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(continued)
(e) We will send copies of your reports to anyone from the public who asks for them. See §1048.815 for information on how we treat information you consider confidential.
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40476, July 13, 2005]
§ 1048.350 What records must I keep?
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(a) Organize and maintain your records as described in this section. We may review your records at any time.
(b) Keep paper records of your production-line testing for one full year after you complete all the testing required for an engine family in a model year. You may use any additional storage formats or media if you like.
(c) Keep a copy of the written reports described in §1048.345.
(d) Keep the following additional records:
(1) A description of all test equipment for each test cell that you can use to test production-line engines.
(2) The names of supervisors involved in each test.
(3) The name of anyone who authorizes adjusting, repairing, preparing, or modifying a test engine and the names of all supervisors who oversee this work.
(4) If you shipped the engine for testing, the date you shipped it, the associated storage or port facility, and the date the engine arrived at the testing facility.
(5) Any records related to your production-line tests that are not in the written report.
(6) A brief description of any significant events during testing not otherwise described in the written report or in this section.
(7) Any information specified in §1048.345 that you do not include in your written reports.
(e) If we ask, you must give us projected or actual production figures for an engine family. We may ask you to divide your production figures by maximum brake power, displacement, fuel type, or assembly plant (if you produce engines at more than one plant).
(f) Keep a list of engine identification numbers for all the engines you produce under each certificate of conformity. Give us this list within 30 days if we ask for it.
(g) We may ask you to keep or send other information necessary to implement this subpart.
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40476, July 13, 2005]
Subpart E—Testing In-use Engines
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§ 1048.401 What testing requirements apply to my engines that have gone into service?
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(a) If you produce engines that are subject to the requirements of this part, you must test them as described in this subpart. This generally involves testing engines in the field or removing them for measurement in a laboratory.
(b) We may approve an alternate plan for showing that in-use engines comply with the requirements of this part if one of the following is true:
(1) You produce 200 or fewer engines per year in the selected engine family.
(2) Removing the engine from most of the applications for that engine family causes significant, irreparable damage to the equipment.
(3) You identify a unique aspect of your engine applications that keeps you from doing the required in-use testing.
(c) We may void your certificate of conformity for an engine family if you do not meet your obligations under this part.
(d) Independent of your responsibility to test in-use engines, we may choose at any time to do our own testing of your in-use engines.
(e) If in-use testing shows that engines fail to meet emission standards or other requirements of this part, we may pursue a recall or other remedy as allowed by the Act (see §1048.415).
§ 1048.405 How does this program work?
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(a) You must test in-use engines, for exhaust emissions, from the families we select. We may select up to 25 percent of your engine families in any model year—or one engine family if you have three or fewer families. We will select engine families for testing before the end of the model year. When we select an engine family for testing, we may specify that you preferentially test engines based on fuel type or equipment type. In addition, we may identify specific modes of operation or sampling times. You may choose to test additional engine families that we do not select.
(b) Send us an in-use testing plan within 12 calendar months after we direct you to test a particular engine family. Complete the testing within 24 calendar months after we approve your plan.
(c) You may need to test engines from more than one model year at a given time.
§ 1048.410 How must I select, prepare, and test my in-use engines?
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(a) You may make arrangements to select representative test engines from your own fleet or from other independent sources.
(b) For the selected engine families, select engines that you or your customers have—
(1) Operated for at least 50 percent of the engine family's useful life (see §1048.101(d));
(2) Not maintained or used in an abnormal way; and
(3) Documented in terms of total hours of operation, maintenance, operating conditions, and storage.
(c) Use the following methods to determine the number of engines you must test in each engine family:
(1) Test at least two engines if you produce 2,000 or fewer engines in the model year from all engine families, or if you produce 500 or fewer engines from the selected engine family. Otherwise, test at least four engines.
(2) If you successfully complete an in-use test program on an engine family and later certify an equivalent engine family with carryover emission data, as described in §1048.235(c), then test at least one engine instead of the testing rates in paragraph (c)(1) of this section.
(3) If you test the minimum required number of engines and all comply fully with emission standards, you may stop testing.
