[Title 40 CFR 89.107-96]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Part 89 - CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD ENGINES]
[Subpart B - Emission Standards and Certification Provisions]
[Sec. 89.107-96 - Defeat devices.]
[From the U.S. Government Publishing Office]




  40
  PROTECTION OF ENVIRONMENT
  9
  1996-07-01
  1996-07-01
  false
  
  89.107-96
  Sec. 89.107-96
  
    PROTECTION OF ENVIRONMENT
    ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
    CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD ENGINES
    Emission Standards and Certification Provisions
  


Sec. 89.107-96  Defeat devices.

    (a) An engine may not be equipped with a defeat device.
    (b) For purposes of this section, ``defeat device'' means any 
device, system, or element of design which senses operation outside 
normal emission test conditions and reduces emission control 
effectiveness.
    (1) Defeat device includes any auxiliary emission control device 
(AECD) that reduces the effectiveness of the emission control system 
under conditions which may reasonably be expected to be encountered in 
normal operation and use unless such conditions are included in the test 
procedure.
    (2) Defeat device does not include such items which either operate 
only during engine starting or are necessary to protect the engine (or 
equipment in which it is installed) against damage or accident during 
its operation.