CCLME.ORG - 40 CFR PART 94—CONTROL OF EMISSIONS FROM MARINE COMPRESSION-IGNITION ENGINES
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(continued)

(c) Upon request by the manufacturer, the Administrator may limit the applicability of exhaust emission requirements of §94.8(e) as necessary for safety or to otherwise protect the engine.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68342, Nov. 8, 2002; 68 FR 9783, Feb. 28, 2003; 68 FR 54960, Sept. 19, 2003; 70 FR 40458, July 13, 2005]

§ 94.10 Warranty period.
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(a)(1) Warranties imposed by §94.1107 for Category 1 or Category 2 engines shall apply for a period of operating hours equal to at least 50 percent of the useful life in operating hours or a period of years equal to at least 50 percent of the useful life in years, whichever comes first.

(2) Warranties imposed by §94.1107 for Category 3 engines shall apply for a period of operating hours equal to at least the full useful life in operating hours or a period of years equal to at least the full useful life in years, whichever comes first.

(b) Warranties imposed by §94.1107 shall apply for a period not less than any mechanical warranties provided by the manufacturer to the owner.

[64 FR 73331, Dec. 29, 1999, as amended at 68 FR 9784, Feb. 28, 2003]

§ 94.11 Requirements for rebuilding certified engines.
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(a) The provisions of this section apply with respect to engines subject to the standards prescribed in §94.8 and are applicable to the process of engine rebuilding. Engine rebuilding means to overhaul an engine or to otherwise perform extensive service on the engine (or on a portion of the engine or engine system). For the purpose of this definition, perform extensive service means to disassemble the engine (or portion of the engine or engine system), inspect and/or replace many of the parts, and reassemble the engine (or portion of the engine or engine system) in such a manner that significantly increases the service life of the resultant engine.

(b) When rebuilding an engine, portions of an engine, or an engine system, there must be a reasonable technical basis for knowing that the resultant engine is equivalent, from an emissions standpoint, to a certified configuration (i.e., tolerances, calibrations, specifications), and the model year(s) of the resulting engine configuration must be identified. A reasonable basis would exist if:

(1) Parts installed, whether the parts are new, used, or rebuilt, are such that a person familiar with the design and function of motor vehicle engines would reasonably believe that the parts perform the same function with respect to emission control as the original parts; and

(2) Any parameter adjustment or design element change is made only:

(i) In accordance with the original engine manufacturer's instructions; or

(ii) Where data or other reasonable technical basis exists that such parameter adjustment or design element change, when performed on the engine or similar engines, is not expected to adversely affect in-use emissions.

(c) When an engine is being rebuilt and remains installed or is reinstalled in the same vessel, it must be rebuilt to a configuration of the same or later model year as the original engine. When an engine is being replaced, the replacement engine must be an engine of (or rebuilt to) a certified configuration that is equivalent, from an emissions standpoint, to the engine being replaced.

(d) At time of rebuild, emission-related codes or signals from on-board monitoring systems may not be erased or reset without diagnosing and responding appropriately to the diagnostic codes, regardless of whether the systems are installed to satisfy requirements in §94.211 or for other reasons and regardless of form or interface. Diagnostic systems must be free of all such codes when the rebuilt engine is returned to service. Such signals may not be rendered inoperative during the rebuilding process.

(e)(1) When conducting a rebuild, all critical emission-related components listed in Appendix I of this part not otherwise addressed by paragraphs (b) through (d) of this section must be checked and cleaned, adjusted, repaired, or replaced as necessary, following manufacturer recommended practices.

(2) During the installation of a rebuilt engine, all critical emission-related components listed in Appendix I of this part not otherwise addressed by paragraphs (b) through (d) of this section must be checked as necessary, following manufacturer recommended practices.

(f) Records shall be kept by parties conducting activities included in paragraphs (b) through (e) of this section. At minimum the records shall include the hours of operation at the time of rebuild, a listing of work performed on the engine and emission-related control components (including a listing of parts and components used, engine parameter adjustments, emission-related codes or signals responded to and reset), and work performed under paragraph (e) of this section.

(1) Parties may keep records in whatever format or system they choose as long as the records are understandable to an EPA enforcement officer or can be otherwise provided to an EPA enforcement officer in an understandable format when requested.

(2) Parties are not required to keep records of information that is not reasonably available through normal business practices including information on activities not conducted by themselves or information that they cannot reasonably access.

(3) Parties may keep records of their rebuilding practices for an engine family rather than on each individual engine rebuilt in cases where those rebuild practices are followed routinely.

(4) Records must be kept for a minimum of two years after the engine is rebuilt.

(g) For Category 3 engines, the owner and operator shall also comply with the recordkeeping requirements in the Annex VI Technical Code (incorporated by reference at §94.5) regarding the Engine Book of Record Parameters.

