[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34582-34657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14221]




[[Page 34581]]

_______________________________________________________________________

Part II





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 9 and 90



Control of Air Pollution; Emission for New Nonroad Spark-ignition 
Engines At or Below 19 Kilowatts; Final Rule

  Federal Register / Vol. 60, No. 127 / Monday, July 3, 1995 / Rules 
and Regulations  


[[Page 34582]]


ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 90

[FRL-5217-6]
RIN 2060-AF78


Control of Air Pollution; Emission Standards for New Nonroad 
Spark-ignition Engines At or Below 19 Kilowatts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action establishes the first phase of regulations to 
control emissions from new nonroad spark-ignition engines at or below 
19 kilowatts (25 horsepower). Regulatory requirements will for the 
first time control emissions from these engines, which cause or 
contribute to nonattainment of National Ambient Air Quality Standards 
for carbon monoxide (CO) and ozone. These engines are used principally 
in lawn and garden equipment. The new standards are expected to result 
in a 32 percent reduction in hydrocarbon (HC) emissions and a 7 percent 
reduction in CO emissions from these engines in the year 2020, when 
complete fleet turnover is projected. A second phase of regulations 
addressing emissions from these engines is currently under development.

EFFECTIVE DATE: This rule becomes effective on August 2, 1995. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of 
August 2, 1995.

ADDRESSES: Materials relevant to this rulemaking are contained in EPA 
Air Docket LE-131: Docket No. A-93-25 at the U.S. Environmental 
Protection Agency, room M-1500, 401 M Street SW., Washington, DC 20460. 
The docket may be inspected at this location from 8:30 a.m. until 5:30 
p.m. weekdays. The docket office also may be reached by telephone: 
(202) 260-7548 (or fax (202) 260-4400). As provided in 40 CFR part 2, a 
reasonable fee may be charged by EPA for photocopying.

FOR FURTHER INFORMATION CONTACT: Lisa Snapp, Office of Mobile Sources, 
Certification Division, (313) 741-7900.
    An informational workshop will be held at 10 a.m. on Thursday, 
August 10, 1995, at the Sheraton Inn, 3200 Boardwalk, Ann Arbor, 
Michigan; for more information, contact Linda Zirkelbach, Office of 
Mobile Sources, Certification Division, (313) 668-4567.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Obtaining Copies of Documents
II. Legal Authority and Background
III. Description of the Action
    A. Overview
    B. General Enforcement Provisions
    C. Program Description
IV. Public Participation
    A. Model Year Definition and Effective Date
    B. Definition of Handheld Equipment, Snowthrowers, and Two-
stroke Lawnmowers
    C. Requirements Applicable to Vehicle and Equipment 
Manufacturers
    D. CO Standard
    E. Labeling
V. Environmental Benefit Assessment
VI. Economic Effects
    A. Industry Cost Impacts
    B. Consumer Cost Impacts
    C. Cost-Effectiveness
VII. Administrative Requirements
    A. Administrative Designation and Regulatory Analysis
    B. Paperwork Reduction Act
    C. Unfunded Mandates Act
    D. Regulatory Flexibility Act

I. Obtaining Copies of Documents

    The proposed regulatory language (which was not published with the 
notice of proposed rulemaking for this rule), the final rulemaking 
(both preamble and regulatory language), the Regulatory Support 
Document (RSD), and the Response to Comments (RTC) are available 
electronically on the Technology Transfer Network (TTN). TTN is an 
electronic bulletin board system (BBS) operated by EPA's Office of Air 
Quality Planning and Standards. Users are able to access and download 
TTN files on their first call. After logging onto TTN BBS, to navigate 
through the BBS to the files of interest, the user must enter the 
appropriate command at each of a series of menus. The steps required to 
access information on this rulemaking are listed below. The service is 
free, except for the cost of the phone call.

