produce under each certificate of conformity.
(b) Keep data from routine emission tests (such as test cell
temperatures and relative humidity readings) for one year after we
issue the associated certificate of conformity. Keep all other
information specified in paragraph (a) of this section for eight years
after we issue your certificate.
[[Page 28359]]
(c) Store these records in any format and on any media, as long as
you can promptly send us organized, written records in English if we
ask for them. You must keep these records readily available. We may
review them at any time.
(d) Send us copies of any maintenance instructions or explanations
if we ask for them.
Sec. 1060.255 What decisions may EPA make regarding my certificate of
conformity?
(a) If we determine your application is complete and shows that the
emission family meets all the requirements of this part and the Act, we
will issue a certificate of conformity for your emission family for
that production period. We may make the approval subject to additional
conditions.
(b) We may deny your application for certification if we determine
that your emission family fails to comply with emission standards or
other requirements of this part or the Act. Our decision may be based
on a review of all information available to us. If we deny your
application, we will explain why in writing.
(c) In addition, we may deny your application or suspend or revoke
your certificate if you do any of the following:
(1) Refuse to comply with any testing or reporting requirements.
(2) Submit false or incomplete information (paragraph (e) of this
section applies if this is fraudulent).
(3) Render inaccurate any test data.
(4) Deny us from completing authorized activities despite our
presenting a warrant or court order (see 40 CFR 1068.20). This includes
a failure to provide reasonable assistance.
(5) Produce equipment for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
(6) Fail to supply requested information or amend your application
to include all equipment being produced.
(7) Take any action that otherwise circumvents the intent of the
Act or this part.
(d) We may void your certificate if you do not keep the records we
require or do not give us information when we ask for it.
(e) We may void your certificate if we find that you intentionally
submitted false or incomplete information.
(f) If we deny your application or suspend, revoke, or void your
certificate, you may ask for a hearing (see Sec. 1060.820).
Subpart D--Production Verification Testing
Sec. 1060.301 Manufacturer testing.
(a) You must test production samples or otherwise verify that
equipment or components you produce are as specified in the certificate
of conformity.
(b) You must provide records of such verification to us upon request.
Sec. 1060.310 Supplying products to EPA for testing.
Upon our request, you must supply a reasonable number of production
samples to us for verification testing.
Subpart E--In-Use Testing
Sec. 1060.401 General Provisions.
We may perform in-use testing of any equipment or fuel-system
component subject to the standards of this part.
Subpart F--Test Procedures
Sec. 1060.501 General testing provisions.
(a) This subpart is addressed to you as a certifying manufacturer,
but it applies equally to anyone who does testing for you.
(b) Unless we specify otherwise, the terms ``procedures'' and
``test procedures'' in this part include all aspects of testing,
including the equipment specifications, calibrations, calculations, and
other protocols and procedural specifications needed to measure emissions.
(c) The specification for gasoline to be used for testing is given
in 40 CFR 1065.710. Use the grade of gasoline specified for general
testing. For testing specified in this part that requires a blend of
gasoline and ethanol, blend this grade of gasoline with reagent-grade
ethanol. You may use less pure ethanol if you can demonstrate that it
will not affect your ability to demonstrate compliance with the
applicable emission standards.
(d) Accuracy and precision of all temperature measurements must be
± 1.0 [deg]C or better. If you use multiple sensors to
measure differences in temperature, calibrate the sensors so they will
be within 0.5 [deg]C of each other when they are in thermal equilibrium
at a point within the range of test temperatures (use the starting
temperature in Table 1 of Sec. 1060.525, unless this is not feasible).
(e) Accuracy and precision of mass balances must be sufficient to
ensure accuracy and precision of two percent or better for emission
measurements for products at the maximum level allowed by the standard.
The readability of the display may not be coarser than half of the
required accuracy and precision. Examples are shown in the following
table:
----------------------------------------------------------------------------------------------------------------
Example #1 Example #2 Example #3
----------------------------------------------------------------------------------------------------------------
Applicable standard.................. 1.5 g/m2/day........... 1.5 g/m2/day........... 15 g/m2/day
Internal surface area................ 1.15 m2................ 0.47 m2................ 0.070 m2
Length of test....................... 14 days................ 14 days................ 28 days
Maximum allowable mass change........ 24.15 g................ 9.87 g................. 1.96 g
Required accuracy and precision...... ± 0.483 g or ± 0.197 g or ± 0.0392 g
better. better. or better
Required readability................. 0.1 g or better........ 0.1 g or better........ 0.01 g or better
----------------------------------------------------------------------------------------------------------------
Sec. 1060.505 Other procedures.
(a) Your testing. The procedures in this part apply for all testing
you do to show compliance with emission standards, with certain
exceptions listed in this section.
(b) Our testing. These procedures generally apply for testing that
we do to determine if your equipment complies with applicable emission
standards. We may perform other testing as allowed by the Act.
(c) Exceptions. We may allow or require you to use procedures other
than those specified in this part in the following cases:
(1) You may request to use special procedures if your equipment
cannot be tested using the specified procedures. We will approve your
request if we determine that it would produce emission measurements
that represent in-use operation and we determine that it can be used to
show compliance with the requirements of the standard-setting part.
(2) You may ask to use emission data collected using other
procedures, such as those of the California Air Resources Board or the
International Organization
[[Page 28360]]
for Standardization. We will approve this only if you show us that
using these other procedures does not affect your ability to show
compliance with the applicable emission standards. This generally
requires emission levels to be far enough below the applicable emission
standards so any test differences do not affect your ability to state
unconditionally that your equipment will meet all applicable emission
standards when tested using the specified test procedures.
(3) You may request to use alternate procedures that are equivalent
to allowed procedures or are more accurate or more precise than allowed
procedures. See 40 CFR 1065.12 for a description of the information
that is generally required to show that an alternate test procedure is
equivalent.
(4) The test procedures are specified for gasoline-fueled
equipment. If your equipment will use another volatile liquid fuel
instead of gasoline, use a test fuel that is representative of the fuel
that will be used with the equipment in use. You may ask us to approve
other changes to the test procedures to reflect the effects of using a
fuel other than gasoline.
(d) Approval. If we require you to request approval to use other
procedures under paragraph (c) of this section, you may not use them
until we approve your request.
Sec. 1060.510 How do I test EPA Low Emission Fuel Lines for
permeation emissions?
For low-emission fuel lines (EPA LEFL), measure emissions according
to SAE standard procedure number J2260, which is incorporated by
reference in Sec. 1054.810.
Sec. 1060.515 How do I test EPA Nonroad Fuel Lines and EPA Cold
Weather Fuel Lines for permeation emissions?
Measure emission as follows for EPA NRFL and EPA CWFL fuel lines:
(a) Prior to permeation testing, precondition the fuel line by
filling it with the fuel specified in paragraph (c) of this section,
sealing the openings, and soaking it for 4 to 8 weeks at 23 < plus-
minus> 5 [deg]C. Use Fuel CE10, which is Fuel C as specified in ASTM D
471-06 (incorporated by reference in Sec. 1054.810) blended with 10
percent ethanol by volume.
(b) Drain the fuel line and refill it immediately with the fuel
specified in paragraph (a) of this section. Be careful not to spill any
fuel.
(c) Measure fuel line permeation emissions using the equipment and
procedures for weight-loss testing specified in SAE J30 or SAE J1527
(incorporated by reference in Sec. 1054.810). Start the measurement
procedure within 8 hours after draining and refilling the fuel line.
Sec. 1060.520 How do I test fuel tanks for permeation emissions?
Measure permeation emissions by weighing a sealed fuel tank before
and after a temperature-controlled soak.
(a) Preconditioning durability testing. Take the following steps
before an emission test, in any order, unless we determine that
omission of one or more of these durability tests will not affect the
emissions from your fuel tank:
(1) Pressure cycling. Perform a pressure test by sealing the tank
and cycling it between +13.8 and -1.7 kPa (+2.0 and -0.5 psig) for
10,000 cycles at a rate of 60 seconds per cycle. The purpose of this
test is to represent environmental wall stresses caused by pressure
changes and other factors (such as vibration or thermal expansion). If
your tank cannot be tested using the pressure cycles specified by this
paragraph (a)(1), you may ask to use special test procedures under
Sec. 1060.505.
(2) UV exposure. Perform a sunlight-exposure test by exposing the
tank to an ultraviolet light of at least 24 W/m\2\ (0.40 W-hr/m\2\/min)
on the tank surface for at least 450 hours. Alternatively, the fuel
tank may be exposed to direct natural sunlight for an equivalent period
of time, as long as you ensure that the tank is exposed to at least 450
daylight hours.
(3) Slosh testing. Perform a slosh test by filling the tank to 40
percent of its capacity with the fuel specified in paragraph (e) of
this section and rocking it at a rate of 15 cycles per minute until you
reach one million total cycles. Use an angle deviation of +15[deg]
to -
15[deg]
from level.
(b) Preconditioning fuel soak. Take the following steps before an
emission test:
(1) Fill the tank with the fuel specified in paragraph (e) of this
section, seal it, and allow it to soak at 28 ± 5 [deg]C for
at least 20 weeks. Alternatively, the tank may be soaked for at least
10 weeks at 43 ± 5 [deg]C. You may count the time of the
preconditioning steps in paragraph (a) of this section as part of the
preconditioning fuel soak, as long as the ambient temperature remains
within the specified temperature range and the fuel tank is at least 40
percent full; you may add or replace fuel as needed to conduct the
specified durability procedures.
(2) Determine the fuel tank's internal surface area in square-
meters, accurate to at least three significant figures. You may use
less accurate estimates of the surface area if you make sure not to
overestimate the surface area.
(3) Empty the fuel tank and immediately refill it with the
specified test fuel to its nominal capacity. Be careful not to spill
any fuel.
(4) Allow the tank and its contents to equilibrate to the
temperatures specified in paragraph (d)(6) of this section.
(5) Seal the fuel tank within eight hours after refueling as follows:
(i) You may seal the fuel inlet with a nonpermeable covering if the
fuel tank is designed to have a separate filler neck between the fuel
cap and the tank, and the filler neck is at least 12 inches long and
has an opening at least 6 inches above the top of the fuel tank.
(ii) For filler necks not meeting the specifications described in
paragraph (b)(5)(i) of this section, take one of the following approaches:
(A) Use a production fuel cap expected to have permeation emissions
at least as high as the highest-emitting fuel cap that you expect to be
used with fuel tanks from the emission family. It would generally be
appropriate to consider an HDPE fuel cap with a nitrile rubber seal to
be worst-case.
(B) You may seal the fuel inlet with a nonpermeable covering if you
separately measure the permeation from a worst-case fuel cap as
described in Sec. 1060.521.
(iii) Openings that are not normally sealed on the fuel tank (such
as hose-connection fittings and vents in fuel caps) may be sealed using
nonpermeable fittings such as metal or fluoropolymer plugs.
(iv) Openings for petcocks that are designed for draining fuel may
be sealed using nonpermeable fittings such as metal or fluoropolymer plugs.
(c) Reference tank. A reference tank is required to correct for
buoyancy effects that may occur during testing. Prepare the reference
tank as follows:
(1) Obtain a second tank that is identical to the test tank. You
may not use a tank that has previously contained fuel or any other
contents that might affect its mass stability.
(2) Fill the reference tank with enough dry sand (or other inert
material) so the mass of the reference tank is approximately the same
as the test tank when filled with fuel. Use good engineering judgment
to determine how similar the mass of the reference tank needs to be to
the mass of the test tank, considering the performance characteristics
of your balance.
(3) Ensure that the sand (or other inert material) is dry. This may
require heating the tank or applying a vacuum to it.
[[Page 28361]]
(4) Seal the tank.
(d) Permeation test run. To run the test, take the following steps
after preconditioning:
(1) Weigh the sealed test tank and record the weight. Place the
reference tank on the balance and tare it so it reads zero. Place the
sealed test tank on the balance and record the difference between the
test tank and the reference tank. This value is Minitial.
Take this measurement within 8 hours of filling the test tank with fuel
as specified in paragraph (b)(3) of this section.
(2) Carefully place the tank within a ventilated, temperature-
controlled room or enclosure. Do not spill or add any fuel.
(3) Close the room or enclosure and record the time.
(4) Ensure that the measured temperature in the room or enclosure
stays within the temperatures specified in paragraph (d)(6) of this
section.
(5) Leave the tank in the room or enclosure for 14 days.
(6) Hold the temperature of the room or enclosure at 28 < plus-
minus> 2 [deg]C; measure and record the temperature at least daily. You
may alternatively hold the temperature of the room or enclosure at 40
± 2 [deg]C to demonstrate compliance with the alternative
standards specified in Sec. 1060.103(b).
(7) At the end of the soak period, retare the balance using the
reference tank and weigh the sealed test tank. Record the difference in
mass between the reference tank and the test tank. This value is
Mfinal.
(8) Subtract Mfinal from Minitial; divide the
difference by the internal surface area of the fuel tank. Divide this
g/m\2\ value by the number of test days (using at least three
significant figures) to calculate the emission rate in g/m\2\/day.
Example: If a tank with an internal surface area of 0.720 m\2\ weighed
1.31 grams less than the reference tank at the beginning of the test
and weighed 9.86 grams less than the reference tank after soaking for
14.03 days, the emission rate would be--
((-1.31 g) - (-9.82 g)) / 0.72 m\2\ / 14.03 days = 0.842 g/m\2\/day.
(9) Round your result to the same number of decimal places as the
emission standard.
(10) In cases where consideration of permeation rates, using good
engineering judgment, leads you to conclude that soaking for 14 days is
not long enough to measure weight change with enough significant
figures, you may soak for 14 days longer. In this case, repeat the
steps in paragraphs (b)(8) and (9) of this section to determine the
weight change for the full 28 days.
(e) Fuel specifications. Use gasoline blended with 10 percent
ethanol by volume as specified in Sec. 1060.501. As an alternative,
you may use Fuel CE10, which is Fuel C as specified in ASTM D 471-06
(incorporated by reference in Sec. 1060.810) blended with 10 percent
ethanol by volume.
Sec. 1060.521 How do I test fuel caps for permeation emissions?
If you measure a fuel tank's permeation emissions with a
nonpermeable covering in place of the fuel cap as described in Sec.
1060.520(b)(5)(ii), you must separately measure permeation emissions
from a fuel cap. You may show that your fuel tank and fuel cap meet
emission standards by certifying them separately or by combining the
separate measurements into a single emission rate based on the relative
areas of the fuel tank and fuel cap. Measure fuel cap's permeation
emissions as follows:
(a) Select a fuel cap expected to have permeation emissions at
least as high as the highest-emitting fuel cap that you expect to be
used with fuel tanks from the emission family. Include a gasket that
represents production models. If the fuel cap includes vent paths, seal
these vents as follows:
(1) If the vent path is through grooves in the gasket, you may use
another gasket with no vent grooves if it is otherwise the same as a
production gasket.
(2) If the vent path is through the cap, seal any vents for testing.
(b) Attach the fuel cap to a fuel tank with a capacity of at least
one liter made of metal or some other impermeable material.
(c) Use the procedures specified in Sec. 1060.520 to measure
permeation emissions. Calculate emission rates using the smallest
inside cross sectional area of the opening on which the cap is mounted
as the fuel cap's surface area.
Sec. 1060.525 How do I test fuel systems for diurnal emissions?
Use the procedures of this section to determine whether your fuel
tanks meet the diurnal emission standards in Sec. 1060.105.
(a) Except as specified in paragraph (c) of this section, use the
following procedure to measure diurnal emissions:
(1) Diurnal measurements are based on a representative temperature
cycle. For marine fuel tanks, the temperature cycle specifies fuel
temperatures rather than ambient temperatures. The applicable
temperature cycle is indicated in the following table:
Table 1 to Sec. 1060.525--Diurnal Temperature Profiles for Fuel Tanks
----------------------------------------------------------------------------------------------------------------
Fuel
General fuel temperature
Ambient temperature profile for
temperature profile for marine fuel
Time (hours) profile for installed tanks
land-based marine fuel installed in
fuel tanks tanks nontrailerable
([deg]C) ([deg]C) boats
([deg]C)
----------------------------------------------------------------------------------------------------------------
0............................................................... 22.2 25.6 27.6
1............................................................... 22.5 25.7 27.6
2............................................................... 24.2 26.5 27.9
3............................................................... 26.8 27.9 28.5
4............................................................... 29.6 29.2 29.0
5............................................................... 31.9 30.4 29.5
6............................................................... 33.9 31.4 29.9
7............................................................... 35.1 32.0 30.1
8............................................................... 35.4 32.2 30.2
9............................................................... 35.6 32.2 30.2
10.............................................................. 35.3 32.1 30.2
11.............................................................. 34.5 31.7 30.0
12.............................................................. 33.2 31.0 29.7
13.............................................................. 31.4 30.2 29.4
[[Page 28362]]
14.............................................................. 29.7 29.3 29.1
15.............................................................. 28.2 28.6 28.8
16.............................................................. 27.2 28.0 28.5
17.............................................................. 26.1 27.5 28.3
18.............................................................. 25.1 27.0 28.1
19.............................................................. 24.3 26.6 28.0
20.............................................................. 23.7 26.3 27.9
21.............................................................. 23.3 26.1 27.8
22.............................................................. 22.9 25.9 27.7
23.............................................................. 22.6 25.7 27.6
24.............................................................. 22.2 25.6 27.6
----------------------------------------------------------------------------------------------------------------
(2) Fill the fuel tank to 40 percent of nominal capacity with the
gasoline specified in 40 CFR 1065.710 for general testing.
(3) Install a vapor line from any vent ports that would not be
sealed in the final in-use configuration. Use a length of vapor line
representing the shortest length that would be expected with the range
of in-use installations for the emission family.
(4) Stabilize the fuel tank at the starting temperature of the
applicable temperature profile from paragraph (a)(1) of this section.
(5) If the fuel tank is equipped with a carbon canister, load the
canister with butane or gasoline vapors to its carbon working capacity
and attach it to the fuel tank in a way that represents a typical in-
use configuration.
(6) Place the fuel tank with the carbon canister and vent line in a
SHED meeting the specifications of 40 CFR 86.107-96(a)(1). Follow the
applicable temperature trace from paragraph (a)(1) of this section for
one 24-hour period. You need not measure emissions during this
stabilization step.
(7) As soon as possible after the stabilization in paragraph (a)(6)
of this section, purge the SHED and follow the applicable temperature
trace from paragraph (a)(1) of this section for three consecutive 24-
hour periods. Start measuring emissions when you start the temperature
profile. The end of the first, second, and third emission sampling
periods must occur 1440 ± 6, 2880 ± 6, and 4320
± 6 minutes, respectively, after starting the measurement
procedure. Use the highest of the three emission levels to determine
whether your fuel tank meets the diurnal emission standard.
(b) You may subtract your fuel tank's permeation emissions from the
measured diurnal emissions if the fuel tank is preconditioned with
diurnal test fuel as described in Sec. 1060.520(b) or if you use good
engineering judgment to otherwise establish that the fuel tank has
stabilized permeation emissions. Measure permeation emissions for
subtraction as specified in Sec. 1060.520(c) and (d) before measuring
diurnal emissions, except that the permeation measurement must be done
with diurnal test fuel. Use appropriate units and corrections to
subtract the permeation emissions from the fuel tank during the diurnal
emission test. You may not subtract a greater mass of emissions under
this paragraph (b) than the fuel tank would emit based on meeting the
applicable emission standard for permeation.
(c) For emission control technologies that do not use carbon
canisters or other emission-sorbing materials, you must follow the
procedures specified in paragraph (a) of this section, but you may omit
the stabilization step in paragraph (a)(6) of this section and the last
two 24-hour periods of emission measurements in paragraph (a)(7) of
this section.
Sec. 1060.530 How do I test fuel systems for diffusion emissions?
Use the procedures of this section to determine whether your fuel
tanks meet the diffusion emission standards in Sec. 1060.105.
(a) Use the following procedure to measure diffusion emissions:
(1) Diffusion measurements are based on a 6-hour soak under
nominally isothermal conditions.
(2) Fill the fuel tank to 90 percent of nominal capacity with the
gasoline specified for general testing in 40 CFR 1065.710.
(3) Install fuel caps, vent ports, and vent lines representing in-
use configurations.
(4) Stabilize the fuel tank at 28 ± 2 [deg]C. You need
not measure emissions during this stabilization step.
(5) If the fuel system is equipped with a carbon canister, load the
canister with butane or gasoline vapors to its carbon working capacity
and attach it to the fuel tank in a way that represents a typical in-
use configuration.
(6) Place the fuel tank with the carbon canister and vent line in a
sealed enclosure such as a SHED meeting the specifications of 40 CFR
86.107-96(a)(1). (Note: Make sure the enclosure is large enough that
the mixture of fuel vapor and air within the enclosure will remain
safely below the applicable lower flammability limit.)
(7) Hold the temperature of the enclosure at 28 ± 2
[deg]C throughout the measurement procedure.
(8) Immediately following the stabilization period, purge the SHED.
Reseal the SHED and start measuring emissions. Collect emission
measurements for 6 hours. Use the measured results to calculate an
emission rate over a 24-hour period.
(b) You may subtract your fuel tank's permeation emissions from the
measured diffusion emissions if the fuel tank is preconditioned with
diffusion test fuel as described in Sec. 1060.520(b) or if you use
good engineering judgment to otherwise establish that the fuel tank has
stabilized permeation emissions. Measure permeation emissions for
subtraction as specified in Sec. 1060.520(c) and (d) before measuring
diffusion emissions, except that the permeation measurement must be
done with diffusion test fuel. Use appropriate units and corrections to
subtract the permeation emissions from the fuel tank
[[Page 28363]]
during the diffusion emission test. You may not subtract a greater mass
of emissions under this paragraph (b) than the fuel tank would emit
based on meeting the applicable emission standard for permeation.