(4) For each engine that fails any applicable standard, test two more. Regardless of measured emission levels, you do not have to test more than ten engines in an engine family. You may do more tests than we require.
(5) You may concede that the engine family does not comply before testing a total of ten engines.
(d) You may do minimal maintenance to set components of a test engine to specifications for anything we do not consider an adjustable parameter (see §1048.205(p)). Limit maintenance to what is in the owner's instructions for engines with that amount of service and age. Document all maintenance and adjustments.
(e) Do at least one valid exhaust emission test for each test engine.
(f) For a test program on an engine family, choose one of the following methods to test your engines:
(1) Remove the selected engines for testing in a laboratory. Use the applicable steady-state and transient procedures in subpart F of this part to show compliance with the duty-cycle standards in §1048.101(a) and (b). We may direct you to measure emissions on the dynamometer using the supplemental test procedures in §1048.515 to show compliance with the field-testing standards in §1048.101(c).
(2) Test the selected engines while they remain installed in the equipment. Use the field testing procedures in subpart F of this part. Measure emissions during normal operation of the equipment to show compliance with the field-testing standards in §1048.101(c). We may direct you to include specific areas of normal operation.
(g) You may ask us to waive parts of the prescribed test procedures if they are not necessary to determine in-use compliance.
(h) Calculate the average emission levels for an engine family from the results for the set of tested engines. Round them to the number of decimal places in the emission standards expressed to one more decimal place.
§ 1048.415 What happens if in-use engines do not meet requirements?
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(a) Determine the reason each in-use engine exceeds the emission standards.
(b) If the average emission levels calculated in §1048.410(h) exceed any of the emission standards that apply, notify us within fifteen days of completing testing on this family. Otherwise follow the reporting instructions in §1048.420.
(c) We will consider failure rates, average emission levels, and any defects—among other things—to decide on taking remedial action under this subpart (see 40 CFR 1068.505). We may consider the results from any voluntary additional testing you conduct. We may also consider information related to testing from other engine families showing that you designed them to exceed the minimum requirements for controlling emissions. We may order a recall before or after you complete testing of an engine family if we determine a substantial number of engines do not conform to section 213 of the Act or to this part.
(d) If in-use testing reveals a design or manufacturing defect that prevents engines from meeting the requirements of this part, you must correct the defect as soon as possible for any future production for engines in every family affected by the defect.
(e) You may voluntarily recall an engine family for emission failures, as described in 40 CFR 1068.535, unless we have ordered a recall for that family under 40 CFR 1068.505.
(f) You have the right to a hearing before we order you to recall your engines or implement an alternative remedy (see §1048.820).
§ 1048.420 What in-use testing information must I report to EPA?
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(a) In a report to us within three months after you finish testing an engine family, do all the following:
(1) Identify the engine family, model, serial number, and date of manufacture.
(2) For each engine inspected or considered for testing, identify whether the diagnostic system was functioning.
(3) Describe the specific reasons for disqualifying any engines for not being properly maintained or used.
(4) For each engine selected for testing, include the following information:
(i) Estimate the hours each engine was used before testing.
(ii) Describe all maintenance, adjustments, modifications, and repairs to each test engine.
(5) State the date and time of each test attempt.
(6) Include the results of all emission testing, including incomplete or invalidated tests, if any.
(b) Send electronic reports of in-use testing to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver.
(c) We will send copies of your reports to anyone from the public who asks for them. See §1048.815 for information on how we treat information you consider confidential.
(d) We may ask for more information.
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40476, July 13, 2005]
§ 1048.425 What records must I keep?
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(a) Organize and maintain your records as described in this section. We may review your records at any time.
(b) Keep paper records of your in-use testing for one full year after you complete all the testing required for an engine family in a model year. You may use any additional storage formats or media if you like.
(c) Keep a copy of the written reports described in §1048.420.
(d) Keep any additional records related to the procurement process.
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40476, July 13, 2005]
Subpart F—Test Procedures
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§ 1048.501 How do I run a valid emission test?
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(a) Use the equipment and procedures for spark-ignition engines in 40 CFR part 1065 to determine whether engines meet the duty-cycle emission standards in §1048.101(a) and (b). Measure the emissions of all the pollutants we regulate in §1048.101 using the sampling procedures specified in 40 CFR part 1065. Use the applicable duty cycles specified in §§1048.505 and 1048.510.