TTN BBS: 919-541-5742 (1,200-14,400 bps, no parity, eight data bits, 
one stop bit)
Voice help: 919-541-5384;
Internet address: TELNET ttnbbs.rtpnc.epa.gov;
Off-line: Mondays from 8:00-12:00 Noon ET;
1. Technology Transfer Network Top Menu;
 GATEWAY TO TTN TECHNICAL AREAS (Bulletin Boards);
Command: T;
2. TTN TECHNICAL INFORMATION AREAS;
 OMS--Mobile Sources Information;
Command: M;
3. OMS BBS ==== MAIN MENU;
FILE TRANSFERS;
 Rulemaking & Reporting;
Command: K;
4. RULEMAKING PACKAGES;
<6> Non-Road;
Command: 6;
5. Non-Road Rulemaking Area;
File area # 2 . . . Non-Road Engines;
Command: 2;
6. Non-Road Engines.

    At this stage, the system will list all available nonroad engine 
files. To download a file, select a transfer protocol which will match 
the terminal software on your own computer, then set your own software 
to receive the file using that same protocol.
    If unfamiliar with handling compressed (that is, ZIP'ed) files, go 
to the TTN top menu, System Utilities (Command: 1) for information and 
the necessary program to download in order to unZIP the files of 
interest after downloading to your computer. After getting the files 
you want onto your computer, you can quit TTN BBS with the oodbye 
command.

II. Legal Authority and Background

    Authority for the actions set forth in this rule is granted to EPA 
by sections 202, 203, 204, 205, 206, 207, 208, 209, 213, 215, 216, and 
301(a) of the Clean Air Act as amended (``CAA'' or ``Act'') (42 U.S.C. 
7521, 7522, 7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 
7601(a)).
    On May 16, 1994, the Agency published a Notice of Proposed 
Rulemaking (NPRM) for this rule.1 That proposed rule contains 
substantial information relevant to the matters discussed throughout 
this final rule. The reader is referred to that document for additional 
background information and discussion of various issues.

    \1\ 59 FR 25399 (May 16, 1994).
    The Nonroad Engine and Vehicle Emission Study 2 (``Nonroad 
Study'') required by section 213(a)(1) of the Act was completed in 
November 1991. The Agency was required by section 213(a)(2) of the Act 
to determine whether emissions of CO, oxides of nitrogen (NOX), 
and volatile organic compounds (VOCs) from new and existing nonroad 
engines, equipment, and vehicles are significant contributors to ozone 
and CO concentrations in more than one area that has failed to attain 
the national ambient air quality standards for ozone and CO. This 
significance determination was finalized 

[[Page 34583]]
on June 17, 1994 (59 FR 31306) and is incorporated by reference into 
this final rulemaking. In that same Federal Register notice, the first 
set of regulations for a class or category of nonroad engines that 
cause or contribute to such air pollution, required by section 
213(a)(3), was promulgated for new nonroad compression-ignition (CI) 
engines at or above 37 kilowatts (kW). Today's action continues to 
implement section 213(a)(3) by establishing emission standards and 
other requirements for another class or category of nonroad engines 
that causes or contributes to such air pollution: nonroad spark-
ignition (SI) engines at or below 19 kW, hereafter referred to as 
``small SI engines.''