[64 FR 73331, Dec. 29, 1999, as amended at 68 FR 9784, Feb. 28, 2003]

§ 94.12 Interim provisions.
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This section contains provisions that apply for a limited number of calendar years or model years. These provisions supercede the other provisions of this part. The provisions of this section do not apply for Category 3 engines.

(a) Compliance date of standards. Certain companies may delay compliance with emission standards. Companies wishing to take advantage of this provision must inform the Designated Officer of their intent to do so in writing before the date that compliance with the standards would otherwise be mandatory.

(1) Post-manufacture marinizers may elect to delay the model year of the Tier 2 standards for commercial engines as specified in §94.8 by one year for each engine family.

(2) Small-volume manufacturers may elect to delay the model year of the Tier 2 standards for recreational engines as specified in §94.8 by five years for each engine family.

(b) Early banking of emission credits. (1) A manufacturer may optionally certify engines manufactured before the date the Tier 2 standards take effect to earn emission credits under the averaging, banking, and trading program. Such optionally certified engines are subject to all provisions relating to mandatory certification and enforcement described in this part. Manufacturers may begin earning credits for recreational engines on December 9, 2002.

(2) Consistent with the provisions of Subpart D of this part, NOX and PM emission credits may be generated from engines prior to the applicable effective compliance date of the applicable standard (i.e., the effective compliance date in §94.8(a), as applicable), relative to baseline emission rates.

(3)(i) THC+NOX credits generated under this paragraph (b) shall be calculated as specified in §92.305, except that the baseline emission rate may be either the applicable standard or a measured THC+NOX baseline level for the configuration with the lowest NOX emission rate in the applicable engine family. The additional credits resulting from using a measured baseline (instead of the applicable standard) shall be discounted by 10 percent. This discount does not apply to the portion of the credits resulting from the engine's emissions being below the applicable standard. Baseline emission rates may not exceed the IMO NOX limits.

(ii) PM credits generated under this paragraph (b) shall be calculated as specified in §94.305, except that the applicable standard may be replaced by a measured PM baseline emission rate for the configuration with the lowest NOX emission rate in the applicable engine family that is approved in advance by the Administrator. The additional credits resulting from using a measured baseline (instead of the applicable standard) shall be discounted by 10 percent. This discount does not apply to the portion of the credits resulting from the engine's emissions being below the applicable standard.

(4)(i) For post-manufacture marinizers, measured baseline emission levels may be based on emissions from a single engine for each engine family.

(ii) For all other manufacturers, measured baseline emission levels must be based on the average of emissions from at least three engines for each engine family.

(iii) The Administrator must approve any measured baselines in advance.

(5) For an engine to be eligible to generate early credits under this paragraph (b), its certified emission levels for all pollutants must be below the Tier 2 standards listed in §94.8, with the following exception: PMMs may include in this early credit program Category 1 marine engines with certified emissions above the Tier 2 standards listed in §94.8. Early credits generated by Category 1 marine engines with certified emissions above the Tier 2 standards listed in §94.8 may not be used for model year 2008 or later engines.

(c) Testing of Category 1 engines subject to the requirements of this part that is conducted by the Administrator shall be performed using test fuels that meet the specifications in §94.108 and have a sulfur content no higher than 0.20 weight percent, unless the PM emission rates are corrected for the effect of a higher fuel sulfur content.

(d) Post-manufacture marinizers may import an uncertified engine for marinization, in cases where the engine in the final marinized configuration is not subject to the standards of this part because:

(1) The model year of the marinized engine is prior to the first model year for which engines of that size are subject to the standards;

(2) The post-manufacture marinizer is marinizing the engine under paragraph (a) of this section; or

(3) The post-manufacture marinizer is granted hardship relief from the Tier 2 standards under §94.209(c).

(e) Compliance date of NTE requirements (1) Notwithstanding the other provisions of this part, the requirements of §94.8(e) for commercial marine engines start with 2010 model year engines for post-manufacture marinizers and 2007 model year engines for all other engine manufacturers.

(2) Notwithstanding the other provisions of this part, the requirements of §94.8(e) for recreational marine engines start with 2012 model year engines for post-manufacture marinizers and 2009 model year engines for all other engine manufacturers.

(f) Manufacturers may submit test data collected using the Annex VI test procedures to show compliance with Tier 1 standards for model years before 2007. Note: Starting in 2007, EPA may approve a manufacturer's request to continue using alternate procedures under §94.102(c), as long as the manufacturer satisfies EPA that the differences in testing will not affect NOX emission rates.