(c) You may use the procedures of this section to certify fuel caps
to diffusion emission standards. To do this, install the fuel cap on a
fuel tank that has no other vent path.
Sec. 1060.535 How do I measure fuel temperatures to comply with
running loss requirements?
Measure fuel temperature on representative equipment models as
needed to show that all affected equipment models will not exceed the
temperature rise specified in Sec. 1060.104(b)(3).
(a) Measure fuel temperatures as follows:
(1) Select a piece of equipment representing the equipment
configuration to be produced.
(2) Position a thermocouple in the fuel tank so it remains wetted
when the fuel tank is 20 percent full, without touching the inside
walls or bottom of the fuel tank.
(3) Except as specified in paragraph (b) of this section, you must
conduct this testing outdoors without shelter under the following conditions:
(i) Ambient temperature must start between 20 and 30 [deg]C and be
steady or increasing during the test. Measure shaded ambient
temperatures near the test site.
(ii) Average wind speed must be below 15 miles per hour.
(iii) No precipitation.
(iv) Maximum cloud cover of 25 percent as reported by the nearest
local airport making hourly meteorological observations.
(4) Fill the fuel tank with a commercially available fuel. Testing
may start when fuel temperatures in the tank are within 2 [deg]C of the
ambient temperature without exceeding the ambient temperature.
(5) Operate the equipment for one hour or until it uses 80 percent
of the total fuel tank capacity, whichever occurs first, over a normal
in-use duty cycle.
(6) Show that the difference between the maximum and minimum
measured fuel temperature during the operation specified in paragraph
(a)(5) of this section does not exceed 8 [deg]C at any time during the
operation.
(b) You may ask us to approve a plan to measure fuel temperatures
indoors. Your plan must establish a measurement procedure that would
simulate outdoor conditions and consider engine operation, solar load,
temperature, and wind speed such that the measured values would be
expected to be the same as if they were measured using the procedures
in paragraph (a) of this section.
(c) If a piece of equipment has more than one fuel tank, you may
measure fuel temperatures in each fuel tank at the same time, but each
fuel tank must control temperatures as specified in Sec.
1060.104(b)(3).
(d) Keep records of all the measurements you make under this
section. Also keep records describing the engine and equipment
operation used for the measurements, including information related to
factors that would affect engine load. For example, if the operation
involves cutting grass, document the grass height and density and the
mower's cutting height. Keep these records for at least eight years
after the end of the last model year for which the test results apply.
Subpart G--Special Compliance Provisions
Sec. 1060.601 How do the prohibitions of 40 CFR 1068.101 apply with
respect to the requirements of this part?
(a) As described in Sec. 1060.1, certain fuel tanks and fuel lines
that are used with or intended to be used with new nonroad engines are
subject to evaporative emission standards under this part 1060. This
includes portable marine fuel tanks and fuel lines and other fuel-
system components associated with portable marine fuel tanks. Except as
specified in paragraph (f) of this section, these fuel-system
components must therefore be covered by a valid certificate of
conformity before being introduced into U.S. commerce to avoid
violating the prohibition of 40 CFR 1068.101(a). To the extent we allow
it under the exhaust standard-setting part, fuel-system components may
be certified with a family emission limit higher than the emission
standard. The provisions of this paragraph (a) do not apply to fuel caps.
(b) New replacement fuel tanks and fuel lines are subject to
evaporative emission standards under this part 1060 if they are
intended to be used with nonroad engines that are regulated by this
part 1060, as follows:
(1) Applicability of standards between January 1, 2012 and December
31, 2019. Manufacturers, distributors, retailers, and importers are
obligated to clearly state on the packaging for all replacement
components that could reasonably be used with nonroad engines how such
components may be used consistent with the prohibition in paragraph (a)
of this section. It is presumed that such components are intended for
use with nonroad engines, unless the components, or the packaging for
such components, clearly identify appropriate restrictions. This
requirement does not apply for components that are clearly not intended
for use with fuels.
(2) Applicability of standards after January 1, 2020. Starting
January 1, 2020 it is presumed that replacement components will be used
with nonroad engines subject to the standards of this part if they can
reasonably be used with such engines. Manufacturers, distributors,
retailers, and importers are therefore obligated to take all reasonable
steps possible to ensure that any uncertified components are not used
to replace certified components. This would require labeling the
components and may also require restricting the sales and requiring the
ultimate purchaser to agree to not use the components inappropriately.
This requirement does not apply for components that are clearly not
intended for use with fuels.
(3) Applicability of the tampering prohibition. If a fuel tank or
fuel line needing replacement was certified to meet the emission
standards in this part with a family emission limit below the otherwise
applicable standard, the new replacement fuel tank or fuel line must be
certified with the same or lower family emission limit to avoid
violating the tampering prohibition in 40 CFR 1068.101(b)(1). Equipment
owners may request an exemption from this requirement by demonstrating
that no such fuel tanks or fuel lines are available. We may issue
guidance to address such exemptions more broadly if appropriate.
(c) Small SI engines must have a valid certificate of conformity
with respect to running loss emission standards before being introduced
into U.S. commerce to avoid violating the prohibition of 40 CFR
1068.101(a). The running loss emission standard cannot be met by
component manufacturers. The emission standard and the responsibility
for certification applies to engine manufacturers or equipment
manufacturers as follows:
(1) Engines with complete fuel systems are subject to the running
loss emission standard.
(2) If Small SI engines are sold without complete fuel systems, the
associated equipment is subject to the running loss emission standard.
(d) Manufacturers that generate or use emission credits related to
Marine SI engines in 40 CFR part 1045 or Small SI
[[Page 28364]]
engines in 40 CFR part 1054 are subject to the emission standards for
which they are generating or using emission credits. These engines or
equipment must therefore be covered by a valid certificate of
conformity showing compliance with emission-credit provisions before
being introduced into U.S. commerce to avoid violating the prohibition
of 40 CFR 1068.101(a).
(e) Where there is no valid certificate of conformity for any given
evaporative emission standard for new equipment, the manufacturers of
the engine, equipment and fuel-system components are each liable for
violations of the prohibited acts.
(f) If you manufacture fuel lines or fuel tanks that are subject to
the requirements of this part as described in paragraph (a) of this
section, the prohibition in 40 CFR 1068.101(a) does not apply to your
products if you ship them directly to an equipment manufacturer or
another manufacturer with which you have a contractual agreement that
obligates the other manufacturer to certify those fuel lines or fuel tanks.
Sec. 1060.605 Exemptions from evaporative emission standards.
(a) Except as specified in the exhaust standard-setting part and
paragraph (b) of this section, equipment using an engine that is exempt
from emission standards under the provisions in 40 CFR part 1068,
subpart C or D, is also exempt from the requirements of this part 1060.
For example, engines or equipment exempted from exhaust emission
standards for purposes of national security do not need to meet
evaporative emission standards. Also, any engine that is exempt from
emission standards because it will be used solely for competition does
not need to meet evaporative emission standards.
(b) Engines produced under the replacement-engine exemption in 40
CFR 1068.240 must use fuel-system components that meet the evaporative
emission standards based on the model year of the engine being replaced
subject to the provisions of 40 CFR 1068.265. If no evaporative
emission standards applied at that time, no requirements related to
evaporative emissions apply to the new engine. Installing a replacement
engine does not change the applicability of requirements for the
equipment into which the replacement engine is installed.
(c) Engines or equipment that are temporarily exempt from EPA
exhaust emission standards are also exempt from the requirements of
this part 1060 for the same period as the exhaust exemption.
(d) For equipment powered by more than one engine, all the engines
installed in the equipment must be exempt from all applicable EPA
exhaust emission standards for the equipment to also be exempt under
paragraph (a) or (b) of this section.
(e) In unusual circumstances, we may exempt equipment from the
requirements of this part 1060 even if the equipment is powered by one
or more engines that are subject to EPA exhaust emission standards. See
40 CFR part 1068. Such exemptions will be limited to:
(1) Testing. See 40 CFR 1068.210.
(2) National security. See 40 CFR 1068.225.
(3) Economic hardship. See 40 CFR 1068.245 and 1068.250.
(f) Evaporative emission standards generally apply based on the
model year of the equipment, which is determined by the equipment's
date of final assembly. However, in the first year of new emission
standards, equipment manufacturers may apply evaporative emission
standards based on the model year of the engine as shown on the
engine's emission control information label. For example, for fuel line
permeation standards starting in 2012, equipment manufacturers may
order a batch of 2011 model year engines for installation in 2012 model
year equipment, subject to the anti-stockpiling provisions of 40 CFR
1068.105(a). The equipment with the 2011 model year engines would not
need to meet fuel line permeation standards, as long as the equipment
is fully assembled by December 31, 2012.
Sec. 1060.640 What special provisions apply to branded equipment?
The following provisions apply if you identify the name and
trademark of another company instead of your own on your emission
control information label for equipment, as provided by Sec. 1060.135:
(a) You must have a contractual agreement with the other company
that obligates that company to take the following steps:
(1) Meet the emission warranty requirements that apply under Sec.
1060.120. This may involve a separate agreement involving reimbursement
of warranty-related expenses.
(2) Report all warranty-related information to the certificate holder.
(b) In your application for certification, identify the company
whose trademark you will use and describe the arrangements you have
made to meet your requirements under this section.
(c) You remain responsible for meeting all the requirements of this
chapter, including warranty and defect-reporting provisions.
Subpart H--Averaging, Banking, and Trading Provisions
Sec. 1060.701 Applicability.
(a) You are allowed to comply with the emission standards in this
part with emission credits only if the exhaust standard-setting part
explicitly allows it for evaporative emissions.
(b) The following CFR parts allow some use of emission credits:
(1) 40 CFR part 1045 for marine vessels.
(2) 40 CFR part 1051 for recreational vehicles.
(3) 40 CFR part 1054 for Small SI equipment.
(c) As specified in 40 CFR part 1048, there is no calculation of
emission credits for Large SI equipment.
Sec. 1060.705 How do I certify components to an emission level other
than the standard under this part or use such components in my equipment?
As specified in this section, a component or system may be
certified to a family emission limit (FEL) instead of the otherwise
applicable emission standard.
(a) Requirements for certifying component manufacturers. See
subpart C of this part for instructions regarding the general
requirements for certifying components.
(1) When you submit your application for certification, indicate
the FEL to which your components will be certified. This FEL will serve
as the applicable standard for your component and the equipment that
uses the component. For example, when the regulations of this part use
the phrase ``demonstrate compliance with the applicable emission
standard'' it will mean ``demonstrate compliance with the FEL'' for
your component.
(2) You may not change the FEL for an engine family. To specify a
different FEL for your components, you must send a new application for
certification for a new emission family.
(3) Unless your FEL is below all emission standards that could
potentially apply, you must ensure that all equipment manufacturers
that will use your component are aware of the limitations regarding the
conditions under which they may use your component.
(4) It is your responsibility to read the relevant instructions in
the standard-setting parts identified in Sec. 1060.15.
(b) Requirements for equipment manufacturers. See subpart C of this
[[Page 28365]]
part for instructions regarding your ability to rely on the component
manufacturer's certificate.
(1) The FEL of the component will serve as the applicable standard
for your equipment.
(2) If the FEL is above the emission standard you must ensure that
the exhaust standard-setting part allows you to use emission credits to
comply with emission standards and that you will have an adequate
source of emission credits. You must certify your equipment as
specified in Sec. 1060.201 and the rest of subpart C of this part.
Subpart I--Definitions and Other Reference Information
Sec. 1060.801 What definitions apply to this part?
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:
Accuracy and precision means the sum of accuracy and repeatability,
as defined in 40 CFR 1065.1001. For example, if a measurement device is
determined to have an accuracy of ± 1% and a repeatability
of ± 2%, then its accuracy and precision would be ± 3%.
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 and that, if adjusted, may affect emissions.
You may ask us to exclude a parameter if you show us that it will not
be adjusted in use in a way that affects emissions.
Applicable emission standard or applicable standard means an
emission standard to which a fuel-system component; or, where a fuel-
system component has been or is being certified another standard or
FEL, applicable emission standards means the FEL and other standards to
which the fuel-system component has been or is being certified. This
definition does not apply to subpart H of this part.
Butane working capacity means the measured amount of hydrocarbon
vapor that can be stored on a canister when tested according to ASTM
D5228-92 (incorporated by reference in Sec. 1060.810). You may
determine carbon capacity for a given system by multiplying the mass of
carbon in the system by weight-specific carbon working capacity of a
specific type of carbon.
Certification means relating to the process of obtaining a
certificate of conformity for an emission family that complies with the
emission standards and requirements in this part.
Certified emission level means the highest official emission level
in an emission family.
Cold-weather equipment includes the following types of handheld
equipment: chainsaws, cut-off saws, clearing saws, brush cutters with
engines at or above 40cc, commercial earth and wood drills, and ice
augers. This includes earth augers if they are also marketed as ice augers.
Configuration means a unique combination of hardware (material,
geometry, and size) and calibration within an emission family. Units
within a single configuration differ only with respect to normal
production variability.
Designated Compliance Officer means the Manager, Heavy-Duty and
Nonroad Engine Group (6405-J), U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460.
Designated Enforcement Officer means the Director, Air Enforcement
Division (2242A), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
Detachable fuel line means a fuel line or fuel line assembly
intended to be used with a portable nonroad fuel tank and which is
connected by special fittings to the fuel tank and/or engine for easy
disassembly. Fuel lines that require a wrench or other tools to
disconnect are not considered detachable fuel lines.
Diffusion emissions means evaporative emissions caused by the
venting of fuel tank vapors as a result of molecular motion rather than
fuel heating.
Diurnal emissions means evaporative emissions that occur as a
result of venting fuel tank vapors during daily temperature changes
while the engine is not operating. Diurnal emissions include diffusion
emissions.
Effective length-to-diameter ratio means the mean vapor path length
of a carbon canister divided by the effective diameter of that vapor
path. The effective diameter is the diameter of a circle with the same
cross-sectional area as the average cross-sectional area of the carbon
canister's vapor path.
Emission control system means any device, system, or element of
design that controls or reduces the regulated evaporative emissions
from a piece of nonroad equipment.
Emission-data unit means a fuel line, fuel tank, fuel system, or
fuel-system component that is tested for certification. This includes
components tested by EPA.
Emission-related maintenance means maintenance that substantially
affects emissions or is likely to substantially affect emission
deterioration.
Emission family has the meaning given in Sec. 1060.230.
Equipment means vehicles, marine vessels, and other types of
nonroad equipment that are subject to this part's requirements.
Evaporative means relating to fuel emissions that result from
permeation of fuel through the fuel-system materials and from
ventilation of the fuel system.
Exhaust standard-setting part means the part in the Code of Federal
Regulations that contains exhaust emission standards for a particular
piece of equipment (or the engine in that piece of equipment). For
example, the exhaust standard-setting part for off-highway motorcycles
is 40 CFR part 1051. Exhaust standard-setting parts may include
evaporative emission requirements or describe how the requirements of
this part 1060 apply.
Exposed gasket surface area means the surface area of the gasket
inside the fuel tank that is exposed to fuel or fuel vapor. For the
purposes of calculating exposed surface area of a gasket, the thickness
of the gasket and the outside dimension of the opening being sealed are
used. Gasket overhang into the fuel tank should be ignored for the
purpose of this calculation.
Family emission limit (FEL) means an emission level declared by the
manufacturer to serve in place of an otherwise applicable emission
standard under an ABT program specified by the exhaust standard-setting
part. The family emission limit must be expressed to the same number of
decimal places as the emission standard it replaces. The family
emission limit serves as the emission standard for the emission family
with respect to all required testing.
Fuel line means hoses or tubing designed to contain liquid fuel.
The exhaust standard-setting part may further specify which types of
hoses and tubing are subject to the standards of this part.
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. In the case where the fuel tank cap or other
components (excluding fuel lines) are directly mounted on the fuel
tank, they are considered to be a part of the fuel tank.
Fuel CE10 has the meaning given in Sec. 1060.515(a).
Fuel type means a general category of fuels such as gasoline or
natural gas. There can be multiple grades within a single fuel type,
such as premium
[[Page 28366]]
gasoline, regular gasoline, or gasoline with 10 percent ethanol.
Gasoline means one of the following:
(1) For in-use fuels, gasoline means fuel that is commonly and
commercially know as gasoline, including ethanol blends.
(2) For testing, gasoline has the meaning given in subpart F of
this part.
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.
Installed marine fuel tank means any fuel tank designed for delivering
fuel to a Marine SI engine, excluding portable nonroad fuel tanks.
Large SI means relating to engines that are subject to evaporative
emission standards in 40 CFR part 1048.
Low-permeability material means a material with permeation emission
rates at or below 10 (g-mm)/(m\2\-day) when measured according to SAE
J2659 (incorporated by reference in Sec. 1060.810), where the test
temperature is 23 [deg]C, the test fuel is Fuel CE10, and testing
immediately follows a four-week preconditioning soak with the test fuel.
Manufacture means the physical and engineering process of
designing, constructing, and assembling an engine, piece of nonroad
equipment, or fuel-system components subject to the requirements of
this part.
Manufacturer has the meaning given in section 216(1) of the Act. In
general, this term includes:
(1) Any person who manufactures an engine or piece of nonroad
equipment for sale in the United States or otherwise introduces a new
nonroad engine or a piece of new nonroad equipment into U.S. commerce.
(2) Any person who manufactures a fuel-system component for an
engine subject to the requirements of this part as described in Sec.
1060.1(a).
(3) Importers who import such products into the United States.
Marine SI means relating to vessels subject to evaporative emission
standards in 40 CFR part 1045.
Marine vessel has the meaning given in 40 CFR Sec. 1045.801, which
generally includes all nonroad equipment used as a means of
transportation on water.
Model year means one of the following things:
(1) For equipment defined as ``new nonroad equipment'' under
paragraph (1) of the definition of ``new nonroad engine,'' model year
means one of the following:
(i) Calendar year.
(ii) Your annual new model production period if it is different
than the calendar year. This must include January 1 of the calendar
year for which the model year is named. It may not begin before January
2 of the previous calendar year and it must end by December 31 of the
named calendar year.
(2) For other equipment defined as ``new nonroad equipment'' under
paragraph (2) of the definition of ``new nonroad engine,'' model year
has the meaning given in the exhaust standard-setting part.
(3) For other equipment defined as ``new nonroad equipment'' under
paragraph (3) or paragraph (4) of the definition of ``new nonroad
engine,'' model year means the model year of the engine as defined in
the exhaust standard-setting part.
New nonroad equipment means equipment meeting one or more of the
following criteria:
(1) Nonroad equipment for which the ultimate purchaser has never
received the equitable or legal title. The equipment is no longer new
when the ultimate purchaser receives this title or the product is
placed into service, whichever comes first.
(2) Nonroad equipment that is defined as new under the exhaust
standard-setting part. (Note: equipment that is not defined as new
under the exhaust standard-setting part may be defined as new under
this definition of ``new nonroad equipment.'')
(3) Nonroad equipment with an engine that becomes new (as defined
in the exhaust standard-setting part) while installed in the equipment.
The equipment is no longer new when it is subsequently placed into
service. This paragraph (3) does not apply if the engine becomes new
before being installed in the equipment.
(4) Nonroad equipment not covered by a certificate of conformity
issued under this part at the time of importation and manufactured
after the requirements of this part start to apply (see Sec. 1060.1).
The equipment is no longer new when it is subsequently placed into
service. Importation of this kind of new nonroad equipment is generally
prohibited by 40 CFR part 1068.
Nominal capacity means the a fuel tank's volume as specified by the
fuel tank manufacturer, using at least two significant figures, based
on the maximum volume of fuel the tank can hold with standard refueling
techniques.
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. This part does not apply to all nonroad
engines (see Sec. 1060.1).
Nonroad equipment means a piece of equipment that is powered by or
intended to be powered by one or more nonroad engines. Note that Sec.
1060.601 describes how we treat outboard engines, portable marine fuel
tanks, and associated fuel-system components as nonroad equipment under
this part 1060.
Nontrailerable boat means a vessel 26 feet or more in length.
Official emission result means the measured emission rate for an
emission-data unit.
Placed into service means put into initial use for its intended purpose.
Portable marine fuel tank means a portable nonroad fuel tank that
is used or intended to be used with a marine vessel.
Portable nonroad fuel tank means a fuel tank that meets each of the
following criteria:
(1) It has design features indicative of use in portable
applications, such as a carrying handle and fuel line fitting that can
be readily attached to and detached from a nonroad engine.
(2) It has a nominal fuel capacity of 12 gallons or less.
(3) It is designed to supply fuel to an engine while the engine is
operating.
Production period means the period in which a certified component
will be produced under a certificate of conformity.
Recreational vehicle means vehicles that are subject to evaporative
emission standards in 40 CFR part 1051. This generally includes engines
that will be installed in recreational vehicles if the engines are
certified separately under 40 CFR 1051.20.
Revoke has the meaning given in 40 CFR 1068.30. If we revoke a
certificate or an exemption, you must apply for a new certificate or
exemption before continuing to introduce the affected equipment into
U.S. commerce.
Round means to round numbers according to standard procedures as
specified in 40 CFR 1065.1001.
Running loss emissions means unburned fuel vapor that escapes from
the fuel system to the ambient atmosphere while the engine is
operating, excluding permeation emissions and diurnal emissions.
Running loss emissions generally result from fuel-temperature increases
caused by heat released from in-tank fuel pumps, fuel recirculation, or
proximity to heat sources such as the engine or exhaust components.
Sealed means lacking openings to the atmosphere that would allow
liquid or
[[Page 28367]]
vapor to leak out under normal operating pressures or other pressures
specified in this part. Sealed fuel systems may have openings for
emission controls or fuel lines needed to route fuel to the engine.
Small SI means relating to engines that are subject to emission
standards in 40 CFR part 90 or 1054.
Structurally integrated nylon fuel tank means a fuel tank having
all the following characteristics:
(1) The fuel tank is made of a polyamide material that does not
contain more than 50 percent by weight of a reinforcing glass fiber or
mineral filler and does not contain more than 10 percent by weight of
impact modified polyamides that use rubberized agents such as EPDM rubber.