(b) Section 1048.515 describes the supplemental procedures for evaluating whether engines meet the field-testing emission standards in §1048.101(c).
(c) Use the fuels specified in 40 CFR part 1065, subpart C, to perform valid tests for all the testing we require in this part, except as noted in §1048.515. For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in-use engines will use.
(d) In place of the provisions of 40 CFR 1065.405, you may consider emission levels stable without measurement after 50 hours of engine operation.
(e) To test engines for evaporative emissions, use the equipment and procedures specified for testing diurnal emissions in 40 CFR 86.107–96 and 86.133–96 with fuel meeting the specifications in 40 CFR part 1065, subpart C. Measure emissions from a test engine with a complete fuel system. Reported emission levels must be based on the highest emissions from three successive 24-hour periods of cycling temperatures. Note that you may omit testing for evaporative emissions during certification if you certify by design, as specified in §1048.245.
(f) You may use special or alternate procedures to the extent we allow them under 40 CFR 1065.10.
(g) This subpart is addressed to you as a manufacturer, but it applies equally to anyone who does testing for you, and to us when we perform testing to determine if your engines meet emission standards.
(h) Map all engines (including constant-speed engines) using the procedures specified in 40 CFR part 1065 for variable-speed engines. For constant-speed engines, continue the mapping procedure until you reach the high-idle speed (the highest speed at which the engine produces zero torque).
[70 FR 40476, July 13, 2005]
§ 1048.505 How do I test engines using steady-state duty cycles, including ramped-modal testing?
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This section describes how to test engines under steady-state conditions. In some cases, we allow you to choose the appropriate steady-state duty cycle for an engine. In these cases, you must use the duty cycle you select in your application for certification for all testing you perform for that engine family. If we test your engines to confirm that they meet emission standards, we will use the duty cycles you select for your own testing. We may also perform other testing as allowed by the Clean Air Act.
(a) You may perform steady-state testing with either discrete-mode or ramped-modal cycles, as follows:
(1) For discrete-mode testing, sample emissions separately for each mode, then calculate an average emission level for the whole cycle using the weighting factors specified for each mode. Calculate cycle statistics for the sequence of modes and compare with the specified values in 40 CFR 1065.514 to confirm that the test is valid. Operate the engine and sampling system as follows:
(i) Engines with lean NOX aftertreatment. For lean-burn engines that depend on aftertreatment to meet the NOX emission standard, operate the engine for 5–6 minutes, then sample emissions for 1–3 minutes in each mode.
(ii) Engines without lean NOX aftertreatment. For other engines, operate the engine for at least 5 minutes, then sample emissions for at least 1 minute in each mode. Calculate cycle statistics for the sequence of modes and compare with the specified values in 40 CFR part 1065 to confirm that the test is valid.
(2) For ramped-modal testing, start sampling at the beginning of the first mode and continue sampling until the end of the last mode. Calculate emissions and cycle statistics the same as for transient testing.
(b) Measure emissions by testing the engine on a dynamometer with one or more of the following sets of duty cycles to determine whether it meets the steady-state emission standards in §1048.101(b):
(1) For engines from an engine family that will be used only in variable-speed applications, use one of the following duty cycles:
(i) The following duty cycle applies for discrete-mode testing:
Table 1 of § 1048.505
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Minimum time
C2 Mode No. Engine speed Observed in mode Weighting
\1\ torque \2\ (minutes) factors
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1............................................... Maximum test 25 3.0 0.06
speed
2............................................... Intermediate 100 3.0 0.02
test speed
3............................................... Intermediate 75 3.0 0.05
test speed
4............................................... Intermediate 50 3.0 0.32
test speed
5............................................... Intermediate 25 3.0 0.30
test speed
6............................................... Intermediate 10 3.0 0.10
test speed
7............................................... Idle 0 3.0 0.15
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\1\ Speed terms are defined in 40 CFR part 1065.
\2\ The percent torque is relative to the maximum torque at the given engine speed.