(g) Flexibility for engines over 560kW. Notwithstanding the other provisions of this part, manufacturers may choose to delay certification of marine engines with less than 2.5 liters per cylinder and rated power above 560 kW, that are derived from a land-based nonroad engine with a rated power greater than 560 kW, if they do all of the following:

(1) Certify all of their applicable marine engines with less than 2.5 liters per cylinder and rated power above 560 kW to a NOX standard of 6.4 g/kW-hr for model years 2008 through 2012.

(2) Notify EPA in writing before 2004 of their intent to use this provision. This notification must include a signed statement certifying that the manufacturer will comply with all the provisions of this paragraph (g).

(3) Add a permanent, legible label, written in block letters in English, to a readily visible part of each engine exempted under this paragraph (f). This label must include at least the following items:

(i) The label heading “EMISSION CONTROL INFORMATION”.

(ii) Your corporate name and trademark.

(iii) Engine displacement (in liters), rated power, and model year of the engine or whom to contact for further information.

(iv) The statement “THIS ENGINE IS EXEMPT UNDER 40 CFR 94.12(g) FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.”.

(h) Flexibility for small-volume boat builders. Notwithstanding the other provisions of this part, manufacturers may sell uncertified recreational engines to small-volume boat builders during the first five years for which the emission standards in §94.8 apply, subject to the following provisions:

(1) The U.S.-directed production volume of boats from any small-volume boat builder using uncertified engines during the total five-year period may not exceed 80 percent of the manufacturer's average annual production for the three years prior to the general applicability of the recreational engine standards in §94.8, except as allowed in paragraph (h)(2) of this section.

(2) Small-volume boat builders may exceed the production limits in paragraph (h)(1) of this section, provided they do not exceed 20 boats during the five-year period or 10 boats in any single calendar year. This does not apply to boats powered by engines with displacement greater than 2.5 liters per cylinder.

(3) Small-volume boat builders must keep records of all the boats and engines produced under this paragraph (h), including boat and engine model numbers, serial numbers, and dates of manufacture. Records must also include information verifying compliance with the limits in paragraph (h)(1) or (2) of this section. Keep these records until at least two full years after you no longer use the provisions in this paragraph (h).

(4) Manufacturers must add a permanent, legible label, written in block letters in English, to a readily visible part of each engine exempted under this paragraph (h).

This label must include at least the following items:

(i) The label heading “EMISSION CONTROL INFORMATION”.

(ii) Your corporate name and trademark.

(iii) Engine displacement (in liters), rated power, and model year of the engine or whom to contact for further information.

(iv) The statement “THIS ENGINE IS EXEMPT UNDER 40 CFR 94.12(h)

FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.”.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68343, Nov. 8, 2002; 68 FR 9784, Feb. 28, 2003; 68 FR 54960, Sept. 19, 2003; 69 FR 9215, Feb. 27, 2004; 70 FR 40458, July 13, 2005]

Subpart B—Test Procedures
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§ 94.101 Applicability.
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Provisions of this subpart apply for testing performed by the Administrator or a manufacturer.

§ 94.102 General provisions.
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(a) The test procedures specified in this part are intended to produce emission measurements that are equivalent to emission measurements that would result from emission tests performed during in-use operation using the same engine configuration installed in a vessel.

(b) Test procedures otherwise allowed by the provisions of this subpart shall not be used where such procedures are not consistent with good engineering practice and the regulatory goal specified in paragraph (a) of this section.

(c) Alternate test procedures may be used if shown to yield equivalent results, and if approved in advance by the Administrator.

§ 94.103 Test procedures for Category 1 marine engines.
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(a) Gaseous and particulate emissions shall be measured using the test procedures specified in 40 CFR part 89, except as otherwise specified in this subpart.

(b) The Administrator may specify changes to the provisions of paragraph (a) of this section that are necessary to comply with the general provisions of §94.102.

§ 94.104 Test procedures for Category 2 marine engines.
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(a) Gaseous and particulate emissions shall be measured using the test procedures specified in 40 CFR part 92, except as otherwise specified in this subpart.

(b)(1) The requirements of 40 CFR part 92 related to charge air temperatures, engine speed and load, and engine air inlet restriction pressures do not apply for marine engines.

(2) For marine engine testing, charge air temperatures, engine speed and load, and engine air inlet restriction pressures shall be representative of typical in-use marine engine conditions.

(c) Conduct testing at ambient temperatures from 13 °C to 30 °C.

(d) The Administrator may specify changes to the provisions of paragraph (a) of this section that are necessary to comply with the general provisions of §94.102.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68343, Nov. 8, 2002]

§ 94.105 Duty cycles.
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(a) Overview. For the purpose of determining compliance with the emission standards of §94.8, except for those in §94.8(e), engines shall be tested using the appropriate duty cycles described in this section.