(2) The fuel tank must be used in a cut-off saw or chainsaw or be
integrated into a major structural member where, as a single component,
the fuel tank material is a primary structural/stress member for other
major components such as the engine, transmission, or cutting attachment.
Subchapter U means 40 CFR parts 1000 through 1299.
Suspend has the meaning given in 40 CFR 1068.30. If we suspend a
certificate, you may not introduce into U.S. commerce equipment from
that emission family unless we reinstate the certificate or approve a
new one. If we suspend an exemption, you may not introduce into U.S.
commerce equipment that was previously covered by the exemption unless
we reinstate the exemption.
Tare means to use a container or other reference mass to zero a
balance before weighing a sample. Generally, this means placing the
container or reference mass on the balance, allowing it to stabilize,
then zeroing the balance without removing the container or reference
mass. This allows you to use the balance to determine the difference in
mass between the sample and the container or reference mass.
Test unit means a piece of fuel line, a fuel tank, or a fuel system
in a test sample.
Test sample means the collection of fuel lines, fuel tanks, or fuel
systems selected from the population of an emission family for emission
testing. This may include testing for certification, production-line
testing, or in-use testing.
Ultimate purchaser means, with respect to any new nonroad
equipment, the first person who in good faith purchases such new
nonroad equipment for purposes other than resale.
Ultraviolet light means electromagnetic radiation with a wavelength
between 300 and 400 nanometers.
United States has the meaning given in 40 CFR 1068.30.
U.S.-directed production volume means the amount of equipment,
subject to the requirements of this part, produced by a manufacturer
for which the manufacturer has a reasonable assurance that sale was or
will be made to ultimate purchasers in the United States.
Useful life means the period during which new nonroad equipment is
required to comply with all applicable emission standards. See Sec.
1060.101.
Void has the meaning given in 40 CFR 1068.30. If we void a
certificate, each piece of equipment introduced into U.S. commerce
under that emission family for that production period is considered
noncompliant, and you are liable for each piece of equipment introduced
into U.S. commerce under the certificate and may face civil or criminal
penalties or both. This applies equally to each piece of equipment in
the emission family, including equipment introduced into U.S. commerce
before we voided the certificate. If we void an exemption, each piece
of equipment introduced into U.S. commerce under that exemption is
considered uncertified (or nonconforming), and you are liable for each
piece of equipment introduced into U.S. commerce under the exemption
and may face civil or criminal penalties or both. You may not introduce
into U.S. commerce any additional equipment using the voided exemption.
Volatile liquid fuel means any fuel other than diesel or biodiesel
that is a liquid at atmospheric pressure and has a Reid Vapor Pressure
higher than 2.0 pounds per square inch.
We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
Wintertime equipment means equipment using a wintertime engine, as
defined in 40 CFR 1054.801. Note this definition applies only for Small
SI equipment.
Sec. 1060.805 What symbols, acronyms, and abbreviations does this
part use?
The following symbols, acronyms, and abbreviations apply to this part:
[deg]
degree.
ASTM American Society for Testing and Materials.
C Celsius.
CFR Code of Federal Regulations.
CWFL Cold-weather fuel line (see Sec. 1060.102).
EPA Environmental Protection Agency.
FEL family emission limit.
g gram.
gal gallon.
hr hour.
in inch.
kPa kilopascal.
kW kilowatt.
L liter.
LEFL Low-emission fuel line (see Sec. 1060.102).
m meter.
min minute.
mm millimeter.
NRFL Nonroad fuel line (see Sec. 1060.102).
psig pounds per square inch of gauge pressure.
SAE Society of Automotive Engineers.
SHED Sealed Housing for Evaporative Determination.
U.S. United States.
U.S.C. United States Code.
W watt.
Sec. 1060.810 What materials does this part reference?
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 or http://www.astm.com. Table 1 follows:
[[Page 28368]]
Table 1 to Sec. 1060.810.--ASTM Materials
------------------------------------------------------------------------
Part 1060
Document number and name reference
------------------------------------------------------------------------
ASTM D 471-06, Standard Test Method for Rubber 1060.515
Property-Effect of Liquids...........................
ASTM D3802-79 (Reapproved 2005), Standard Test Method 1060.240
for Ball-Pan Hardness of Activated Carbon............
ASTM D5228-92 (Reapproved 2005), Standard Test Method 1060.240
for Determination of Butane Working Capacity of
Activated Carbon.....................................
------------------------------------------------------------------------
(b) SAE material. Table 2 of this section lists material from the
Society of Automotive Engineers 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 or
http://www.sae.org. Table 2 follows:
Table 2 to Sec. 1060.810.--SAE Materials
------------------------------------------------------------------------
Part 1060
Document number and name reference
------------------------------------------------------------------------
SAE J30, Fuel and Oil Hoses, June 1998................ 1060.515
SAE J1527, Marine Fuel Hoses, February 1993........... 1060.515
SAE J2260, Nonmetallic Fuel System Tubing with One or 1060.510
More Layers, November 1996...........................
SAE J2659, Test Method to Measure Fluid Permeation of 1060.801
Polymeric Materials by Speciation, December 2003.....
------------------------------------------------------------------------
Sec. 1060.815 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.
Sec. 1060.820 How do I request a hearing?
(a) You may request a hearing under certain circumstances, as
described elsewhere in this part. To do this, you must file a written
request, including a description of your objection and any supporting
data, within 30 days after we make a decision.
(b) For a hearing you request under the provisions of this part, we
will approve your request if we find that your request raises a
substantial factual issue.
(c) If we agree to hold a hearing, we will use the procedures
specified in 40 CFR part 1068, subpart G.
Sec. 1060.825 What reporting and recordkeeping requirements apply
under this part?
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget approves the reporting and
recordkeeping specified in the applicable regulations. The following
items illustrate the kind of reporting and recordkeeping we require for
products regulated under this part:
(a) We specify the following requirements related to equipment
certification in this part 1060:
(1) In 40 CFR 1060.20 we give an overview of principles for
reporting information.
(2) In 40 CFR part 1060, subpart C, we identify a wide range of
information required to certify engines.
(3) In 40 CFR 1060.301 we require manufacturers to make engines or
equipment available for our testing if we make such a request.
(4) In 40 CFR 1060.505 we specify information needs for
establishing various changes to published test procedures.
(b) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:
(1) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
(2) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information.
(3) In 40 CFR 1068.27 we require manufacturers to make equipment
available for our testing or inspection if we make such a request.
(4) In 40 CFR 1068.105 we require equipment manufacturers to keep
certain records related to duplicate labels from engine manufacturers.
(5) [Reserved]
(6) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
(7) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing equipment.
(8) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line products in a selective enforcement
audit.
(9) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.
(10) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming equipment.
PART 1065--ENGINE-TESTING PROCEDURES
134. The authority citation for part 1065 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart A--[Amended]
135. Section 1065.1 is amended by revising paragraph (a) to read as
follows:
Sec. 1065.1 Applicability.
(a) This part describes the procedures that apply to testing we
require for the following engines or for vehicles using the following
engines:
(1) [Reserved]
[[Page 28369]]
(2) Model year 2010 and later heavy-duty highway engines we
regulate under 40 CFR part 86. For earlier model years, manufacturers
may use the test procedures in this part or those specified in 40 CFR
part 86, subpart N, according to Sec. 1065.10.
(3) Nonroad diesel engines we regulate under 40 CFR part 1039 and
stationary diesel engines that are certified to the standards in 40 CFR
part 1039 as specified in 40 CFR part 60, subpart IIII. For earlier
model years, manufacturers may use the test procedures in this part or
those specified in 40 CFR part 89 according to Sec. 1065.10.
(4) [Reserved]
(5) Marine spark-ignition engines we regulate under 40 CFR part
1045. For earlier model years, manufacturers may use the test
procedures in this part or those specified in 40 CFR part 91 according
to Sec. 1065.10.
(6) Large nonroad spark-ignition engines we regulate under 40 CFR
part 1048, and stationary engines that are certified to the standards
in 40 CFR part 1048 as specified in 40 CFR part 60, subpart JJJJ.
(7) Vehicles we regulate under 40 CFR part 1051 (such as
snowmobiles and off-highway motorcycles) based on engine testing. See
40 CFR part 1051, subpart F, for standards and procedures that are
based on vehicle testing.
(8) Small nonroad spark-ignition engines we regulate under 40 CFR
part 1054 and stationary engines that are certified to the standards in
40 CFR part 1054 as specified in 40 CFR part 60, subpart JJJJ. For
earlier model years, manufacturers may use the test procedures in this
part or those specified in 40 CFR part 90 according to Sec. 1065.10.
* * * * *
PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS
136. The authority citation for part 1068 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart A--[Amended]
137. Section 1068.1 is revised to read as follows:
Sec. 1068.1 Does this part apply to me?
(a) The provisions of this part apply to everyone with respect to
the following engines and to equipment using the following engines
(including owners, operators, parts manufacturers, and persons
performing maintenance).
(1) Locomotives we regulate under 40 CFR part 1039.
(2) Land-based nonroad compression-ignition engines we regulate
under 40 CFR part 1039.
(3) Stationary compression-ignition engines certified to the
provisions of 40 CFR part 1039, as indicated under 40 CFR part 60,
subpart IIII.
(4) Marine diesel engines we regulate under 40 CFR part 1042.
(5) Marine spark-ignition engines we regulate under 40 CFR part 1045.
(6) Large nonroad spark-ignition engines we regulate under 40 CFR
part 1048.
(7) Stationary spark-ignition engines certified to the provisions
of 40 CFR parts 1048 or 1054, as indicated under 40 CFR part 60,
subpart JJJJ.
(8) Recreational engines and vehicles we regulate under 40 CFR part
1051 (such as snowmobiles and off-highway motorcycles).
(9) Small nonroad spark-ignition engines we regulate under 40 CFR
part 1054.
(b) This part does not apply to any of the following engine or
vehicle categories:
(1) Light-duty motor vehicles (see 40 CFR part 86).
(2) Heavy-duty motor vehicles and motor vehicle engines (see 40 CFR
part 86).
(3) Aircraft engines (see 40 CFR part 87).
(4) Land-based nonroad diesel engines we regulate under 40 CFR part 89.
(5) Small nonroad spark-ignition engines we regulate under 40 CFR
part 90.
(6) Marine spark-ignition engines we regulate under 40 CFR part 91.
(7) Locomotive engines (see 40 CFR part 92).
(8) Marine diesel engines (see 40 CFR parts 89 and 94).
(c) Paragraph (a)(1) of this section identifies the parts of the
CFR that define emission standards and other requirements for
particular types of engines and equipment. This part 1068 refers to
each of these other parts generically as the ``standard-setting part.''
For example, 40 CFR part 1051 is always the standard-setting part for
snowmobiles. Follow the provisions of the standard-setting part if they
are different than any of the provisions in this part.
(d)(1) The provisions of Sec. Sec. 1068.30, 1068.310, and 1068.320
apply for stationary spark-ignition engines built on or after January
1, 2004, and for stationary compression-ignition engines built on or
after January 1, 2006.
(2) The provisions of Sec. Sec. 1068.30 and 1068.235 apply for the
types of engines/equipment listed in paragraph (a) of this section
beginning January 1, 2004, if they are used solely for competition.
138. A new Sec. 1068.2 is added to read as follows:
Sec. 1068.2 How does this part apply for engines and how does it
apply for equipment?
(a) See the standard-setting part to determine if engine-based and/
or equipment-based standards apply. (Note: Some equipment is subject to
engine-based standards for exhaust emission and equipment-based
standards for evaporative emissions.)
(b) The provisions of this part apply differently depending on
whether the engine or equipment is required to be certified.
(1) This subpart A and subpart B of this part apply to engines and
equipment, without regard to which is subject to certification
requirements in the standard-setting part.
(2) Subparts C, D, and E of this part apply to the engines or to
the equipment, whichever is subject to certification requirements in
the standard-setting part.
(3) Subpart F of this part generally applies to the engines or to
the equipment, whichever is subject to standards under the standard-
setting part. However, since subpart F of this part addresses in-use
engines and equipment (in which the engine is installed in the
equipment), the requirements do not always distinguish between engines
and equipment.
(c) For issues related to testing, read the term ``engines/
equipment'' to mean engines for engines subject to engine-based testing
and equipment for equipment subject to equipment-based testing;
otherwise, read the term ``engines/equipment'' to mean engines for
sources subject to engine-based standards and equipment for sources
subject to equipment-based standards.
(d) Where we use the term engines (rather than engines/equipment),
read it to mean engines without regard to whether the source is subject
to engine-based standards or testing. Where we use the term equipment
(rather than engines/equipment), read it to mean equipment without
regard to whether the source is subject to equipment-based standards or
testing. (Note: The definition of ``equipment'' in Sec. 1068.30
includes the engine.)
(e) The terminology convention described in this section is not
intended to limit our authority or your obligations under the Clean Air
Act.
139. Section 1068.5 is amended by revising paragraph (a) to read as
follows:
Sec. 1068.5 How must manufacturers apply good engineering judgment?
(a) You must use good engineering judgment for decisions related to any
[[Page 28370]]
requirements under this chapter. This includes your applications for
certification, any testing you do to show that your certification,
production-line, and in-use engines/equipment comply with requirements
that apply to them, and how you select, categorize, determine, and
apply these requirements.
* * * * *
140. Section 1068.20 is amended by revising paragraphs (a) and (d)
to read as follows:
Sec. 1068.20 May EPA enter my facilities for inspections?
(a) We may inspect your testing, manufacturing processes, storage
facilities (including port facilities for imported engines and
equipment or other relevant facilities), or records, as authorized by
the Act, to enforce the provisions of this chapter. Inspectors will
have authorizing credentials and will limit inspections to reasonable
times--usually, normal operating hours.
* * * * *
(d) We may select any facility to do any of the following:
(1) Inspect and monitor any aspect of engine or equipment
manufacturing, assembly, storage, or other procedures, and any
facilities where you do them.
(2) Inspect and monitor any aspect of engine or equipment test
procedures or test-related activities, including test engine/equipment
selection, preparation, service accumulation, emission duty cycles, and
maintenance and verification of your test equipment's calibration.
(3) Inspect and copy records or documents related to assembling,
storing, selecting, and testing an engine or piece of equipment.
(4) Inspect and photograph any part or aspect of engines or
equipment and components you use for assembly.
* * * * *
141. Section 1068.25 is revised to read as follows:
Sec. 1068.25 What information must I give to EPA?
If you are subject to the requirements of this part, we may require
you to give us information to evaluate your compliance with any
regulations that apply, as authorized by the Act. This includes the
following things:
(a) You must provide the information we require in this chapter. We
may require an authorized representative of your company to approve and
sign any submission of information to us, and to certify that the
information is accurate and complete.
(b) You must establish and maintain records, perform tests, make
reports and provide additional information that we may reasonably
require under section 208 of the Act (42 U.S.C. 7542). This also
applies to engines/equipment we exempt from emission standards or
prohibited acts.
142. Section 1068.27 is revised to read as follows:
Sec. 1068.27 May EPA conduct testing with my production engines/equipment?
If we request it, you must make a reasonable number of production-
line engines or pieces of production-line equipment available for a
reasonable time so we can test or inspect them for compliance with the
requirements of this chapter.
143. Section 1068.30 is revised to read as follows:
Sec. 1068.30 What definitions apply to this part?
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:
Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q. the
Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
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 reduce emissions in the engine exhaust before it is exhausted to
the environment. Exhaust-gas recirculation (EGR) is not aftertreatment.
Aircraft means any vehicle capable of sustained air travel above
treetop heights.
Certificate holder means a manufacturer (including importers) with
a currently valid certificate of conformity for at least one family in
a given model year.
Date of manufacture means--
(1) For engines, the later of the following dates:
(i) The date on which an engine is assembled to the point of being
able to run. This does not require installation of a cooling system,
fuel tank, or aftertreament devices.
(ii) The date on which a partially complete engine that was
introduced into U.S. commerce with an exemption under Sec. 1068.262 is
assembled in its final certified configuration.
(2) For equipment, the date on which assembly of the equipment is
completed.
Days means calendar days, including weekends and holidays.
Defeat device has the meaning given in the standard-setting part.
Designated Officer means the Manager of the Heavy-Duty and Nonroad
Engine Group (6405-J), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., Washington, DC 20460.
Engine means a complete or partially complete internal combustion
engine. The term engine broadly includes any assembly of an engine
block and at least one other attached component. The term engine does
not include engine blocks with no attached components, nor does it
include any assembly of engine components that does not include the
engine block. This includes complete and partially complete engines as
follows:
(1) A complete engine is a fully assembled engine in its final
configuration.
(2) A partially complete engine is an engine that is not fully
assembled or is not in its final configuration. Except where we specify
otherwise in this part or the standard-setting part, partially complete
engines are subject to the same standards and requirements as complete
engines. The following would be considered examples of partially
complete engines:
(i) An engine that is missing only an aftertreatment component.
(ii) An engine that was originally assembled as a motor-vehicle
engine that will be recalibrated for use as a nonroad engine.
(iii) An engine that was originally assembled as a land-based
engine that will be modified for use as a marine propulsion engine.
(iv) A short block consisting of engine components connected to the
engine block, but missing the head assembly.
(v) A loose engine that will be installed in an off-highway
motorcycle that will be subject to vehicle-based standards.
Engine-based standard means an emission standard expressed in units
of grams of pollutant per kilowatt-hour, and which applies to the
engine. Emission standards are either engine-based or equipment-based.
Engine-based test means an emission test intended to measure
emissions in units of grams of pollutant per kilowatt-hour, without
regard to whether the standard applies to the engine or equipment.
Engine/equipment and engines/equipment mean either engine(s) or
equipment. Specifically these terms mean the following:
(1) Engine(s) when only engine-based standards apply.
(2) Engine(s) for testing issues when engine-based testing applies.
[[Page 28371]]
(3) Engine(s) and equipment when both engine-based and equipment-
based standards apply.
(4) Equipment when only equipment-based standards apply.
(5) Equipment for testing issues when equipment-based testing applies.
Equipment means one of the following things:
(1) Any vehicle, vessel, or other type of equipment that is subject
to the requirements of this part, or that uses an engine that is
subject to the requirements of this part. An installed engine is part
of the equipment.
(2) Fuel-system components that are subject to an equipment-based
standard under this chapter. Installed fuel-system components are part
of the engine.
Equipment-based standard means an emission standard that applies to
the equipment in which an engine is used or to fuel-system components
associated with an engine, without regard to how the emissions are
measured. Where equipment-based standards apply, we require that the
equipment or fuel-system components be certified, rather than just the
engine. Emission standards are either engine-based or equipment-based.
For example, recreational vehicles we regulate under 40 CFR part 1051
are subject to equipment-based standards, even if emission measurements
are based on engine operation alone.
Exempted means relating to engines/equipment that are not required
to meet otherwise applicable standards. Exempted engines/equipment must
conform to regulatory conditions specified for an exemption in this
part 1068 or in the standard-setting part. Exempted engines/equipment
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/equipment 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 3 standards may be required to comply
with Tier 1 or Tier 2 standards.
Family means engine family or emission family, as applicable under
the standard-setting part.
Final deteriorated test result has the meaning given in the
standard-setting part. If it is not defined in the standard-setting
part, it means the emission level that results from applying all
appropriate adjustments (such as deterioration factors) to the measured
emission result of the emission-data engine.
Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information.
Incomplete engine assembly means an assembly of engine components
that includes at least the engine block and one other component, but
lacks certain parts essential for engine operation. An engine block
with no other assembled components is not an incomplete engine assembly
under this section. An assembly of engine parts that does not include
the engine block is also not an incomplete engine assembly.
Manufacturer has the meaning given in section 216(1) of the Act (42
U.S.C. 7550(1)). In general, this term includes any person who
manufactures an engine or piece of equipment for sale in the United
States or otherwise introduces a new engine or piece of equipment into
U.S. commerce. This includes importers that import new engines or new
equipment into the United States for resale. It also includes secondary
engine manufacturers.
Model year has the meaning given in the standard-setting part.
Unless the standard-setting part specifies otherwise, model year for
individual engines/equipment is based on the date of manufacture or a
later date determined by the manufacturer. The model year of a new
engine that is neither certified nor exempt is deemed to be the
calendar year in which it is sold, offered for sale, imported, or
delivered or otherwise introduced into commerce in the United States.
Motor vehicle has the meaning given in 40 CFR 85.1703(a).
New has the meaning we give it in the standard-setting part.
Nonroad engine means:
(1) Except as discussed in paragraph (2) of this definition, a
nonroad engine is an internal combustion engine that meets any of the
following criteria:
(i) It is (or will be) used in or on a piece of equipment that is
self-propelled or serves a dual purpose by both propelling itself and
performing another function (such as garden tractors, off-highway
mobile cranes and bulldozers).
(ii) It is (or will be) used in or on a piece of equipment that is
intended to be propelled while performing its function (such as
lawnmowers and string trimmers).
(iii) By itself or in or on a piece of equipment, it is portable or
transportable, meaning designed to be and capable of being carried or
moved from one location to another. Indicia of transportability
include, but are not limited to, wheels, skids, carrying handles,
dolly, trailer, or platform.
(2) An internal combustion engine is not a nonroad engine if it
meets any of the following criteria:
(i) The engine is used to propel a motor vehicle, an aircraft, or
equipment used solely for competition.
(ii) The engine is regulated under 40 CFR part 60, (or otherwise
regulated by a federal New Source Performance Standard promulgated
under section 111 of the Act (42 U.S.C. 7411)).