    \2\ The Nonroad Study is available in EPA Air Docket #A-91-24. 
It is also available through the National Technical Information 
Service, referenced as document PB 92-126960.
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    These standards reflect the greatest degree of emission reduction 
achievable through the application of technology that EPA has 
determined will be available for small SI engines, considering the cost 
of applying such technology within available lead time and noise, 
energy, and safety factors associated with such technology.
    According to the Nonroad Study, nonroad engines, equipment, and 
vehicles contribute an average of 10 percent of summer VOCs in the 
nineteen ozone nonattainment areas included in the study. Small SI 
engines are the source of half of those nonroad summer VOC emissions. 
In the sixteen CO nonattainment areas included in the study, nonroad 
engines, equipment, and vehicles account on average for 9 percent of 
winter CO emissions. Small SI engines are the source of 56 percent of 
the nonroad winter CO contribution, according to the study.
    The Agency initiated a convening process to determine the best way 
to work with industry and other interested parties in developing 
regulations for small SI engines. The conveners interviewed individuals 
in leadership roles in key organizations to determine what parties were 
interested in these regulations, what issues were important to 
interested parties, and whether a consultative rulemaking process would 
be feasible and appropriate. The convening report recommended an 
exploratory meeting of interested parties to discuss a consultative 
process.3 After two such meetings, it was suggested that EPA 
consider a two-phased approach to regulation of small SI engines. In 
the first phase, EPA would propose regulations for new small SI engines 
through the normal regulatory process rather than a consultative 
process. The Phase 1 regulations would be similar to the Regulation for 
1995 and Later Utility and Lawn and Garden Equipment Engines issued by 
the California Air Resource Board (CARB), modified as necessary to meet 
CAA requirements (for example, EPA's proposal could modify CARB's 
program by including engines preempted from regulation in California). 
The Phase 1 proposal would be completed as soon as possible, but no 
later than spring of 1995. The second phase of regulation could be 
developed through the consultative process of regulatory negotiation, 
and could include issues such as useful life, in-use emissions, 
evaporative emissions, refueling emissions, test procedure, and market-
based incentive programs. The Phase 2 negotiations were anticipated to 
begin in Fall 1993 and continue for approximately 18 months. The Agency 
decided to proceed with this phased approach.

    \3\ A copy of the convening report, dated August 24, 1992, is 
available in the docket for this rulemaking.
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    The settlement of Sierra Club v. Browner, Civ. No. 93-0197 NHJ 
(D.D.C. 1993) required EPA to propose emission standards for small SI 
engines by April 1994 and to promulgate such standards by May 30, 1995. 
In accordance with the terms of the settlement, the EPA Administrator 
signed the Phase 1 NPRM on April 29, 1994; the NPRM was published on 
May 16, 1994 (59 FR 25399).
    A public hearing was held on June 21, 1994. The close of the 
comment period on the NPRM was extended from July 15, 1994, to August 
5, 1994.

III. Description of the Action

    The general provisions of this rule are briefly described in this 
section.

A. Overview

    This rule initiates federal regulation of emissions of HC, 
NOX, and CO from certain new nonroad SI engines that have a gross 
power output at and below 19 kW.4 A spark-ignition engine is an 
internal combustion engine in which the air/fuel mixture is ignited in 
the combustion chamber by an electric spark.

    \4\ To convert kilowatts to horsepower multiply kW by 1.34 and 
round to the same number of significant digits. For example, 3.5 kW 
* 1.34 = 4.7 hP.
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    This rule has the following regulatory scheme:
     Designation of product lines into groups of engines with 
similar emission characteristics (such groups are called engine 
families),
     Manufacturer emission testing of selected engines with a 
specified test procedure to demonstrate compliance with new engine 
emission standards,
     Labeling of engines, and alternatively, equipment labeling 
if the engine label becomes obscured when placed in the equipment,
     Submission of an application for certification for each 
engine family,
     Inclusion of various certification requirements such as 
the prohibition of defeat devices,
     Issuance of an emission certificate of conformity for each 
engine family,
     Prohibition against offering for sale in the United States 
engines not certified by EPA,
     Requirement that equipment manufacturers use the 
appropriate handheld or nonhandheld certified engine in their 
equipment,
     Recordkeeping and reporting requirements,
     EPA Administrator testing provisions,
     Design warranty provisions and prohibition on tampering,
     Inclusion of all new farm and construction engines at or 
below 19 kW, state regulation of which is preempted under the CAA,
     Development of a voluntary engine manufacturer's program 
to evaluate in-use emission deterioration,
     Requirement that if catalysts are used in an engine 
family, catalyst durability must be confirmed by means of the 
evaluation procedure that is specified in this notice,
     Defect reporting and voluntary recall,
     Importation provisions,
     General prohibitions and enforcement provisions, and
     Production line Selective Enforcement Auditing (SEA). 
Certain elements of EPA's on-highway program are not being promulgated 
in this Phase 1 rule, including:
     No certification requirement for engine durability 
demonstration,
     No performance warranty,
     No averaging, banking, and trading program, and
     No useful life determination, in-use standards,5 nor 
mandatory recall.