(b) General cycle. Propulsion engines that are used with (or intended to be used with) fixed-pitch propellers, propeller-law auxiliary engines, and any other engines for which the other duty cycles of this section do not apply, shall be tested using the duty cycle described in the following Table B–1:


Table B-1_General Marine Duty Cycle
----------------------------------------------------------------------------------------------------------------
Engine
speed \1\ Percent of Minimum
Mode No. (percent of maximum time in Weighting
maximum test power mode factors
test speed) \2\ (minutes)
----------------------------------------------------------------------------------------------------------------
1........................................................... 100 100 5.0 0.20
2........................................................... 91 75 5.0 0.50
3........................................................... 80 50 5.0 0.15
4........................................................... 63 25 5.0 0.15
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: ±2 percent of point.
\2\ Power: ±2 percent of engine maximum value.


(c) Variable-pitch and electrically coupled propellers. (1) Constant-speed propulsion engines that are used with (or intended to be used with) variable-pitch propellers or with electrically coupled propellers shall be tested using the duty cycle described in the following Table B–2:


Table B-2_Duty Cycle for Constant-Speed Propulsion Engines
----------------------------------------------------------------------------------------------------------------
Engine
speed \1\ Percent of Minimum
Mode No. (percent of maximum time in Weighting
maximum test power mode factors
test speed) \2\ (minutes)
----------------------------------------------------------------------------------------------------------------
1........................................................... 100 100 5.0 0.20
2........................................................... 100 75 5.0 0.50
3........................................................... 100 50 5.0 0.15
4........................................................... 100 25 5.0 0.15
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: ±2 percent of point.
\2\ Power: ±2 percent of engine maximum value.


(2) For the purpose of determining compliance with the emission standards of §94.8, variable-speed propulsion engines that are used with (or intended to be used with) variable-pitch propellers or with electrically coupled propellers shall be tested using the duty cycle described in Table B–3, which follows:


Table B-3_Duty Cycle for Variable Speed Propulsion Engines Used on Non-Propeller Law Vessels and for Variable
Speed Auxiliary Engines
----------------------------------------------------------------------------------------------------------------
Percent of Minimum
Test Engine maximum time in Weighting
segment Mode No. speed \1\ test torque mode factors
\2\ (minutes)
----------------------------------------------------------------------------------------------------------------
1 1................................................ Maximum 100 5.0 0.15
Test Speed
1 2................................................ Maximum 75 5.0 0.15
Test Speed
1 3................................................ Maximum 50 5.0 0.15
Test Speed
1 4................................................ Maximum 10 5.0 0.10
Test Speed
2 5................................................ Intermediat 100 5.0 0.10
e
2 6................................................ Intermediat 75 5.0 0.10
e
2 7................................................ Intermediat 50 5.0 0.10
e
2 8................................................ Idle 0 5.0 0.15
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed (non-idle): ±2 percent of point. Engine speed (idle): Within manufacturer's
specifications. Idle speed is specified by the manufacturer.
\2\ Torque (non-idle): ±2 percent of engine maximum value. Torque (idle): minimum fueling rate Load less
than 5 percent of peak torque.


(d) Auxiliary. For the purpose of determining compliance with the emission standards of §94.8:

(1) Constant speed auxiliary engines shall be tested using the duty cycle described in Table B–4, which follows:


Table B-4_Duty Cycle for Constant-Speed Auxiliary Engines
------------------------------------------------------------------------
Percent of Minimum
Engine maximum time in Weighting
Mode No. speed \1\ test torque mode factors
\2\ (minutes)
------------------------------------------------------------------------
1..................... Maximum 100 5.0 0.05
Test Speed
2..................... Maximum 75 5.0 0.25
Test Speed
3..................... Maximum 50 5.0 0.30
Test Speed
4..................... Maximum 25 5.0 0.30
Test Speed
5..................... Maximum 10 5.0 0.10
Test Speed
------------------------------------------------------------------------
\1\ Engine speed: ±2 percent of point.
\2\ Torque: ±2 percent of engine maximum value.


(2) Variable speed auxiliary engines shall be tested using the duty cycle described in Table B–3 in paragraph (c)(2) of this section.

(e) Recreational. For the purpose of determining compliance with the emission standards of §94.8, recreational engines shall be tested using the duty cycle described in Table B–5, which follows:


Table B-5_Recreational Marine Duty Cycle
----------------------------------------------------------------------------------------------------------------
Engine
speed\(1)\ Percent of Minimum time
Mode No. (percent of maximum test in mode Weighting
maximum test power\(2)\ (minutes) factors
speed)
----------------------------------------------------------------------------------------------------------------
1............................................... 100 100 5.0 0.08
2............................................... 91 75 5.0 0.13
3............................................... 80 50 5.0 0.17
4............................................... 63 25 5.0 0.32
5............................................... idle 0 5.0 0.30
----------------------------------------------------------------------------------------------------------------
\1\ Engine speed: ±2 percent of point.
\2\ Power: ±2 percent of engine maximum value.