(iii) The engine otherwise included in paragraph (1)(iii) of this
definition remains or will remain at a location for more than 12
consecutive months or a shorter period of time for an engine located at
a seasonal source. A location is any single site at a building,
structure, facility, or installation. Any engine (or engines) that
replaces an engine at a location and that is intended to perform the
same or similar function as the engine replaced will be included in
calculating the consecutive time period. An engine located at a
seasonal source is an engine that remains at a seasonal source during
the full annual operating period of the seasonal source. A seasonal
source is a stationary source that remains in a single location on a
permanent basis (i.e., at least two years) and that operates at that
single location approximately three months (or more) each year. See
Sec. 1068.31 for provisions that apply if the engine is removed from
the location.
Operating hours means:
(1) For engine and equipment storage areas or facilities, times
during which people other than custodians and security personnel are at
work near, and can access, a storage area or facility.
(2) For other areas or facilities, times during which an assembly
line operates or any of the following activities occurs:
(i) Testing, maintenance, or service accumulation.
(ii) Production or compilation of records.
(iii) Certification testing.
(iv) Translation of designs from the test stage to the production stage.
(v) Engine or equipment manufacture or assembly.
Piece of equipment means any vehicle, vessel, locomotive, aircraft,
or other type of equipment using engines to which this part applies.
Placed into service means used for its intended purpose.
Reasonable technical basis means information that would lead a
person familiar with engine design and function to reasonably believe a
conclusion, related to compliance with the requirements of this part.
For example, it would be reasonable to believe that parts performing
the same function as the original parts (and to the
[[Page 28372]]
same degree) would control emissions to the same degree as the original
parts.
Revoke means to terminate the certificate or an exemption for a
family. If we revoke a certificate or exemption, you must apply for a
new certificate or exemption before continuing to introduce the
affected engines/equipment into U.S. commerce. This does not apply to
engines/equipment you no longer possess.
Secondary engine manufacturer means anyone who produces a new
engine by modifying a complete or partially complete engine that was
made by a different company. For the purpose of this definition,
``modifying'' does not include making changes that do not remove an
engine from its original certified configuration. Secondary engine
manufacturing includes, for example, converting automotive engines for
use in industrial applications, or land-based engines for use in marine
applications. This applies whether it involves a complete or partially
complete engine and whether the engine was previously certified to
emission standards or not. Manufacturers controlled by the manufacturer
of the base engine (or by an entity that also controls the manufacturer
of the base engine) are not secondary engine manufacturers; rather,
both entities are considered to be one manufacturer for purposes of
this part. Equipment manufacturers that substantially modify engines
are secondary engine manufacturers. Also, equipment manufacturers that
certify to equipment-based standards using engines produced by another
company are deemed to be secondary engine manufacturers.
Small business means either of the following:
(1) A company that qualifies under the standard-setting part for
special provisions for small businesses or small-volume manufacturers.
(2) A company that qualifies as a small business under the
regulations adopted by the Small Business Administration at 13 CFR
121.201.
Standard-setting part means a part in the Code of Federal
Regulations that defines emission standards for a particular engine
and/or piece of equipment (see Sec. 1068.1(a)). For example, the
standard-setting part for marine spark-ignition engines is 40 CFR part
1045. For provisions related to evaporative emissions, the standard-
setting part may be 40 CFR part 1060, as specified in 40 CFR 1060.1.
Suspend means to temporarily discontinue the certificate or an
exemption for a family. If we suspend a certificate, you may not
introduce into U.S. commerce engines/equipment from that family unless
we reinstate the certificate or approve a new one. If we suspend an
exemption, you may not introduce into U.S. commerce engines/equipment
that were previously covered by the exemption unless we reinstate the
exemption.
Ultimate purchaser means the first person who in good faith
purchases a new nonroad engine or new piece of equipment for purposes
other than resale.
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.
U.S.-directed production volume means the number of engine/
equipment units, subject to the requirements of this part, produced by
a manufacturer for which the manufacturer has a reasonable assurance
that sale was or will be made to ultimate purchasers in the United States.
Void means to invalidate a certificate or an exemption ab initio.
If we void a certificate, all the engines/equipment introduced into
U.S. commerce under that family for that model year are considered
noncompliant, and you are liable for all engines/equipment introduced
into U.S. commerce under the certificate and may face civil or criminal
penalties or both. This applies equally to all engines/equipment in the
family, including engines/equipment introduced into U.S. commerce
before we voided the certificate. If we void an exemption, all the
engines/equipment introduced into U.S. commerce under that exemption
are considered uncertified (or nonconforming), and you are liable for
engines/equipment introduced into U.S. commerce under the exemption and
may face civil or criminal penalties or both. You may not introduce
into U.S. commerce any additional engines/equipment using the voided
exemption.
Voluntary emission recall means a repair, adjustment, or
modification program voluntarily initiated and conducted by a
manufacturer to remedy any emission-related defect for which engine
owners have been notified.
We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.
144. A new Sec. 1068.31 is added to read as follows:
Sec. 1068.31 What provisions apply to nonroad or stationary engines
that change their status?
This section specifies the provisions that apply when an engine
previously used in a nonroad application is subsequently used in an
application other than a nonroad application, or when an engine
previous used in a stationary application (i.e., an engine that was not
used as a nonroad engine and that was not used to propel a motor
vehicle, an aircraft, or equipment used solely for competition) is moved.
(a) Changing the status of a stationary engine to be a new nonroad
engine as described in paragraph (b) of this section is a violation of
Sec. 1068.101(a)(1) unless the engine has been certified to be
compliant with all requirements of this chapter that apply to new
nonroad engines of the same type (for example, a compression-ignition
engine rated at 40 kW) and model year, and is in its certified
configuration.
(b) A stationary engine becomes a new nonroad engine if--
(1) It is used in an application that meets the criteria specified
in paragraphs (1)(i) or (ii) in the definition of ``nonroad engine'' in
Sec. 1068.30.
(2) It meets the criteria specified in paragraph (1)(iii) of the
definition of ``nonroad engine'' in Sec. 1068.30 and is moved so that
it fails to meet (or no longer meets) the criteria specified in
paragraph (2)(iii) in the definition of ``nonroad engine'' in Sec.
1068.30.
(c) A stationary engine does not become a new nonroad engine if it
is moved but continues to meet the criteria specified in paragraph
(2)(iii) in the definition of ``nonroad engine'' in Sec. 1068.30 in
its new location. For example, a transportable engine that is used in a
single specific location for 18 months and is later moved to a second
specific location where it will remain for at least 12 months is
considered to be a stationary engine in both locations.
(d) Changing the status of a nonroad engine to be a new stationary
engine as described in paragraph (e) of this section is a violation of
Sec. 1068.101(a)(1) unless the engine complies with all the
requirements of this chapter for new stationary engines of the same
type (for example, a compression-ignition engine rated at 40 kW) and
model year. For a new stationary engine that is required to be
certified under 40 CFR part 60, the engine must have been certified to
be compliant with all the requirements that apply to new stationary
engines of the same type and model year, and must be in its certified
configuration.
(e) A nonroad engine ceases to be a nonroad engine and becomes a
new stationary engine if--
(1) At any time, it meets the criteria specified in paragraph
(2)(iii) in the definition of ``nonroad engine'' in Sec. 1068.30. For
example, a portable generator engine ceases to be a nonroad engine if
it is used or will be used in
[[Page 28373]]
a single specific location for 12 months or longer. If we determine
that an engine will be or has been used in a single specific location
for 12 months or longer, it ceased to be a nonroad engine when it was
placed in that location.
(2) It is otherwise regulated by a federal New Source Performance
Standard promulgated under section 111 of the Act (42 U.S.C. 7411).
(f) A nonroad engine ceases to be a nonroad engine if it is used to
propel a motor vehicle, an aircraft, or equipment used solely for
competition. See 40 CFR part 86 for requirements applicable to motor
vehicles and motor vehicle engines. See 40 CFR part 87 for requirements
applicable to aircraft and aircraft engines. See Sec. 1068.235 for
requirements applicable to equipment used solely for competition.
Subpart B--[Amended]
145. Section 1068.101 is revised 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, manufacturers of equipment containing
these engines, and manufacturers of new equipment, 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/equipment after emission
standards take effect for the engine/equipment, unless it is covered by
a valid certificate of conformity for its model year and has 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 is covered
by a valid and appropriate certificate of conformity and has the
required engine label or tag. We may assess a civil penalty up to
$32,500 for each engine or piece of equipment in violation.
(i) 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/equipment
(such as locomotive or Marine SI), and conforms to all requirements
specified for equipment in the standard-setting part. Engines/equipment
are considered not covered by a certificate unless they are in a
configuration described in the application for certification.
(ii) 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.
(iii) For engines used in equipment subject to equipment-based
standards, 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, unless it is covered by a valid certificate of conformity
for its model year and has the required label or tag. See the standard-
setting part for more information about how this prohibition applies.
(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
complete and accurate reports and information without delay, as
required under this chapter. 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. In addition, knowingly
submitting false information is a violation of 18 U.S.C. 1001, which
may involve criminal penalties and up to five years imprisonment.
(3) Testing and access to facilities. You may not keep us from
entering your facility to test engines/equipment 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 and equipment to which this part applies:
(1) Tampering. You may not remove, disable, or render inoperative a
device or element of design that may affect an engine's or piece of
equipment's emission levels. This includes, for example, operating an
engine without a supply of appropriate quality urea if the emissions
control system relies on urea to reduce NOX emissions or the
use of incorrect fuel or engine oil that renders the emissions control
system inoperative. This restriction applies before and after the
engine or equipment is placed in service. Section 1068.120 describes
how this applies to rebuilding engines. See the standard-setting part,
which may include additional provisions regarding actions prohibited by
this requirement. For a manufacturer or dealer, we may assess a civil
penalty up to $32,500 for each engine or piece of equipment in
violation. For anyone else, we may assess a civil penalty up to $2,750
for each day an engine or piece of equipment is operated in violation.
This prohibition does not apply in any of the following situations:
(i) You need to repair the engine/equipment and you restore it to
proper functioning when the repair is complete.
(ii) You need to modify the engine/equipment to respond to a
temporary emergency and you restore it to proper functioning as soon as
possible.
(iii) You modify new engines/equipment that another manufacturer
has already certified to meet emission standards and recertify them
under your own family. In this case you must tell the original
manufacturer not to include the modified engines/equipment in the
original family.
(2) Defeat devices. You may not knowingly manufacture, sell, offer
to sell, or install, any part that bypasses, impairs, defeats, or
disables the control the emissions of any pollutant. See the standard-
setting part, which may include additional provisions regarding actions
prohibited by this requirement. 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/equipment. For uncertified engines/
equipment that are excluded or exempted from any requirements of this
chapter because they are to be used solely for competition, you may not
use any of them in a manner that is inconsistent with use solely for
competition. We may
[[Page 28374]]
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/equipment;
uncertified engines and equipment (including used engines and
equipment) are generally considered to be new when imported.
(ii) Engines/equipment that were originally manufactured before
applicable EPA standards were in effect are generally not subject to
emission standards.
(6) Warranty and recall. You must meet your obligation to honor
your emission-related warranty under Sec. 1068.115, including any
commitments you identify in your application for certification. You
must also fulfill all applicable requirements under subpart F of this
part related to emission-related defects and recalls. Failure to meet
these obligations is prohibited. Also, except as specifically provided
by regulation, you are prohibited from directly or indirectly
communicating to the ultimate purchaser or a later purchaser that the
emission-related warranty is valid only if the owner has service
performed at authorized facilities, or only if the owner uses
authorized parts, components, or systems. We may assess a civil penalty
up to $32,500 for each engine or piece of equipment in violation.
(c) [Reserved]
(d) Exemptions from these prohibitions are described in subparts C
and D of this part and in the standard-setting part.
(e) The standard-setting parts describe more requirements and
prohibitions that apply to manufacturers (including importers) and
others under this chapter.
(f) [Reserved]
(g) The maximum penalty values listed in paragraphs (a) and (b) of
this section are shown for calendar year 2004. Maximum penalty limits
for later years may be adjusted based on the Consumer Price Index. The
specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based. The following table
is shown here for informational purposes:
Table 1 to Sec. 1068.101.--Legal Citation for Specific Prohibitions for Determining Maximum Penalty Amounts
----------------------------------------------------------------------------------------------------------------
Part 1068 regulatory citation of General description of U.S. Code citation for clean air act
prohibited action prohibition authority
----------------------------------------------------------------------------------------------------------------
Sec. 1068.101(a)(1)................ Introduction into U.S. 42 U.S.C. 7522(a)(1).
commerce of an uncertified
source.
Sec. 1068.101(a)(2)................ Failure to provide 42 U.S.C. 7522(a)(2).
information.
Sec. 1068.101(a)(3)................ Denying access to facilities. 42 U.S.C. 7522(a)(2).
Sec. 1068.101(b)(1)................ Tampering with emission 42 U.S.C. 7522(a)(3).
controls by a manufacturer
or dealer.
Tampering with emission ..........................................
controls by someone other
than a manufacturer or
dealer.
Sec. 1068.101(b)(2)................ Sale or use of a defeat 42 U.S.C. 7522(a)(3).
device.
Sec. 1068.101(b)(3)................ Mobile use of a stationary 42 U.S.C. 7522(a)(1).
engine.
Sec. 1068.101(b)(4)................ Noncompetitive use of 42 U.S.C. 7522(a)(1).
uncertified engines/
equipment that is exempted
for competition.
Sec. 1068.101(b)(5)................ Importation of an uncertified 42 U.S.C. 7522(a)(1).
source.
----------------------------------------------------------------------------------------------------------------
146. Section 1068.105 is revised to read as follows:
Sec. 1068.105 What other provisions apply to me specifically if I
manufacture equipment needing certified engines?
This section describes general provisions that apply to equipment
manufacturers for sources subject to engine-based standards. See the
standard-setting part for any requirements that apply for certain
applications.
(a) Transitioning to new engine-based standards. If new engine-
based 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 continue to 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 for the engine 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.
(b) Installing engines or certified components. You must follow the
engine manufacturer's emission-related installation instructions. For
example, you may need to constrain where you place an exhaust
aftertreatment device or integrate into your equipment models a device
for sending visual or audible signals to the operator. Similarly, you
must follow the emission-related installation instructions from the
manufacturer of a component that has been certified for controlling
evaporative emissions under 40 CFR part 1060. Not meeting the
manufacturer's emission-related installation instructions is a
violation of Sec. 1068.101(b)(1).
(c) Attaching a duplicate label. If you obscure the engine's label,
you must do four things to avoid violating Sec. 1068.101(a)(1):
(1) Send a request for duplicate labels in writing with your
company's letterhead to the engine manufacturer. Include the following
information in your request:
(i) Identify the type of equipment and the specific engine and
equipment models needing duplicate labels.
(ii) Identify the family (from the original engine label).
[[Page 28375]]
(iii) State the reason that you need a duplicate label for each
equipment model.
(iv) Identify the number of duplicate labels you will need.
(2) Permanently attach the duplicate label to your equipment by
securing it to a part needed for normal operation and not normally
requiring replacement. Make sure an average person can easily read it.
(3) Destroy any unused duplicate labels if you find that you will
not need them.
(4) Keep the following records for at least eight years after the
end of the model year identified on the engine label:
(i) Keep a copy of your written request.
(ii) Keep drawings or descriptions that show how you apply the
duplicate labels to your equipment.
(iii) Maintain a count of those duplicate labels you use and those
you destroy.
147. Section 1068.110 is revised to read as follows:
Sec. 1068.110 What other provisions apply to engines/equipment in service?
(a) Aftermarket parts and service. As the certifying manufacturer,
you may not require anyone to use your parts or service to maintain or
repair an engine or piece of equipment, unless we approve this in your
application for certification. It is a violation of the Act for anyone
to manufacture any part if one of its main effects is to reduce the
effectiveness of the emission controls. See Sec. 1068.101(b)(2).
(b) Certifying aftermarket parts. As the manufacturer or rebuilder
of an aftermarket engine or equipment part, you may--but are not
required to--certify according to 40 CFR part 85, subpart V, that using
the part will not cause engines/equipment to fail to meet emission
standards. Whether you certify or not, you must keep any information
showing how your parts or service affect emissions.
(c) Compliance with standards. We may test engines and equipment to
investigate compliance with emission standards and other requirements.
We may also require the manufacturer to do this testing.
(d) Defeat devices. We may test engines and equipment to
investigate potential defeat devices. We may also require the
manufacturer to do this testing. If we choose to investigate one of
your designs, we may require you to show us that it does not have a
defeat device. To do this, you may have to share with us information
regarding test programs, engineering evaluations, design
specifications, calibrations, on-board computer algorithms, and design
strategies. It is a violation of the Act for anyone to make, install or
use defeat devices. See Sec. 1068.101(b)(2) and the standard-setting part.
(e) Warranty and maintenance. Owners are responsible for properly
maintaining their engines/equipment; 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 equipment 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.
148. Section 1068.115 is revised to read as follows:
Sec. 1068.115 When must manufacturers honor emission-related warranty
claims?
Section 207(a) of the Clean Air Act (42 U.S.C. 7541(a)) requires
certifying manufacturers to warrant to purchasers that their engines/
equipment are designed, built, and equipped to conform at the time of
sale to the applicable regulations for their full useful life,
including a warranty that the engines/equipment are free from defects
in materials and workmanship that would cause any engine/equipment to
fail to conform to the applicable regulations during the specified
warranty period. This section codifies the warranty requirements of
section 207(a) without intending to limit these requirements.
(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 the engine/equipment or the operator's use of
the engine/equipment in a manner for which it was not designed, and are
not attributable to you in any way.
(b) As a certifying manufacturer, you may not deny emission-related
warranty claims based on any of the following:
(1) Maintenance or other service you or your authorized facilities
performed.
(2) Engine/equipment repair work that an operator performed to
correct an unsafe, emergency condition attributable to you, as long as
the operator tries to restore the engine/equipment to its proper
configuration as soon as possible.
(3) Any action or inaction by the operator unrelated to the
warranty claim.
(4) Maintenance that was performed more frequently than you
specify.
(5) Anything that is your fault or responsibility.
(6) The use of any fuel that is commonly available where the
equipment operates, unless your written maintenance instructions state
that this fuel would harm the equipment's emission control system and
operators can readily find the proper fuel.
149. Section 1068.120 is revised to read as follows:
Sec. 1068.120 What requirements must I follow to rebuild engines?
(a) This section describes the steps to take when rebuilding
engines to avoid violating the tampering prohibition in Sec.
1068.101(b)(1). These requirements apply to anyone rebuilding an engine
subject to this part, but the recordkeeping requirements in paragraphs
(j) and (k) of this section apply only to businesses. For maintenance
or service that is not rebuilding, including any maintenance related to
evaporative emission controls, you may not make changes that might
increase emissions of any pollutant, but you do not need to keep any
records.
(b) The term ``rebuilding'' refers to a rebuild of an engine or
engine system, including a major overhaul in which you replace the
engine's pistons or power assemblies or make other changes that
significantly increase the service life of the engine. It also includes
replacing or rebuilding an engine's turbocharger or aftercooler or the
engine's systems for fuel metering or electronic control so that it
significantly increases the service life of the engine. For these
provisions, rebuilding may or may not involve removing the engine from
the equipment. Rebuilding does not normally include the following:
(1) Scheduled emission-related maintenance that the standard-
setting part allows during the useful life period (such as replacing
fuel injectors).
(2) Unscheduled maintenance that occurs commonly within the useful
life period. For example, replacing a water pump is not rebuilding an
engine.
(c) [Reserved]
(d) If you rebuild an engine or engine system, you must have a
reasonable technical basis for knowing that the rebuilt engine's
emission control system performs as well as, or better than, it
performs in its certified configuration. Identify the model year of the
resulting engine configuration. You have a reasonable basis if you meet
two main conditions:
[[Page 28376]]
(1) Install parts--new, used, or rebuilt--so a person familiar with
engine design and function would reasonably believe that the engine
with those parts will control emissions of all pollutants at least to
the same degree as with the original parts. For example, it would be
reasonable to believe that parts performing the same function as the
original parts (and to the same degree) would control emissions to the
same degree as the original parts.
(2) Adjust parameters or change design elements only according to
the original engine manufacturer's instructions. Or, if you differ from
these instructions, you must have data or some other technical basis to
show you should not expect in-use emissions to increase.
(e) If the rebuilt engine remains installed or is reinstalled in
the same piece of equipment, you must rebuild it to the original
configuration or another certified configuration of the same or later
model year.
(f) If the rebuilt engine replaces another certified engine in a
piece of equipment, you must rebuild it to a certified configuration of
the same model year as, or a later model year than, the engine you are
replacing.
(g) Do not erase or reset emission-related codes or signals from
onboard monitoring systems without diagnosing and responding
appropriately to any diagnostic codes. This requirement applies
regardless of the manufacturer's reason for installing the monitoring
system and regardless of its form or interface. Clear any codes from
diagnostic systems when you return the rebuilt engine to service. Do
not disable a diagnostic signal without addressing its cause.
(h) When you rebuild an engine, check, clean, adjust, repair, or
replace all emission-related components (listed in Appendix I of this
part) as needed according to the original manufacturer's recommended
practice. In particular, replace oxygen sensors, replace the catalyst
if there is evidence of malfunction, clean gaseous fuel-system
components, and replace fuel injectors (if applicable), unless you have
a reasonable technical basis for believing any of these components do
not need replacement.
(i) If you are installing an engine that someone else has rebuilt,
check all emission-related components listed in Appendix I of this part
as needed according to the original manufacturer's recommended practice.
(j) Keep at least the following records:
(1) Identify the hours of operation (or mileage, as appropriate) at
time of rebuild.
(2) Identify the work done on the engine or any emission-related
control components, including a listing of parts and components you used.
(3) Describe any engine parameter adjustments.
(4) Identify any emission-related codes or signals you responded to
and reset.
(k) You must show us or send us your records if we ask for them.
Keep records for at least two years after rebuilding an engine. Keep
them in any format that allows us to readily review them.
(1) You do not need to keep information that is not reasonably
available through normal business practices. We do not expect you to
have information that you cannot reasonably access.