    \5\ However, 40 CFR 90.105 specifies that a useful life period 
will be promulgated by 1997. In-use standards and enforcement are 
expected to be included in Phase 2.
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B. General Enforcement Provisions

    As authorized in the CAA, EPA will enforce nonroad standards in a 
manner similar to on-highway standards. Section 213(d) of the Act 
provides that the standards promulgated under section 213 ``shall be 
subject to sections [206, 207, 208, and 209], with such modifications 
of the applicable regulations implementing such sections 

[[Page 34584]]
as the Administrator deems appropriate, and shall be enforced in the 
same manner as standards prescribed under section [202].'' 6 
Section 206 specifies requirements for motor vehicles and motor vehicle 
engine compliance testing and certification. Section 207 requires 
manufacturers to warrant compliance by motor vehicles and motor vehicle 
engines in actual use. Section 208 requires recordkeeping by 
manufacturers of new motor vehicles or new motor vehicle engines and 
authorizes EPA to collect information and require reports. Finally, 
section 209 preempts states or any political subdivisions from 
enforcing standards relating to control of emissions, certification, 
inspection, or any other approval relating to the control of emissions 
of new motor vehicles or new motor vehicle engines, unless specifically 
authorized to do so by EPA. Section 209 also preempts states or any 
political subdivision from enforcing any standard or other requirement 
relating to the control of emissions from new nonroad engines or new 
nonroad vehicles.

    \6\ 42 U.S.C. 7547(d).
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    Pursuant to this authority, EPA is in today's action promulgating 
regulations that require manufacturers of new small SI engines to 
obtain certification and that subject them to Selective Enforcement 
Auditing. Any manufacturer of a new small SI engine is responsible for 
obtaining from the Administrator a certificate of conformity covering 
any engine introduced into commerce in the United States.
    The Agency is also finalizing general enforcement provisions and 
certain prohibited acts similar to those established for on-highway 
vehicles under sections 203, 204, 205, and 208 of the CAA. Section 203 
specifies prohibited acts; section 204 provides for federal court 
injunctions of violations of section 203(a); section 205 provides for 
assessment of civil penalties for violations of section 203; and 
section 208 provides the Agency with information collection authority. 
The general enforcement language of section 213(d) provides the 
Agency's authority for applying sections 203, 204, 205, 206, and 208 of 
the CAA to new small SI engines and equipment.
    As applied to nonroad engines, vehicles, and equipment under 
section 213(d), Phase 1 prohibited acts include, but are not limited 
to:
     An engine manufacturer's introduction into commerce of new 
small SI engines that are not covered by a certificate of conformity 
issued by EPA,
     The introduction into commerce of new small SI equipment 
and vehicles that do not incorporate the appropriate nonhandheld or 
handheld certified nonroad engine,
     Tampering with emission control devices or elements of 
design installed on or in a small SI engine, and
     Failure to provide information to the Agency if requested.
    The Agency is also establishing regulations, under the authority of 
section 205 of the Act, which set forth the maximum statutory penalties 
for violating the prohibitions.
    The Agency is promulgating general information collection 
provisions similar to current on-highway provisions under section 208 
of the Act which include, but are not limited to, the manufacturer's 
responsibility to provide information to EPA, perform testing if 
requested by EPA, and maintain records. In addition, emission system 
defect reporting regulations require manufacturers to report to EPA 
specific emission system-related defects that affect a given class or 
category of engines. Agency enforcement personnel are authorized to 
gain entry and access to various facilities under section 208 and 
today's action includes these entry and access provisions.
    This rule's information requirements are similar to those set forth 
in the nonroad large CI rule,7 but are reduced from the on-highway 
program requirements.

    \7\ 59 FR 31306 (June 17, 1994).
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    The Agency is authorized under section 217 of the CAA to establish 
fees to recover compliance program costs associated with sections 206 
and 207. In the future EPA will propose to establish fees for this 
nonroad compliance program, after determining associated costs of the 
compliance program.