[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68343, Nov. 8, 2002; 70 FR 40458, July 13, 2005]

§ 94.106 Supplemental test procedures for Category 1 and Category 2 marine engines.
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This section describes the test procedures for supplemental testing conducted to determine compliance with the exhaust emission requirements of §94.8(e)(1). In general, the supplemental test procedures are the same as those otherwise specified by this subpart, except that they cover any speeds, loads, ambient conditions, and operating parameters that may be experienced in use. The test procedures specified by other sections in this subpart also apply to these tests, except as specified in this section.

(a) Notwithstanding other provisions of this subpart, testing conducted to determine compliance with the exhaust emission requirements of §94.8(e) may be conducted:

(1) At any speed and load (or any combination of speeds and loads that is nominally steady-state) within the applicable Not To Exceed Zone specified in paragraph (b) of this section;

(2)(i) Without correction, at any intake air temperature between 13°C and 35°C (or between 13°C and 30°C for engines not drawing intake air directly from a space that could be heated by the engine);

(ii) Without correction at any ambient water temperature (or equivalent) between 5°C and 27°C;

(iii) Without correction at any ambient humidity between 7.1 and 10.7 grams of moisture per kilogram of dry air; and

(3) With a continuous sampling period not less than 30 seconds in duration.

(b) The specified Not to Exceed Zones for marine engines are defined as follows. These Not to Exceed Zones apply, unless a modified zone is established under paragraph (c) of this section.

(1) For commercial Category 1 engines certified using the duty cycle specified in §94.105(b), the Not to Exceed zones are defined as follows:

(i) The Not to Exceed zone is the region between the curves power = 1.15 × SPD2 and power = 0.85 × SPD4, excluding all operation below 25% of maximum power at rated speed and excluding all operation below 63% of maximum test speed.

(ii) This zone is divided into two subzones, one above and one below 45% of maximum power at rated speed.

(iii) SPD in paragraph (b)(1)(i) of this section refers to percent of maximum test speed.

(iv) See Figure B–1 for an illustration of this Not to Exceed zone which follows:



View or download PDF


(2) For Category 2 engines certified using the duty cycle specified in §94.105(b), the Not to Exceed zones are defined as follows:

(i) The Not to Exceed zone is the region between the curves power = 1.04 × SPD2 and power = 0.76 × SPD4, excluding all operation below 25% of maximum power at rated speed and excluding all operation below 63% of maximum test speed.

(ii) This zone is divided into two subzones, one above and one below 45% of maximum power at rated speed.

(iii) SPD in paragraph (b)(2)(i) of this section refers to percent of maximum test speed.

(iv) See Figure B–2 in paragraph (b)(3) of this section for an illustration of this Not to Exceed zone.

(3) For engines certified using the duty cycle specified in §94.105(c)(2), the Not to Exceed zones are defined as follows:



View or download PDF


(i) The Not to Exceed zone is the region above the curve power = 0.85 SPD 4 , excluding all operation below 25% of maximum power at rated speed and excluding all operation below 63% of maximum test.

(ii) This zone is divided into two subzones, one above and one below 45% of maximum power at rated speed.

(iii) SPD in paragraph (b)(3)(i) of this section refers to percent of maximum test speed.

(iv) See Figure B–3 for an illustration of this Not to Exceed zone:



View or download PDF


(4) For engines certified using the duty cycle specified in §94.105(c)(1), the Not to Exceed zone is defined as any load greater than or equal to 25 percent of maximum power at rated speed, and any speed at which the engine operates in use.

(5) For recreational marine engines certified using the duty cycle specified in §94.105(e), the Not to Exceed zones are defined as follows:

(i) The Not to Exceed zone is the region between the curves power = 1.15 × SPD 2 and power = 0.85 × SPD 4 , excluding all operation below 25% of maximum power at rated speed and excluding all operation below 63% of maximum test speed.

(ii) This zone is divided into three subzones, one below 45% of maximum power at maximum test speed; one above 95% of maximum test speed; and a third area including all of the remaining area of the NTE zone.

(iii) SPD in paragraph (b)(5)(i) of this section refers to percent of maximum test speed.

(iv) See Figure B–4 for an illustration of this Not to Exceed zone as follows:



View or download PDF


(c)(1) Upon request by the manufacturer, the Administrator may specify a narrower Not to Exceed Zone for an engine family at the time of certification, provided that the narrower Not to Exceed Zone includes all speeds greater than 63 percent of maximum test speed and loads greater than 25 percent of maximum power at rated speed at which the engines are expected to normally operate in use.

(2) At the time of certification, the Administrator may specify, or require the manufacturer to specify, a broader Not to Exceed Zone for an engine family, provided that the broader Not to Exceed Zone includes only speeds greater than 63 percent of maximum test speed and loads greater than 25 percent of maximum power at rated speed at which the engines are expected to normally operate in use.

