National United States Regulations 40 CFR PART 90—CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS Title 40: Protection of Environment PART 90—CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS -------------------------------------------------------------------------------- Authority: 42 U.S.C. 7401—7671q. Source: 60 FR 34598, July 3, 1995, unless otherwise noted. Subpart A—General top § 90.1 Applicability. top (a) This part applies to new nonroad spark-ignition engines and vehicles with gross power output at or below 19 kilowatts (kW) used for any purpose, unless we exclude them under paragraph (d) of this section. (b) In certain cases, the regulations in this part 90 also apply to new engines with a gross power output above 19 kW that would otherwise be covered by 40 CFR part 1048 or 1051. See 40 CFR 1048.615 or 1051.145(a)(3) for provisions related to this allowance. (c) In certain cases, the regulations in this part 90 apply to new engines below 50 cc used in motorcycles that are motor vehicles. See 40 CFR 86.447–2006 for provisions related to this allowance. (d) The following nonroad engines and vehicles are not subject to the provisions of this part: (1) Engines certified to meet the requirements of 40 CFR part 1051 (e.g., engines used in snowmobiles). This part nevertheless applies to engines used in recreational vehicles if the manufacturer uses the provisions of 40 CFR 1051.145(a)(3) to exempt them from the requirements of 40 CFR part 1051. Compliance with the provisions of this part is a required condition of that exemption. (2) Engines used in highway motorcycles. See 40 CFR part 86, subpart E. (3) Propulsion marine engines. See 40 CFR part 91. This part applies with respect to auxiliary marine engines. (4) Engines used in aircraft. See 40 CFR part 87. (5) Engines certified to meet the requirements of 40 CFR part 1048, subject to the provisions of §90.913. (6) Hobby engines. (7) Engines that are used exclusively in emergency and rescue equipment where no certified engines are available to power the equipment safely and practically, but not including generators, alternators, compressors or pumps used to provide remote power to a rescue tool. The equipment manufacturer bears the responsibility to ascertain on an annual basis and maintain documentation available to the Administrator that no appropriate certified engine is available from any source. (e) Engines subject to the provisions of this subpart are also subject to the provisions found in subparts B through N of this part, except that Subparts C, H, M and N of this part apply only to Phase 2 engines as defined in this subpart. (f) Certain text in this part is identified as pertaining to Phase 1 or Phase 2 engines. Such text pertains only to engines of the specified Phase. If no indication of Phase is given, the text pertains to all engines, regardless of Phase. (g) This part also applies to engines under 50 cc used in motorcycles that are motor vehicles if the manufacturer uses the provisions of 40 CFR 86.447–2006 to meet the emission standards in this part instead of the requirements of 40 CFR part 86. In this case, compliance with the provisions of this part is a required condition of that exemption. [67 FR 68339, Nov. 8, 2002, as amended at 69 FR 2441, Jan. 15, 2004; 70 FR 40448, July 13, 2005] § 90.2 Effective dates. top (a) This subpart applies to nonroad spark-ignition engines at or below 19 kW effective with the 1997 model year. (b) Notwithstanding paragraph (a) of this section, this subpart applies to class V engines, as specified in §90.116(b)(5), that are preempted from regulation in California by section 209(e)(1)(A) of the Act, effective January 1, 1998. (c) Notwithstanding paragraphs (a) and (b) of this section, engines used in recreational vehicles with engine rated speed greater than or equal to 5,000 rpm and with no installed speed governor are not subject to the provisions of this part through the 2005 model year. Starting with the 2006 model year, all the requirements of this part apply to engines used in these vehicles if they are not included in the scope of 40 CFR part 1051. [60 FR 34598, July 3, 1995, as amended at 67 FR 68339, Nov. 8, 2002] § 90.3 Definitions. top The following definitions apply to part 90. All terms not defined herein have the meaning given them in the Act. Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. Adjustable parameter means any device, system, or element of design which is physically capable of being adjusted (including those which are difficult to access) and which, if adjusted, may affect emissions or engine performance during emission testing or normal in-use operation. Administrator means the Administrator of the Environmental Protection Agency or his or her authorized representative. Aftertreatment means the passage of exhaust gases through a device or system such as a catalyst whose purpose is to chemically alter the gases prior to their release to the atmosphere. Aircraft means any vehicle capable of sustained air travel above treetop heights. Amphibious vehicle means a vehicle with wheels or tracks that is designed primarily for operation on land and secondarily for operation in water. Auxiliary emission control device (AECD) means any element of design that senses temperature, vehicle speed, engine RPM, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system. Certification means, with respect to new nonroad engines, obtaining a certificate of conformity for an engine family complying with the nonroad engine emission standards and requirements specified in this part. DF or df means deterioration factor. Eligible production or U.S. production means Phase 2 engines produced for purposes of being used in the United States, and includes any engine exported and subsequently imported in a new piece of equipment, but excludes any engine introduced into commerce, by itself or in a piece of equipment, for use in a state that has established its own emission requirements applicable to such engines pursuant to a waiver granted by EPA under section 209(e) of the Clean Air Act. Emission control system means any device, system, or element of design which controls or reduces the emission of substances from an engine. Engine as used in this part, refers to nonroad engine. Engine family means a group of engines, as specified in §90.116. Engine manufacturer means any person engaged in the manufacturing or assembling of new nonroad engines or the importing of such engines for resale, or who acts for and is under the control of any such person in connection with the distribution of such engines. Engine manufacturer does not include any dealer with respect to new nonroad engines received by such person in commerce. EPA enforcement officer means any officer, employee, or authorized representative of the U.S. Environmental Protection Agency so designated in writing by the Administrator (or by his or her designee). Equipment manufacturer means a manufacturer of equipment using engines covered by the provisions of this Part who does not also manufacture engines covered by the provisions of this Part. Exhaust emissions means matter emitted into the atmosphere from any opening downstream from the exhaust port of a nonroad engine. Family Emission Limit or FEL means an emission level that is declared by the manufacturer to serve in lieu of an emission standard for the purposes of certification, production line testing, and Selective Enforcement Auditing for engines participating in the averaging, banking and trading program. A declared FEL will also serve in lieu of an emission standard where the manufacturer elects to perform voluntary in-use testing under this part. An FEL must be expressed to the same number of decimal places as the applicable emission standard. Fuel system means all components involved in the transport, metering, and mixture of the fuel from the fuel tank to the combustion chamber(s) including the following: fuel tank, fuel tank cap, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, and all fuel system vents. Good engineering judgment has the meaning given in 40 CFR 1068.30. See 40 CFR 1068.5 for the administrative process we use to evaluate good engineering judgment. Gross power means the power measured at the crankshaft or its equivalent, the engine being equipped only with the standard accessories (such as oil pumps, coolant pumps, and so forth) necessary for its operation on the test bed. Handheld equipment engine means a nonroad engine that meets the requirements specified in §90.103(a)(2)(I) through (v). HC+NOX means total hydrocarbons plus oxides of nitrogen. Hobby engines means engines used in reduced-scale models of vehicles that are not capable of transporting a person (for example, model airplanes). Marine engine means a nonroad engine that is installed or intended to be installed on a marine vessel. This includes a portable auxiliary marine engine only if its fueling, cooling, or exhaust system is an integral part of the vessel. There are two kinds of marine engines: (1) Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel's movement. (2) Auxiliary marine engine means a marine engine not used for propulsion. Marine vessel has the meaning given in 1 U.S.C. 3, except that it does not include amphibious vehicles. The definition in 1 U.S.C. 3 very broadly includes every craft capable of being used as a means of transportation on water. Maximum engine power means the maximum value of gross power at rated speed. Model year (MY) means the manufacturer's annual new model production period which includes January 1 of the calendar year, ends no later than December 31 of the calendar year, and does not begin earlier than January 2 of the previous calendar year. Where a manufacturer has no annual new model production period, model year means calendar year. New, for the purposes of this part, means a 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 the 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 after it is placed into service. A nonroad engine or vehicle is placed into service when it is used for its functional purposes. With respect to imported nonroad engines or nonroad vehicles, the term “new” means an engine or vehicle that is not covered by a certificate of conformity issued under this part at the time of importation, and that is manufactured after the effective date of a regulation issued under this part which is applicable to such engine or vehicle (or which would be applicable to such engine or vehicle had it been manufactured for importation into the United States). New Class I engine family means any group of engines that employ a design that is different from engine families that the engine manufacturer has previously certified, and does not include any engine family certified on the basis of carryover data or any engine family that differs from another engine family solely as a result of a running change. NMHC+NOX means nonmethane hydrocarbons plus oxides of nitrogen. Nonroad engine means: (1) Except as discussed in paragraph (2) of this definition, any internal combustion engine: (i) 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); or (ii) In or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or (iii) That, by itself or in or on a piece of equipment, 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: (i) The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the Act; or (ii) The engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the Act; or (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 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. This paragraph does not apply to an engine after the engine is removed from the location. Nonroad vehicle means a vehicle that is powered by a nonroad engine as defined in this section and that is not a motor vehicle or a vehicle used solely for competition. Nonroad vehicle also includes equipment that is powered by nonroad engines. Nonroad vehicle manufacturer means any person engaged in the manufacturing or assembling of new nonroad vehicles or importing such vehicles for resale, or who acts for and is under the control of any such person in connection with the distribution of such vehicles. A nonroad vehicle manufacturer does not include any dealer with respect to new nonroad vehicles received by such person in commerce. Operating hours means: (1) For engine storage areas or facilities, all times during which personnel other than custodial personnel are at work in the vicinity of the storage area or facility and have access to it. (2) For all other areas or facilities, all times during which an assembly line is in operation or all times during which testing, maintenance, service accumulation, production or compilation of records, or any other procedure or activity related to certification testing, to translation of designs from the test stage to the production stage, or to engine manufacture or assembly is being carried out in a facility. Overhead valve engine means an otto-cycle, four stroke engine in which the intake and exhaust valves are located above the combustion chamber within the cylinder head. Such engines are sometimes referred to as “valve-in-head” engines. Phase 1 engine means any handheld or nonhandheld engine, that was produced under a certificate of conformity issued under the regulations in this part to the standard levels defined for Phase 1. Phase 2 engine means any handheld and nonhandheld engine that was produced under a certificate of conformity under the regulations in this part to the standards defined for Phase 2 engines. Presentation of credentials means the display of the document designating a person as an EPA enforcement officer or EPA authorized representative. Recreational means, for purposes of this part, relating to a vehicle intended by the vehicle manufacturer to be operated primarily for pleasure. Round, rounded or rounding means, unless otherwise specified, that numbers will be rounded according to ASTM-E29–93a, which is incorporated by reference in this part pursuant to §90.7. Scheduled maintenance means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the manufacturer to be performed on a periodic basis to prevent part failure or vehicle or engine malfunction, or those actions anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate. Side valve engine means an otto-cycle, four stroke engine in which the intake and exhaust valves are located to the side of the cylinder, not within the cylinder head. Such engines are sometimes referred to as “L-head” engines. Small volume engine family means any handheld engine family or any nonhandheld engine family whose eligible production in a given model year are projected at the time of certification to be no more than 5,000 engines. Small volume engine manufacturer means, for nonhandheld engines, any engine manufacturer whose total eligible production of nonhandheld engines are projected at the time of certification of a given model year to be no more than 10,000 nonhandheld engines. For handheld engines, the term small volume engine manufacturer means any engine manufacturer whose total eligible production of handheld engines are projected at the time of certification of a given model year to be no more than 25,000 handheld engines. Small volume equipment manufacturer means, for nonhandheld equipment, any equipment manufacturer whose production of nonhandheld equipment subject to regulation under this part or powered by engines regulated under this part, does not exceed 5,000 pieces for a given model year or annual production period excluding that equipment intended for introduction into commerce for use in a state that has established its own emission requirements applicable to such equipment or engines in such equipment, pursuant to a waiver granted by EPA under section 209(e) of the Clean Air Act. For handheld equipment, the term small volume equipment manufacturer has the same meaning except that it is limited to 25,000 pieces of handheld equipment rather than 5,000 pieces of nonhandheld equipment. Small volume equipment model means, for nonhandheld equipment, any unique model of equipment whose production subject to regulations under this part or powered by engines regulated under this part, does not exceed 500 pieces for a given model year or annual production period excluding that equipment intended for introduction into commerce for use in a state that has established its own emission requirements applicable to such equipment or engines in such equipment, pursuant to a waiver granted by EPA under section 209(e) of the Clean Air Act. For handheld equipment, the term small volume equipment model has the same meaning except that it is limited to 5,000 pieces of handheld equipment, rather than 500 pieces of nonhandheld equipment. Test engine means the engine or group of engines that a manufacturer uses during certification to determine compliance with emission standards. Ultimate purchaser means, with respect to any new nonroad engine or new nonroad