(ii) The following duty cycle applies for ramped-modal testing:
Table 2 of § 1048.505
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Time in mode
RMC mode (seconds) Engine speed \1,2\ Torque (percent) \2,3\
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1a Steady-state..................... 119 Warm Idle.............. 0
1b Transition....................... 20 Linear Transition...... Linear Transition.
2a Steady-state..................... 29 Intermediate Speed..... 100
2b Transition....................... 20 Intermediate Speed..... Linear Transition.
3a Steady-state..................... 150 Intermediate Speed..... 10
3b Transition....................... 20 Intermediate Speed..... Linear Transition.
4a Steady-state..................... 80 Intermediate Speed..... 75
4b Transition....................... 20 Intermediate Speed..... Linear Transition.
5a Steady-state..................... 513 Intermediate Speed..... 25
5b Transition....................... 20 Intermediate Speed..... Linear Transition.
6a Steady-state..................... 549 Intermediate Speed..... 50
5b Transition....................... 20 Linear Transition...... Linear Transition.
6a Steady-state..................... 96 Maximum test speed..... 25
6b Transition....................... 20 Linear Transition...... Linear Transition.
7 Steady-state...................... 124 Warm Idle.............. 0
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\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
a linear progression from the torque setting of the current mode to the torque setting of the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.
(2) For engines from an engine family that will be used only at a single, rated speed, use one of the following duty cycles:
(i) The following duty cycle applies for discrete-mode testing:
Table 3 of § 1048.505
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Minimum time
D2 mode No. Engine speed Torque \1\ in mode Weighting
(minutes) factors
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1.................................. Maximum test............... 100 3.0 0.05
2.................................. Maximum test............... 75 3.0 0.25
3.................................. Maximum test............... 50 3.0 0.30
4.................................. Maximum test............... 25 3.0 0.30
5.................................. Maximum test............... 10 3.0 0.10
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\1\ The percent torque is relative to the maximum torque at maximum test speed.
(ii) The following duty cycle applies for ramped-modal testing:
Table 4 of § 1048.505
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Time in mode
RMC mode (seconds) Engine speed Torque (percent) \1,2\
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1a Steady-state..................... 53 Engine Governed........ 100
1b Transition....................... 20 Engine Governed........ Linear transition.
2a Steady-state..................... 101 Engine Governed........ 10
2b Transition....................... 20 Engine Governed........ Linear transition.
3a Steady-state..................... 277 Engine Governed........ 75
3b Transition....................... 20 Engine Governed........ Linear transition.
4a Steady-state..................... 339 Engine Governed........ 25
4b Transition....................... 20 Engine Governed........ Linear transition.
5 Steady-state...................... 350 Engine Governed........ 50
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\1\ The percent torque is relative to maximum test torque.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
a linear progression from the torque setting of the current mode to the torque setting of the next mode.
(3) Use a duty cycle from both paragraphs (b)(1) and (b)(2) of this section if you will not restrict an engine family to constant-speed or variable-speed applications.
(4) Use a duty cycle specified in paragraph (b)(2) of this section for all severe-duty engines.
(5) For high-load engines, use one of the following duty cycles:
(i) The following duty cycle applies for discrete-mode testing:
Table 5 of § 1048.505
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Minimum time
D1 mode No. Engine speed Torque \1\ in mode Weighting
(minutes) factors
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1.................................. Maximum test............... 100 3.0 0.50
2.................................. Maximum test............... 75 3.0 0.50
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\1\ The percent torque is relative to the maximum torque at maximum test speed.
(ii) The following duty cycle applies for discrete-mode testing:
Table 6 of § 1048.505
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Time in mode
RMC modes (seconds) Engine speed (percent) Torque (percent) \1,2\
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1a Steady-state..................... 290 Engine Governed........ 100
1b Transition....................... 20 Engine Governed........ Linear Transition.
2 Steady-state...................... 290 Engine Governed........ 75
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\1\ The percent torque is relative to maximum test torque.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
a linear progression from the torque setting of the current mode to the torque setting of the next mode.
(c) If we test an engine to confirm that it meets the duty-cycle emission standards, we will use the steady-state duty cycles that apply for that engine family.