C. Program Description

    This section describes several features of EPA's Phase 1 small SI 
engine and vehicle and equipment compliance program. Some specific 
issues related to the program which require in-depth discussion are 
highlighted in section IV. of this preamble (``Public Participation''); 
all issues commented upon are addressed in detail in the Response to 
Comments document, located in the docket. In particular, the Response 
to Comments document should be consulted for more information dealing 
with issues that are not discussed under the Public Participation 
section of this document but that have seen a significant change in EPA 
position between the NPRM and the final rule (specifically, the 
selection of the worst-case emitter, the voluntary in-use testing 
program, the absence of a cap on noise, and the catalyst durability 
requirements).
    1. Applicability
    This rule applies to new nonroad SI engines that have a gross power 
output rated at or below 19 kW and are manufactured during or after the 
1997 model year, for use in the United States. The scope of this rule 
encompasses a broad range of small SI engine applications, including 
farm and construction equipment, which individual states are preempted 
from regulating under section 209(e)(1) of the CAA. New engines that 
are covered by this rule are used in a large and varied assortment of 
vehicles and equipment including lawnmowers, string trimmers, edgers, 
chain saws, commercial turf equipment, small construction equipment, 
and lawn and garden tractors.
    2. Scope: Exemptions and Exclusions
    Pursuant to section 203(b)(1) of the CAA, the Agency is 
promulgating exemptions and exclusions from this new small SI engine 
regulation similar to those existing for on-highway engines and nonroad 
large CI engines. Nonroad engines used solely for competition or combat 
are excluded from regulation in accordance with the CAA. Exemptions 
have been established for purposes of research, investigations, 
studies, demonstrations, training, or for reasons of national security. 
Such exemptions may be obtained either categorically, that is without 
application to the Administrator, or by submitting a written 
application to the Administrator. Export exemptions and manufacturer-
owned engine exemptions will be granted without application. Testing 
exemptions, display exemptions, and national security exemptions must 
be obtained by application.
    The rule also explicitly limits its coverage such that it does not 
extend to the small SI engines described below:
    (1) Engines used to propel marine vessels, as defined in the 
General Provisions of the United States Code, 1 U.S.C. 3 (1992); this 
definition of ``vessel'' includes every description of watercraft or 
other artificial contrivance used, or capable of being used, as a means 
of transportation on water 8;

    \8\ The Agency proposed appropriate methods of regulating 
emissions from these engines separately; the NPRM was published on 
November 9, 1994 at 59 FR 55930.
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    (2) Engines used in underground mining or engines used in 
underground mining equipment and regulated by the Mining Safety and 
Health 