vehicle, the first person who in good faith purchases such new nonroad engine or vehicle 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. Used solely for competition means exhibiting features that are not easily removed and that would render its use other than in competition unsafe, impractical, or highly unlikely. Warranty period means the period of time the engine or part is covered by the warranty provisions. [60 FR 34598, July 3, 1995, as amended at 64 FR 15235, Mar. 30, 1999; 65 FR 24305, Apr. 25, 2000; 67 FR 68339, Nov. 8, 2002; 70 FR 40448, July 13, 2005] § 90.4 Treatment of confidential information. top (a) Any manufacturer may assert that some or all of the information submitted pursuant to this part is entitled to confidential treatment as provided by part 2, subpart B of this chapter. (b) Any claim of confidentiality must accompany the information at the time it is submitted to EPA. (c) To assert that information submitted pursuant to this subpart is confidential, a manufacturer must indicate clearly the items of information claimed confidential by marking, circling, bracketing, stamping, or otherwise specifying the confidential information. Furthermore, EPA requests, but does not require, that the submitter also provide a second copy of its submittal from which all confidential information has been deleted. If a need arises to publicly release nonconfidential information, EPA will assume that the submitter has accurately deleted the confidential information from this second copy. (d) If a claim is made that some or all of the information submitted pursuant to this subpart is entitled to confidential treatment, the information covered by that confidentiality claim will be disclosed by the Administrator only to the extent and by means of the procedures set forth in part 2, subpart B of this chapter. (e) Information provided without a claim of confidentiality at the time of submission may be made available to the public by EPA without further notice to the submitter, in accordance with §2.204(c)(2)(i)(A) of this chapter. § 90.5 Acronyms and abbreviations. top The following acronyms and abbreviations apply to part 90. AECD—Auxiliary emission control device ASME—American Society of Mechanical Engineers ASTM—American Society for Testing and Materials CAA—Clean Air Act CAAA—Clean Air Act Amendments of 1990 CLD—chemiluminescent detector CO—Carbon monoxide CO2—Carbon dioxide EPA—Environmental Protection Agency FTP—Federal Test Procedure g/kW-hr—grams per kilowatt hour HC—hydrocarbons HCLD—heated chemiluminescent detector HFID—heated flame ionization detector ICI—independent Commercial Importer NDIR—non-dispersive infrared analyzer NIST—National Institute for Standards and Testing NO—Nitric oxide NO2—Nitrogen dioxide NOX—Oxides of nitrogen O2—Oxygen OEM—original equipment manufacturer PMD—paramagnetic detector SAE—Society of Automotive Engineers SEA—Selective Enforcement Auditing SI—spark-ignition U.S.C.—United States Code VOC—Volatile organic compounds ZROD—zirconiumdioxide sensor § 90.6 Table and figure numbering; position. top (a) Tables for each subpart appear in an appendix at the end of the subpart. Tables are numbered consecutively by order of appearance in the appendix. The table title will indicate the topic. (b) Figures for each subpart appear in an appendix at the end of the subpart. Figures are numbered consecutively by order of appearance in the appendix. The figure title will indicate the topic. § 90.7 Reference materials. top (a) Incorporation by reference. The documents in paragraph (b) of this section have been incorporated by reference. The incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at U.S. EPA Air and Radiation Docket, room M–1500, 401 M St., SW., Washington D.C. 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. (b) The following paragraphs and tables set forth the material that has been incorporated by reference in this part. (1) ASTM material. The following table sets forth material from the American Society for Testing and Materials which has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than §90.7, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103. ------------------------------------------------------------------------ Document number and name 40 CFR part 90 reference ------------------------------------------------------------------------ ASTM D86-93: Standard Test Method for Distillation Appendix A to subpart D, of Petroleum Products. Table 3. ASTM D1319-89: Standard Test Method for Hydrocarbon Appendix A to subpart D, Types in Liquid Petroleum Products Table 3. by Fluorescent Indicator Adsorption. ASTM D2622-92: Standard Test Method for Sulfur in Appendix A to subpart D, Petroleum Products by X-ray Table 3. Spectrometry. ASTM D2699-92: Standard Test Method for Knock Appendix A to subpart D, Characteristics of Motor Fuels by Table 3. the Research Method. ASTM D2700-92: Standard Test Method for Knock Appendix A to subpart D, Characteristics of Motor and Table 3. Aviation Fuels by the Motor Method. ASTM D3231-89: Standard Test Method for Phosphorus Appendix A to subpart D, in Gasoline. Table 3. ASTM D3606-92: Standard Test Method for Appendix A to subpart D, Determination of Benzene and Toluene Table 3. in Finished Motor and Aviation Gasoline by Gas Chromatography. ASTM D5191-93a: Standard Test Method for Vapor Appendix A to subpart D, Pressure of Petroleum Products (Mini Table 3. Method). ASTM E29-93a: Standard Practice for Using 90.116; 90.509. Significant Digits in Test Data to Determine Conformance with Specifications. ------------------------------------------------------------------------ (2) SAE material. The following table sets forth material from the Society of Automotive Engineers which has been incorporated by reference. The first column lists the number and name of the material. The second column lists the section(s) of this part, other than §90.7, in which the matter is referenced. The second column is presented for information only and may not be all inclusive. Copies of these materials may be obtained from Society of Automotive Engineers International, 400 Commonwealth Dr., Warrendale, PA 15096–0001. ------------------------------------------------------------------------ Document number and name 40 CFR part 90 reference ------------------------------------------------------------------------ SAE J1930 September 1991, Electrical/ 90.114 Electronic Systems Diagnostic Terms, Definitions, Abbreviations and Acronyms. SAE Paper 770141, Optimization of a Flame 90.316 Ionization Detector for Determination of Hydrocarbon in Diluted Automotive Exhausts, Glenn D. Reschke, 1977. ------------------------------------------------------------------------ Subpart B—Emission Standards and Certification Provisions top § 90.101 Applicability. top The requirements of subpart B are applicable to all nonroad engines and vehicles subject to the provisions of subpart A of part 90. § 90.102 Definitions. top The definitions in subpart A of part 90 apply to this subpart. All terms not defined herein or in subpart A have the meaning given them in the Act. The following definitions also apply to this subpart. Attitudinal control means the operator regulates either the horizontal or vertical position of the equipment, or both. Carry means the operator completely bears the weight of the equipment, including the engine. Support means that the operator holds the equipment in position so as to prevent it from falling, slipping or sinking. It is not necessary for the entire weight of the equipment to be borne by the operator. § 90.103 Exhaust emission standards. top (a) Exhaust emissions for new Phase 1 and Phase 2 nonroad spark ignition engines at or below 19 kilowatts (kW), shall not exceed the following levels. Throughout this part, NMHC+NOX standards are applicable only to natural gas fueled engines at the option of the manufacturer, in lieu of HC+NOX standards. Table 1_Phase 1 Exhaust Emission Standards [Grams per kilowatt-hour] ---------------------------------------------------------------------------------------------------------------- Hydrocarbons+oxides Engine displacement class of nitrogen Hydrocarbons Carbon monoxide Oxides of (HC+NOX) nitrogen (NOX) ---------------------------------------------------------------------------------------------------------------- I....................................... 16.1 ............... 519 ............... II...................................... 13.4 ............... 519 ............... III..................................... ................... 295 805 5.36 IV...................................... ................... 241 805 5.36 V....................................... ................... 161 603 5.36 ---------------------------------------------------------------------------------------------------------------- Table 2_Phase 2 Class I-A, Class I-B, and Class I Engine Exhaust Emission Standards [grams per kilowatt-hour] ---------------------------------------------------------------------------------------------------------------- Engine class HC+NOX NMHC+NOX CO Effective date ---------------------------------------------------------------------------------------------------------------- I............................... 16.1 14.8 610 August 1, 2007; in addition, any Class I engine family initially produced on or after August 1, 2003 must meet the Phase 2 Class I standards before they may be introduced into commerce. I-A............................. 50 .............. 610 2001 Model Year. I-B............................. 40 37 610 2001 Model Year. ---------------------------------------------------------------------------------------------------------------- Table 3_Phase 2 Class II Engine Exhaust Emission Standards by Model Year [grams per kilowatt-hour] -------------------------------------------------------------------------------------------------------------------------------------------------------- Model Year --------------------------------------------------------------------------------------------------------------------------------------------------------- 2005 and Engine Class Emission requirement 2001 2002 2003 2004 later -------------------------------------------------------------------------------------------------------------------------------------------------------- II............................................ HC +NOX 18.0 16.6 15.0 13.6 12.1 NMHC+NOX 16.7 15.3 14.0 12.7 11.3 CO 610 610 610 610 610 -------------------------------------------------------------------------------------------------------------------------------------------------------- TABLE 4_Phase 2 Handheld Exhaust Emission Standards by Model Year [grams per kilowatt-hour] ---------------------------------------------------------------------------------------------------------------- Model year ----------------------------------------------------- Engine class Emission requirement 2007 2002 2003 2004 2005 2006 and later ---------------------------------------------------------------------------------------------------------------- Class III.......................... HC+NOX............... 238 175 113 50 50 50 CO................... 805 805 805 805 805 805 Class IV........................... HC+NOX............... 196 148 99 50 50 50 CO................... 805 805 805 805 805 805 Class V............................ HC+NOX............... ....... ....... 143 119 96 72 CO................... ....... ....... 603 603 603 603 ---------------------------------------------------------------------------------------------------------------- (1) Each engine displacement class has a unique set of exhaust emission standards. Boundaries for each class are indicated in §90.116(b). (2) Emission standards for classes III, IV, V may be used only if an engine meets at least one of the following requirements: (i) The engine must be used in a piece of equipment that is carried by the operator throughout the performance of its intended function(s); (ii) The engine must be used in a piece of equipment that must operate multipositionally, such as upside down or sideways, to complete its intended function(s); (iii) The engine must be used in a piece of equipment for which the combined engine and equipment dry weight is under 14 kilograms, no more than two wheels are present on the equipment, and at least one of the following attributes is also present: (A) The operator must alternately provide support or carry the equipment throughout the performance of its intended function(s); (B) The operator must provide support or attitudinal control for the equipment throughout the performance of its intended function(s); and (C) The engine must be used in a generator or pump; (iv) The engine must be used to power one-person augers, with a combined engine and equipment dry weight under 20 kilograms; (v) The engine must be used in a recreational application, with a combined total vehicle dry weight under 20 kilograms; (vi) Where a piece of equipment otherwise meeting the requirements of paragraph (a)(2)(iii) or (a)(2)(iv) of this section exceeds the applicable weight limit, emission standards for class III, IV or V, as applicable, may still apply if the equipment exceeds the weight limit by no more than the extent necessary to allow for the incremental weight of a four stroke engine or the incremental weight of a two stroke engine having enhanced emission control acceptable to the Administrator. Any manufacturer utilizing this provision to exceed the subject weight limitations shall maintain and make available to the Administrator upon request, documentation to substantiate that the exceedance of either weight limitation is a direct result of application of a four stroke or enhanced two stroke engine having the same, less or very similar power to two stroke engines that could otherwise be used to power the equipment and remain within the weight limitations. (3) Notwithstanding paragraph (a)(2) of this section, two stroke engines used to power lawnmowers or other nonhandheld equipment may meet Phase 1 Class III, IV or V standards and requirements, as appropriate, through model year 2002 subject to the provisions of §90.107(e), (f) and (h). Such engines shall not be included in any computations of Phase 2 averaging, banking, or trading credits or eligible production. (4) Notwithstanding paragraph (a)(2) of this section, two-stroke engines used to power snowthrowers may meet class III, IV, or V standards. (5) Notwithstanding paragraph (a)(2) of this section, engines used exclusively to power products which are used exclusively in wintertime, such as snowthrowers and ice augers, at the option of the engine manufacturer, need not certify to or comply with standards regulating emissions of HC, NOX. HC+NOX or NMHC+NOX. as applicable. If the manufacturer exercises the option to certify to standards regulating such emissions, such engines must meet such standards. If the engine is to be used in any equipment or vehicle other than an exclusively wintertime product such as a snowthrower or ice auger, it must be certified to the applicable standard regulating emissions of HC, NOX. HC+NOX or NMHC+NOX as applicable. (6) In lieu of certifying to the applicable Phase 2 standards, small volume engine manufacturers as defined in this part may, at their option, certify their engine families as Phase 1 engines until the 2010 model year for nonhandheld engine families excluding Class I-A and Class I-B engine families, until the 2008 model year for Class III and Class IV engine families, and until the 2010 model year for Class V engine families. Such engines shall not exceed the applicable Phase 1 standards and are excluded from the averaging, banking and trading program and any related credit calculations. Beginning with the 2010 model year for nonhandheld engine families, the 2008 model year for Class III and Class IV engine families, and the 2010 model year for Class V engine families, these engines must meet the applicable Phase 2 standards. (7) In lieu of certifying to the applicable Phase 2 standards, manufacturers of small volume engine families, as defined in this part may, at their option, certify their small volume engine families as Phase 1 engines until the 2010 model year for nonhandheld engine families excluding Class I-A and Class I-B engine families, until the 2008 model year for Class III and Class IV engine families, and until the 2010 model year for Class V engine families. Such engines shall not exceed the applicable Phase 1 standards and are excluded from the averaging, banking and trading program and any related credit calculations. Beginning with the 2010 model year for nonhandheld engine families, the 2008 model year for Class III and Class IV engine families, and the 2010 model year for Class V engine families, these engines must meet the applicable Phase 2 standards. (8) Notwithstanding the standards shown in Table 3 of this section, the HC+NOX (NMHC+NOX) standard for Phase 2 Class II side valve engine families with annual production of 