(2) You do not need to keep records of what other companies do.
(3) You may keep records based on families rather than individual
engines if that is the way you normally do business.
Subpart C--[Amended]
150. Section 1068.201 is revised to read as follows:
Sec. 1068.201 Does EPA exempt or exclude any engines/equipment from
the prohibited acts?
We may exempt new engines/equipment from some or all of the
prohibited acts or requirements of this part under provisions described
in this subpart. We may exempt engines/equipment already placed in
service in the United States from the prohibition in Sec.
1068.101(b)(1) if the exemption for engines/equipment used solely for
competition applies (see Sec. 1068.235). In addition, see Sec. 1068.1
and the standard-setting parts to determine if other engines/equipment
are excluded from some or all of the regulations in this chapter.
(a) This subpart identifies which engines/equipment qualify for
exemptions and what information we need. We may ask for more
information.
(b) If you violate any of the terms, conditions, instructions, or
requirements to qualify for an exemption, we may void, revoke, or
suspend the exemption.
(c) If you use an exemption under this subpart, we may require you
to add a permanent label to your exempted engines/equipment. You may
ask us to modify these labeling requirements if it is appropriate for
your engine/equipment.
(d) If you produce engines/equipment we exempt under this subpart,
we may require you to make and keep records, perform tests, make
reports and provide information as needed to reasonably evaluate the
validity of the exemption.
(e) If you own or operate engines/equipment we exempt under this
subpart, we may require you to provide information as needed to
reasonably evaluate the validity of the exemption.
(f) Subpart D of this part describes how we apply these exemptions
to engines/equipment you import (or intend to import).
(g) If you want to ask for an exemption or need more information,
write to the Designated Officer.
(h) You may ask us to modify the administrative requirements for
the exemptions described in this subpart. We may approve your request
if we determine that such approval is consistent with the intent of
this part. For example, waivable administrative requirements might
include some reporting requirements, but would not include any
eligibility requirements or use restrictions.
(i) If you want to take an action with respect to an exempted or
excluded engine/equipment that is prohibited by the exemption or
exclusion, such as selling it, you need to certify the engine/
equipment. 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
engines/equipment as needed to make it identical to engines/equipment
already covered by a certificate. We would base such an approval on our
review of any appropriate documentation. These engines/equipment must
have emission control information labels that accurately describe their
status.
151. Section 1068.210 is revised to read as follows:
Sec. 1068.210 What are the provisions for exempting test engines/equipment?
(a) We may exempt engines/equipment that are not exempted under
other sections of this part that you will use for research,
investigations, studies, demonstrations, or training.
(b) Anyone may ask for a testing exemption.
(c) If you are a certificate holder, you may request an exemption
for engines/equipment you intend to include in test programs over a
two-year period.
(1) In your request, tell us the maximum number of engines/
equipment involved and describe how you will make sure exempted
engines/equipment are used only for this testing.
(2) Give us the information described in paragraph (d) of this
section if we ask for it.
[[Page 28377]]
(d) If you are not a certificate holder do all of the following:
(1) Show that the proposed test program has a valid purpose under
paragraph (a) of this section.
(2) Show you need an exemption to achieve the purpose of the test
program (time constraints may be a basis for needing an exemption, but
the cost of certification alone is not).
(3) Estimate the duration of the proposed test program and the
number of engines/equipment involved.
(4) Allow us to monitor the testing.
(5) Describe how you will ensure that you stay within this
exemption's purposes. Address at least the following things:
(i) The technical nature of the test.
(ii) The test site.
(iii) The duration and accumulated engine/equipment operation
associated with the test.
(iv) Ownership and control of the engines/equipment involved in the
test.
(v) The intended final disposition of the engines/equipment.
(vi) How you will identify, record, and make available the engine/
equipment identification numbers.
(vii) The means or procedure for recording test results.
(e) If we approve your request for a testing exemption, we will
send you a letter or a memorandum for your signature describing the
basis and scope of the exemption. The exemption does not take effect
until we receive the signed letter or memorandum from you. It will also
include any necessary terms and conditions, which normally require you
to do the following:
(1) Stay within the scope of the exemption.
(2) Create and maintain adequate records that we may inspect.
(3) Add a permanent, legible label, written in English, to a
readily visible part of all exempted engines/equipment. This label must
include at least the following items:
(i) The label heading ``EMISSION CONTROL INFORMATION''.
(ii) Your corporate name and trademark.
(iii) Engine displacement, family identification, and model year of
the engine/equipment (as applicable); or whom to contact for further
information.
(iv) One of these statements (as applicable)
(A) ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.210 OR 1068.215 FROM
EMISSION STANDARDS AND RELATED REQUIREMENTS.''.
(B) ``THIS EQUIPMENT IS EXEMPT UNDER 40 CFR 1068.210 OR 1068.215
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.
(4) Tell us when the test program is finished.
(5) Tell us the final disposition of the engines/equipment.
(6) Send us a written confirmation that you meet the terms and
conditions of this exemption.
152. Section 1068.215 is revised to read as follows:
Sec. 1068.215 What are the provisions for exempting manufacturer-
owned engines/equipment?
(a) You are eligible for the exemption for manufacturer-owned
engines/equipment only if you are a certificate holder.
(b) Engines/equipment may be exempt without a request if they are
nonconforming engines/equipment under your ownership and control and
you operate them to develop products, assess production methods, or
promote your engines/equipment in the marketplace. You may not loan,
lease, sell, or use the engine/equipment to generate revenue, either by
itself or for an engine installed in a piece of equipment.
(c) To use this exemption, you must do three things:
(1) Establish, maintain, and keep adequately organized and indexed
information on all exempted engines/equipment, including the engine/
equipment identification number, the use of the engine/equipment on
exempt status, and the final disposition of any engine/equipment
removed from exempt status.
(2) Let us access these records, as described in Sec. 1068.20.
(3) Add a permanent, legible label, written in English, to a
readily visible part of all exempted engines/equipment. This label must
include at least the following items:
(i) The label heading ``EMISSION CONTROL INFORMATION''.
(ii) Your corporate name and trademark.
(iii) Engine displacement, family identification, and model year of
the engine/equipment (as applicable); or whom to contact for further
information.
(iv) One of these statements (as applicable)
(A) ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.210 OR 1068.215 FROM
EMISSION STANDARDS AND RELATED REQUIREMENTS.''.
(B) ``THIS EQUIPMENT IS EXEMPT UNDER 40 CFR 1068.210 OR 1068.215
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.
153. Section 1068.220 is revised to read as follows:
Sec. 1068.220 What are the provisions for exempting display engines/
equipment?
(a) Anyone may request an exemption for display engines/equipment.
(b) Nonconforming display engines/equipment will be exempted if
they are used only for displays in the interest of a business or the
general public. This exemption does not apply to engines/equipment
displayed for private use, private collections, or any other purpose we
determine is inappropriate for a display exemption.
(c) You may operate the exempted engine/equipment, but only if we
approve specific operation that is part of the display.
(d) You may sell or lease the exempted engine/equipment only with
our advance approval; you may not use it to generate revenue.
(e) To use this exemption, you must add a permanent, legible label,
written in English, to a readily visible part of all exempted engines/
equipment. This label must include at least the following items:
(1) The label heading ``EMISSION CONTROL INFORMATION''.
(2) Your corporate name and trademark.
(3) Engine displacement, family identification, and model year of
the engine/equipment, (as applicable) or whom to contact for further
information.
(4) One of these statements (as applicable):
(i) ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.220 FROM EMISSION
STANDARDS AND RELATED REQUIREMENTS.''.
(ii) ``THIS EQUIPMENT IS EXEMPT UNDER 40 CFR 1068.220 FROM EMISSION
STANDARDS AND RELATED REQUIREMENTS.''.
(f) We may set other conditions for approval of this exemption.
154. Section 1068.225 is revised to read as follows:
Sec. 1068.225 What are the provisions for exempting engines/equipment
for national security?
(a) You are eligible for the exemption for national security only
if you are a manufacturer.
(b) Your engine/equipment is exempt without a request if it will be
used or owned by an agency of the federal government responsible for
national defense, where the equipment has armor, permanently attached
weaponry, or other substantial features typical of military combat.
(c) You may request a national security exemption for engines/
equipment not meeting the conditions of paragraph (b) of this section,
as long as your request is endorsed by an
[[Page 28378]]
agency of the federal government responsible for national defense. In
your request, explain why you need the exemption.
(d) Add a legible label, written in English, to all engines/
equipment exempted under this section. The label must be permanently
secured to a readily visible part of the engine/equipment needed for
normal operation and not normally requiring replacement, such as the
engine block. This label must include at least the following items:
(1) The label heading ``EMISSION CONTROL INFORMATION''.
(2) Your corporate name and trademark.
(3) Engine displacement, family identification, and model year of
the engine/equipment, (as applicable), or whom to contact for further
information.
(4) One of these statements (as applicable):
(i) ``THIS ENGINE HAS AN EXEMPTION FOR NATIONAL SECURITY UNDER 40
CFR 1068.225.''.
(ii) ``THIS EQUIPMENT HAS AN EXEMPTION FOR NATIONAL SECURITY UNDER
40 CFR 1068.225.''.
155. Section 1068.230 is revised to read as follows:
Sec. 1068.230 What are the provisions for exempting engines/equipment
for export?
(a) If you export a new engine or new piece of equipment to a
country with emission standards identical to ours, we will not exempt
it. These engines/equipment must comply with our certification
requirements.
(b) If you export engines/equipment to a country with different
emission standards or no emission standards, they are exempt from the
prohibited acts in this part without a request. If you produce exempt
engines/equipment for export and any are sold or offered for sale to
someone in the United States (except for export), we will void the
exemption.
(c) Label all exempted engines/equipment and shipping containers
with a label or tag showing the engines/equipment are not certified for
sale or use in the United States. These labels need not be permanently
attached to the engines/equipment. The label must include at least one
of these statements (as applicable):
(1) ``THIS ENGINE IS SOLELY FOR EXPORT AND IS THEREFORE EXEMPT
UNDER 40 CFR 1068.230 FROM U.S. EMISSION STANDARDS AND RELATED
REQUIREMENTS.''.
(2) ``THIS EQUIPMENT IS SOLELY FOR EXPORT AND IS THEREFORE EXEMPT
UNDER 40 CFR 1068.230 FROM U.S. EMISSION STANDARDS AND RELATED
REQUIREMENTS.''.
156. Section 1068.235 is revised to read as follows:
Sec. 1068.235 What are the provisions for exempting engines/equipment
used solely for competition?
(a) New engines/equipment you produce that are used solely for
competition are generally excluded from emission standards. See the
standard-setting parts for specific provisions where applicable.
(b) If you modify any engines/equipment after they have been placed
into service in the United States so they will be used solely for
competition, they are exempt without request. This exemption applies
only to the prohibition in Sec. 1068.101(b)(1) and is valid only as
long as the engine/equipment is used solely for competition.
(c) If you modify any engines/equipment under paragraph (b) of this
section, you must destroy the original emission labels. If you loan,
lease, sell, or give any of these engines/equipment to someone else,
you must tell the new owner (or operator, if applicable) in writing
that they may be used only for competition.
157. Section 1068.240 is amended by revising paragraphs (a),
(b)(2), (b)(5), and (e) and adding paragraph (f) to read as follows:
Sec. 1068.240 What are the provisions for exempting new replacement
engines?
(a) You are eligible for the exemption for new replacement engines
only if you are a certificate holder. Note that this exemption does not
apply for locomotives (40 CFR 1033.601) and that unique provisions
apply to marine compression-ignition engines (40 CFR 1042.615).
(b) * * *
(2) The engine being replaced was not originally subject to
emission standards, or was originally subject to less stringent
emission standards than those that would otherwise apply to the new engine.
* * * * *
(5) You make the replacement engine in a configuration identical in
all material respects to the engine being replaced (or that of another
certified engine of the same or later model year) and meet all the
requirements of Sec. 1068.265. This requirement applies only if the
old engine was subject to emission standards less stringent than those
in effect when you produce the replacement engine.
* * * * *
(e) Replacement engines exempted under this section may not
generate or use emission credits under the standard-setting part, nor
be part of any associated credit calculations.
(f) The provisions of this section may not be used to circumvent
emission standards that apply to new engines under the standard-setting
part.
158. Section 1068.245 is amended by revising paragraphs (a) and (f)
to read as follows:
Sec. 1068.245 What temporary provisions address hardship due to
unusual circumstances?
(a) After considering the circumstances, we may permit you to
introduce into U.S. commerce engines/equipment that do not comply with
emission-related requirements for a limited time if all the following
conditions apply:
(1) Unusual circumstances that are clearly outside your control and
that could not have been avoided with reasonable discretion prevent you
from meeting requirements from this chapter.
(2) You exercised prudent planning and were not able to avoid the
violation; you have taken all reasonable steps to minimize the extent
of the nonconformity.
(3) Not having the exemption will jeopardize the solvency of your
company.
(4) No other allowances are available under the regulations in this
chapter to avoid the impending violation, including the provisions of
Sec. 1068.250.
* * * * *
(f) Add a permanent, legible label, written in English, to a
readily visible part of all engines/equipment exempted under this
section. This label must include at least the following items:
(1) The label heading ``EMISSION CONTROL INFORMATION''.
(2) Your corporate name and trademark.
(3) Engine displacement (in liters), rated power, and model year of
the engine/equipment, (as applicable) or whom to contact for further
information.
(4) One of the following statements:
(i) If the engine/equipment does not meet any emission standards:
(A) ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.245 FROM EMISSION
STANDARDS AND RELATED REQUIREMENTS.''; or
(B) ``THIS EQUIPMENT IS EXEMPT UNDER 40 CFR 1068.245 FROM EMISSION
STANDARDS AND RELATED REQUIREMENTS.''.
(ii) If the engines/equipment meet alternate emission standards as
a condition of an exemption under this section, we may specify a
different statement to identify the alternate emission standards.
159. Section 1068.250 is amended by revising the section heading and
[[Page 28379]]
paragraphs (b), (c)(1)(i), (d)(5), (j), and (k) to read as follows:
Sec. 1068.250 What are the provisions for extending compliance
deadlines for small businesses under hardship?
* * * * *
(b) To be eligible for this exemption, you must be a small business.
(c) * * *
(1) * * *
(i) In the case of importers of engines/equipment produced by other
companies, show that you attempted to find a manufacturer capable of
supplying complying products as soon as you became aware of the
applicable requirements, but were unable to do so.
* * * * *
(d) * * *
(5) Identify the level of compliance you can achieve. For example,
you may be able to produce engines/equipment that meet a somewhat less
stringent emission standard than the regulations in this chapter require.
* * * * *
(j) We may approve extensions of the compliance deadlines as
reasonable under the circumstances up to one model year at a time, and
up to three years total.
(k) Add a permanent, legible label, written in English, to a
readily visible part of all engines/equipment exempted under this
section. This label must include at least the following items:
(1) The label heading ``EMISSION CONTROL INFORMATION''.
(2) Your corporate name and trademark.
(3) Engine displacement (in liters), rated power, and model year of
the engine/equipment or whom to contact for further information.
(4) One of the following statements:
(i) If the engine/equipment does not meet any emission standards:
(A) ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.250 FROM EMISSION
STANDARDS AND RELATED REQUIREMENTS.'', or
(B) ``THIS EQUIPMENT IS EXEMPT UNDER 40 CFR 1068.250 FROM EMISSION
STANDARDS AND RELATED REQUIREMENTS.''.
(ii) If the engine/equipment meets alternate emission standards as
a condition of an exemption under this section, we may specify a
different statement to identify the alternate emission standards.
160. Section 1068.255 is revised to read as follows:
Sec. 1068.255 What are the provisions for exempting engines and fuel-
system components for hardship for equipment manufacturers and
secondary engine manufacturers?
This section describes how, in unusual circumstances, we may
approve an exemption to prevent hardship to an equipment manufacturer
or a secondary engine manufacturer. This section does not apply to
products that are subject to equipment-based exhaust emission
standards.
(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 or fuel-system components you need for your own equipment or
if complying engines or fuel-system components are available from other
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 products 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:
(1) The number of engines or fuel-system components involved.
(2) The size of your company and your ability to endure the hardship.
(3) The amount of time you had to redesign your equipment to
accommodate complying products.
(4) Whether there was any breach of contract by a supplier.
(5) The potential for market disruption.
(b) Engine and fuel-system component exemption. As an engine
manufacturer or fuel-system component manufacturer, you may produce
nonconforming products for the equipment we exempt in paragraph (a) of
this section. You do not have to request this exemption, but you must
have written assurance from equipment manufacturers that they need a
certain number of exempted products under this section. Label engines
or fuel-system components as follows:
(1) Engines. Add a permanent, legible label, written in English, to
a readily visible part of each exempted engine. This label must include
at least the following items:
(i) The label heading ``EMISSION CONTROL INFORMATION''.
(ii) Your corporate name and trademark.
(iii) Engine displacement (in liters), rated power, and model year
of the engine or whom to contact for further information.
(iv) If the engine does not meet any emission standards: ``THIS
ENGINE IS EXEMPT UNDER 40 CFR 1068.255 FROM EMISSION STANDARDS AND
RELATED REQUIREMENTS.''. If the engine meets alternate emission
standards as a condition of an exemption under this section, we may
specify a different statement to identify the alternate emission
standards.
(2) Fuel-system components. Add a permanent, legible label, written
in English, to a readily visible part of each fuel-system component
exempted under this section. This label must prominently include at
least the following items:
(i) Your corporate name and trademark.
(ii) The statement ``EXEMPT UNDER 40 CFR 1068.255.''.
(c) Secondary engine manufacturers. As a secondary engine
manufacturer, you may ask for approval to produce exempted engines
under this section for up to 12 months. We may require you to certify
your engines to compliance levels above the emission standards that
apply. For example, the in the case of multiple tiers of emission
standards, we may require you to meet the standards from the previous tier.
(1) The provisions in paragraph (a) of this section that apply to
equipment manufacturers requesting an exemption apply equally to you,
except that you may manufacture the engines. Before we approve an
exemption under this section, we will generally require that you commit
to a plan to make up the lost environmental benefit.
(i) If you produce uncertified engines under this exemption, we
will calculate the lost environmental benefit based on our best
estimate of uncontrolled emission rates for your engines.
(ii) If you produce engines under this exemption that are certified
to a compliance level less stringent than the emission standards that
would otherwise apply, we will calculate the lost environmental benefit
based on the compliance level you select for your engines.
(2) The labeling requirements in paragraph (b) of this section
apply to your exempted engines; however, if you certify engines to
specific compliance
[[Page 28380]]
levels, state on the label the compliance levels that apply to each engine.
161. Section 1068.260 is revised to read as follows:
Sec. 1068.260 What provisions apply for selling or shipping certified
engines that are not yet in the certified configuration?
The provisions of Sec. 1068.101(a)(1) generally require that all
new engines be in their certified configuration before being introduced
into U.S. commerce. All emission-related components generally need to
be installed on an engine for such an engine to be in its certified
configuration. This section specifies exceptions to these requirements
for engines. This section does not apply to equipment subject to
equipment-based standards. (Note: See Sec. 1068.262 for provisions
related to manufacturers introducing into U.S. commerce partially complete
engines for which someone else holds the certificate of conformity.)
(a) Shipping an engine separately from an aftertreatment component
that you have specified as part of its certified configuration will not
be a violation of the prohibitions in Sec. 1068.101(a)(1) if you
follow the provisions of paragraph (b) or (c) of this section. Note
that the standard-setting parts allows this exemption for delegated
final assembly only for the following engines:
(1) Stationary compression-ignition engines (see 40 CFR part 60,
subpart IIII).
(2) Stationary spark-ignition engines (see 40 CFR part 60, subpart JJJJ).
(3) Land-based nonroad compression-ignition engines (see 40 CFR
part 1039).
(4) Marine spark-ignition engines (see 40 CFR part 1045).
(5) Marine compression-ignition engines (see 40 CFR part 1042).
(6) Large nonroad spark-ignition engines (see 40 CFR part 1048).
(b) If you do not manufacture the equipment in which the engine
will be installed, you must meet all the following conditions to ship
engines without aftertreatment components specified in your application
for certification:
(1) Apply for and receive a certificate of conformity for the
engine and its emission control system before shipment.
(2) Provide installation instructions in enough detail to ensure
that the engine will be in its certified configuration if someone
follows these instructions.
(3) Have a contractual agreement with each equipment manufacturer
obligating the equipment manufacturer to complete the final assembly of
the engine so it is in its certified configuration when installed in
the equipment. This agreement must also obligate the equipment
manufacturer to provide the affidavits and cooperate with the audits
required under paragraph (b)(6) of this section.
(4) Include the cost of all aftertreatment components in the cost
of the engine. For purposes of importation, you may itemize your
invoice to separately identify the cost of aftertreatment components
that will be shipped separately. A copy of your invoice from the
aftertreatment manufacturer may be needed to avoid payment of
importation duties that include the value of aftertreatment components.
(5) Ship the aftertreatment components directly to the equipment
manufacturer, or arrange for separate shipment by the component
manufacturer to the equipment manufacturer.
(6) Take appropriate additional steps to ensure that all engines
will be in their certified configuration when installed by the
equipment manufacturer. At a minimum do the following:
(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.
(ii) If you sell engines to 16 or more equipment manufacturers
under the provisions of this section, you must annually audit four
equipment manufacturers to whom you sell engines under this section. To
select individual equipment manufacturers, divide all the affected
equipment manufacturers into quartiles based on the number of engines
they buy from you; select a single equipment manufacturer from each
quartile each model year. Vary the equipment manufacturers you audit
from year to year, though you may repeat an audit in a later model year
if you find or suspect that a particular equipment manufacturer is not
properly installing aftertreatment devices. If you sell engines to
fewer than 16 equipment manufacturers under the provisions of this
section, you may instead set up a plan to audit each equipment
manufacturer on average once every four model years. Audits must
involve the assembling companies' facilities, procedures, and
production records to monitor their compliance with your instructions,
must include investigation of some assembled engines, and must confirm
that the number of aftertreatment devices shipped were sufficient for
the number of engines produced. You must keep records of these audits
for five years after the end of the model year and provide a report to
us describing any uninstalled or improperly installed aftertreatment
components. Send us these reports within 90 days of the audit, except
as specified in paragraph (e) of this section.