(d) During idle mode, operate the engine with the following parameters:
(1) Hold the speed within your specifications.
(2) Set the engine to operate at its minimum fueling rate.
(3) Keep engine torque under 5 percent of maximum test torque.
(e) For full-load operating modes, operate the engine at wide-open throttle.
(f) See 40 CFR part 1065 for detailed specifications of tolerances and calculations.
(g) For those cases where transient testing is not necessary, perform the steady-state test according to this section after an appropriate warm-up period, consistent with 40 CFR part 1065, subpart F.
[70 FR 40476, July 13, 2005]
§ 1048.510 Which duty cycles do I use for transient testing?
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(a) Starting with the 2007 model year, measure emissions by testing the engine on a dynamometer with one of the following transient duty cycles to determine whether it meets the transient emission standards in §1048.101(a):
(1) For constant-speed engines and severe-duty engines, use the transient duty-cycle described in Appendix I of this part.
(2) For all other engines, use the transient duty cycle described in Appendix II of this part.
(b) If we test an engine to confirm that it meets the duty-cycle emission standards, we will use the transient duty cycle that applies for that engine family.
(c) Warm up the test engine as follows:
(1) Operate the engine for the first 180 seconds of the appropriate duty cycle from Appendix I or Appendix II of this part, then allow it to idle without load for 30 seconds. At the end of the 30-second idling period, start measuring emissions as the engine operates over the prescribed duty cycle. For severe-duty engines, this engine warm-up procedure may include up to 15 minutes of operation over the appropriate duty cycle.
(2) If the engine was already operating before a test, use good engineering judgment to let the engine cool down enough so measured emissions during the next test will accurately represent those from an engine starting at room temperature. For example, if an engine starting at room temperature warms up enough in three minutes to start closed-loop operation and achieve full catalyst activity, then minimal engine cooling is necessary before starting the next test.
(3) You are not required to measure emissions while the engine is warming up. However, you must design your emission-control system to start working as soon as possible after engine starting. In your application for certification, describe how your engine meets this objective (see §1048.205(b)).
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40478, July 13, 2005]
§ 1048.515 What are the field-testing procedures?
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(a) This section describes the procedures to determine whether your engines meet the field-testing emission standards in §1048.101(c). These procedures may include any normal engine operation and ambient conditions that the engines may experience in use. Paragraph (b) of this section defines the limits of what we will consider normal engine operation and ambient conditions. Use the test procedures we specify in §1048.501, except for the provisions we specify in this section. Measure emissions with one of the following procedures:
(1) Remove the selected engines for testing in a laboratory. You may use an engine dynamometer to simulate normal operation, as described in this section.
(2) Test the selected engines while they remain installed in the equipment. In 40 CFR part 1065, subpart J, we describe the equipment and sampling methods for testing engines in the field. Use fuel meeting the specifications of 40 CFR part 1065, subpart H, or a fuel typical of what you would expect the engine to use in service.
(b) An engine's emissions may not exceed the levels we specify in §1048.101(c) for any continuous sampling period of at least 120 seconds under the following ranges of operation and operating conditions:
(1) Engine operation during the emission sampling period may include any normal operation, subject to the following restrictions:
(i) Average power must be over 5 percent of maximum brake power.
(ii) Continuous time at idle must not be greater than 120 seconds.
(iii) The sampling period may not begin until the engine has reached stable operating temperatures. For example, this would exclude engine operation after starting until the thermostat starts modulating coolant temperature.
(iv) The sampling period may not include engine starting.
(v) For engines that qualify for the alternate Tier 2 emission standards in §1048.101(d), operation at 90 percent or more of maximum power must be less than 10 percent of the total sampling time. You may request our approval for a different power threshold.
(2) Engine testing may occur under any normal conditions without correcting measured emission levels, subject to the following restrictions:
(i) Barometric pressure must be between 80.0 and 103.3 kPa (600 and 775 mm Hg).
(ii) Ambient air temperature must be between 13° and 35 °C.
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40478, July 13, 2005]
Subpart G—Compliance Provisions
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§ 1048.601 What compliance provisions apply to these engines?