1000 or less shall be 24.0 g/kW-hr (22.0 g/kW-hr) for model years 2010 and later. Engines produced subject to this provision may not exceed this standard and are excluded from the averaging, banking and trading program and any related credit calculations. (b) Exhaust emissions will be measured using the procedures set forth in subpart E of this part. [60 FR 34598, July 3, 1995, as amended at 61 FR 58300, Nov. 13, 1996; 62 FR 42643, Aug. 7, 1997; 64 FR 15236, Mar. 30, 1999; 65 FR 24305, Apr. 25, 2000; 67 FR 68340, Nov. 8, 2002] § 90.104 Compliance with emission standards. top Paragraphs (a) through (c) of this section apply to Phase 1 engines only. Paragraphs (d) through (h) of this section apply only to Phase 2 engines. (a) If all test engines representing an engine family have emissions less than or equal to each emission standard in a given engine displacement class, that family complies with that class of emission standards. (b) If any test engine representing an engine family has emissions greater than any one emission standard in a given engine displacement class, that family will be deemed not in compliance with that class of emission standards. (c) If catalysts are used in an engine family, the engine manufacturer must affirm that catalyst durability has been confirmed on the basis of the evaluation procedure that is specified in subpart E of this part. (d) The exhaust emission standards (FELs, where applicable) for Phase 2 engines set forth in this part apply to the emissions of the engines for their full useful lives as determined pursuant to §90.105. (e) For all Phase 2 engines, if all test engines representing an engine family have emissions, when properly tested according to procedures in this part, less than or equal to each Phase 2 emission standard (FEL, where applicable) in a given engine class and given model year, when multiplicatively adjusted by the deterioration factor determined in this section, that family complies with that class of emission standards for purposes of certification. If any test engine representing an engine family has emissions adjusted multiplicatively by the deterioration factor determined in this section, greater than any one emission standard (FEL, where applicable) for a given displacement class, that family does not comply with that class of emission standards. (f) Each engine manufacturer must comply with all provisions of the averaging, banking and trading program outlined in subpart C of this part for each engine family participating in that program. (g)(1) Small volume engine manufacturers and small volume engine families may, at their option, take deterioration factors for HC+NOX (NMHC+NOX) and CO from Table 1 or Table 2 of this paragraph (g), or they may calculate deterioration factors for HC+NOX (NMHC+NOX) and CO according to the process described in paragraph (h) of this section. For technologies that are not addressed in Table 1 or Table 2 of this paragraph (g), the manufacturer may ask the Administrator to assign a deterioration factor prior to the time of certification. The provisions of this paragraph (g) do not apply to Class I-A and Class I-B engines. (2) Table 1 follows: Table 1: Nonhandheld Engine HC+NOX (NMHC+NOX) and CO Assigned Deterioration Factors for Small Volume Manufacturers and Small Volume Engine Families ---------------------------------------------------------------------------------------------------------------- Side valve engines Overhead valve ---------------------- engines Engine class ---------------------- Engines with HC+NOX CO HC+NOX aftertreatment (NMHC+NOX) (NMHC+NOX) CO ---------------------------------------------------------------------------------------------------------------- Class I................................. 2.1 1.1 1.5 1.1 Dfs must be calculated using the formula in § 90.104(g)(4). Class II................................ 1.6 1.1 1.4 1.1 .......................... ---------------------------------------------------------------------------------------------------------------- (3) Table 2 follows: Table 2_Handheld Engine HC+NOX and CO Assigned Deterioration Factors for Small Volume Manufacturers and Small Volume Engine Families ---------------------------------------------------------------------------------------------------------------- Two-stroke engines1 Four-stroke engines Engine class ---------------------------------------------------- Engines with HC+NOX CO HC+NOX CO aftertreatment ---------------------------------------------------------------------------------------------------------------- Class III........................... 1.1 1.1 1.5 1.1 Dfs must be calculated using the formula in § 90.104(g)(4). Class IV............................ 1.1 1.1 1.5 1.1 Class V............................. 1.1 1.1 1.5 1.1 ---------------------------------------------------------------------------------------------------------------- 1 Two-stroke technologies to which these assigned deterioration factors apply include conventional two-strokes, compression wave designs, and stratified scavenging designs. (4) Formula for calculating deterioration factors for engines with aftertreatment: DF = [(NE * EDF)-(CC * F)]/(NE-CC) Where: DF = deterioration factor. NE = new engine emission levels prior to the catalyst (g/kW-hr) EDF = deterioration factor for engines without catalyst as shown in Table 1 or Table 2 of this paragraph (g) CC = amount converted at 0 hours in g/kW-hr. F = 0.8 for HC (NMHC), 0.0 for NOX. and 0.8 for CO for all classes of engines. (h)(1) Manufacturers shall obtain an assigned df or calculate a df, as appropriate, for each regulated pollutant for all Phase 2 engine families. Such dfs shall be used for certification, production line testing, and Selective Enforcement Auditing. (2) For engines not using assigned dfs from Table 1 or Table 2 of paragraph (g) of this section, dfs shall be determined as follows: (i) On at least one test engine representing the configuration chosen to be the most likely to exceed HC+NOX (NMHC+NOX) emission standards, (FELs where applicable), and constructed to be representative of production engines pursuant to §90.117, conduct full Federal test procedure emission testing pursuant to the regulations of subpart E of this part at the number of hours representing stabilized emissions pursuant to §90.118. If more than one engine is tested, average the results and round to the same number of decimal places contained in the applicable standard, expressed to one additional significant figure; (ii) Conduct such emission testing again following aging the engine. The aging procedure should be designed to allow the manufacturer to appropriately predict the in-use emission deterioration expected over the useful life of the engine, taking into account the type of wear and other deterioration mechanisms expected under typical consumer use which could affect emissions performance. If more than one engine is tested, average the results and round to the same number of decimal places contained in the applicable standard, expressed to one additional significant figure; (iii) Divide the full useful life emissions (average emissions, if applicable) for each regulated pollutant by the stabilized emissions (average emissions, if applicable) and round to two significant figures. The resulting number shall be the df, unless it is less than 1.0, in which case the df shall be 1.0. (iv) At the manufacturer's option additional emission test points can be scheduled between the stabilized emission test point and the full useful life test period. If intermediate tests are scheduled, the test points must be evenly spaced over the full useful life period (plus or minus 2 hours) and one such test point shall be at one-half of full useful life (plus or minus 2 hours). For each pollutant HC+NOX (NMHC+NOX) and CO, a line must be fitted to the data points treating the initial test as occurring at hour zero, and using the method of least-squares. The deterioration factor is the calculated emissions durability period divided by the calculated emissions at zero hours. (3) EPA may reject a df if it has evidence that the df is not appropriate for that family within 30 days of receipt from the manufacturer. The manufacturer must retain actual emission test data to support its choice of df and furnish that data to the Administrator upon request. Manufacturers may request approval by the Administrator of alternate procedures for determining deterioration. Any submitted df not rejected by EPA within 30 days shall be deemed to have been approved. (4) Calculated deterioration factors may cover families and model years in addition to the one upon which they were generated if the manufacturer submits a justification acceptable to the Administrator in advance of certification that the affected engine families can be reasonably expected to have similar emission deterioration characteristics. (5) Engine families that undergo running changes need not generate a new df if the manufacturer submits a justification acceptable to the Administrator concurrent with the running change that the affected engine families can be reasonably expected to have similar emission deterioration characteristics. [60 FR 34598, July 3, 1995, as amended by 64 FR 15237, Mar. 30, 1999; 65 FR 24306, Apr. 25, 2000] § 90.105 Useful life periods for Phase 2 engines. top (a) Manufacturers shall declare the applicable useful life category for each engine family at the time of certification as described in this section. Such category shall be the category which most closely approximates the expected useful lives of the equipment into which the engines are anticipated to be installed as determined by the engine manufacturer. Manufacturers shall retain data appropriate to support their choice of useful life category for each engine family. Such data shall be furnished to the Administrator upon request. (1) For nonhandheld engines: Manufacturers shall select a useful life category from Table 1 of this section at the time of certification. Engines with gross power output greater than 19 kW that have an engine displacement less than or equal to one liter that optionally certify under this part as allowed in §90.1(a), must certify to a useful life period of 1,000 hours. (2) Table 1 follows: Table 1: Useful Life Categories for Nonhandheld Engines [hours] ------------------------------------------------------------------------ ------------------------------------------------------------------------ Class I........................................... 125 250 500 Class II.......................................... 250 500 1000 Class I-A......................................... 50 125 300 Class I-B......................................... 125 250 500 ------------------------------------------------------------------------ (3) For handheld engines: Manufacturers shall select a useful life category from Table 2 of this paragraph (a) at the time of certification. (4) Table 2 follows: Table 2: Useful Life Categories for Handheld Engines (Hours) ------------------------------------------------------------------------ ------------------------------------------------------------------------ Class III.......................................... 50 125 300 Class IV........................................... 50 125 300 Class V............................................ 50 125 300 ------------------------------------------------------------------------ (5) Data to support a manufacturer's choice of useful life category, for a given engine family, may include but are not limited to: (i) Surveys of the life spans of the equipment in which the subject engines are installed; (ii) Engineering evaluations of field aged engines to ascertain when engine performance deteriorates to the point where usefulness and/or reliability is impacted to a degree sufficient to necessitate overhaul or replacement; (iii) Warranty statements and warranty periods; (iv) Marketing materials regarding engine life; (v) Failure reports from engine customers; and (vi) Engineering evaluations of the durability, in hours, of specific engine technologies, engine materials or engine designs. (b) [Reserved] [64 FR 15238, Mar. 30, 1999, as amended at 65 FR 24307, Apr. 25, 2000] § 90.106 Certificate of conformity. top (a)(1) Except as provided in §90.2(b), every manufacturer of new engines produced during or after model year 1997 must obtain a certificate of conformity covering such engines; however, engines manufactured during an annual production period beginning prior to September 1, 1996 are not required to be certified. (2) Except as required in paragraph (b)(3) of this section, Class II engines manufactured during an annual production period beginning prior to September 1, 2000 are not required to meet Phase 2 requirements. (b)(1) The annual production period begins either when an engine family is first produced or on January 2 of the calendar year preceding the year for which the model year is designated, whichever date is later. The annual production period ends either when the last engine is produced or on December 31 of the calendar year for which the model year is named, whichever date is sooner. (2) Notwithstanding paragraph (b)(1) of this section, annual production periods beginning prior to September 1, 1996 may not exceed 12 months in length. (3) Manufacturers who commence an annual production period for a Class II engine family between January 1, 2000 and September 1, 2000 must meet Phase 2 requirements for that family only if that production period will exceed 12 months in length. (c) Except as provided in paragraph (d) of this section, a certificate of conformity is deemed to cover the engines named in such certificate and produced during the annual production period, as defined in paragraph (b) of this section. (d) Except as provided in paragraph (e) of this section, the certificate of conformity must be obtained from the Administrator prior to selling, offering for sale, introducing into commerce, or importing into the United States the new engine. Engines produced prior to the effective date of a certificate of conformity may also be covered by the certificate, once it is effective, if the following conditions are met: (1) The engines conform in all respects to the engines described in the application for the certificate of conformity. (2) The engines are not sold, offered for sale, introduced into commerce, or delivered for introduction into commerce prior to the effective date of the certificate of conformity. (3) EPA is notified prior to the beginning of production when such production will start, and EPA is provided a full opportunity to inspect and/or test the engines during and after their production. EPA must have the opportunity to conduct SEA production line testing as if the vehicles had been produced after the effective date of the certificate. (e) Engines that are certified by EPA prior to January 2, 1996 for model year 1997 may be delivered for introduction into commerce prior to January 2, 1996 once a certificate of conformity has been issued. (f) Engines imported by an original equipment manufacturer after December 31 of the calendar year for which the model year is named are still covered by the certificate of conformity as long as the production of the engine was completed before December 31 of that year. [60 FR 34598, July 3, 1995, as amended at 64 FR 15238, Mar. 30, 1999] § 90.107 Application for certification. top (a) For each engine family, the engine manufacturer must submit to the Administrator a completed application for a certificate of conformity. (b) The application must be approved and signed by the authorized representative of the manufacturer. (c) The application must be updated and corrected by amendment as provided in §90.122 to accurately reflect the manufacturer's production. (d) Required content. Each application must include the following information: (1) A description of the basic engine design including, but not limited to, the engine family specifications; (2) An explanation of how the emission control system operates, including a detailed description of all emission control system components (Detailed component calibrations are not required to be included; they must be provided if requested, however.), each auxiliary emission control device (AECD), and all fuel system components to be installed on any production or test engine(s); (3) Proposed test engine(s) selection and the rationale for the test engine(s) selection; (4) Special or alternate test procedures, if applicable; (5) The service accumulation period necessary to break in the test engine(s) and stabilize emission levels; (6) A description of all adjustable operating parameters including the following: (i) The nominal or recommended setting and the associated production tolerances; (ii) The intended physically adjustable range; (iii) The limits or stops used to establish adjustable ranges; (iv) Production tolerances of the limits or stops used to establish each physically