(d) Testing conducted to determine compliance with the exhaust emission requirements of §94.8(e) may be conducted at any ambient air temperature or humidity outside the ranges specified in paragraph (a)(2) of this section, provided that emission measurements are corrected to be equivalent to measurements within the ranges specified in paragraph (a)(2) of this section. Correction of emission measurements made in accordance with this paragraph (d) shall be made in accordance with good engineering practice. The measurements shall be corrected to be within the range using the minimum possible correction.

(e) Testing conducted under this section may not include engine starting.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68344, Nov. 8, 2002; 68 FR 9784, Feb. 28, 2003; 70 FR 40458, July 13, 2005]

§ 94.107 Determination of maximum test speed.
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(a) Overview. This section specifies how to determine maximum test speed from a lug curve. This maximum test speed is used in §§94.105, 94.106, and §94.109 (including the tolerances for engine speed specified in §94.105).

(b) Generation of lug curve. Prior to beginning emission testing, generate maximum measured brakepower versus engine speed data points using the applicable method specified in 40 CFR 1065.510. These data points form the lug curve. It is not necessary to generate the entire lug curve. For the portion of the curve where power increases with increasing speed, it is not necessary to generate points with power less than 90 percent of the maximum power value. For the portion of the curve where power decreases with increasing speed, it is not necessary to generate points with power less than 75 percent of the maximum power value.

(c) Normalization of lug curve. (1) Identify the point (power and speed) on the lug curve at which maximum power occurs.

(2) Normalize the power values of the lug curve by dividing them by the maximum power value identified in paragraph (b)(1) of this section, and multiplying the resulting values by 100.

(3) Normalize the engine speed values of the lug curve by dividing them by the speed at which maximum power occurs, which is identified in paragraph (b)(1) of this section, and multiplying the resulting values by 100.

(4) Maximum engine power is located on the normalized lug curve at 100 percent power and 100 percent speed.

(d) Determination of maximum test speed. Calculate the maximum test speed from the speedfactor analysis described in this paragraph (d).

(1) For a given combination of engine power and speed (i.e., a given power/speed point), the speedfactor is the distance to the normalized power/speed point from the zero power, zero speed point. The value of the speedfactor is defined as:


(2) Calculate speedfactors for the power/speed data points on the lug curve, and determine the maximum value.

(3) Maximum test speed is the speed at which the maximum value for the speedfactor occurs.

(e) For constant-speed engines, rated speed is the maximum test speed.

(f) For Category 3 engines, manufacturers may choose to set the maximum test speed at the maximum in-use engine speed instead of the speed specified in §94.107(d).

[64 FR 73331, Dec. 29, 1999, as amended at 68 FR 9784, Feb. 28, 2003; 70 FR 40458, July 13, 2005]

§ 94.108 Test fuels.
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(a) Distillate diesel test fuel. (1) The diesel fuels for testing Category 1 and Category 2 marine engines designed to operate on distillate diesel fuel shall be clean and bright, with pour and cloud points adequate for operability. The diesel fuel may contain nonmetallic additives as follows: cetane improver, metal deactivator, antioxidant, dehazer, antirust, pour depressant, dye, dispersant, and biocide. The diesel fuel shall also meet the specifications (as determined using methods incorporated by reference at §94.5) in Table B–5 of this section, or substantially equivalent specifications approved by the Administrator, as follows:


Table B-5_Federal Test Fuel Specifications
------------------------------------------------------------------------
Item Procedure \1\ Value
------------------------------------------------------------------------
Cetane......................... ASTM D 613-01.... 40-48
Distillation Range:
Initial boiling point, ASTM D 86-01..... 171-204
°C.
10% point, °C.......... ASTM D 86-01..... 204-238
50% point, °C.......... ASTM D 86-01..... 243-282
90% point, °C.......... ASTM D 86-01..... 293-332
End point, °C.......... ASTM D 86-01..... 321-366
Flashpoint, °C............. ASTM D 93-02..... 54 minimum
Gravity, API................... ASTM D 287-92.... 32-37
Hydrocarbon composition:
Aromatics, volume percent.. ASTM D 1319-02a 10 minimum
or D 5186-99.
Olefins and Saturates ASTM D 1319-02a.. Remainder
(paraffins and
napththenes).
Total Sulfur, weight percent... ASTM D 129-00 or 0.03_0.80
D 2622-98.
Viscosity at 38 °C, ASTM D 445-01.... 2.0-3.2
centistokes.
------------------------------------------------------------------------
\1\ All ASTM standards are incorporated by reference in § 94.5.