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Engine and equipment manufacturers, as well as owners, operators, and rebuilders of engines subject to the requirements of this part, and all other persons, must observe the provisions of this part, the requirements and prohibitions in 40 CFR part 1068, and the provisions of the Act.
[70 FR 40479, July 13, 2005]
§ 1048.605 What provisions apply to engines certified under the motor-vehicle program?
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(a) General provisions. If you are an engine manufacturer, this section allows you to introduce new nonroad engines into commerce if they are already certified to the requirements that apply to engines under 40 CFR parts 85 and 86 for the appropriate model year. If you comply with all the provisions of this section, we consider the certificate issued under 40 CFR part 86 for each engine to also be a valid certificate of conformity under this part 1048 for its model year, without a separate application for certification under the requirements of this part 1048. See §1048.610 for similar provisions that apply to engines certified to chassis-based standards for motor vehicles.
(b) Equipment-manufacturer provisions. If you are not an engine manufacturer, you may produce nonroad equipment using motor-vehicle engines under this section as long as you meet all the requirements and conditions specified in paragraph (d) of this section. If you modify the motor-vehicle engine in any of the ways described in paragraph (d)(2) of this section, we will consider you a manufacturer of a new nonroad engine. Such engine modifications prevent you from using the provisions of this section.
(c) Liability. Engines for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86. This applies to engine manufacturers, equipment manufacturers who use these engines, and all other persons as if these engines were used in a motor vehicle. The prohibited acts of 40 CFR 1068.101(a)(1) apply to these new engines and equipment; however, we consider the certificate issued under 40 CFR part 86 for each engine to also be a valid certificate of conformity under this part 1048 for its model year. If we make a determination that these engines do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505.
(d) Specific requirements. If you are an engine manufacturer or equipment manufacturer and meet all the following criteria and requirements regarding your new nonroad engine, the engine is eligible for an exemption under this section:
(1) Your engine must be covered by a valid certificate of conformity issued under 40 CFR part 86.
(2) You must not make any changes to the certified engine that could reasonably be expected to increase its exhaust emissions for any pollutant, or its evaporative emissions. For example, if you make any of the following changes to one of these engines, you do not qualify for this exemption:
(i) Change any fuel system or evaporative system parameters from the certified configuration (this does not apply to refueling controls).
(ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the engine manufacturer's application for certification. This includes aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original engine manufacturer's specified ranges.
(3) You must show that fewer than 50 percent of the engine family's total sales in the United States are used in nonroad applications. This includes engines used in any application without regard to which company manufactures the vehicle or equipment. Show this as follows:
(i) If you are the original manufacturer of the engine, base this showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of the engine to confirm this based on its sales information.
(4) You must ensure that the engine has the label we require under 40 CFR part 86.
(5) You must add a permanent supplemental label to the engine in a position where it will remain clearly visible after installation in the equipment. In the supplemental label, do the following:
(i) Include the heading: “NONROAD ENGINE EMISSION CONTROL INFORMATION”.
(ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate.
(iii) State: “THIS ENGINE WAS ADAPTED FOR NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.”.
(iv) State the date you finished modifying the engine (month and year), if applicable.
(6) The original and supplemental labels must be readily visible after the engine is installed in the equipment or, if the equipment obscures the engine's emission control information label, the equipment manufacturer must attach duplicate labels, as described in 40 CFR 1068.105.
(7) Send the Designated Compliance Officer a signed letter by the end of each calendar year (or less often if we tell you) with all the following information:
(i) Identify your full corporate name, address, and telephone number.
(ii) List the engine or equipment models you expect to produce under this exemption in the coming year.
(iii) State: “We produce each listed [engine or equipment] model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1048.605.”.
(e) Failure to comply. If your engines do not meet the criteria listed in paragraph (d) of this section, they will be subject to the standards, requirements, and prohibitions of this part 1048 and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1048. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101(a)(1).
(f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Engines adapted for nonroad use under this section may generate credits under the ABT provisions in 40 CFR part 86. These engines must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard under 40 CFR part 86.
[70 FR 40479, July 13, 2005]
§ 1048.610 What provisions apply to vehicles certified under the motor-vehicle program?