(iii) If you sell engines to fewer than 16 equipment manufacturers
under the provisions of this section, you must conduct audits as
described in paragraph (b)(6)(ii) of this section or propose an
alternative plan for ensuring that equipment manufacturers properly
install aftertreatment devices.
(7) Describe the following things in your application for
certification:
(i) How you plan to use the provisions of this section.
(ii) A detailed plan for auditing equipment manufacturers, as
described in paragraph (b)(6) of this section.
(iii) All other steps you plan to take under paragraph (b)(6) of
this section.
(8) Keep records to document how many engines you produce under
this exemption. Also, keep records to document your contractual
agreements under paragraph (b)(3) of this section. Keep all these
records for five years after the end of the model year and make them
available to us upon request.
(9) Make sure the engine has the emission control information label
we require under the standard-setting part. Apply an additional
temporary label or tag in a way that makes it unlikely that the engine
will be installed in equipment other than in its certified
configuration. The label or tag must identify the engine as incomplete
and include a clear statement that failing to install the
aftertreatment device, or otherwise bring the engine into its certified
configuration, is a violation of federal law subject to civil penalty.
(10) You must keep a supply of aftertreatment devices available at
your production facility so you can test production-line engines as
specified in the standard-setting part or in subpart E of this part.
Use a new catalyst with each tested engine, following the specified
procedures for stabilizing emission levels. Keep records showing how
you randomly selected these catalysts, consistent with applicable
requirements.
(c) If you manufacture engines and install them in equipment you
also produce, you must take steps to ensure that your facilities,
procedures, and production records are set up to ensure that equipment
and engines are assembled in their proper certified configurations. You
may demonstrate
[[Page 28381]]
compliance with this requirement by maintaining a database showing how
you pair aftertreatment components with the appropriate engines.
(d) Once the equipment manufacturer takes possession of an engine
exempted under this section and the engine reaches the point of final
equipment assembly, the exemption expires and the engine is subject to
all the prohibitions in Sec. 1068.101.
(e) You must notify us within 15 days if you find from an audit or
another source that an equipment manufacturer has failed to meet its
obligations under this section.
(f) We may suspend, revoke, or void an exemption under this
section, as follows:
(1) We may suspend or revoke your exemption for the entire family
if we determine that any of the engines are not in their certified
configuration after installation in the equipment, or if you fail to
comply with the requirements of this section. If we suspend or revoke
the exemption for any of your families under this paragraph (f), this
exemption will not apply for future certificates unless you demonstrate
that the factors causing the nonconformity do not apply to the other
families. We may suspend or revoke the exemption for shipments to a
single facility where final assembly occurs.
(2) We may void your exemption for the entire family if you
intentionally submit false or incomplete information or fail to keep
and provide to EPA the records required by this section. We may
suspend, revoke, or void an exemption under this section, as follows:
(g) You are liable for the in-use compliance of any engine that is
exempt under this section.
(h) It is a violation of the Act for any person to introduce into
U.S. commerce a previously exempted engine, including as part of a
piece of equipment, without complying fully with the installation
instructions.
(i) [Reserved]
(j) In certain circumstances you may ship engines with emission-
related components that are not yet assembled to the engine. This
allowance is limited to situations where the final assembly depends on
equipment design parameters and we determine that shipment of the fully
assembled engine is impractical. For example, you may generally ship
aftertreatment devices along with engines rather than installing them
on the engine before shipment. You do not need an exemption to ship an
engine under this paragraph (j).
(k) You do not need an exemption to ship engines without specific
components if they are not emission-related components identified in
Appendix I of this part. For example, you may generally ship engines
without radiators needed to cool the engine. You may ask us at the time
of certification to allow you to ship your engines without other
equipment-related components (such as a vehicle speed sensor) that are
described in your application for certification. If we allow it, we may
specify conditions that we determine are needed to ensure that shipping
the engine without such components will not result in the engine being
operated outside of its certified configuration.
(l) You may ask us to provide a temporary exemption to allow you to
complete production of your engines at different facilities, as long as
you maintain control of the engines until they are in their certified
configuration. We may require you to take specific steps to ensure that
such engines are in their certified configuration before reaching the
ultimate purchaser. You may request an exemption under this paragraph
(l) in your application for certification, or in a separate submission
to the Designated Compliance Officer.
162. A new Sec. 1068.262 is added to read as follows:
Sec. 1068.262 What are the provisions for temporarily exempting
engines for shipment to secondary engine manufacturers?
Except as specified in paragraph (f) of this section, all new
engines in the United States are presumed to be subject to the
prohibitions of Sec. 1068.101. This section specifies when
manufacturers may introduce into U.S. commerce partially complete
engines that have a certificate of conformity held by a secondary
engine manufacturer and are not yet in their certified configuration.
(Note: See Sec. 1068.260 for provisions related to manufacturers
introducing into U.S. commerce partially complete engines for which
they hold the certificate of conformity.) This exemption is temporary,
as described in paragraph (e) of this section.
(a) Manufacturers may introduce into U.S. commerce partially
complete engines as described in this section if they have a written
request for such engines from a secondary manufacturer that has
certified the engine and will finish the engine assembly. The original
engine manufacturer must apply a temporary label to each engine to make
clear that the engine is not yet in its certified configuration. The
temporary label must include the corporate names of both the original
and certifying manufacturers and the engine family name for the engine.
The original engine manufacturer may not apply a permanent emission
control information label identifying the engine's eventual
certification status.
(b) The provisions of this section apply only where the secondary
engine manufacturer has substantial control over the design and
assembly of emission controls. In determining whether a manufacturer
has substantial control over the design and assembly of emission
controls, we would consider the degree to which the secondary
manufacturer would be able to ensure that the engine will conform to
the regulations in its final configuration. Such secondary
manufacturers may finish assembly of partially complete engines in the
following cases:
(1) You obtain an engine that is not fully assembled, with the
intent to manufacture a complete engine.
(2) You obtain an engine with the intent to modify it before it
reaches the ultimate purchaser.
(3) You obtain an engine with the intent to install it in equipment
that will be subject to equipment-based standards.
(c) The manufacturer that will hold the certificate must include
the following information in its application for certification:
(1) Identify the original engine manufacturer of the partially
complete engine or of the complete engine you will modify.
(2) Describe briefly how and where final assembly will be
completed. Specify how you have the ability to ensure that the engines
will conform to the regulations in their final configuration. (Note:
Paragraph (b) of this section prohibits using the provisions of this
section unless you have substantial control over the design and
assembly of emission controls.)
(3) State unconditionally that the engines will comply with all
applicable regulations in their final configuration.
(d) [Reserved]
(e) These provisions are intended only to allow you to obtain
engines in the specific circumstances identified in this section, so
any exemption under this section expires when you complete the assembly
of the engine/equipment in its final configuration.
(f) Reduced-scale hobby engines are not presumed to be engines
subject to the prohibitions of Sec. 1068.101. Hobby engines are
compression-ignition engines with a per-cylinder displacement of less
than 50 cubic centimeters or spark-ignition engines installed in
reduced-scale models of vehicles that are not capable of transporting a
person. Other engines
[[Page 28382]]
that do not have a valid certificate of conformity or exemption when
introduced into U.S. commerce are presumed to be engines subject to the
prohibitions of Sec. 1068.101 unless we determine that such engines
are excluded from the prohibitions of Sec. 1068.101.
(g) For purposes of this section, an allowance to introduce engines
into U.S. commerce includes a conditional allowance to sell, introduce,
or deliver such partially complete engines into commerce in the United
States or import them into the United States. It does not include a
general allowance to offer such partially complete engines for sale
because this exemption is intended to apply only for cases in which the
certificate holder already has an arrangement to purchase the engines
from the original engine manufacturer. This exemption does not allow
the original engine manufacturer to subsequently offer the engines for
sale to a different manufacturer who will hold the certificate unless
that second manufacturer has also complied with the requirements of
this part.
(h) No exemption is needed to import equipment that does not
include an engine. No exemption is available under this section for
equipment subject to equipment-based standards if the engine has been
installed.
163. Section 1068.265 is revised to read as follows:
Sec. 1068.265 What provisions apply to engines/equipment that are
conditionally exempted from certification?
Engines produced under an exemption for replacement engines (Sec.
1068.240) or engines/equipment produced under an exemption 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/equipment from all
certification requirements, or allow us to exempt engines/equipment
from all certification requirements for certain cases, but require the
engines/equipment to meet alternate standards. In these cases, all the
following provisions apply:
(a) Your engines/equipment must meet the alternate standards we
specify in (or pursuant to) the exemption section, and all other
requirements applicable to engines/equipment that are subject to such
standards.
(b) You need not apply for and receive a certificate for the exempt
engines/equipment. However, you must comply with all the requirements
and obligations that would apply to the engines/equipment 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/equipment using
the appropriate procedures that demonstrate compliance with the
alternate standards, unless the engines/equipment are identical in all
material respects to engines/equipment 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 the standard-setting
part, you must meet the labeling requirements in the standard-setting
part, with the following exceptions:
(1) Modify the family designation by eliminating the character that
identifies the model year.
(2) See the provisions of the applicable exemption for appropriate
language to replace the compliance statement otherwise required in the
standard-setting part.
(e) You may not generate emission credits for averaging, banking,
or trading with engines/equipment 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/equipment are identical to previously
certified engines/equipment, keep your most recent application for
certification for the certified family.
(2) If you previously certified a similar family, but have modified
the exempted engines/equipment in a way that changes them from their
previously certified configuration, keep your most recent application
for certification for the certified 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 family, keep all
the records we specify for the application for certification and any
additional records the standard-setting part requires you to keep.
(g) We may require you to send us an annual report of the engines/
equipment you produce under this section.
Subpart D--Amended]
164. Section 1068.301 is revised to read as follows:
Sec. 1068.301 What general provisions apply?
(a) This subpart applies to you if you import into the United
States engines or equipment subject to our emission standards or
equipment containing engines subject to our emission standards.
(b) In general, engines/equipment that you import must be covered
by a certificate of conformity unless they were built before emission
standards started to apply. This subpart describes the limited cases
where we allow importation of exempt or excluded engines/equipment. For
equipment not subject to equipment-based exhaust emission standards, an
exemption of the engine allows you to import the equipment.
(c) The U.S. Customs Service may prevent you from importing engines
or equipment if you do not meet the requirements of this subpart. In
addition, U.S. Customs Service regulations may contain other
requirements for engines/equipment imported into the United States (see
19 CFR Chapter I).
(d) Complete the appropriate EPA declaration form before importing
any engines or equipment. These forms are available on the Internet at
http://www.epa.gov/otaq/imports or by phone at 734-214-4100. Importers
must keep the forms for five years and make them available promptly
upon request.
165. Section 1068.305 is revised to read as follows:
Sec. 1068.305 How do I get an exemption or exclusion for imported
engines/equipment?
(a) You must meet the requirements of the specific exemption or
exclusion you intend to use and complete the appropriate declaration
form described in Sec. 1068.301(d).
(b) If we ask for it, prepare a written request in which you do the
following:
(1) Give your name, address, telephone number, and taxpayer
identification number.
(2) Give the engine/equipment owner's name, address, telephone
number, and taxpayer identification number.
(3) Identify the make, model, identification number, and original
production year of all engines/equipment.
(4) Identify which exemption or exclusion in this subpart allows
you to import nonconforming engines/equipment and describe how your
engine/equipment qualifies.
(5) Tell us where you will keep your engines/equipment if you might
need to store them until we approve your request.
(6) Authorize us to inspect or test your engines/equipment as the
Act allows.
(c) We may ask for more information.
(d) You may import the nonconforming engines/equipment you identify
in your request if you get prior written approval from us. The U.S.
[[Page 28383]]
Customs Service may require you to show them the approval letter. We
may temporarily or permanently approve the exemptions or exclusions, as
described in this subpart.
(e) Meet the requirements specified for the appropriate exemption
in this part or the standard-setting part, including any labeling
requirements that apply.
166. Section 1068.310 is revised to read as follows:
Sec. 1068.310 What are the exclusions for imported engines/equipment?
If you show us that your engines/equipment qualify under one of the
paragraphs of this section, we will approve your request to import such
excluded engines/equipment. You must have our approval before importing
engines/equipment under paragraph (a) of this section. You may, but are
not required to request our approval to import the engines/equipment
under paragraph (b) or (c) of this section. The following engines/
equipment are excluded:
(a) Engines/equipment used solely for competition. Engines/
equipment that you demonstrate will be used solely for competition are
excluded from the restrictions on imports in Sec. 1068.301(b), but
only if they are properly labeled. See the standard-setting part for
provisions related to this demonstration. Section 1068.101(b)(4)
prohibits anyone from using these excluded engines/equipment for
purposes other than competition.
(b) Stationary engines. The definition of nonroad engine in Sec.
1068.30 does not include certain engines used in stationary
applications. Such engines (and equipment containing such engines) may
be subject to the standards of 40 CFR part 60. Engines that are
excluded from the definition of nonroad engine in this part and are not
required to be certified to standards under 40 CFR part 60 are not
subject to the restrictions on imports in Sec. 1068.301(b), but only
if they are properly labeled and there is clear and convincing evidence
that each engine will be used in a stationary application (see
paragraph (2)(iii) of the definition of ``Nonroad engine''). Section
1068.101 restricts the use of stationary engines for non-stationary
purposes, unless they are certified under 40 CFR part 60 to the same
standards that would apply to nonroad engines for the same model year.
(c) Other engines/equipment. The standard-setting parts may exclude
engines/equipment used in certain applications. For example, engines
used in aircraft and very small engines used in hobby vehicles are
generally excluded. Engines/equipment used in underground mining are
excluded if they are regulated by the Mine Safety and Health
Administration.
167. Section 1068.315 is revised to read as follows:
Sec. 1068.315 What are the permanent exemptions for imported engines/
equipment?
We may approve a permanent exemption from the restrictions on
imports under Sec. 1068.301(b) under the following conditions:
(a) National security exemption. You may import an engine or piece
of equipment under the national security exemption in Sec. 1068.225,
but only if it is properly labeled.
(b) Manufacturer-owned engine/equipment exemption. You may import
manufacturer-owned engines/equipment, as described in Sec. 1068.215.
(c) Replacement engine exemption. You may import a nonconforming
replacement engine as described in Sec. 1068.240. To use this
exemption, you must be a certificate holder for a family we regulate
under the same part as the replacement engine.
(d) Extraordinary circumstances exemption. You may import a
nonconforming engine or piece of equipment if we grant hardship relief
as described in Sec. 1068.245.
(e) Small-volume manufacturer exemption. You may import a
nonconforming engine or piece of equipment if we grant hardship relief
for a small-volume manufacturer, as described in Sec. 1068.250.
(f) Equipment-manufacturer hardship exemption. You may import a
nonconforming engine if we grant an exemption for the transition to new
or revised emission standards, as described in Sec. 1068.255.
(g) [Reserved]
(h) Identical configuration exemption. Unless specified otherwise
in the standard-setting part, you may import nonconforming engines/
equipment if they are identical to certified engines/equipment produced
by the same manufacturer, subject to the following provisions:
(1) You must meet all the following criteria:
(i) You have owned the engines/equipment for at least six months.
(ii) You agree not to sell, lease, donate, trade, or otherwise
transfer ownership of the engines/equipment for at least five years.
During this period, the only acceptable way to dispose of the engines/
equipment is to destroy or export them.
(iii) You use data or evidence sufficient to show that the engines/
equipment are in a configuration that is identical to engines/equipment
the original manufacturer has certified to meet emission standards that
apply at the time the manufacturer finished assembling or modifying the
engines/equipment in question. If you modify the engines/equipment to
make them identical, you must completely follow the original
manufacturer's written instructions.
(2) We will tell you in writing if we find the information
insufficient to show that the engines/equipment are eligible for this
exemption. In this case, we will not consider your request further
until you address our concerns.
(i) Ancient engine/equipment exemption. If you are not the original
engine/equipment manufacturer, you may import nonconforming engines/
equipment that are subject to a standard-setting part and were first
manufactured at least 21 years earlier, as long as they are still in
their original configurations.
168. Section 1068.320 is revised to read as follows:
Sec. 1068.320 How must I label imported engines/equipment with an
exclusion or a permanent exemption?
(a) For engines/equipment imported under Sec. 1068.310(a) or (b),
you must place a permanent label or tag on all engines/equipment. If no
specific label requirements in the standard-setting part apply for
these engines/equipment, you must meet the following requirements:
(1) Attach the label or tag in one piece so no one can remove it
without destroying or defacing it.
(2) Make sure it is durable and readable for the engine/equipment's
entire life.
(3) Secure it to a part of the engine/equipment needed for normal
operation and not normally requiring replacement.
(4) Write it in English.
(5) For labels on the engine, make the labels readily visible to
the average person after the engine is installed in the equipment.
(b) On the engine/equipment label or tag, do the following:
(1) Include the heading ``EMISSION CONTROL INFORMATION''.
(2) Include your full corporate name and trademark.
(3) State the engine displacement (in liters) and rated power. If
the engine's rated power is not established, state the approximate
power rating accurately enough to allow a determination of which
standards would otherwise apply.
(4) State: ``THIS ENGINE IS EXEMPT FROM THE REQUIREMENTS OF
[[Page 28384]]
[identify the part referenced in Sec. 1068.1(a) that would otherwise
apply], AS PROVIDED IN [identify the paragraph authorizing the
exemption (for example, ``40 CFR 1068.315(a)'')]. INSTALLING THIS
ENGINE IN ANY DIFFERENT APPLICATION MAY BE A VIOLATION OF FEDERAL LAW
SUBJECT TO CIVIL PENALTY.''.
(c) Get us to approve alternate label language if it is more
accurate for your engine/equipment.
169. Section 1068.325 is revised to read as follows:
Sec. 1068.325 What are the temporary exemptions for imported engines/
equipment?
You may import engines/equipment under certain temporary
exemptions, subject to the conditions in this section. We may ask the
U.S. Customs Service to require a specific bond amount to make sure you
comply with the requirements of this subpart. You may not sell or lease
one of these engines/equipment while it is in the United States. You
must eventually export the engine/equipment as we describe in this
section unless you get a certificate of conformity for it or it
qualifies for one of the permanent exemptions in Sec. 1068.315.
Section 1068.330 specifies an additional temporary exemption allowing
you to import certain engines/equipment you intend to modify.
(a) Exemption for repairs or alterations. You may temporarily
import nonconforming engines/equipment under bond solely for repair or
alteration. You may operate the engine/equipment in the United States
only as necessary to repair it, alter it, or ship it to or from the
service location. Export the engine/equipment directly after servicing
is complete.
(b) Testing exemption. You may temporarily import nonconforming
engines/equipment under bond for testing if you follow the requirements
of Sec. 1068.210. You may operate the engines/equipment in the United
States only as needed to perform tests. This exemption expires one year
after you import the engine/equipment, unless we approve an extension.
The engine/equipment must be exported before the exemption expires.
(c) Display exemption. You may temporarily import nonconforming
engines/equipment under bond for display, as described in Sec.
1068.220. This exemption expires one year after you import the engine/
equipment, unless we approve your request for an extension. We may
approve an extension of up to one more year for each request, but no
more than three years in total. The engine/equipment must be exported
by the time the exemption expires or directly after the display
concludes, whichever comes first.
(d) Export exemption. You may temporarily import nonconforming
engines/equipment to export them, as described in Sec. 1068.230. You
may operate the engine/equipment in the United States only as needed to
prepare it for export. Label the engine/equipment as described in Sec.
1068.230.
(e) Diplomatic or military exemption. You may temporarily import
nonconforming engines/equipment without bond if you represent a foreign
government in a diplomatic or military capacity. In your request to the
Designated Officer (see Sec. 1068.305), include either written
confirmation from the U.S. State Department that you qualify for this
exemption or a copy of your orders for military duty in the United
States. We will rely on the State Department or your military orders to
determine when your diplomatic or military status expires, at which
time you must export your exempt engines/equipment.
(f) Delegated-assembly exemption. You may import a nonconforming
engine for final assembly under the provisions of Sec. 1068.260.
However, this does not include the staged-assembly provisions of Sec.
1068.260(j).
(g) Partially complete engine exemption. You may import an engine
if another company already has a certificate of conformity and will be
modifying the engine to be in its final, certified configuration under
the provisions of Sec. 1068.262.
Sec. 1068.330 [Removed]
170. Section 1068.330 is removed.
171. Section 1068.335 is revised to read as follows:
Sec. 1068.335 What are the penalties for violations?
(a) All imported engines/equipment. Unless you comply with the
provisions of this subpart, importation of nonconforming engines/
equipment violates sections 203 and 213(d) of the Act (42 U.S.C. 7522
and 7547(d)). You may then have to export the engines/equipment, or pay
civil penalties, or both. The U.S. Customs Service may seize unlawfully
imported engines and equipment.
(b) Temporarily imported engines/equipment. If you do not comply
with the provisions of this subpart for a temporary exemption under
Sec. 1068.325 or Sec. 1068.330, you may forfeit the total amount of
the bond in addition to the sanctions we identify in paragraph (a) of
this section. We will consider an engine or piece of equipment to be
exported if it has been destroyed or delivered to the U.S. Customs
Service for export or other disposition under applicable Customs laws
and regulations. EPA or the U.S. Customs Service may offer you a grace
period to allow you to export temporarily exempted engines/equipment
without penalty after the exemption expires.
Subpart E--[Amended]
172. Section 1068.401 is revised to read as follows:
Sec. 1068.401 What is a selective enforcement audit?