adjustable range; (v) Information relating to why the physical limits or stops used to establish the physically adjustable range of each parameter, or any other means used to inhibit adjustment, are effective in preventing adjustment of parameters to settings outside the manufacturer's intended physically adjustable ranges on in-use engines; and (vi) Information relating to altitude kits to be certified, including: a description of the altitude kit; appropriate part numbers; the altitude ranges at which the kits must be installed on or removed from the engine for proper emissions and engine performance; statements to be included in the owner's manual for the engine/equipment combination (and other maintenance related literature) that: declare the altitude ranges at which the kit must be installed or removed; and state that the operation of the engine/equipment at an altitude that differs from that at which it was certified, for extended periods of time, may increase emissions; and a statement that an engine with the altitude kit installed will meet each emission standard throughout its useful life (the rationale for this assessment must be documented and retained by the manufacturer, and provided to the Administrator upon request); (7) The proposed engine information label; (8) All test data obtained by the manufacturer on each test engine; (9) A statement that the test engine(s), as described in the manufacturer's application for certification, has been tested in accordance with the applicable test procedures, utilizing the fuels and equipment required under subparts D and E of this part, and that on the basis of such tests the engine(s) conforms to the requirements of this part; (10) An unconditional statement certifying that all engines in the engine family comply with all requirements of this part and the Clean Air Act; (11) This paragraph (d)(11) is applicable only to Phase 2 engines. (i) Engine manufacturers participating in the averaging, banking and trading program as described in subpart C of this part shall declare the applicable Family Emission Limit (FEL) for HC+NOX (NMHC+NOX). (ii) Provide the applicable useful life as determined under §90.105. (e)(1) In addition to the information specified in paragraph (d) of this section, manufacturers of two-stroke lawnmower engines must submit with their application for a certificate of conformity: (i) For model year 1997, information establishing the highest number of two-stroke lawnmower engines produced in a single annual production period from 1992 through 1994. This number will be known as the production baseline. (ii) For model years 1998 through 2002, information documenting the previous year's production and projected production for the current year. (2) In model year 1997, two-stroke lawnmower engine manufacturers may produce up to 100 percent of their production baseline established under paragraph (e)(1)(i) of this section. (3) In model year 1998, two-stroke lawnmower engine manufacturers may produce up to 75 percent of their production baseline. (4) From model years 1999 through 2002, two-stroke lawnmower engine manufacturers may produce up to 50 percent of their production baseline. (5) In model year 2003, two-stroke lawnmower engine manufacturers must meet class I or II standards specified in §90.103(a). If in model year 2003 those standards have been superseded by Phase 2 standards, two-stroke lawnmower engine manufacturers must meet the Phase 2 standards that are equivalent to the class I or II standards. (f) At the Administrator's request, the manufacturer must supply such additional information as may be required to evaluate the application including, but not limited to, projected nonroad engine production. (g)(1) The Administrator may modify the information submission requirements of paragraph (d) of this section, provided that all of the information specified therein is maintained by the engine manufacturer as required by §90.121, and amended, updated, or corrected as necessary. (2) For the purposes of this paragraph, §90.121(a)(1) includes all information specified in paragraph (d) of this section whether or not such information is actually submitted to the Administrator for any particular model year. (3) The Administrator may review an engine manufacturer's records at any time. At the Administrator's discretion, this review may take place either at the manufacturer's facility or at another facility designated by the Administrator. (h)(1) The Administrator may, upon receipt of a written request from an equipment manufacturer, accompanied by sufficient documentation, permit two stroke engines produced for nonhandheld equipment other than lawnmowers to meet the standards specified in §90.103(a)(3) under the schedule outlined in paragraph (e) of this section. The equipment manufacturer must demonstrate to the satisfaction of the Administrator that: (i) Four stroke engines for such equipment are not available with suitable physical or performance characteristics; and (ii) The equipment can not be converted to use four stroke engines without substantial redesign for which additional lead time is necessary to avoid economic hardship. (2) The Administrator may waive the phase-in percentages of paragraphs (e)(3) and (e)(4) of this section for engines used in low volume nonhandheld equipment other than lawnmowers where the equipment manufacturer demonstrates to the satisfaction of the Administrator that compliance with the production cap is not economically feasible. [60 FR 34598, July 3, 1995, as amended at 61 FR 20742, May 8, 1996; 62 FR 42643, Aug. 7, 1997; 64 FR 15238, Mar. 30, 1999; 65 FR 24307, Apr. 25, 2000] § 90.108 Certification. top (a) If, after a review of the manufacturer's submitted application, information obtained from any inspection, and such other information as the Administrator may require, the Administrator determines that the application is complete and that the engine family meets the requirements of this part and the Clean Air Act, the Administrator shall issue a certificate of conformity. (b) The Administrator shall give a written explanation when certification is denied. The manufacturer may request a hearing on a denial. (See §90.124 for procedure.) (c) For certificates issued for engine families included in the averaging, banking and trading program as described in subpart C of this part: (1) Failure to comply with all applicable averaging, banking and trading provisions in this part will be considered to be a failure to comply with the terms and conditions upon which the certificate was issued, and the certificate may be determined to be void ab initio. (2) The manufacturer shall bear the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was granted were satisfied or waived. (d) The Administrator may, upon request by a manufacturer, waive any requirement of this part otherwise necessary for the issuance of a certificate. The Administrator may set such conditions in a certificate as he or she deems appropriate to assure that the waived requirements are either satisfied or are demonstrated, for the subject engines, to be inappropriate, irrelevant or met by the application of a different requirement under this chapter. The Administrator may indicate on such conditional certificates that failure to meet these conditions may result in suspension or revocation or the voiding ab initio of the certificate. [60 FR 34598, July 3, 1995, as amended at 64 FR 15238, Mar. 30, 1999] § 90.109 Requirement of certification—closed crankcase. top (a) An engine's crankcase must be closed. (b) For purposes of this section, “crankcase” means the housing for the crankshaft and other related internal parts. (c) Notwithstanding paragraph (a) of this section, the Administrator will allow open crankcases for engines used exclusively to power snowthrowers based upon a manufacturer's demonstration that all applicable emission standards will be met by the engine for the combination of emissions from the crankcase, and exhaust emissions measured using the procedures in subpart E of this part. This demonstration may be made based upon best engineering judgment. Upon request of the Administrator, the manufacturer must provide an explanation of any procedure or methodology used to determine that the total CO emissions from the crankcase and the exhaust are below the applicable standard for CO. [60 FR 34598, July 3, 1995, as amended at 61 FR 58301, Nov. 13, 1996] § 90.110 Requirement of certification—prohibited controls. top (a) An engine may not be equipped with an emission control device, system, or element of design for the purpose of complying with emission standards if such device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function. (b) You may not design your engines with emission-control devices, systems, or elements of design that cause or contribute to an unreasonable risk to public health, welfare, or safety while operating. For example, this would apply if the engine emits a noxious or toxic substance it would otherwise not emit that contributes to such an unreasonable risk. [60 FR 34598, July 3, 1995, as amended at 67 FR 68340, Nov. 8, 2002] § 90.111 Requirement of certification—prohibition of defeat devices. top (a) An engine may not be equipped with a defeat device. (b) For purposes of this section, “defeat device” means any device, system, or element of design which senses operation outside normal emission test conditions and reduces emission control effectiveness. (1) Defeat device includes any auxiliary emission control device (AECD) that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal operation and use unless such conditions are included in the test procedure. (2) Defeat device does not include such items which either operate only during engine starting or are necessary to protect the engine (or vehicle in which it is installed) against damage or accident during its operation. § 90.112 Requirement of certification—adjustable parameters. top (a) Engines equipped with adjustable parameters must comply with all requirements of this subpart for any specification within the physically available range. (b) An operating parameter is not considered adjustable if it is permanently sealed by the manufacturer or otherwise not normally accessible using ordinary tools. (c) The Administrator may require that adjustable parameters be set to any specification within the adjustable range during certification or a selective enforcement audit to determine compliance with the requirements of this subpart. § 90.113 In-use testing program for Phase 1 engines. top (a) This section applies only to Phase 1 engines. In-use testing provisions for Phase 2 engines are found in subpart M of this part. At the time of certification the engine manufacturer may propose which engine families should be included in an in-use test program. EPA will approve a manufacturer's test program if the selected engine families represent an adequate consideration of the elements listed in paragraphs (b) and (c) of this section. (b) Number of engines to be tested. The number of engines to be tested by a manufacturer is determined by the following method: (1) For an engine manufacturer with total projected annual production of more than 75,000 engines destined for the United States market for that model year, the minimum number of engines to be tested may be the lowest of the numbers determined in paragraph (b)(1)(i), (ii) or (iii) of this section: (i) Divide the manufacturer's total projected annual production of small SI engines destined for the United States market for that model year by 50,000, and round to the nearest whole number; (ii) Test five engines each from 25 percent of all engine families certified in that model year; and (iii) Test three engines each from 50 percent of all engine families certified in that model year. (2) An engine manufacturer with total projected annual production of 75,000 engines or less destined for the United States market for that model year may test a minimum of two engines. (c) Criteria for selecting test engines. An engine manufacturer may select test engines from engine families utilizing the following criteria and in the order specified: (1) Engine families using emission control technology which most likely will be used on Phase 2 engines; (2) Engine families using aftertreatment; (3) Engine families certified to different emission standards; (4) Different engine designs (such as sidevalve head versus overhead valve engines); (5) Engine families using emission control technology specifically installed to achieve compliance with emission standards of this part; (6) The engine family with the highest projected annual sales; and (7) Engine families which meet the above criteria, but have not been included in prior model year in-use testing programs as required by these provisions. (d) Collection of in-use engines. An engine manufacturer may procure in-use engines which have been operated for between half and three-quarters of the engine's advertised (or projected) useful life. All testing may be completed within three years from the date the certificate is first issued for an engine family undergoing in-use testing. (1) Test engines may be procured from sources not associated with the engine manufacturer or vehicle manufacturer, except that with prior approval of the Administrator, an engine manufacturer with annual sales of less than 50,000 engines may obtain in-use engines associated with itself or its vehicle manufacturer. (2) A test engine should have a maintenance history representative of actual in-use conditions. (i) A manufacturer may question the end user regarding the accumulated usage, maintenance, operating conditions, and storage of the test engines. (ii) Documents used in the procurement process may be maintained as required in §90.121. (3) Maintenance and testing of test engines. (i) The manufacturer may perform minimal set-to-spec maintenance on a test engine. Maintenance may include only that which is listed in the owner's instructions for engines with the amount of service and age of the acquired test engine. (ii) Documentation of all maintenance and adjustments may be maintained and retained as required by §90.121. (4) One valid emission test may be conducted for each in-use engine. (5) If a selected in-use engine fails to comply with any applicable certification emission standard, the manufacturer may determine the reason for noncompliance. The manufacturer may report all determinations for noncompliance in its annual in-use test result report as described below. (e) In-use test program reporting. The manufacturer may submit to the Administrator by January 30 of each calendar year all emission testing results generated from in-use testing. The following information may be reported for each test engine: (1) Engine family; (2) Model; (3) Engine serial number; (4) Date of manufacture; (5) Estimated hours of use; (6) Results of all emission testing; (7) Summary of all maintenance and/or adjustments performed; (8) Summary of all modifications and/or repairs; and (9) Determinations of compliance and/or noncompliance. (f) The Administrator may approve and/or suggest modifications to a manufacturer's in-use testing program. [60 FR 34598, July 3, 1995, as amended at 64 FR 15239, Mar. 30, 1999] § 90.114 Requirement of certification—engine information label. top (a) The engine manufacturer must affix at the time of manufacture a permanent and legible label identifying each nonroad engine. The label must meet the following requirements: (1) Be attached in such a manner that it cannot be removed without destroying or defacing the label; (2) Be durable and readable for the entire engine life; (3) Be secured to an engine part necessary for normal engine operation and not normally requiring replacement during engine life; (4) Be written in English; and (5) Be located so as to be readily visible to the average person after the engine is installed in the vehicle. (b) If the nonroad vehicle obscures the label on the engine, the nonroad vehicle manufacturer must attach a supplemental label so that this label is readily visible to the average person. The supplemental label must: (1) Be attached in such a manner that it cannot be removed without destroying or defacing the label; (2) Be secured to a vehicle part necessary for normal operation and not normally requiring replacement during the vehicle life; and (3) Be identical in content to the label which was obscured. (c) The label must contain the following information: (1) The heading “Important Engine Information;” (2) The full corporate name and trademark of the engine manufacturer; (3) The statement, “This (specify vehicle or engine, as applicable) is certified to operate on (specify operating fuel(s));” (4) Identification of the Exhaust Emission Control System (Abbreviations may be used and must conform to the nomenclature and abbreviations provided in the Society of Automotive Engineers procedure J1930, “Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations and Acronyms,” September 1991. This procedure has been incorporated by reference. See §90.7.); (5) All engine lubricant requirements; (6) Date of engine manufacture [day (optional), month and year]; (7) The statement “This engine conforms to [model year] U.S. EPA regulations for small nonroad engines.”; (8) EPA standardized engine family designation; (9) Engine displacement [in cubic centimeters]; (10) Other information concerning proper maintenance and use or indicating compliance or noncompliance with other standards may be indicated on the label; (11) For Phase 2 engines, the useful life category as determined by the manufacturer pursuant to §90.105. Such useful life category shall be shown by one of the following statements to be appended to the statement required under paragraph (c)(7) of this section: (i) “EMISSIONS COMPLIANCE PERIOD: [useful life] HOURS”; or (ii) “EMISSIONS COMPLIANCE PERIOD: CATEGORY [fill in C, B or A as indicated and appropriate from the tables in §90.105], REFER TO OWNER'S MANUAL FOR FURTHER INFORMATION”; (d) If there is insufficient space on the engine (or on the vehicle where a supplemental label is required under paragraph (b) of this section) to accommodate a label including all the information required in paragraph (c) of this section, the manufacturer may delete or alter the label as indicated in this paragraph. The information deleted from the label must appear in the owner's manual. (1) Exclude the information required in paragraphs (c)(3), (4), and (5) of this section. The fuel or lubricant may be specified elsewhere on the engine. (2) Exclude the information required by paragraph (c)(6) of this section, if the date the engine was manufactured is stamped on the engine. (e) The Administrator may, upon request, waive or modify the label content requirements of paragraphs (c) and (d) of this section, provided that the intent of such requirements is met. (f) Manufacturers electing to use the labeling language of paragraph (c)(11)(ii) of this section must provide in the documents intended to be conveyed to the ultimate purchaser, the statement: (1) For nonhandheld engines: The Emissions Compliance Period referred to on the Emissions Compliance label indicates the number of operating hours for which the engine has been shown to meet Federal emission requirements. For engines less than 66 cc, Category C=50 hours, B=125 hours, and A=300 hours. For engines equal to or greater than 66 cc but less than 225 cc displacement, Category C=125 hours, B=250 hours, and A=500 hours. For engines of 225 cc or more, Category C=250 hours, B=500 hours, and A=1000 hours. (2) For handheld engines: The Emissions Compliance Period referred to on the Emissions Compliance label indicates the number of operating hours for which the engine has been shown to meet Federal emission requirements. Category C=50 hours, B=125 hours, and A=300 hours. (3) The manufacturer must provide, in the same document as the statement in paragraph (f)(1) or (f)(2) of this section, a statement of the engine's displacement or an explanation of how to readily determine the engine's displacement. The Administrator may approve alternate language to the statement in paragraph (f)(1) or (f)(2) of this section, provided that the alternate language provides the ultimate purchaser with a clear description of the number of hours represented by each of the three letter categories for the subject engine's displacement. [60 FR 34598, July 3, 1995, as amended at 64 FR 15239, Mar. 30, 1999; 65 FR 24307, Apr. 25, 2000] § 90.115 Requirement of certification—supplying production engines upon request. top Upon the Administrator's request, the manufacturer must supply a reasonable number of production engines for testing and evaluation. These engines must be representative of typical production and supplied for testing at such time and place and for such reasonable periods as the Administrator may require. § 90.116 Certification procedure—determining engine displacement, engine class, and engine families. top (a) Engine displacement must be calculated using nominal engine values and rounded to the nearest whole cubic centimeter in accordance with ASTM E29–93a. This procedure has been incorporated by reference. See §90.7. (1) Class I-A—nonhandheld equipment engines less than 66 cc in displacement; (2) Class I-B—nonhandheld equipment engines greater than or equal to 66 cc but less than 100 cc in displacement; (3) Class I—nonhandheld equipment engines greater than or equal to 100 cc but less than 225 cc in displacement; (4) Class II—nonhandheld equipment engines greater than or equal to 225 cc in displacement; (5) Class III—handheld equipment engines less than 20 cc in displacement, (6) Class IV—handheld equipment engines equal or greater than 20 cc but less than 50 cc in displacement, and (7) Class V—handheld equipment engines equal to or greater than 50 cc in displacement. (c) The manufacturer's product line will be divided into groupings of engine families as specified by paragraph (d) of this section. (d) To be classed in the same engine family, engines must be identical in all of the following applicable respects: (1) The combustion cycle; (2) The cooling mechanism; (3) The cylinder configuration (inline, vee, opposed, bore spacings, and so forth); (4) The number of cylinders; (5) The engine class; (6) The location of valves, where applicable, with respect to the cylinder (e.g. side valves or overhead valves); (7) The number of catalytic converters, location, volume and composition; (8) The thermal reactor characteristics; (9) The fuel required (e.g. gasoline, natural gas, LPG); and (10) The useful life category. (e) At the manufacturer's option, engines identical in all the respects listed in paragraph (d) of this section may be further divided into different engine families if the Administrator determines that they may be expected to have different emission characteristics. This determination is based upon the consideration of features such as: (1) The bore and stroke; (2) The combustion chamber configuration; (3) The intake and exhaust timing method of actuation (poppet valve, reed valve, rotary valve, and so forth); (4) The intake and exhaust valve or port sizes, as applicable; (5) The fuel system; (6) The exhaust system; and (7) The method of air aspiration. (f) Where engines are of a type which cannot be divided into engine families based upon the criteria listed in paragraph (d) of this section, the Administrator will establish families for those engines based upon the features most related to their emission characteristics. [60 FR 34598, July 3, 1995, as amended at 64 FR 15239, Mar. 30, 1999; 65 FR 24308, Apr. 25, 2000] § 90.117 Certification procedure—test engine selection. top (a) For Phase 1 engines, the manufacturer must select, from each engine family, a test engine that the manufacturer determines to be most likely to exceed the emission standard. For Phase 2 engines, the manufacturer must select, from each engine family, a test engine of a configuration that the manufacturer determines to be most likely to exceed the HC+NOX (NMHC+NOX) Family Emission Limit (FEL), or HC+NOX (NMHC+NOX) standard if no FEL is applicable. (b) The test engine must be constructed to be representative of production engines. [60 FR 34598, July 3, 1995, as amended at 64 FR 15239, Mar. 30, 1999] § 90.118 Certification procedure—service accumulation and usage of deterioration factors. top (a)(1) The test engine must be operated with all emission control systems operating properly for a period sufficient to stabilize emissions. (2) The period sufficient to stabilize emissions may not exceed 12 hours. (b) No maintenance, other than recommended lubrication and filter changes, may be performed during service accumulation without the Administrator's approval. (c) Service accumulation is to be performed in a manner using good engineering judgment to ensure that emissions are representative of production engines. (d) The manufacturer must maintain, and provide to the Administrator if requested, records stating the rationale for selecting a service accumulation period less than 12 hours and records describing the method used to accumulate hours on the test engine(s). (e) For purposes of establishing whether Phase 2 engines comply with applicable exhaust emission standards or FELs, the test results for each regulated pollutant as measured pursuant to §90.119 shall be multiplied by the applicable df determined under §90.104 (g) or (h). The product of the two numbers shall be rounded to the same number of decimal places contained in the applicable standard, and compared against the applicable standard or FEL, as appropriate. [60 FR 34598, July 3, 1995, as amended at 61 FR 20742, May 8, 1996; 64 FR 15239, Mar. 30, 1999] § 90.119 Certification procedure—testing. top (a) Manufacturer testing. The manufacturer must test the test engine using the specified test procedures and appropriate test cycle. All test results must be reported to the Administrator. (1) The test procedure to be used is detailed in Subpart E of this part. (i) Class I and II engines must use the test cycle that is appropriate for their application. Engines that operate only at intermediate speed must use Test Cycle A, which is described in Table 2 of Appendix A to subpart E of this part. Engines that operate only at rated speed must use Test Cycle B, which is described in Table 2 of Appendix A to subpart E of this part. If an engine family includes engines used in both rated-speed and intermediate-speed applications, the manufacturer must select the duty cycle that will result in worst-case emission results for certification. For any testing after certification, the engine must be tested using the most appropriate test cycle based on the engine's installed governor. (ii) Class I-A, III, IV, and V engines must use Test Cycle C described in subpart E of this part. (2) Emission test equipment provisions are described in subpart D of this part. (b) Administrator testing. (1) The Administrator may require that any one or more of the test engines be submitted to the Administrator, at such place or places as the Administrator may designate, for the purposes of conducting emission tests. The Administrator may specify that testing will be conducted at the manufacturer's facility, in which case instrumentation and equipment specified by the Administrator must be made available by the manufacturer for test operations. Any testing conducted at a manufacturer's facility must be scheduled by the manufacturer as promptly as possible. (2)(i) Whenever the Administrator conducts a test on a test engine, the results of that test will, unless subsequently invalidated by the Administrator, comprise the official data for the engine and the manufacturer's data will not be used in determining compliance with emission standards. (ii) Prior to the performance of such test, the Administrator may adjust or cause to be adjusted any adjustable parameter of the test engine which the Administrator has determined to be subject to adjustment for certification testing, to any setting within the physically adjustable range of that parameter, to determine whether such engine conforms to applicable emission standards. (iii) For those engine parameters which the Administrator has not determined to be subject to adjustment for certification testing, the test engine presented to the Administrator for testing will be calibrated within the production tolerances applicable to the manufacturer specification shown on the engine label or in the owner's manual, as specified in the application for certification. (c) Use of carryover test data. In lieu of testing, the manufacturer may submit, with the Administrator's approval, emission test data used to certify substantially similar engine families in previous years. This “carryover” test data is only allowable if the data shows the test engine would fully comply with the emission standards for the applicable class. (d) Scheduled maintenance during testing. No scheduled maintenance may be performed during testing of the engine. (e) Unscheduled maintenance on test engines. (1) Manufacturers may not perform any unscheduled engine, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement on a test engine without the advance approval of the Administrator. (2) The Administrator may approve unscheduled maintenance if: (i) A preliminary determination has been made that a part failure or system malfunction, or the repair of such failure or malfunction, does not render the engine unrepresentative of engines in use, and does not require direct access to the combustion chamber; and (ii) A determination has been made that the need for maintenance or repairs is indicated by an overt malfunction such as persistent misfire, engine stall, overheating, fluid leakage, or loss of oil pressure. (3) Emission measurements may not be used as a means of determining the need for unscheduled maintenance under paragraph (e)(2) of this section. (4) The Administrator must have the opportunity to verify the extent of any overt indication of part failure (for example, misfire, stall), or an activation of an audible and/or visual signal, prior to the manufacturer performing any maintenance related to such overt indication or signal. (5) Unless approved by the Administrator prior to use, engine manufacturers may not use any equipment, instruments, or tools to identify malfunctioning, maladjusted, or defective engine components unless the same or equivalent equipment, instruments, or tools are available at dealerships and other service outlets and are used in conjunction with scheduled maintenance on such components. (6) If the Administrator determines that part failure or system malfunction occurrence and/or repair rendered the engine unrepresentative of production engines, the engine cannot be used as a test engine. (7) Unless waived by the Administrator, complete emission tests are required before and after any engine maintenance which may reasonably be expected to affect emissions. (f) Engine failure. A manufacturer may not use as a test engine any engine which incurs major mechanical failure necessitating disassembly of the engine. This prohibition does not apply to failures which occur after completion of the service accumulation period. [60 FR 34598, July 3, 1995, as amended at 65 FR 24308, Apr. 25, 2000; 70 FR 40448, July 13, 2005] § 90.120 Certification procedure—use of special test procedures. top (a) Use of special test procedures by EPA. The Administrator may establish special test procedures for any engine that the Administrator determines is not susceptible to satisfactory testing under the specified test procedures set forth in subpart E of this part. (b)(1) Use of alternate test procedures by an engine manufacturer. A manufacturer may elect to use an alternate test procedure provided that it yields results equal to the results from the specified test procedure in subpart E, its use is approved in advance by the Administrator, and the basis for equivalent results with the specified test procedure is fully described in the manufacturer's application. (2) An engine manufacturer electing to use alternate test procedures is solely responsible for the results obtained. The Administrator may reject data generated under test procedures which do not correlate with data generated under the specified procedures. (3) [Reserved] (4) Where we specify mandatory compliance with the procedures of 40 CFR part 1065, manufacturers may elect to use the procedures specified in 40 CFR part 86, subpart N, as an alternate test procedure without advance approval by the Administrator. (c) Optional procedures approved during Phase 1 can be carried over to Phase 2, following advance approval by the Administrator, to the extent the alternate procedure continues to yield results equal to the results from the specified test procedures in subpart E of this part. [60 FR 34598, July 3, 1995, as amended at 64 FR 15239, Mar. 30, 1999; 70 FR 40448, July 13, 2005] § 90.121 Certification procedure—recordkeeping. top (a) The engine manufacturer must maintain the following adequately organized records: (1) Copies of all applications filed with the Administrator; (2) A copy of all data obtained through the in-use testing program; and (3) A detailed history of each test engine used for certification including the following: (i) A description of the test engine's construction, including a general description of the origin and buildup of the engine, steps taken to insure that it is representative of production engines, description of components specially built for the test engine, and the origin and description of all emission-related components; (ii) A description of the method used for engine service accumulation, including date(s) and the number of hours accumulated; (iii) A description of all maintenance, including modifications, parts changes, and other servicing performed, and the date(s), and