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(a) General provisions. If you are a motor-vehicle manufacturer, this section allows you to introduce new nonroad engines or equipment into commerce if the vehicle is already certified to the requirements that apply under 40 CFR parts 85 and 86 for the appropriate model year. If you comply with all of the provisions of this section, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1048 for its model year, without a separate application for certification under the requirements of this part 1048. See §1048.605 or similar provisions that apply to motor-vehicle engines produced for nonroad equipment. The provisions of this section do not apply to engines certified to meet the requirements for highway motorcycles.
(b) Equipment-manufacturer provisions. If you are not a motor-vehicle manufacturer, you may produce nonroad equipment from motor vehicles under this section as long as you meet all the requirements and conditions specified in paragraph (d) of this section. If you modify the motor vehicle or its engine in any of the ways described in paragraph (d)(2) of this section, we will consider you a manufacturer of a new nonroad engine. Such modifications prevent you from using the provisions of this section.
(c) Liability. Engines, vehicles, and equipment for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86. This applies to engine manufacturers, equipment manufacturers, and all other persons as if the nonroad equipment were motor vehicles. The prohibited acts of 40 CFR 1068.101(a)(1) apply to these new pieces of equipment; however, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1048 for its model year. If we make a determination that these engines, vehicles, or equipment do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505.
(d) Specific requirements. If you are a motor-vehicle manufacturer and meet all the following criteria and requirements regarding your new nonroad equipment and its engine, the engine is eligible for an exemption under this section:
(1) Your equipment must be covered by a valid certificate of conformity as a motor vehicle issued under 40 CFR part 86.
(2) You must not make any changes to the certified vehicle that we could reasonably expect to increase its exhaust emissions for any pollutant, or its evaporative emissions if it is subject to evaporative-emission standards. For example, if you make any of the following changes, you do not qualify for this exemption:
(i) Change any fuel system or evaporative system parameters from the certified configuration, including refueling emission controls.
(ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the vehicle manufacturer's application for certification. This includes aftertreatment devices and all related components.
(iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original vehicle manufacturer's specified ranges.
(iv) Add more than 500 pounds to the curb weight of the originally certified motor vehicle.
(3) You must show that fewer than 50 percent of the engine family's total sales in the United States are used in nonroad applications. This includes any type of vehicle, without regard to which company completes the manufacturing of the nonroad equipment. Show this as follows:
(i) If you are the original manufacturer of the vehicle, base this showing on your sales information.
(ii) In all other cases, you must get the original manufacturer of the vehicle to confirm this based on their sales information.
(4) The equipment must have the vehicle emission control information and fuel labels we require under 40 CFR 86.007–35.
(5) You must add a permanent supplemental label to the equipment in a position where it will remain clearly visible. In the supplemental label, do the following:
(i) Include the heading: “NONROAD ENGINE EMISSION CONTROL INFORMATION”.
(ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate.
(iii) State: “THIS VEHICLE WAS ADAPTED FOR NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.”.
(iv) State the date you finished modifying the vehicle (month and year), if applicable.
(6) The original and supplemental labels must be readily visible in the fully assembled equipment.
(7) Send the Designated Compliance Officer a signed letter by the end of each calendar year (or less often if we tell you) with all the following information:
(i) Identify your full corporate name, address, and telephone number.
(ii) List the equipment models you expect to produce under this exemption in the coming year.
(iii) State: “We produced each listed engine or equipment model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1048.610.”.
(e) Failure to comply. If your engines, vehicles, or equipment do not meet the criteria listed in paragraph (d) of this section, the engines will be subject to the standards, requirements, and prohibitions of this part 1048, and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1048. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101(a)(1).
(f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles.
(g) Participation in averaging, banking and trading. Vehicles adapted for nonroad use under this section may generate credits under the ABT provisions in 40 CFR part 86. These vehicles must use emission credits under 40 CFR part 86 if they are certified to an FEL that exceeds an applicable standard under 40 CFR part 86.
[70 FR 40480, July 13, 2005]
§ 1048.615 What are the provisions for exempting engines designed for lawn and garden applications?
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This section is intended for engines designed for lawn and garden applications, but it applies to any engines meeting the size criteria in paragraph (a) of this section.