(a) We may conduct or require you to conduct emission tests on your
production engines/equipment in a selective enforcement audit. This
requirement is independent of any requirement for you to routinely test
production-line engines/equipment. For products subject to equipment-
based standards, but tested using engine-based test procedures, this
subpart applies to the engines and/or the equipment, as applicable.
Otherwise this subpart applies to engines for products subject to
engine-based standards and to equipment for products subject to
equipment-based standards.
(b) If we send you a signed test order, you must follow its
directions and the provisions of this subpart. We may tell you where to
test the engines/equipment. This may be where you produce the engines/
equipment or any other emission testing facility.
(c) If we select one or more of your families for a selective
enforcement audit, we will send the test order to the person who signed
the application for certification or we will deliver it in person.
(d) If we do not select a testing facility, notify the Designated
Officer within one working day of receiving the test order where you
will test your engines/equipment.
(e) You must do everything we require in the audit without delay.
173. Section 1068.405 is revised to read as follows:
Sec. 1068.405 What is in a test order?
(a) In the test order, we will specify the following things:
(1) The family and configuration (if any) we have identified for testing.
(2) The engine/equipment assembly plant, storage facility, or (if
you import the engines/equipment) port facility from which you must
select engines/equipment.
(3) The procedure for selecting engines/equipment for testing,
including a selection rate.
[[Page 28385]]
(4) The test procedures, duty cycles, and test points, as
appropriate, for testing the engines/equipment to show that they meet
emission standards.
(b) We may state that we will select the test engines/equipment.
(c) We may identify alternate families or configurations for
testing in case we determine the intended engines/equipment are not
available for testing or if you do not produce enough engines/equipment
to meet the minimum rate for selecting test engines/equipment.
(d) We may include other directions or information in the test
order.
(e) We may ask you to show us that you meet any additional
requirements that apply to your engines/equipment (closed crankcases,
for example).
(f) In anticipation of a potential audit, you may give us a list of
your preferred families and the corresponding assembly plants, storage
facilities, or (if you import the engines/equipment) port facilities
from which we should select engines/equipment for testing. The
information would apply only for a single model year, so it would be
best to include this information in your application for certification.
If you give us this list before we issue a test order, we will consider
your recommendations, but we may select engines/equipment differently.
(g) If you also do routine production-line testing with the
selected family in the same time period, the test order will tell you
what changes you might need to make in your production-line testing
schedule.
174. Section 1068.410 is revised to read as follows:
Sec. 1068.410 How must I select and prepare my engines/equipment?
(a) Selecting engines/equipment. Select engines/equipment as
described in the test order. If you are unable to select test engines/
equipment this way, you may ask us to approve an alternate plan, as
long as you make the request before you start selecting engines/
equipment.
(b) Assembling engines/equipment. Produce and assemble test
engines/equipment using your normal production and assembly process for
that family.
(1) Notify us directly if you make any change in your production,
assembly, or quality control processes that might affect emissions
between the time you receive the test order and the time you finish
selecting test engines/equipment.
(2) If you do not fully assemble engines/equipment at the specified
location, we will describe in the test order how to select components
to finish assembling the engines/equipment. Assemble these components
onto the test engines/equipment using your documented assembly and
quality control procedures.
(c) Modifying engines/equipment. Once an engine or piece of
equipment is selected for testing, you may adjust, repair, prepare, or
modify it or check its emissions only if one of the following is true:
(1) You document the need for doing so in your procedures for
assembling and inspecting all your production engines/equipment and
make the action routine for all the engines/equipment in the family.
(2) This subpart otherwise allows your action.
(3) We approve your action in advance.
(d) Engine/equipment malfunction. If an engine/equipment
malfunction prevents further emission testing, ask us to approve your
decision to either repair the engine or delete it from the test sequence.
(e) Setting adjustable parameters. Before any test, we may adjust
or require you to adjust any adjustable parameter to any setting within
its physically adjustable range.
(1) We may adjust or require you to adjust idle speed outside the
physically adjustable range as needed until the engine has stabilized
emission levels (see paragraph (f) of this section). We may ask you for
information needed to establish an alternate minimum idle speed.
(2) We may make or specify adjustments within the physically
adjustable range by considering their effect on emission levels, as
well as how likely it is someone will make such an adjustment with in-
use engines/equipment.
(f) Stabilizing emission levels. (1) Before you test production-
line engines/equipment for exhaust emission, you may operate the
engine/equipment to stabilize the exhaust emission levels. Using good
engineering judgment, operate your engines/equipment in a way that
represents the way production engines/equipment will be used. You may
operate each engine or piece of equipment for no more than the greater
of two periods:
(i) 50 hours.
(ii) The number of hours you operated your emission-data engine/
equipment for certifying the family (see 40 CFR part 1065, subpart E).
(2) Use good engineering judgment and follow the standard-setting
part to stabilize equipment for evaporative emissions, where appropriate.
(g) Damage during shipment. If shipping the engine/equipment to a
remote facility for testing under a selective enforcement audit makes
necessary an adjustment or repair, you must wait until after the
initial emission test to do this work. We may waive this requirement if
the test would be impossible or unsafe, or if it would permanently
damage the engine/equipment. Report to us, in your written report under
Sec. 1068.450, all adjustments or repairs you make on test engines/
equipment before each test.
(h) Shipping engines/equipment. If you need to ship engines/
equipment to another facility for testing, make sure the test engines/
equipment arrive at the test facility within 24 hours after being
selected. You may ask that we allow more time if you are unable to do this.
(i) Retesting after invalid tests. You may retest an engine or
piece of equipment if you determine an emission test is invalid under
the standard-setting part. Explain in your written report reasons for
invalidating any test and the emission results from all tests. If you
retest an engine or piece of equipment and, within ten days after
testing, ask to substitute results of the new tests for the original
ones, we will answer within ten days after we receive your information.
(j) Retesting after reaching a fail decision. You may retest your
engines/equipment once a fail decision for the audit has been reached
based on the first test on each engine or piece of equipment under
Sec. 1068.420(c). You may test each engine or piece of equipment up to
a total of three times, but you must perform the same number of tests
on each engine or piece of equipment. You may further operate the
engine/equipment 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.
175. Section 1068.415 is revised to read as follows:
Sec. 1068.415 How do I test my engines/equipment?
(a) Use the test procedures specified in the standard-setting part
for showing that your engines/equipment meet emission standards. The
test order will give further testing instructions.
(b) If no test cells are available at a given facility, you may
make alternate testing arrangements with our approval.
(c) Test at least two engines/equipment in each 24-hour period
(including void tests). However, if your projected U.S. nonroad sales
within the family are less than 7,500 for the year, you may test a
minimum of one per 24-
[[Page 28386]]
hour period. If you request and justify it, we may approve a lower
testing rate.
(d) For exhaust emissions, accumulate service on test engines/
equipment at a minimum rate of 6 hours per engine or piece of equipment
during each 24-hour period. The first 24-hour period for service
accumulation begins when you finish preparing an engine or piece of
equipment for testing. The minimum service accumulation rate does not
apply on weekends or holidays. You may ask us to approve a lower
service accumulation rate. We may require you to accumulate hours more
rapidly than the minimum rate, as appropriate. Plan your service
accumulation to allow testing at the rate specified in paragraph (c) of
this section. Select operation for accumulating operating hours on your
test engines/equipment to represent normal in-use operation for the family.
(e) Test engines/equipment in the same order you select them.
176. Section 1068.420 is revised to read as follows:
Sec. 1068.420 How do I know when my family fails an SEA?
(a) A failed engine or piece of equipment is one whose final
deteriorated test results exceed an applicable emission standard for
any regulated pollutant.
(b) Continue testing engines/equipment until you reach a pass
decision for all pollutants or a fail decision for one pollutant.
(c) You reach a pass decision for the SEA requirements when the
number of failed engines/equipment is less than or equal to the pass
decision number in Appendix A to this subpart for the total number of
engines/equipment tested. You reach a fail decision for the SEA
requirements when the number of failed engines/equipment is greater
than or equal to the fail decision number in Appendix A to this subpart
for the total number of engines/equipment you test. An acceptable
quality level of 40 percent is the basis for the pass or fail decision.
(d) Consider test results in the same order as the engine/equipment
testing sequence.
(e) If you reach a pass decision for one pollutant, but need to
continue testing for another pollutant, we will disregard these later
test results for the pollutant with the pass decision.
(f) Appendix A to this subpart lists multiple sampling plans. Use
the sampling plan for the projected sales volume you reported in your
application for the audited family.
(g) We may choose to stop testing after any number of tests.
(h) If we test some of your engines/equipment in addition to your
own testing, we may decide not to include your test results as official
data for those engines/equipment if there is substantial disagreement
between your testing and our testing. We will reinstate your data as
valid if you show us that we made an error and your data are correct.
(i) If we rely on our test data instead of yours, we will notify
you in writing of our decision and the reasons we believe your facility
is not appropriate for doing the tests we require under this subpart.
You may request in writing that we consider your test results from the
same facility for future testing if you show us that you have made
changes to resolve the problem.
177. Section 1068.425 is revised to read as follows:
Sec. 1068.425 What happens if one of my production-line engines/
equipment exceeds the emission standards?
(a) If one of your production-line engines/equipment fails to meet
one or more emission standards (see Sec. 1068.420), the certificate of
conformity is automatically suspended for that engine or piece of
equipment. You must take the following actions before your certificate
of conformity can cover that engine or piece of equipment:
(1) Correct the problem and retest the engine/equipment to show it
complies with all emission standards.
(2) Include in your written report a description of the test
results and the remedy for each engine or piece of equipment (see Sec.
1068.450).
(b) You may at any time ask for a hearing to determine whether the
tests and sampling methods were proper (see subpart G of this part).
178. Section 1068.430 is revised to read as follows:
Sec. 1068.430 What happens if a family fails an SEA?
(a) We may suspend your certificate of conformity for a family if
it fails the SEA under Sec. 1068.420. The suspension may apply to all
facilities producing engines/equipment from a family, even if you find
noncompliant engines/equipment only at one facility.
(b) We will tell you in writing if we suspend your certificate in
whole or in part. We will not suspend a certificate until at least 15
days after the family fails the SEA. The suspension is effective when
you receive our notice.
(c) Up to 15 days after we suspend the certificate for a family,
you may ask for a hearing to determine whether the tests and sampling
methods were proper (see subpart G of this part). If we agree before a
hearing that we used erroneous information in deciding to suspend the
certificate, we will reinstate the certificate.
179. Section 1068.435 is revised to read as follows:
Sec. 1068.435 May I sell engines/equipment from a family with a
suspended certificate of conformity?
You may sell engines/equipment that you produce after we suspend
the family's certificate of conformity only if one of the following
occurs:
(a) You test each engine or piece of equipment you produce and show
it complies with emission standards that apply.
(b) We conditionally reinstate the certificate for the family. We
may do so if you agree to recall all the affected engines/equipment and
remedy any noncompliance at no expense to the owner if later testing
shows that engines/equipment in the family still do not comply.
180. Section 1068.440 is amended by revising paragraph (b) to read
as follows:
Sec. 1068.440 How do I ask EPA to reinstate my suspended certificate?
* * * * *
(b) Give us data from production-line testing showing that engines/
equipment in the remedied family comply with all the emission standards
that apply.
181. Section 1068.445 is revised to read as follows:
Sec. 1068.445 When may EPA revoke my certificate under this subpart
and how may I sell these engines/equipment again?
(a) We may revoke your certificate for a family in the following cases:
(1) You do not meet the reporting requirements under this subpart.
(2) Your family fails an SEA and your proposed remedy to address a
suspended certificate is inadequate to solve the problem or requires
you to change the engine/equipment's design or emission control system.
(b) To sell engines/equipment from a family with a revoked
certificate of conformity, you must modify the family and then show it
complies with the applicable requirements.
(1) If we determine your proposed design change may not control
emissions for the engine/equipment's full useful life, we will tell you
within five working days after receiving your report. In this case we
will decide whether production-line testing will be enough for us to
evaluate the change or whether you need to do more testing.
(2) Unless we require more testing, you may show compliance by
testing production-line engines/equipment as described in this subpart.
[[Page 28387]]
(3) We will issue a new or updated certificate of conformity when
you have met these requirements.
182. Section 1068.450 is amended by revising paragraphs (a), (b),
and (c) to read as follows:
Sec. 1068.450 What records must I send to EPA?
(a) Within 30 calendar days of the end of each audit, send us a
report with the following information:
(1) Describe any facility used to test production-line engines/
equipment and state its location.
(2) State the total U.S.-directed production volume and number of
tests for each family.
(3) Describe your test engines/equipment, including the family's
identification and the engine/equipment's model year, build date, model
number, identification number, and number of hours of operation before
testing for each test engine or piece of equipment.
(4) Identify where you accumulated hours of operation on the
engines/equipment and describe the procedure and schedule you used.
(5) Provide the test number; the date, time and duration of
testing; test procedure; initial test results before and after
rounding; final test results; and final deteriorated test results for
all tests. Provide the emission figures for all measured pollutants.
Include information for both valid and invalid tests and the reason for
any invalidation.
(6) Describe completely and justify any nonroutine adjustment,
modification, repair, preparation, maintenance, or test for the test
engine/equipment if you did not report it separately under this
subpart. Include the results of any emission measurements, regardless
of the procedure or type of equipment.
(7) Report on each failed engine or piece of equipment as described
in Sec. 1068.425.
(b) We may ask you to add information to your written report, so we
can determine whether your new engines/equipment conform with the
requirements of this subpart.
(c) An authorized representative of your company must sign the
following statement:
We submit this report under Sections 208 and 213 of the Clean Air
Act. Our testing conformed completely with the requirements of 40 CFR
part 1068. We have not changed production processes or quality-control
procedures for the family in a way that might affect the emission
control from production engines/equipment. All the information in this
report is true and accurate, to the best of my knowledge. I know of the
penalties for violating the Clean Air Act and the regulations.
(Authorized Company Representative)
* * * * *
183. Section 1068.455 is amended by revising paragraphs (d)(2),
(d)(3), and (e) to read as follows:
Sec. 1068.455 What records must I keep?
* * * * *
(d) * * *
(2) The name of anyone who authorizes adjusting, repairing,
preparing, or modifying a test engine/equipment and the names of all
supervisors who oversee this work.
(3) If you shipped the engine/equipment for testing, the date you
shipped it, the associated storage or port facility, and the date the
engine/equipment arrived at the testing facility.
* * * * *
(e) If we ask, you must give us projected or actual production for
a family. Include each assembly plant if you produce engines/equipment
at more than one plant.
* * * * *
184. Appendix A to Subpart E is amended by revising Table A-1 and
the heading and footnote for Table A-2 to read as follows:
Appendix A to Subpart E of Part 1068--Plans for Selective Enforcement
Auditing
* * * * *
Table A-1.--Sampling Plan Code Letter
----------------------------------------------------------------------------------------------------------------
Minimum number of tests Maximum
Projected family sales Code letter -------------------------- number of
\1\ To pass To fail tests
----------------------------------------------------------------------------------------------------------------
20-50....................................................... AA 3 5 20
20-99....................................................... A 4 6 30
100-299..................................................... B 5 6 40
300-499..................................................... C 5 6 50
500+........................................................ D 5 6 60
----------------------------------------------------------------------------------------------------------------
\1\ A manufacturer may optionally use either the sampling plan for code letter ``AA'' or sampling plan for code
letter ``A'' for Selective Enforcement Audits of families with annual sales between 20 and 50 engines/
equipment. Additionally, the manufacturer may switch between these plans during the audit.
Table A-2.-- Sampling Plans for Different Family Sales Volumes
* * * * *
\a\ Stage refers to the cumulative number of engines/equipment tested.
185. The heading of subpart F is revised to read as follows:
Subpart F--Reporting Defects and Recalling Engines/Equipment
186. Section 1068.501 is revised to read as follows:
Sec. 1068.501 How do I report emission-related defects?
This section addresses the certificate holder's responsibility to
investigate and report emission-related defects in design, materials,
or workmanship. The provisions of this section do not limit your
liability under this part or the Clean Air Act. For example, selling an
engine/equipment that does not conform to your application for
certification is a violation of Sec. 1068.101(a)(1), independent of
the requirements of this section. The requirements of this section
apply separately to each certificate holder if there is more than one
certificate holder for the equipment.
(a) General provisions. As a certifying manufacturer, you must
investigate in certain circumstances whether engines/equipment that
have been introduced into U.S. commerce under your certificate have
incorrect, improperly installed, or otherwise defective emission-
related components or systems. This includes defects in design,
materials, or workmanship. You must also send us reports as specified
by this section.
(1) This section addresses defects for any of the following
emission-related
[[Page 28388]]
components, or systems containing the following components:
(i) Electronic control units, aftertreatment devices, fuel-metering
components, EGR-system components, crankcase-ventilation valves, all
components related to charge-air compression and cooling, and all
sensors associated with any of these components.
(ii) For engines and equipment subject to evaporative emission
standards, fuel tanks, fuel caps, and fuel lines and connectors.
(iii) Any other component whose primary purpose is to reduce emissions.
(iv) Any other component whose failure might increase emissions of
any pollutant without significantly degrading engine/equipment performance.
(2) The requirements of this section relate to defects in any of
the components or systems identified in paragraph (a)(1) of this
section if the defects might affect any of the parameters or
specifications in Appendix II of this part or might otherwise affect
the emissions of any pollutant.
(3) For the purposes of this section, defects do not include damage
to emission-related components or systems (or maladjustment of
parameters) caused by owners improperly maintaining or abusing their
engines/equipment.
(4) The requirements of this section do not apply to emission
control information labels. Note however, that Sec. 1068.101(a)(1)
prohibits the sale of engines/equipment without proper labels, which
also applies to misprinted labels.
(5) You must track the information specified in paragraph (b)(1) of
this section. You must assess this data at least every three months to
evaluate whether you exceed the thresholds specified in paragraphs (e)
and (f) of this section. Where thresholds are based on a percentage of
engines/equipment in the family, use actual sales figures for the whole
model year when they become available. Use projected sales figures
until the actual sales figures become available. You are not required
to collect additional information other than that specified in
paragraph (b)(1) of this section before reaching a threshold for an
investigation specified in paragraph (e) of this section.
(6) You may ask us to allow you to use alternate methods for
tracking, investigating, reporting, and correcting emission-related
defects. In your request, explain and demonstrate why you believe your
alternate system will be at least as effective in the aggregate in
tracking, identifying, investigating, evaluating, reporting, and
correcting potential and actual emissions-related defects as the
requirements in this section. In this case, provide all available data
necessary to demonstrate why an alternate system is appropriate for
your engines/equipment and how it will result in a system at least as
effective as that required under this section.
(7) If we determine that emission-related defects result in a
substantial number of properly maintained and used engines/equipment
not conforming to the regulations of this chapter during their useful
life, we may order you to conduct a recall of your engines/equipment
(see Sec. 1068.505).
(8) Send all reports required by this section to the Designated
Officer.
(9) This section distinguishes between defects and possible
defects. A possible defect exists anytime there is an indication that
an emission-related component or system might have a defect, as
described in paragraph (b)(1) of this section.
(b) Investigation of possible defects. Investigate possible defects
as follows:
(1) If the number of engines/equipment that have a possible defect,
as defined by this paragraph (b)(1), exceeds a threshold specified in
paragraph (e) of this section, you must conduct an investigation to
determine if an emission-related component or system is actually
defective. You must classify an engine/equipment component or system as
having a possible defect if any of the following sources of information
shows there is a significant possibility that a defect exists:
(i) A warranty claim is submitted for the component, whether this
is under your emission-related warranty or any other warranty.
(ii) Your quality-assurance procedures suggest that a defect may exist.
(iii) You receive any other information for which good engineering
judgment would indicate the component or system may be defective, such
as information from dealers, field-service personnel, equipment
manufacturers, hotline complaints, or engine diagnostic systems.
(2) If the number of shipped replacement parts for any individual
component is high enough that good engineering judgment would indicate
a significant possibility that a defect exists, you must conduct an
investigation to determine if it is actually defective. Note that this
paragraph (b)(2) does not require data-tracking or recording provisions
related to shipment of replacement parts.
(3) Your investigation must be prompt, thorough, consider all
relevant information, follow accepted scientific and engineering
principles, and be designed to obtain all the information specified in
paragraph (d) of this section.
(4) Your investigation needs to consider possible defects that
occur only within the useful life period, or within five years after
the end of the model year, whichever is longer.
(5) You must continue your investigation until you are able to show
that there is no emission-related defect or you obtain all the
information specified for a defect report in paragraph (d) of this
section. Send us an updated defect report anytime you have significant
additional information.
(6) If a component with a possible defect is used in additional
families or model years, you must investigate whether the component may
be defective when used in these additional families or model years, and
include these results in any defect report you send under paragraph (c)
of this section.
(7) If your initial investigation concludes that the number of
engines/equipment with a defect is fewer than any of the thresholds
specified in paragraph (f) of this section, but other information later
becomes available that may show that the number of engines/equipment
with a defect exceeds a threshold, then you must resume your
investigation. If you resume an investigation, you must include the
information from the earlier investigation to determine whether to send
a defect report.
(c) Reporting defects. You must send us a defect report in either
of the following cases:
(1) Your investigation shows that the number of engines/equipment
with a defect exceeds a threshold specified in paragraph (f) of this
section. Send the defect report within 21 days after the date you
identify this number of defective engines/equipment. See paragraph (h)
of this section for reporting requirements that apply if the number of
engines/equipment with a defect does not exceed any of the thresholds
in paragraph (f) of this section.
(2) You know there are emission-related defects for a component or
system in a number of engines/equipment that exceeds a threshold
specified in paragraph (f) of this section, regardless of how you
obtain this information. Send the defect report within 21 days after
you learn that the number of defects exceeds a threshold.
[[Page 28389]]
(d) Contents of a defect report. Include the following information
in a defect report:
(1) Your corporate name and a person to contact regarding this defect.