reason(s) for such maintenance; (iv) A description of all emission tests performed including routine and standard test documentation, as specified in subpart E of this part, date(s), and the purpose of each test; (v) A description of all tests performed to diagnose engine or emission control performance, giving the date and time of each and the reason(s) for the test; and (vi) A description of any significant event(s) affecting the engine during the period covered by the history of the test engine but not described by an entry under one of the previous paragraphs of this section. (b) Routine emission test data, such as those reporting test cell temperature and relative humidity at start and finish of test and raw emission results from each mode or test phase, must be retained for a period of one year after issuance of all certificates of conformity to which they relate. All other information specified in paragraph (a) of this section must be retained for a period of eight years after issuance of all certificates of conformity to which they relate. (c) Records may be kept in any format and on any media, provided that, at the Administrator's request, organized, written records in English are promptly supplied by the manufacturer. (d) The manufacturer must supply, at the Administrator's request, copies of any engine maintenance instructions or explanations issued by the manufacturer. § 90.122 Amending the application and certificate of conformity. top (a) The engine manufacturer must notify the Administrator when either an engine is to be added to a certificate of conformity, an FEL is to be changed, or changes are to be made to a product line covered by a certificate of conformity. Notification occurs when the manufacturer submits an amendment to the original application prior to either producing such engines or making such changes to a product line. (b) The amendment must request that the engine manufacturer's existing certificate of conformity be amended and include the following information: (1) A full description of the engine to be added or the change(s) to be made in production; (2) The manufacturer's proposed test engine selection(s); and (3) Engineering evaluations or reasons why the original test engine is or is not still appropriate. (c) The Administrator may require the engine manufacturer to perform tests on an engine representing the engine to be added or changed. (d) Decision by Administrator. (1) Based on the submitted amendment and data derived from such testing as the Administrator may require or conduct, the Administrator must determine whether the proposed addition or change would still be covered by the certificate of conformity then in effect. (2) If the Administrator determines that the new or changed engine(s) meets the requirements of this subpart and the Act, the appropriate certificate of conformity will be amended. (3) If the Administrator determines that the proposed amendment would not be covered by the certificate of conformity, the Administrator must provide a written explanation to the engine manufacturer of his or her decision not to amend the certificate. The manufacturer may request a hearing on a denial. (4) If the Administrator determines that a revised FEL meets the requirements of this subpart and the Act, the appropriate certificate of conformity will be amended, or a new certificate will be issued to reflect the revised FEL. The certificate of conformity is revised conditional upon compliance with §90.207(b). (e)(1) Alternatively, an engine manufacturer may make changes in or additions to production engines concurrently with amending the application for an engine family as set forth in paragraph (a) and (b) of this section. In these circumstances the manufacturer may implement the production change without EPA pre-approval provided the request for change together with all supporting emission test data, related engineering evaluations, and other supporting documentation is received at EPA within three working days of implementing the change. Such changes are ultimately still subject to the provisions of paragraphs (c) and (d) of this section. (2) If, after a review, the Administrator determines that additional testing or information is required, the engine manufacturer must provide required test data or information within 30 days or cease production of the affected engines. (3) If the Administrator determines that the affected engines do not meet applicable requirements, the Administrator will notify the engine manufacturer to cease production of the affected engines. [60 FR 34598, July 3, 1995, as amended at 64 FR 15239, Mar. 30, 1999; 69 FR 1833, Jan. 12, 2004] § 90.123 Denial, revocation of certificate of conformity. top (a) If, after review of the engine manufacturer's application, request for certification, information obtained from any inspection, and any other information the Administrator may require, the Administrator determines that the test engine does not meet applicable standards and requirements, the Administrator will notify the manufacturer in writing, setting forth the basis for this determination. (b) Notwithstanding the fact that engines described in the application may comply with all other requirements of this subpart, the Administrator may deny the issuance of or revoke a previously issued certificate of conformity if the Administrator finds any one of the following infractions to be substantial: (1) The engine manufacturer submits false or incomplete information; (2) The engine manufacturer denies an EPA enforcement officer or EPA authorized representative the opportunity to conduct authorized inspections; (3) The engine manufacturer fails to supply requested information or amend its application to include all engines being produced; (4) The engine manufacturer renders inaccurate any test data which it submits or otherwise circumvents the intent of the Act or this part; or (5) The engine manufacturer denies an EPA enforcement officer or EPA authorized representative reasonable assistance (as defined in §90.506). (c) If a manufacturer knowingly commits an infraction specified in paragraph (b)(1) or (b)(4) of this section or knowingly commits any fraudulent act which results in the issuance of a certificate of conformity, the Administrator may deem such certificate void ab initio. (d) When the Administrator denies or revokes a certificate of conformity, the engine manufacturer will be provided a written determination. The manufacturer may request a hearing on the Administrator's decision. (e) Any revocation of a certificate of conformity extends no further than to forbid the introduction into commerce of those engines previously covered by the certification which are still in the possession of the engine manufacturer, except in cases of such fraud or other misconduct that makes the certification void ab initio. § 90.124 Request for hearing. top (a) An engine manufacturer may request a hearing on the Administrator's denial or revocation of a certificate of conformity. (b) The engine manufacturer's request must be filed within 30 days of the Administrator's decision, be in writing, and set forth the manufacturer's objections to the Administrator's decision and data to support the objections. (c) If, after review of the request and supporting data, the Administrator finds that the request raises a substantial and factual issue, the Administrator will provide the engine manufacturer a hearing. § 90.125 Hearing procedures. top The hearing procedures set forth in §§90.513, 90.514, and 90.515 apply to this subpart. § 90.126 Right of entry and access. top Any engine manufacturer that has applied for certification of a new engine or engine family subject to certification testing under this subpart must admit or cause to be admitted to any applicable facilities during operating hours any EPA enforcement officer or EPA authorized representative as provided in §90.506. Subpart C—Certification Averaging, Banking, and Trading Provisions top Source: 64 FR 15239, Mar. 30, 1999, unless otherwise noted. § 90.201 Applicability. top The requirements of this subpart C are applicable to all Phase 2 spark-ignition engines subject to the provisions of subpart A of this part except as provided in §90.103(a). These provisions are not applicable to any Phase 1 engines. Participation in the averaging, banking and trading program is voluntary, but if a manufacturer elects to participate, it must do so in compliance with the regulations set forth in this subpart. The provisions of this subpart are applicable for HC+NOX (NMHC+NOX) emissions but not for CO emissions. § 90.202 Definitions. top The definitions in subpart A of this part apply to this subpart. The following definitions also apply to this subpart: Averaging means the exchange of emission credits between engine families within a given manufacturer's product line. Banking means the retention of emission credits by the manufacturer generating the emission credits or obtaining such credits through trading, for use in future model year averaging or trading as permitted in this part. Emission credits represent the amount of emission reduction or exceedance, by an engine family, below or above the applicable HC+NOX (NMHC+NOX) emission standard, respectively. FELs below the standard create “positive credits,” while FELs above the standard create “negative credits.” In addition, “projected credits” refer to emission credits based on the projected applicable production volume of the engine family. “Reserved credits” are emission credits generated within a model year waiting to be reported to EPA at the end of the model year. “Actual credits” refer to emission credits based on actual applicable production volume as contained in the end-of-year reports submitted to EPA. Some or all of these credits may be revoked if EPA review of the end-of-year reports or any subsequent audit action(s) reveals problems or errors of any nature with credit computations. Trading means the exchange of emission credits between manufacturers. § 90.203 General provisions. top (a) The certification averaging, banking, and trading provisions for HC+NOX and NMHC+NOX emissions from eligible engines are described in this subpart. (b) An engine family may use the averaging, banking and trading provisions for HC+NOX and NMHC+NOX emissions if it is subject to regulation under this part with certain exceptions specified in paragraph (c) of this section. HC+NOX and NMHC+NOX credits shall be interchangeable subject to the limitations on credit generation, credit usage, and other provisions described in this subpart. (c) A manufacturer shall not include in its calculation of credit generation and may exclude from its calculation of credit usage, any new engines: (1) Which are intended to be exported, unless the manufacturer has reason or should have reason to believe that such engines have been or will be imported in a piece of equipment; or (2) Which are subject to state engine emission standards pursuant to a waiver granted by EPA under section 209(e) of the Act, unless the manufacturer demonstrates to the satisfaction of the Administrator that inclusion of these engines in averaging, banking and trading is appropriate. (d) For an engine family using credits, a manufacturer may, at its option, include its entire production of that engine family in its calculation of credit usage for a given model year. (e) (1) A manufacturer may certify engine families at Family Emission Limits (FELs) above or below the applicable emission standard subject to the limitation in paragraph (f) of this section, provided the summation of the manufacturer's projected balance of credits from all calculations and credit transactions for all engine classes in a given model year is greater than or equal to zero, as determined under §90.207. Notwithstanding the previous sentence, a manufacturer may project a negative balance of credits as allowed under §90.207(c)(2). (2) A manufacturer of an engine family with an FEL exceeding the applicable emission standard must obtain positive emission credits sufficient to address the associated credit shortfall via averaging, banking, or trading. (3) A nonhandheld engine family with an FEL below the applicable emission standard may generate positive emission credits for averaging, banking, or trading, or a combination thereof. A handheld engine family with an FEL below the applicable emission standard may generate positive emission credits for averaging or trading. A handheld engine family meeting the requirements of §90.205(a)(4) or (5), whichever is applicable, may generate positive emission credits for banking. (4) In the case of a Selective Enforcement Audit (SEA) failure, credits may be used to cover subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL. Credits may not be used to remedy a nonconformity determined by an SEA, except that the Administrator may permit the use of credits to address a nonconformity determined by an SEA where the use of such credits is one component of a multi-part remedy for the previously produced engines and the remedy, including the use of credits and the quantity of credits being used, is such that the Administrator is satisfied that the manufacturer has strong and lasting incentive to accurately verify its new engine emission levels and will set or reset its FELs for current and future model years so that production line compliance is assured. (5) In the case of a production line testing (PLT) failure pursuant to subpart H of this part, a manufacturer may revise the FEL based upon production line testing results obtained under subpart H of this part and upon Administrator approval pursuant to §90.122(d). The manufacturer may use credits to cover both past production and subsequent production of the engines as needed as allowed under §90.207(c)(1). (f) No Phase 2 engine family may have a HC + NOX FEL that is greater than 32.2 g/kW-hr for Class I engines, 94 g/kW-hr for Class I-A engines, 50 g/kW-hr for Class I-B engines, 26.8 g/kW-hr for Class II engines, 336 g/kW-hr for Class III engines, 275 g/kW-hr for Class IV engines, or 186 g/kW-hr for Class V engines. (g)(1) Credits generated in a given model year by an engine family subject to the Phase 2 emission requirements may only be used in averaging, banking or trading, as appropriate, for any other engine family for which the Phase 2 requirements are applicable. Credits generated in one model year may not be used for prior model years, except as allowed under §90.207(c). (2) For the 2005 model year and for each subsequent model year, manufacturers of Class II engines must provide a demonstration that the production weighted average FEL for HC+NOX (including NMHC+NOX FELs), for all of the manufacturer's Class II engines, will not exceed 13.6 g/kW-hr for the 2005 model year, 13.1 g/kW-hr for the 2006 model year and 12.6 g/kW-hr for the 2007 and each subsequent Phase 2 model year. Such demonstration shall be subject to the review and approval of the Administrator, shall be provided at the time of the first Class II certification of that model year and shall be based on projected eligible production for that model year. (h) Manufacturers must demonstrate compliance under the averaging, banking, and trading provisions for a particular model year by 270 days after the end of the model year. Except as provided in §90.207(c), an engine family generating negative credits for which the manufacturer does not obtain or generate an adequate number of positive credits by that date from the same or previous model year engines will violate the conditions of the certificate of conformity. The certificate of conformity may be voided ab initio pursuant to §90.123 for this engine family. [64 FR 15239, Mar. 30, 1999, as amended at 65 FR 24308, Apr. 25, 2000; 69 FR 1833, Jan. 12, 2004] § 90.204 Averaging. top (a) Negative credits from engine families with FELs above the applicable emission standard must be offset by positive credits from engine families having FELs below the applicable emission standard, as allowed under the provisions of this subpart. Averaging of credits in this manner is used to determine compliance under §90.207(b). A manufacturer may have a negative balance of credits as allowed under §90.207(c)(2). (b) Cross-class averaging of credits is allowed across all classes of nonroad spark-ignition engines at or below 19 kW. (c) Credits used in averaging for a given model year may be obtained from credits generated in the same model year by another engine family, credits banked in previous model years, or credits of the same or previous model year obtained through trading subject to the provisions of §90.205(a). Credits generated under the previously available “Optional transition year averaging, banking, and trading program for Phase 2 handheld engines” of §§90.212 through 90.220, since repealed, may also be used in averaging. The restrictions of this paragraph notwithstanding, credits from a given model year may be used to address credit