(2) Other diesel fuels may be used for testing provided:

(i) They are commercially available; and

(ii) Information, acceptable to the Administrator, is provided to show that only the designated fuel would be used in service; and

(iii) Use of a fuel listed under paragraph (a)(1) of this section would have a detrimental effect on emissions or durability; and

(iv) Written approval from the Administrator of the fuel specifications is provided prior to the start of testing.

(3) The specification of the fuel to be used under paragraphs (a)(1), and (a)(2) of this section shall be reported in the application for certification.

(b) Other fuel types. For Category 1 and Category 2 engines that are designed to be capable of using a type of fuel (or mixed fuel) instead of or in addition to distillate diesel fuel (e.g., natural gas, methanol, or nondistillate diesel), and that are expected to use that type of fuel (or mixed fuel) in service:

(1) A commercially available fuel of that type shall be used for exhaust emission testing. The manufacturer shall propose for the Administrator's approval a set of test fuel specifications that take into account the engine design and the properties of commercially available fuels. The Administrator may require testing on each fuel if it is designed to operate on more than one fuel. These test fuel specifications shall be reported in the application for certification.

(2) [Reserved]

(c) Service accumulation fuel. Fuel used for service accumulation shall be representative of the typical fuel expected to be used by the engines in service.

(d) Correction for sulfur. (1) Particulate emission measurements from Category 1 or Category 2 engines without exhaust aftertreatment obtained using a diesel fuel containing more than 0.40 weight percent sulfur may be adjusted to a sulfur content of 0.40 weight percent.

(2) Adjustments to the particulate measurement shall be made using the following equation:

PMadj=PM-[BSFC *0.0917 *(FSF-0.0040)]


Where:

PMadj=adjusted measured PM level [g/kW-hr]

PM=measured weighted PM level [g/KW-hr]

BSFC=measured brake specific fuel consumption [g/KW-hr]

FSF=fuel sulfur weight fraction


(e) Test fuel for Category 3 engines. For testing Tier 1 engines, use test fuels meeting the specifications listed in the Annex VI Technical Code (incorporated by reference in §94.5).

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68345, Nov. 8, 2002; 68 FR 9784, Feb. 28, 2003]

§ 94.109 Test procedures for Category 3 marine engines.
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(a) Gaseous emissions shall be measured using the test cycles and procedures specified by Section 5 of the Annex VI Technical Code (incorporated by reference in §94.5), except as otherwise specified in this paragraph (a).

(1) The inlet air and exhaust restrictions shall be set at the average in-use levels.

(2) Measurements are valid only for sampling periods in which the temperature of the charge air entering the engine is within 3 °C of the temperature that would occur in-use under ambient conditions (temperature, pressure, and humidity) identical to the test conditions. You may measure emissions within larger discrepancies, but you may not use those measurements to demonstrate compliance.

(3) Engine coolant and engine oil temperatures shall be equivalent to the temperatures that would occur in-use under ambient conditions identical to the test conditions.

(4) Exhaust flow rates shall be calculated using measured fuel flow rates.

(5) Standards used for calibration shall be traceable to NIST standards. (Other national standards may be used if they have been shown to be equivalent to NIST standards.)

(6) Certification tests may be performed at any representative pressure and humidity levels. Certification tests may be performed at any ambient air temperature from 13 °C to 30 °C and any charge air cooling water temperature from 17 °C to 27 °C. These limits apply instead of the limits specified in section 5.2.1 of the Annex VI Technical Code. Correct emissions for test conditions using the corrections specified in section 5.12.3 of the Annex VI Technical Code.

(7) Test cycles shall be denormalized based on the maximum test speed described in §94.107.

(b) Analyzers meeting the specifications of either 40 CFR part 1065, subpart C, or ISO 8178–1 (incorporated by reference in §94.5) shall be used to measure THC and CO.

(c) The Administrator may specify changes to the provisions of paragraph (a) of this section that are necessary to comply with the general provisions of §94.102.

[68 FR 9785, Feb. 28, 2003, as amended at 70 FR 40458, July 13, 2005]

Subpart C—Certification Provisions
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§ 94.201 Applicability.
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The requirements of this subpart are applicable to manufacturers of engines subject to the standards of subpart A of this part.

§ 94.202 Definitions.
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The definitions of subpart A of this part apply to this subpart.

§ 94.203 Application for certification.
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(a) For each engine family that complies with all applicable standards and requirements, the manufacturer shall submit to the Administrator a completed application for a certificate of conformity.

(b) The application shall be approved and signed by the authorized representative of the manufacturer.

(c) The application shall be updated and corrected by amendment, where necessary, as provided for in §94.210 to accurately reflect the manufacturer's production.

(d) Each application shall include all the following information:

(1)(i) A description of the basic engine design, including but not limited to, the engine family specifications, the provisions of which are contained in §94.204.

(ii) A list of distinguishable configurations to be included in the engine family.