(2) A description of the defect, including a summary of any
engineering analyses and associated data, if available.
(3) A description of the engines/equipment that have the defect,
including families, models, and range of production dates.
(4) An estimate of the number and percentage of each class or
category of affected engines/equipment that have the defect, and an
explanation of how you determined this number. Describe any statistical
methods you used under paragraph (g)(6) of this section.
(5) An estimate of the defect's impact on emissions, with an
explanation of how you calculated this estimate and a summary of any
emission data demonstrating the impact of the defect, if available.
(6) A description of your plan for addressing the defect or an
explanation of your reasons for not believing the defects must be addressed.
(e) Thresholds for conducting a defect investigation. You must
begin a defect investigation based on the following number of engines/
equipment that may have the defect:
(1) For engines/equipment with maximum engine power at or below 560 kW:
(i) For families with annual sales below 500 units: 50 or more
engines/equipment.
(ii) For families with annual sales from 500 to 50,000 units: more
than 10.0 percent of the total number of engines/equipment in the family.
(iii) For families with annual sales from 50,000 to 550,000 units:
more than the total number of engines/equipment represented by the
following equation:
Investigation threshold = 5,000 + (Production units-50,000) x 0.04
(iv) For families with annual sales above 550,000 units: 25,000 or
more engines/equipment.
(2) For engines/equipment with maximum engine power greater than
560 kW:
(i) For families with annual sales below 250 units: 25 or more
engines/equipment.
(ii) For families with annual sales at or above 250 units: more
than 10.0 percent of the total number of engines/equipment in the family.
(f) Thresholds for filing a defect report. You must send a defect
report based on the following number of engines/equipment that have the
defect:
(1) For engines/equipment with maximum engine power at or below 560 kW:
(i) For families with annual sales below 1,000 units: 20 or more
engines/equipment.
(ii) For families with annual sales from 1,000 to 50,000 units:
more than 2.0 percent of the total number of engines/equipment in the
family.
(iii) For families with annual sales from 50,000 to 550,000 units:
more than the total number of engines/equipment represented by the
following equation:
Reporting threshold = 1,000 + (Production units -50,000) x 0.01
(iv) For families with annual sales above 550,000 units: 6,000 or
more engines/equipment.
(2) For engines/equipment with maximum engine power greater than 560 kW:
(i) For families with annual sales below 150 units: 10 or more
engines/equipment.
(ii) For families with annual sales from 150 to 750 units: 15 or
more engines/equipment.
(iii) For families with annual sales above 750 units: more than 2.0
percent of the total number of engines/equipment in the family.
(g) How to count defects. (1) Track defects separately for each
model year and family as much as possible. If information is not
identifiable by model year or family, use good engineering judgment to
evaluate whether you exceed a threshold in paragraph (e) or (f) of this
section. Consider only your U.S.-directed production volume.
(2) Within a family, track defects together for all components or
systems that are the same in all material respects. If multiple
companies separately supply a particular component or system, treat
each company's component or system as unique.
(3) For engine-based standards, if a possible defect is not
attributed to any specific part of the engine, consider the complete
engine a distinct component for evaluating whether you exceed a
threshold in paragraph (e) of this section. For equipment-based
standards, if a possible defect is not attributed to any specific part
of the equipment, consider the complete piece of equipment a distinct
component for evaluating whether you exceed a threshold in paragraph
(e) of this section.
(4) If you correct defects before they reach the ultimate purchaser
as a result of your quality-assurance procedures, count these against
the investigation thresholds in paragraph (e) of this section unless
you routinely check every engine or piece of equipment in the family.
Do not count any corrected defects as actual defects under paragraph
(f) of this section.
(5) Use aggregated data from all the different sources identified
in paragraph (b)(1) of this section to determine whether you exceed a
threshold in paragraphs (e) and (f) of this section.
(6) If information is readily available to conclude that the
possible defects identified in paragraph (b)(1) of this section are
actual defects, count these toward the reporting thresholds in
paragraph (f) of this section.
(7) During an investigation, use appropriate statistical methods to
project defect rates for engines/equipment that you are not otherwise
able to evaluate. For example, if 75 percent of the components replaced
under warranty are available for evaluation, it would be appropriate to
extrapolate known information on failure rates to the components that
are unavailable for evaluation. Take steps as necessary to prevent bias
in sampled data. Make adjusted calculations to take into account any
bias that may remain.
(h) Investigation reports. Once you trigger an investigation
threshold under paragraph (e) of this section, you must report your
progress and conclusions. In your reports, include the information
specified in paragraph (d) of this section, or explain why the
information is not relevant. Send us the following reports:
(1) While you are investigating, send us mid-year and end-of-year
reports to describe the methods you are using and the status of the
investigation. Send these status reports no later than June 30 and
December 31 of each year.
(2) If you find that the number of components or systems with an
emission-related defect exceeds a threshold specified in paragraph (f)
of this section, send us a report describing your findings within 21
days after the date you reach this conclusion.
(3) If you find that the number of components or systems with an
emission-related defect does not exceed any of the thresholds specified
in paragraph (f) of this section, send us a final report supporting
this conclusion. For example, you may exclude warranty claims that
resulted from misdiagnosis and you may exclude defects caused by
improper maintenance, improper use, or misfueling. Send this report
within 21 days after the date you reach this conclusion.
(i) Future production. If you identify a design or manufacturing
defect that prevents engines/equipment from meeting the requirements of
this part,
[[Page 28390]]
you must correct the defect as soon as possible for future production
of engines/equipment in every family affected by the defect. This
applies without regard to whether you are required to conduct a defect
investigation or submit a defect report under this section.
187. Section 1068.505 is revised to read as follows:
Sec. 1068.505 How does the recall program work?
(a) If we make a determination that a substantial number of
properly maintained and used engines/equipment do not conform to the
regulations of this chapter during their useful life, you must submit a
plan to remedy the nonconformity of your engines/equipment. We will
notify you of our determination in writing. Our notice will identify
the class or category of engines/equipment affected and describe how we
reached our conclusion. If this happens, you must meet the requirements
and follow the instructions in this subpart. You must remedy at your
expense noncompliant engines/equipment that have been properly
maintained and used, as described in Sec. 1068.510(a)(7). You may not
transfer this expense to a dealer (or equipment manufacturer for
engine-based standards) through a franchise or other agreement.
(b) You may ask for a hearing if you disagree with our
determination (see subpart G of this part).
(c) Unless we withdraw the determination of noncompliance, you must
respond to it by sending a remedial plan to the Designated Officer by
the later of these two deadlines:
(1) Within 60 days after we notify you.
(2) Within 60 days after a hearing.
(d) Once you have sold engines/equipment to the ultimate purchaser,
we may inspect or test the engines/equipment only if the purchaser
permits it, or if state or local inspection programs separately provide
for it.
(e) You may ask us to allow you to conduct your recall differently
than specified in this subpart, consistent with section 207(c) of the
Act (42 U.S.C. 7541(c)).
(f) You may do a voluntary recall under Sec. 1068.535, unless we
have made the determination described in Sec. 1068.535(a).
(g) For purposes of recall, owner means someone who owns an engine
or piece of equipment affected by a remedial plan.
188. Section 1068.510 is revised to read as follows:
Sec. 1068.510 How do I prepare and apply my remedial plan?
(a) In your remedial plan, describe all of the following:
(1) The class or category of engines/equipment to be recalled,
including the number of engines/equipment involved and the model year
or other information needed to identify the engines/equipment.
(2) The modifications, alterations, repairs, corrections,
adjustments, or other changes you will make to correct the affected
engines/equipment.
(3) A brief description of the studies, tests, and data that
support the effectiveness of the remedy you propose to use.
(4) The instructions you will send to those who will repair the
engines/equipment under the remedial plan.
(5) How you will determine the owners' names and addresses.
(6) How you will notify owners; include copies of any notification
letters.
(7) The proper maintenance or use you will specify, if any, as a
condition to be eligible for repair under the remedial plan. Describe
how these specifications meet the provisions of paragraph (e) of this
section. Describe how the owners should show they meet your conditions.
(8) The steps owners must take for you to do the repair. You may
set a date or a range of dates, specify the amount of time you need,
and designate certain facilities to do the repairs.
(9) Which company (or group) you will assign to do or manage the
repairs.
(10) If your employees or authorized warranty agents will not be
doing the work, state who will and describe their qualifications.
(11) How you will ensure an adequate and timely supply of parts.
(12) The effect of proposed changes on fuel consumption,
driveability, and safety of the engines/equipment you will recall;
include a brief summary of the information supporting these
conclusions.
(13) How you intend to label the engines/equipment you repair and
where you will place the label on the engine/equipment (see Sec. 1068.515).
(b) We may require you to add information to your remedial plan.
(c) We may require you to test the proposed repair to show it will
remedy the noncompliance.
(d) Use all reasonable means to locate owners. We may require you
to use government or commercial registration lists to get owners' names
and addresses, so your notice will be effective.
(e) The maintenance or use that you specify as a condition for
eligibility under the remedial plan may include only things you can
show would cause noncompliance. Do not require use of a component or
service identified by brand, trade, or corporate name, unless we
approved this approach with your original certificate of conformity.
Also, do not place conditions on who maintained the engine/equipment.
(f) We may require you to adjust your repair plan if we determine
owners would be without their engines/equipment or equipment for an
unreasonably long time.
(g) We will tell you in writing within 15 days of receiving your
remedial plan whether we have approved or disapproved it. We will
explain our reasons for any disapproval.
(h) Begin notifying owners within 15 days after we approve your
remedial plan. If we hold a hearing, but do not change our position
about the noncompliance, you must begin notifying owners within 60 days
after we complete the hearing, unless we specify otherwise.
189. Section 1068.515 is revised to read as follows:
Sec. 1068.515 How do I mark or label repaired engines/equipment?
(a) Attach a label to engines/equipment you repair under the
remedial plan. At your discretion, you may label or mark engines/
equipment you inspect but do not repair.
(b) Make the label from a durable material suitable for its planned
location. Make sure no one can remove the label without destroying or
defacing it.
(c) On the label, designate the specific recall campaign and state
where you repaired or inspected the engine/equipment.
(d) We may waive or modify the labeling requirements if we
determine they are overly burdensome.
190. Section 1068.520 is revised to read as follows:
Sec. 1068.520 How do I notify affected owners?
(a) Notify owners by first class mail, unless we say otherwise. We
may require you to use certified mail. Include the following in your
notice:
(1) State: ``The U.S. Environmental Protection Agency has
determined that your engine/equipment may be emitting pollutants in
excess of the federal emission standards, as defined in Title 40 of the
Code of Federal Regulations. These emission standards were established
to protect the public health or welfare from air pollution.''.
(2) State that you (or someone you designate) will repair these
engines/equipment at your expense.
[[Page 28391]]
(3) If we approved maintenance and use conditions in your remedial
plan, state that you will make these repairs only if owners show their
engines/equipment meet the conditions for proper maintenance and use.
Describe these conditions and how owners should prove their engines/
equipment are eligible for repair.
(4) Describe the components your repair will affect and say
generally how you will repair the engines/equipment.
(5) State that the engine/equipment, if not repaired, may fail an
emission inspection test if state or local law requires one.
(6) Describe any adverse effects on its performance or driveability
that would be caused by not repairing the engine/equipment.
(7) Describe any adverse effects on the functions of other
components that would be caused by not repairing the engine/equipment.
(8) Specify the date you will start the repairs, the amount of time
you will need to do them, and where you will do them. Include any other
information owners may need to know.
(9) Include a self-addressed card that owners can mail back if they
have sold the engine/equipment; include a space for owners to write the
name and address of a buyer.
(10) State that owners should call you at a phone number you give
to report any difficulty in obtaining repairs.
(11) State: ``To ensure your full protection under the emission
warranty on your [engine/equipment]
by federal law, and your right to
participate in future recalls, we recommend you have your [engine/
equipment]
serviced as soon as possible. We may consider your not
servicing it to be improper maintenance.''.
(b) We may require you to add information to your notice or to send
more notices.
(c) You may not in any communication with owners or dealers say or
imply that your noncompliance does not exist or that it will not
degrade air quality.
191. Section 1068.525 is amended by revising paragraphs (b) and (c)
to read as follows:
Sec. 1068.525 What records must I send to EPA?
* * * * *
(b) From the time you begin to notify owners, send us a report
within 25 days of the end of each calendar quarter. Send reports for
six consecutive quarters or until all the engines/equipment are
inspected, whichever comes first. In these reports, identify the following:
(1) The range of dates you needed to notify owners.
(2) The total number of notices sent.
(3) The number of engines/equipment you estimate fall under the
remedial plan (explain how you determined this number).
(4) The cumulative number of engines/equipment you inspected under
the remedial plan.
(5) The cumulative number of these engines/equipment you found
needed the specified repair.
(6) The cumulative number of these engines/equipment you have repaired.
(7) The cumulative number of engines/equipment you determined to be
unavailable due to exportation, theft, retirement, or other reasons
(specify).
(8) The cumulative number of engines/equipment you disqualified for
not being properly maintained or used.
(c) If your estimated number of engines/equipment falling under the
remedial plan changes, change the estimate in your next report and add
an explanation for the change.
* * * * *
192. Section 1068.530 is amended by revising paragraph (b) to read
as follows:
Sec. 1068.530 What records must I keep?
* * * * *
(b) Keep a record of the names and addresses of owners you
notified. For each engine or piece of equipment, state whether you did
any of the following:
(1) Inspected the engine/equipment.
(2) Disqualified the engine/equipment for not being properly
maintained or used.
(3) Completed the prescribed repairs.
* * * * *
193. Section 1068.535 is amended by revising the introductory text
and paragraph (c) to read as follows:
Sec. 1068.535 How can I do a voluntary recall for emission-related
problems?
If we have made a determination that a substantial number of
properly maintained and used engines/equipment do not conform to the
regulations of this chapter during their useful life, you may not use a
voluntary recall or other alternate means to meet your obligation to
remedy the noncompliance. Thus, this section only applies where you
learn that your family does not meet the requirements of this chapter
and we have not made such a determination.
* * * * *
(c) From the time you start the recall campaign, send us a report
within 25 days of the end of each calendar quarter, following the
guidelines in Sec. 1068.525(b). Send reports for six consecutive
quarters or until all the engines/equipment are inspected, whichever
comes first.
* * * * *
194. Appendix I to part 1068 is amended by revising paragraph I to
read as follows:
Appendix I to Part 1068--Emission-Related Components
* * * * *
I. Emission-related components include any engine/equipment
parts related to the following systems:
1. Air-induction system.
2. Fuel system, including evaporative emission controls.
3. Ignition system.
4. Exhaust gas recirculation systems.
5. All components comprising the combustion chamber, including
the piston, piston rings, block, head, and valves.
* * * * *
195. A new part 1074 is added to subchapter U of chapter I to read
as follows:
PART 1074--PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER
OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES
Subpart A--Applicability and General Provisions
Sec.
1074.1 Applicability.
1074.5 Definitions.
1074.10 Scope of preemption.
1074.12 Scope of preemption--specific provisions for locomotives and
locomotive engines.
Subpart B--Procedures for Authorization
1074.101 Procedures for California nonroad authorization requests.
1074.105 Criteria for granting authorization.
1074.110 Adoption of California standards by other States.
1074.115 Relationship of Federal and State standards.
Authority: 42 U.S.C. 7401-7671q.
Subpart A--Applicability and General Provisions
Sec. 1074.1 Applicability.
The requirements of this part apply with respect to state and local
standards and other requirements relating to the control of emissions
from nonroad engines and nonroad vehicles.
Sec. 1074.5 Definitions.
The definitions in this section apply to this part. As used in this
part, all undefined terms have the meaning the Act gives to them. The
definitions follow:
Act means the Clean Air Act, as amended, 42 U.S.C. 7401-7671q.
Administrator means the Administrator of the Environmental
[[Page 28392]]
Protection Agency and any authorized representatives.
Commercial means an activity engaged in as a vocation.
Construction equipment or vehicle means any internal combustion
engine-powered machine primarily used in construction and located on
commercial construction sites.
Engine used in a locomotive means either an engine placed in a
locomotive to move other equipment, freight, or passenger traffic, or
an engine mounted on a locomotive to provide auxiliary power.
Farm equipment or vehicle means any internal combustion engine-
powered machine primarily used in the commercial production and/or
commercial harvesting of food, fiber, wood, or commercial organic
products or for the processing of such products for further use on the
farm.
Locomotive means a piece of equipment meeting the definition of
locomotive in 40 CFR 1033.901 that is propelled by a nonroad engine.
New has the following meanings:
(1) For locomotives, new has the meaning given in 40 CFR 1033.901.
(2) For engines used in locomotives, new means an engine
incorporated in (or intended to be incorporated in) in a new locomotive.
(3) For other nonroad engines and equipment, new means a domestic
or imported nonroad engine or nonroad vehicle the equitable or legal
title to which has never been transferred to an ultimate purchaser.
Where the equitable or legal title to an engine or vehicle is not
transferred to an ultimate purchaser until after the engine or vehicle
is placed into service, then the engine or vehicle will no longer be
new once it is placed into service. A nonroad engine or vehicle is
placed into service when it is used for its functional purposes. This
paragraph (3) does not apply to locomotives or engines used in locomotives.
Nonroad engine has the meaning given in 40 CFR 1068.30
Primarily used means used 51 percent or more.
States and localities means any or all of the states,
commonwealths, and territories in the United States including the
District of Columbia and any or all of their political subdivisions.
Ultimate purchaser means the first person who in good faith
purchases a new nonroad engine or new nonroad vehicle or equipment for
purposes other than resale.
United States has the meaning given in 40 CFR 1068.30.
Sec. 1074.10 Scope of preemption.
(a) States and localities are preempted from adopting or enforcing
standards or other requirements relating to the control of emissions
from new engines smaller than 175 horsepower that are primarily used in
farm or construction equipment or vehicles, as defined in this part.
For equipment that is used in applications in addition to farming or
construction activities, if the equipment is primarily used as farm
and/or construction equipment or vehicles (as defined in this part), it
is considered farm or construction equipment or vehicles.
(b) For nonroad engines or vehicles other than those described in
paragraph (a) of this section and Sec. 1074.12, States and localities
are preempted from enforcing any standards or other requirements
relating to control of emissions from nonroad engines or vehicles
except as provided in subpart B of this part.
Sec. 1074.12 Scope of preemption specific provisions for locomotives
and locomotive engines.
(a) States and localities are preempted from adopting or enforcing
standards or other requirements relating to the control of emissions
from new locomotives and new engines used in locomotives.
(b) During a period equivalent in length to 133 percent of the
useful life, expressed as MW-hrs (or miles where applicable), beginning
at the point at which the locomotive or engine becomes new, those
standards or other requirements which are preempted include, but are
not limited to, the following: emission standards, mandatory fleet
average standards, certification requirements, retrofit and aftermarket
equipment requirements, and nonfederal in-use testing requirements. The
standards and other requirements specified in the preceding sentence
are preempted whether applicable to new or other locomotives or
locomotive engines.
Subpart B--Procedures for Authorization
Sec. 1074.101 Procedures for California nonroad authorization requests.
(a) California must request authorization from the Administrator to
enforce its adopted standards and other requirements relating to
control of emissions from nonroad engines or vehicles that are not
preempted by Sec. 1074.10(a) or Sec. 1074.12. The request must
include the record on which the state rulemaking was based.
(b) After receiving the authorization request, the Administrator
will provide notice and opportunity for a public hearing regarding such
requests.
Sec. 1074.105 Criteria for granting authorization.
(a) The Administrator will grant the authorization if California
determines that its standards will be, in the aggregate, at least as
protective of public health and welfare as otherwise applicable federal
standards.
(b) The authorization will not be granted if the Administrator
finds that any of the following are true:
(1) California's determination is arbitrary and capricious.
(2) California does not need such standards to meet compelling and
extraordinary conditions.
(3) The California standards and accompanying enforcement
procedures are not consistent with section 209 of the Act (42 U.S.C.
7543).
(c) In considering any request from California to authorize the
state to adopt or enforce standards or other requirements relating to
control of emissions from new nonroad spark-ignition engines smaller
than 50 horsepower, the Administrator will give appropriate
consideration to safety factors (including the potential increased risk
of burn or fire) associated with compliance with the California standard.
Sec. 1074.110 Adoption of California standards by other States.
(a) Except as described in paragraph (b) of this section, any state
other than California that has plan provisions approved under Part D of
Title I of the Act (42 U.S.C. 7501 to 7515) may adopt and enforce
emission standards for any period for nonroad engines and vehicles
subject to the following requirements:
(1) The state must provide notice to the Administrator that it has
adopted such standards.
(2) Such standards may not apply to new engines smaller than 175
horsepower that are used in farm or construction equipment or vehicles,
or to new locomotives or new engines used in locomotives.
(3) Such standards and implementation and enforcement must be
identical, for the period concerned, to the California standards
authorized by the Administrator.
(4) The state must adopt such standards at least two years before
the standards first take effect.
(5) California must have adopted such standards two years before
the standards first take effect in the state that is adopting them
under this section.
(b) States and localities, other than the State of California, may
not adopt or
[[Page 28393]]
attempt to enforce any standard or other requirement applicable to the
control of emissions from spark-ignition engines smaller than 50
horsepower, except standards or other requirements that were adopted by
that state before September 1, 2003.
Sec. 1074.115 Relationship of Federal and State standards.
If state standards apply to a new nonroad engine or vehicle
pursuant to authorization granted under section 209 of the Act (42
U.S.C. 7543), compliance with such state standards will be treated as
compliance with the otherwise applicable standards of this chapter for
engines or vehicles introduced into commerce in that state.
[FR Doc. 07-1998 Filed 5-17-07; 8:45 am]
BILLING CODE 6560-50-P
![[logo] US EPA](https://webarchive.library.unt.edu/eot2008/20090509214442im_/http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}