needs of previous model year engines as allowed under §90.207(c). (d) The use of credits generated under the early banking provisions of §90.205(b) is subject to regulations under this subpart. [64 FR 15239, Mar. 30, 1999, as amended at 65 FR 24308, Apr. 25, 2000; 69 FR 1834, Jan. 12, 2004] § 90.205 Banking. top (a)(1) Beginning August 1, 2007, a manufacturer of a Class I engine family with an FEL below the applicable emission standard for a given model year may bank credits in that model year for use in averaging and trading. For new Class I engine families initially produced during the period starting August 1, 2003 through July 31, 2007, a manufacturer of a Class I engine family with an FEL below the applicable emission standard for a given model year may bank credits in that model year for use in averaging and trading. (2) Beginning with the 2000 model year, a manufacturer of a Class I-A or Class I-B engine family with an FEL below the applicable emission standard for a given model year may bank credits in that model year for use in averaging and trading. (3) Beginning with the 2001 model year, a manufacturer of a Class II engine family with an FEL below the applicable emission standard for a given model year may bank credits in that model year for use in averaging and trading. (4) For the 2002 model year, a manufacturer of a Class III or Class IV engine family may bank credits for use in future model year averaging and trading from only those Class III or Class IV engine families with an FEL at or below 72 g/kW-hr. Beginning with the 2003 model year, a manufacturer of a Class III or Class IV engine family with an FEL below the applicable emission standard may generate credits for use in future model year averaging and trading. (5) Beginning with the 2004 model year, a manufacturer of a Class V engine family with an FEL below the applicable emission standard may generate credits for use in future model year averaging and trading. (6) Negative credits may be banked only according to the requirements under §90.207(c). (b)(1) For Class I engine families initially produced during the period beginning with the 1999 model year and prior to August 1, 2003, a manufacturer may bank early credits for engines with HC + NOX FELs below 16.1 g/kW-hr. All early credits for such Class I engines shall be calculated against a HC + NOX level of 20.5 g/kW-hr and may continue to be calculated against the 20.5 g/kW-hr level until August 1, 2007. (2) Beginning with the 1999 model year and prior to the applicable date listed in paragraph (a) of this section for Class II engines, a manufacturer may bank early credits for all Class II engines with HC+NOX FELs below 12.1 g/kW-hr. All early credits for Class II engines shall be calculated against a HC+NOX level of 18.0 g/kW-hr. (3) Beginning with the 2000 model year and prior to the applicable date listed in paragraph (a) of this section for Class III engines, a manufacturer may bank early credits for all Class III engines with HC+NOX FELs below 72 g/kW-hr. All early credits for Class III engines shall be calculated against a HC+NOX level of 238 g/kW-hr. (4) Beginning with the 2000 model year and prior to the applicable date listed in paragraph (a) of this section for Class IV engines, a manufacturer may bank early credits for all Class IV engines with HC+NOX FELs below 72 g/kW-hr. All early credits for Class IV engines shall be calculated against a HC+NOX level of 196 g/kW-hr. (5) Beginning with the 2000 model year and prior to the applicable date listed in paragraph (a) of this section for Class V engines, a manufacturer may bank early credits for all Class V engines with HC+NOX FELs below 87 g/kW-hr. All early credits for Class V engines shall be calculated against a HC+NOX level of 143 g/kW-hr. (6) Engines certified under the early banking provisions of this paragraph are subject to all of the requirements of this part applicable to Phase 2 engines. (c) A manufacturer may bank actual credits only after the end of the model year and after EPA has reviewed the manufacturer's end-of-year reports. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for trading or averaging in the end-of-year report and final report. (d) Credits declared for banking from the previous model year that have not been reviewed by EPA may be used in averaging or trading transactions. However, such credits may be revoked at a later time following EPA review of the end-of-year report or any subsequent audit actions. [64 FR 15239, Mar. 30, 1999, as amended at 65 FR 24308, Apr. 25, 2000; 69 FR 1834, Jan. 12, 2004] § 90.206 Trading. top (a) An engine manufacturer may exchange emission credits with other engine manufacturers in trading, subject to the trading restriction specified in §90.207(c)(2). (b) Credits for trading can be obtained from credits banked in previous model years or credits generated during the model year of the trading transaction. (c) Traded credits can be used for averaging, banking, or further trading transactions, subject to §90.205(a). (d) Traded credits are subject to the limitations on use for past model years, as set forth in §90.204(c). (e) In the event of a negative credit balance resulting from a transaction, both the buyer and the seller are liable, except in cases involving fraud. Certificates of all engine families participating in a negative trade may be voided ab initio pursuant to §90.123. [64 FR 15239, Mar. 30, 1999, as amended at 65 FR 24309, Apr. 25, 2000; 69 FR 1834, Jan. 12, 2004] § 90.207 Credit calculation and manufacturer compliance with emission standards. top (a) For each engine family, HC+NOX [NMHC+NOX] certification emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation. Credits = Production×(Standard—FEL)×Power×Useful life×Load Factor Where: Production = eligible production as defined in this part. Annual production projections are used to project credit availability for initial certification. Eligible production volume is used in determining actual credits for end-of-year compliance determination. Standard = the current and applicable Small SI engine HC+NOX (NMHC+NOX) emission standard in grams per kilowatt hour as determined in §90.103 or, for early credits, the applicable emission level as specified in §90.205(b). FEL = the family emission limit for the engine family in grams per kilowatt hour. Power = the maximum modal power of the certification test engine, in kilowatts, as calculated from the applicable federal test procedure as described in this part. Useful Life = the useful life in hours corresponding to the useful life category for which the engine family was certified. Load Factor = 47 percent (i.e., 0.47) for Test Cycle A and Test Cycle B, and 85 percent (i.e., 0.85) for Test Cycle C. For approved alternate test procedures, the load factor must be calculated according to the following formula: Where: %MTT modei = percent of the maximum FTP torque for mode i. %MTS modei = percent of the maximum FTP engine rotational speed for mode i. WF modei = the weighting factor for mode i. (b) Manufacturer compliance with the emission standards is determined on a corporate average basis at the end of each model year. A manufacturer is in compliance when the sum of positive and negative emission credits it holds is greater than or equal to zero, except that the sum of positive and negative credits may be less than zero as allowed under paragraph (c) of this section. (c)(1) If, as a result of production line testing as required in subpart H of this part, an engine family is determined to be in noncompliance pursuant to §90.710, the manufacturer may raise its FEL for past and future production as necessary. Further, a manufacturer may carry a negative credit balance (known also as a credit deficit) for the subject class and model year and for the next three model years. The credit deficit may be no larger than that created by the nonconforming family. If the credit deficit still exists after the model year following the model year in which the nonconformity occurred, the manufacturer must obtain and apply credits to offset the remaining credit deficit at a rate of 1.2 grams for each gram of deficit within the next two model years. The provisions of this paragraph are subject to the limitations in paragraph (d) of this section. (c)(2) For model years 2004 through 2007, an engine manufacturer who certifies at least one Class V engine family in a given model year may carry forward a credit deficit for four model years, but must not carry such deficit into the fifth year, provided the deficit is attributable to negative credits from its Class V engine families, subject to the following provisions: (i) Credit deficits are permitted for model years 2004 through 2007 but cannot occur for more than two consecutive model years for a given manufacturer; (ii)(A) If an engine manufacturer calculates that it has a credit deficit for a given model year, it must obtain sufficient credits from engine families produced by itself or another manufacturer in a model year no later than the fourth model year following the model year for which it calculated the credit deficit. (Example: if a manufacturer calculates that it has a credit deficit for the 2004 model year, it must obtain sufficient credits to offset that deficit from its own production or that of other manufacturers' 2008 or earlier model year engine families.); (B) An engine manufacturer carrying the deficit into the first model year following the year in which it was generated must generate or obtain credits to offset that deficit and apply them to the deficit at a rate of 1:1. An engine manufacturer carrying the deficit into the second and third model years must generate or obtain credits to offset that deficit and apply them to the deficit at a rate of 1.1:1 (i.e., deficits carried into the second and third model year must be repaid with credits equal to 110 percent of the deficit). Deficits carried into the fourth model year must be offset by credits at a rate of 1.2:1 (i.e., 120 percent of the deficit); (iii) An engine manufacturer who has a credit deficit may use credits from any class of spark-ignition nonroad engines at or below 19 kilowatts generated or obtained through averaging, banking or trading to offset the credit deficit; and, (iv) An engine manufacturer must not bank credits for future use or trade credits to another engine manufacturer during a model year in which it has generated a deficit or into which it has carried a deficit. (d) Regulations elsewhere in this part notwithstanding, if an engine manufacturer experiences two or more production line testing failures pursuant to the regulations in subpart H of this part in a given model year, the manufacturer may raise the FEL of previously produced engines only to the extent that such engines represent no more than 10 percent of the manufacturer's total eligible production for that model year, as determined on the date when the FEL is adjusted. For any additional engine families determined to be in noncompliance, the manufacturer must conduct offsetting projects approved in advance by the Administrator. (e) If, as a result of production line testing under this subpart, a manufacturer desires to lower its FEL it may do so subject to §90.708(c). (f) Except as allowed at paragraph (c) of this section, when a manufacturer is not in compliance with the applicable emission standard by the date 270 days after the end of the model year, considering all credit calculations and transactions completed by then, the manufacturer will be in violation of the regulations in this part and EPA may, pursuant to §90.123, void ab initio the certificates of engine families for which the manufacturer has not obtained sufficient positive emission credits. (g) Credit deficits. (1) Manufacturers must offset any deficits for a given model year by the reporting deadline for the fourth model year following the model year in which the deficits were generated as required in paragraph (c)(2) of this section. Manufacturers may offset deficits by generating credits or acquiring credits generated by another manufacturer. (2)(i) Failure to meet the requirements of paragraph (c)(2) of this section within the required timeframe for offsetting deficits will be considered to be a failure to satisfy the conditions upon which the certificate(s) was issued and the individual noncomplying engines not covered by the certificate must be determined according to this section. (ii) If deficits are not offset within the specified time period, the number of engines which could not be covered in the calculation to show compliance with the fleet average HC+NOX standard in the model year in which the deficit occurred and thus are not covered by the certificate must be calculated using the methodology described in paragraph (g)(2)(iii) of this section. (iii) EPA will determine the engines for which the condition on the certificate was not satisfied by designating engines in the Class V engine family with the highest HC+NOX FELs first and continuing progressively downward through the Class V engine families until a number of engines having a credit need, as calculated under paragraph (a) of this section, equal to the remaining deficit is reached. If this calculation determines that only a portion of engines in a Class V engine family contribute to the deficit situation, then EPA will designate a subset of actual engines in that engine family as not covered by the certificate, starting with the last engine produced and counting backwards. EPA may request additional information from the manufacturer that would help identify the actual engine not covered by the certificate. (iv) In determining the engine count, EPA will calculate the mass of credits based on the factors identified in paragraph (a) of this section. (3) If a manufacturer is purchased by, merges with or otherwise combines with another manufacturer, the manufacturer continues to be responsible for offsetting any deficits outstanding within the required time period. Any failure to offset the deficits will be considered to be a violation of paragraph (g)(1) of this section and may subject the manufacturer to an enforcement action for sale of engines not covered by a certificate, pursuant to paragraph (g)(2) of this section. (4) If a manufacturer that has a deficit ceases production of handheld engines, the manufacturer will be considered immediately in violation of paragraph (g)(1) of this section and may be subject to an enforcement action for sale of engines not covered by a certificate, pursuant to paragraph (g)(2) of this section (5) For purposes of calculating the statute of limitations, a violation of the requirements of paragraph (g)(1) of this section, a failure to satisfy the conditions upon which a certificate(s) was issued and hence a sale of engines not covered by the certificate, all occur upon the expiration of the deadline for offsetting deficits specified in paragraph (g)(1) of this section. [64 FR 15239, Mar. 30, 1999; 64 FR 16526, Apr. 5, 1999, as amended at 65 FR 24309, Apr. 25, 2000; 69 FR 1834, Jan. 12, 2004] § 90.208 Certification. top (a) In the application for certification a manufacturer must: (1) Submit a statement that the engines for which certification is requested will not, to the best of the manufacturer's belief, cause the manufacturer to be in noncompliance under §90.207(b) when all credits are calculated for the manufacturer's engine families. (2) Declare an FEL for each engine family for HC+NOX (NMHC+NOX). The FEL must have the same number of significant digits as the emission standard. (3) Indicate the projected number of credits generated/needed for this family; the projected applicable eligible annual production volume, and the values required to calculate credits as given in §90.207. (4) Submit calculations in accordance with §90.207 of projected emission credits (positive or negative) based on annual production projections for each family. (5) (i) If the engine family is projected to have negative emission credits, state specifically the source (manufacturer/engine family or reserved) of the credits necessary to offset the credit deficit according to projected annual production. (ii) If the engine family is projected to generate credits, state specifically (manufacturer/engine family or reserved) where the projected annual credits will be applied. (iii) The manufacturer may supply the information required by this section in the form of a spreadsheet detailing the manufacturer's annual production plans and the credits generated or consumed by each engine family. (b) All certificates issued are conditional upon manufacturer compliance with the provisions of this subpart both during and after the model year of production. (c) Failure to comply with all provisions of this subpart will be considered to be a failure to satisfy the conditions upon which the certificate was issued, and the certificate may be determined to be void ab initio pursuant to §90.123. (d) The manufacturer