(2) An explanation of how the emission control system operates, including detailed descriptions of:

(i) All emission control system components;

(ii) The injection timing map or maps (i.e., degrees before or after top-dead-center), and any functional dependence of such timing on other operational parameters (e.g., engine coolant temperature or engine speed);

(iii) Each auxiliary emission control device (AECD); and

(iv) All fuel system components to be installed on any production or test engine(s).

(3) A description of the test engine.

(4) Special or alternate test procedures, if applicable.

(5) A description of the operating cycle and the period of operation necessary to accumulate service hours on the test engine and stabilize emission levels.

(6) A description of all adjustable operating parameters (e.g., injection timing and fuel rate), including all the following:

(i) The nominal or recommended setting and the associated production tolerances.

(ii) The physically adjustable range (Note: if this is different than the intended adjustable range, describe why these are different).

(iii) The limits or stops used to limit adjustable ranges.

(iv) Production tolerances of the limits or stops used to establish each physically adjustable range.

(v) Information relating to the reason that the physical limits or stops used to establish the physically adjustable range of each parameter, or any other means used to inhibit adjustment, are the most effective means possible of preventing adjustment of parameters to settings outside the manufacturer's specified adjustable ranges on in-use engines.

(7) For families participating in the averaging, banking, and trading program, the information specified in subpart D of this part.

(8) Projected U.S.-directed production volume information for each configuration.

(9) A description of the test equipment and fuel used.

(10) All test data obtained by the manufacturer on each test engine.

(11) The intended useful life period for the engine family, in accordance with §94.9(a).

(12) The intended deterioration factors for the engine family, in accordance with §94.218.

(13) All information required for EPA to interpret all messages and parameters broadcast on an engine's controller area network, including but not limited to message or parameter identification, scaling, limit, offset, and transfer function. (The manufacturer may reference publicly released controller area network standards where applicable. The format of this information shall be provided in a format similar to publicly released documents pertaining to controller area network standards.)

(14) (i) For Category 1 and Category 2 engines, a statement that the all the engines included in the engine family comply with the Not To Exceed standards specified in §94.8(e) when operated under all conditions which may reasonably be expected to be encountered in normal operation and use; the manufacturer also must provide a detailed description of all testing, engineering analyses, and other information which provides the basis for this statement.

(ii) [Reserved]

(15) An unconditional statement certifying that all engines included in the engine family comply with all requirements of this part and the Clean Air Act.

(16) A statement indicating duty-cycle and application of the engine (e.g., used to propel planing vessels, use to propel vessels with variable-pitch propellers, constant-speed auxiliary, recreational, etc.).

(e) At the Administrator's request, the manufacturer shall supply such additional information as may be required to evaluate the application.

(f)(1) If the manufacturer submits some or all of the information specified in paragraph (d) of this section in advance of its full application for certification, the Administrator shall review the information and make the determinations required in §94.208 (d) within 90 days of the manufacturer's submittal.

(2) The 90-day decision period is exclusive of any elapsed time during which EPA is waiting for additional information requested from a manufacturer regarding an adjustable parameter (the 90-day period resumes upon receipt of the manufacturer's response). For example, if EPA requests additional information 30 days after the manufacturer submits information under paragraph (f)(1) of this section, then the Administrator would make a determination within 60 days of the receipt of the requested information from the manufacturer.

(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 manufacturer as required by §94.215, and amended, updated, or corrected as necessary.

(2) For the purposes of this paragraph (g), §94.215 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 a 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.

[64 FR 73331, Dec. 29, 1999, as amended at 67 FR 68346, Nov. 8, 2002; 68 FR 9785, Feb. 28, 2003]

§ 94.204 Designation of engine families.
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This section specifies the procedure and requirements for grouping of engines into engine families.

(a) Manufacturers shall divide their engines into groupings of engines which are expected to have similar emission characteristics throughout their useful life. Each group shall be defined as a separate engine family.

(b) For Category 1 marine engines, the following characteristics distinguish engine families:

(1) Fuel;

(2) Cooling method (including cooling medium);

(3) Method of air aspiration;

(4) Method of exhaust aftertreatment (for example, catalytic converter or particulate trap);

(5) Combustion chamber design;

(6) Bore;

(7) Stroke;

(8) Number of cylinders, (engines with aftertreatment devices only);

(9) Cylinder arrangement (engines with aftertreatment devices only);

(10) Fuel system configuration; and

(11) Class (commercial or recreational).

(c) For Category 2 marine engines, the following characteristics distinguish engine families:

(1) The combustion cycle (e.g., diesel cycle);

(2) The type of engine cooling employed (air-cooled or water-cooled), and procedure(s) employed to maintain engine temperature within desired limits (thermostat, on-off radiator fan(s), radiator shutters, etc.); (continued)