(a) If an engine meets all the following criteria, it is exempt from the requirements of this part:
(1) The engine must have a total displacement of 1,000 cc or less.
(2) The engine must have a maximum engine power at or below 30 kW.
(3) The engine must be in an engine family that has a valid certificate of conformity showing that it meets emission standards for Class II engines under 40 CFR part 90 for the appropriate model year.
(b) The only requirements or prohibitions from this part that apply to an engine that meets the criteria in paragraph (a) of this section are in this section.
(c) If your engines do not meet the criteria listed in paragraph (a) of this section, they will be subject to the provisions of this part. Introducing these engines into commerce without a valid exemption or certificate of conformity violates the prohibitions in 40 CFR 1068.101.
(d) Engines exempted under this section are subject to all the requirements affecting engines under 40 CFR part 90. The requirements and restrictions of 40 CFR part 90 apply to anyone manufacturing these engines, anyone manufacturing equipment that uses these engines, and all other persons in the same manner as if these engines had a total maximum engine power at or below 19 kW.
[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40480, July 13, 2005]
§ 1048.620 What are the provisions for exempting large engines fueled by natural gas?
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(a) If an engine meets all the following criteria, it is exempt from the requirements of this part:
(1) The engine must operate solely on natural gas or liquefied petroleum gas.
(2) The engine must have maximum engine power at or above 250 kW.
(3) The engine must be in an engine family that has a valid certificate of conformity showing that it meets emission standards for engines of that power rating under 40 CFR part 89 or 1039.
(b) The only requirements or prohibitions from this part that apply to an engine that is exempt under this section are in this section.
(c) If your engines do not meet the criteria listed in paragraph (a) of this section, they will be subject to the provisions of this part. Introducing these engines into commerce without a valid exemption or certificate of conformity violates the prohibitions in 40 CFR 1068.101.
(d) Engines exempted under this section are subject to all the requirements affecting engines under 40 CFR part 89 or 1039. The requirements and restrictions of 40 CFR part 89 or 1039 apply to anyone manufacturing these engines, anyone manufacturing equipment that uses these engines, and all other persons in the same manner as if these were nonroad diesel engines.
(e) You may request an exemption under this section by submitting an application for certification for the engines under 40 CFR part 89 or 1039.
[70 FR 40481, July 13, 2005]
§ 1048.625 What special provisions apply to engines using noncommercial fuels?
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In §1048.115(e), we generally require that engines meet emission standards for any adjustment within the full range of any adjustable parameters. For engines that use noncommercial fuels significantly different than the specified test fuel of the same type, you may ask to use the parameter-adjustment provisions of this section instead of those in §1048.115(e). Engines certified under this section must be in a separate engine family.
(a) If we approve your request, the following provisions apply:
(1) You must certify the engine using the test fuel specified in §1048.501.
(2) You may produce the engine without limits or stops that keep the engine adjusted within the certified range.
(3) You must specify in-use adjustments different than the adjustable settings appropriate for the specified test fuel, consistent with the provisions of paragraph (b)(1) of this section.
(b) To produce engines under this section, you must do the following:
(1) Specify in-use adjustments needed so the engine's level of emission control for each regulated pollutant is equivalent to that from the certified configuration.
(2) Add the following information to the emission control information label specified in §1048.135:
(i) Include instructions describing how to adjust the engine to operate in a way that maintains the effectiveness of the emission-control system.
(ii) State: “THIS ENGINE IS CERTIFIED TO OPERATE IN APPLICATIONS USING NONCOMMERCIAL FUEL. MALADJUSTMENT OF THE ENGINE IS A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.”.
(3) Keep records to document the destinations and quantities of engines produced under this section.
[70 FR 40481, July 13, 2005]
§ 1048.630 What are the provisions for exempting engines used solely for competition?
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The provisions of this section apply for new engines built on or after January 1, 2006.
(a) Equipment manufacturers may use uncertified engines if the vehicles or equipment in which they are installed will be used solely for competition.
(b) The definition of nonroad engine in 40 CFR 1068.30 excludes engines used solely for competition. These engines are not required to comply with this part 1048, but 40 CFR 1068.101 prohibits the use of competition engines for noncompetition purposes. (continued)