bears the burden of establishing to the satisfaction of the Administrator that the conditions upon which the certificate was issued were satisfied or waived. (e) Projected credits based on information supplied in the certification application may be used to obtain a certificate of conformity. However, any such credits may be revoked based on review of end-of-year reports, follow-up audits, and any other verification steps considered appropriate by the Administrator. § 90.209 Maintenance of records. top (a) The manufacturer must establish, maintain, and retain the following adequately organized and indexed records for each engine family: (1) EPA engine family identification code; (2) Family Emission Limit (FEL) or FELs where FEL changes have been implemented during the model year; (3) Maximum modal power for the certification test engine; (4) Projected production volume for the model year; and (5) Records appropriate to establish the quantities of engines that constitute eligible production as defined in §90.3 for each FEL. (b) Any manufacturer producing an engine family participating in trading reserved credits must maintain the following records on an annual basis for each such engine family: (1) The engine family; (2) The actual applicable production volume; (3) The values required to calculate credits as given in §90.207; (4) The resulting type and number of credits generated/required; (5) How and where credit surpluses are dispersed; and (6) How and through what means credit deficits are met. (c) The manufacturer must retain all records required to be maintained under this section for a period of eight years from the due date for the end-of-model year report. Records may be retained as hard copy or reduced to microfilm, ADP diskettes, and so forth, depending on the manufacturer's record retention procedure; provided, that in every case all information contained in the hard copy is retained. (d) Nothing in this section limits the Administrator's discretion in requiring the manufacturer to retain additional records, or submit information not specifically required by this section, if otherwise permitted by law. (e) Pursuant to a request made by the Administrator, the manufacturer must submit to the Administrator the information that the manufacturer is required to retain. (f) EPA may, pursuant to §90.123, void ab initio a certificate of conformity for an engine family for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request. § 90.210 End-of-year and final reports. top (a) End-of-year and final reports must indicate the engine family, the engine class, the actual production volume, the values required to calculate credits as given in §90.207, and the number of credits generated/required. Manufacturers must also submit how and where credit surpluses were dispersed (or are to be banked) and/or how and through what means credit deficits were met. Copies of contracts related to credit trading must be included or supplied by the broker, if applicable. The report must include a calculation of credit balances to show that the credit summation for all engines is equal to or greater than zero (or less than zero in cases of negative credit balances as permitted in §90.207(c)). For model year 2005 and later, the report must include a calculation of the production weighted average HC+NOX (including NMHC+NOX) FEL for Class II engine families to show compliance with the provisions of §90.203(g)(2). (b) The calculation of eligible production for end-of-year and final reports must be based on engines produced for the United States market, excluding engines which are subject to state emission standards pursuant to a waiver granted by EPA under section 209(e) of the Act. Upon advance written request, the Administrator will consider other methods to track engines for credit calculation purposes that provide high levels of confidence that eligible production or sales are accurately counted. (c)(1)End-of-year reports must be submitted within 90 days of the end of the model year to: Manager, Engine Compliance Programs Group (6403–J), U.S. Environmental Protection Agency, Washington, DC 20460. (2) Unless otherwise approved by the Administrator, final reports must be submitted within 270 days of the end of the model year to: Manager, Engine Compliance Programs Group (6403–J), U.S. Environmental Protection Agency, Washington, DC 20460. (d) Failure by a manufacturer to submit any end-of-year or final reports in the specified time for any engines subject to regulation under this part is a violation of §90.1003(a)(2) and section 213(d) of the Clean Air Act for each engine. (e) A manufacturer generating credits for banking only who fails to submit end-of-year reports in the applicable specified time period (90 days after the end of the model year) may not use the credits until such reports are received and reviewed by EPA. Use of projected credits pending EPA review is not permitted in these circumstances. (f) Errors discovered by EPA or the manufacturer in the end-of-year report, including errors in credit calculation, may be corrected in the final report. (g) If EPA or the manufacturer determines that a reporting error occurred on an end-of-year or final report previously submitted to EPA under this section, the manufacturer's credits and credit calculations must be recalculated. Erroneous positive credits will be void except as provided in paragraph (h) of this section. Erroneous negative credit balances may be adjusted by EPA. (h) If EPA review determines a reporting error in the manufacturer's favor (that is, resulting in an increased credit balance) or if the manufacturer discovers such an error within 270 days of the end of the model year, EPA shall restore the credits for use by the manufacturer. § 90.211 Request for hearing. top An engine manufacturer may request a hearing on the Administrator's voiding of the certificate under §§90.203(h), 90.206(e), 90.207(f), 90.208(c), or 90.209(f), pursuant to §90.124. The procedures of §90.125 shall apply to any such hearing. Subpart D—Emission Test Equipment Provisions top § 90.301 Applicability. top (a) This subpart describes the equipment required in order to perform exhaust emission tests on new nonroad spark-ignition engines and vehicles subject to the provisions of subpart A of this part. Certain text in this subpart is identified as pertaining to Phase 1 or Phase 2 engines. Such text pertains only to engines of the specified Phase. If no indication of Phase is given, the text pertains to all engines, regardless of Phase. (b) Exhaust gases, either raw or dilute, are sampled while the test engine is operated using a steady state test cycle on an engine dynamometer. The exhaust gases receive specific component analysis determining concentration of pollutant. Emission concentrations are converted to mass emission rates in grams per hour based on either fuel flow, fuel flow and engine intake air flow, or exhaust volume flow. Weighted emission rates are reported as grams per brake-kilowatt hour (g/kW-hr). See subpart E of this part for a complete description of the test procedure. (c) Additional information about system design, calibration methodologies, and so forth, for raw gas sampling can be found in 40 CFR part 1065. Examples for system design, calibration methodologies, and so forth, for dilute exhaust gas sampling can be found in 40 CFR part 1065. (d) For Phase 2 Class I, Phase 2 Class I–B, and Phase 2 Class II natural gas fueled engines, use the procedures of 40 CFR part 1065 to measure nonmethane hydrocarbon (NMHC) exhaust emissions from Phase 2 Class I, Phase 2 Class I–B, and Phase 2 Class II natural gas fueled engines. [60 FR 34598, July 3, 1995, as amended at 64 FR 15243, Mar. 30, 1999; 65 FR 24312, Apr. 25, 2000; 70 FR 40448, July 13, 2005] § 90.302 Definitions. top The definitions in §90.3 apply to this subpart. The following definitions also apply to this subpart. Intermediate speed means the engine speed which is 85 percent of the rated speed. Natural gas means a fuel whose primary constituent is methane. Rated speed means the speed at which the manufacturer specifies the maximum rated power of an engine. [64 FR 15243, Mar. 30, 1999] § 90.303 Symbols, acronyms, abbreviations. top (a) The acronyms and abbreviations in §90.5 apply to this subpart. (b) The symbols in Table 1 in Appendix A of this subpart apply to this subpart. § 90.304 Test equipment overview. top (a) All engines subject to this subpart are tested for exhaust emissions. Engines are operated on dynamometers meeting the specification given in §90.305. (b) The exhaust is tested for gaseous emissions using a raw gas sampling system as described in §90.414 or a constant volume sampling (CVS) system as described in §90.421. Both systems require analyzers (see paragraph (c) of this section) specific to the pollutant being measured. (c) Analyzers used are a non-dispersive infrared (NDIR) absorption type for carbon monoxide and carbon dioxide analysis; paramagnetic (PMD), zirconia (ZRDO), or electrochemical type (ECS) for oxygen analysis; a flame ionization (FID) or heated flame ionization (HFID) type for hydrocarbon analysis; and a chemiluminescent detector (CLD) or heated chemiluminescent detector (HCLD) for oxides of nitrogen analysis. § 90.305 Dynamometer specifications and calibration accuracy. top (a) Dynamometer specifications. The dynamometer test stand and other instruments for measurement of speed and power output must meet the engine speed and torque accuracy requirements shown in Table 2 in Appendix A of this subpart. The dynamometer must be capable of performing the test cycle described in §90.410. (b) Dynamometer calibration accuracy. (1) The dynamometer test stand and other instruments for measurement of power output must meet the calibration frequency shown in Table 2 in Appendix A of this subpart. (2) A minimum of three calibration weights for each range used is required. The weights must be equally spaced and traceable to within 0.5 percent of National Institute for Standards and Testing (NIST) weights. Laboratories located in foreign countries may certify calibration weights to local government bureau standards. § 90.306 Dynamometer torque cell calibration. top (a)(1) Any lever arm used to convert a weight or a force through a distance into a torque must be used in a horizontal position for horizontal shaft dynamometers (±five degrees). For vertical shaft dynamometers, a pulley system may be used to convert the dynamometer's horizontal loading into the vertical plane. (2) Calculate the indicated torque (IT) for each calibration weight to be used by: IT=Moment Arm (meters) × Calibration Weight (Newtons) (3) Attach each calibration weight specified in §90.305(b)(2) to the moment arm at the calibration distance determined in paragraph (a)(2) of this section. Record the power measurement equipment response (N-m) to each weight. (4) Compare the torque value measured to the calculated torque. (5) The measured torque must be within two percent of the calculated torque. (6) If the measured torque is not within two percent of the calculated torque, adjust or repair the system. Repeat steps in paragraphs (a)(1) through (a)(6) of this section with the adjusted or repaired system. (b) Option. A master load-cell or transfer standard may be used to verify the torque measurement system. (1) The master load-cell and read out system must be calibrated using weights specified in §90.305(b)(2). (2) Attach the master load-cell and loading system. (3) Load the dynamometer to a minimum of three equally spaced torque values as indicated by the master load-cell for each in-use range used. (4) The in-use torque measurement must be within two percent of the torque measured by the master system for each load used. (5) If the in-use torque is not within two percent of the master torque, adjust or repair the system. Repeat steps in paragraphs (b)(2) through (b)(4) of this section with the adjusted or repaired system. (c) Calibrated resistors may not be used for engine flywheel torque transducer calibration, but may be used to span the transducer prior to engine testing. (d) Other engine dynamometer system calibrations such as speed are performed as specified by the dynamometer manufacturer or as dictated by good engineering practice. § 90.307 Engine cooling system. top An engine cooling system is required with sufficient capacity to maintain the engine at normal operating temperatures as prescribed by the engine manufacturer. Auxiliary fan(s) may be used to maintain sufficient engine cooling during engine dynamometer operation. § 90.308 Lubricating oil and test fuels. top (a) Lubricating oil. Use the engine lubricating oil which meets the engine manufacturer's specifications for a particular engine and intended usage. (1) Manufacturers must use engine lubricants representative of commercially available engine lubricants. (2) For 2-stroke engines, the fuel/oil mixture ratio must be that which is recommended by the manufacturer. (b) Test Fuels—Certification. (1) The manufacturer must use gasoline having the specifications, or substantially equivalent specifications approved by the Administrator, as specified in Table 3 in Appendix A of this subpart for exhaust emission testing of gasoline fueled engines. As an option, manufacturers may use the fuel specified in 40 CFR part 1065, subpart H, for gasoline-fueled engines. (2) Alternative fuels, such as natural gas, propane, and methanol, used for exhaust emission testing and service accumulation of alternative fuel spark-ignition engines must be representative of commercially available alternative fuels. (i) The manufacturer shall recommend the alternative fuel to be used for certification testing and engine service accumulation in accordance with paragraph (b)(3) of this section. (ii) The Administrator shall determine the alternative fuel to be used for testing and engine service accumulation, taking into consideration the alternative fuel recommended by the manufacturer. (3) Other fuels may be used for testing provided: (i) They are commercially viable; (ii) Information acceptable to the Administrator is provided to show that only the designated fuel would be used in customer service; and (iii) Fuel specifications are approved in writing by the Administrator prior to the start of testing. (c) Test fuels—service accumulation and aging. Unleaded gasoline representative of commercial gasoline generally available through retail outlets must be used in service accumulation and aging for gasoline-fueled spark-ignition engines. As an alternative, the certification test fuels specified under paragraph (b) of this section may be used for engine service accumulation and aging. Leaded fuel may not be used during service accumulation or aging. [60 FR 34598, July 3, 1995, as amended at 64 FR 15243, Mar. 30, 1999; 70 FR 40448, July 13, 2005] § 90.309 Engine intake air temperature measurement. top (a) The measurement location must be within 10 cm of the engine intake system (i.e., the air cleaner, for most engines.) (b) The temperature measurements must be accurate to within ±2 °C. § 90.310 Engine intake air humidity measurement. top This section refers to engines which are supplied with intake air other than the ambient air in the test cell (i.e., air which has been pumped directly to the engine air intake system). For engines which use ambient test cell air for the engine intake air, the ambient test cell humidity measurement may be used. (a) Humidity conditioned air supply. Air that has had its absolute humidity altered is considered humidity-conditioned air. For this type of intake air supply, the humidity measurements must be made within the intake air supply system and after the humidity conditioning has taken place. (b) Unconditioned air supply. Humidity measurements in unconditioned intake air supply systems must be made in the intake air stream entering the supply system. Alternatively, the humidity measurements can be measured within the intake air supply stream. § 90.311 Test conditions. top (a) General requirements. (1) Ambient temperature levels encountered by the test engine throughout the test sequence may not be less than 20 °C or more than 30 °C. All engines must be installed on the test bed at their design installation angle to prevent abnormal fuel distribution. (2) Calculate all volumes and volumetric flow rates at standard conditions for temperature and pressure, and use these conditions consistently throughout all calculations. Standard conditions for temperature and pressure are 25 °C and 101.3 kPa. (b) Engine test conditions. Measure the absolute temperature (designated as T and expressed in Kelvin) of the engine air at the inlet to the engine and the dry atmospheric pressure (designated as ps and expressed in kPa), and determine the parameter f according to the following provisions for naturally aspirated engines: For a certification test to be recognized as valid, the parameter f shall be between the limits as shown below: 0.96