[[Page 34585]]
Administration (MSHA) in 30 CFR parts 7, 31, 32, 36, 56, 57, 70, and 
75;
    (3) Engines used in motorcycles and regulated in 40 CFR part 86, 
subpart E;
    (4) Engines used in aircraft, as that term is defined in 40 CFR 
87.1(a);
    (5) Engines used in recreational vehicles. Recreational vehicles 
are defined as engines which have no speed governor and which have a 
rated speed of greater than or equal to 5,000 revolutions per minute 
(rpm). Engines used in recreational vehicles, by definition, are not 
used to propel marine vessels, and they cannot be capable of meeting 
the criteria to be categorized as a Class III, IV, or V engine under 
this rule.
    3. Model Year and Effective Date
    The model year definition employed for the engines covered by this 
rulemaking is the same as that employed for on-highway certification. A 
model year includes January 1 of the calendar year for which it is 
designated, but does not include a January 1 for any other calendar 
year. The maximum duration of a model year is one calendar year plus 
364 days.
    This rule is effective with model year 1997. A manufacturer may 
choose to produce both certified engine families and uncertified engine 
families during annual production periods that start before September 
1, 1996. Annual production periods commencing prior to September 1, 
1996 must not exceed twelve months in duration; this limitation is only 
applicable for the start-up of this program. Engines manufactured in a 
production period commencing on or after September 1, 1996 must be 
certified. The sole exception among regulated engines is for Class V 
engines that are preempted from regulation in the State of California; 
for these engines, the effective date of the rule is January 1, 1998.
    New replacement engines manufactured after the applicable effective 
date are subject to this rule. The Agency is not establishing a 
separate effective date for nonroad equipment and vehicle 
manufacturers. However, as long as they do not stockpile noncertified 
engines, equipment and vehicle manufacturers may continue to use 
noncertified engines built prior to the effective date until 
noncertified engine inventories are used up.
4. Engine Classes
    Engine classes are specified both by engine displacement, as 
measured in cubic centimeters (cc), and by the type of equipment the 
engine powers--either handheld or nonhandheld. There are five engine 
classes covered by this rule. Each has a unique set of emission 
standards. Nonhandheld engine classes are: Class I--engines less than 
225 cc in displacement; and Class II--engines greater than or equal to 
225 cc in displacement. Engines powering equipment defined as handheld 
are classified as Class III: engines less than 20 cc in displacement, 
or Class IV: engines equal to or greater than 20 cc and less than 50 cc 
in displacement, or Class V: engines equal to or greater than 50 cc in 
displacement. The emission standards promulgated today are considered 
Phase 1 new small SI engine standards.
5. Handheld Engine Qualifications
    Small SI engines are categorized as either handheld or nonhandheld, 
depending on the use of the equipment in which the engine is installed. 
A handheld engine must meet at least one of the following four 
conditions:
    (1) The engine must be used in a piece of equipment that is carried 
by the operator throughout the performance of the intended function(s).
    (2) The engine must be used in a piece of equipment that must 
operate multipositionally, such as upside-down and/or sideways, to meet 
its intended function(s).
    (3) The engine must be used in a one-person auger for which the 
combined engine and equipment dry weight is under 20 kilograms (kg).
    (4) The engine must be used in a piece of equipment, other than an 
augur, for which the combined engine and equipment dry weight is under 
14 kg, no more than two wheels are present, and at least one of the 
following attributes is also present:
     The operator must alternately provide support or carry the 
equipment throughout the performance of its intended function(s).
     The operator must provide support or attitudinal control 
for the equipment throughout the performance of its intended 
function(s).
     The engine is used in a hand portable generator or pump.
6. Emission Standards
    Under this rule, exhaust emissions from new nonroad small SI 
engines must not exceed the standards applicable to their engine 
families based on their engine class, as listed in Table 1.

                                      Table 1.--Exhaust Emission Standards                                      
----------------------------------------------------------------------------------------------------------------
                   Engine characteristics                             Pollutant (gram per kilowatt-hour)        
----------------------------------------------------------------------------------------------------------------
                                               Displacement                                                     
      Class               Application           (cubic cm)      HC + NOX        HC           CO          NOX    
----------------------------------------------------------------------------------------------------------------
I                 Nonhandheld...............            <225         16.1                       469             
II                Nonhandheld...............  225         13.4                       469             
III               Handheld..................             <20                       295          805         5.36
IV                Handheld..................  20,                       241          805         5.36
                                                         <50                                                    
V                 Handheld..................   50                       161          603         5.36
----------------------------------------------------------------------------------------------------------------

    The Agency is providing exceptions to nonhandheld standards for 
engines used in two types of nonhandheld equipment. Engines used in 
two-stroke snowthrowers and engines used in two-stroke lawnmowers are 
allowed to comply with the handheld standards. In addition, the number 
of two-stroke lawnmower engines allowed to meet handheld standards is 
subject to a declining annual production cap; any excess annual 
production would have to meet nonhandheld standards. Moreover, 
manufacturers of engines used exclusively in snowthrowers and ice-
augers will be required to certify to and comply with only the 
applicable nonhandheld or handheld CO standard, and will not have to 
meet the HC standards, either nonhandheld or handheld, unless they opt 
to certify to those standards. The Agency has decided to finalize the 
combined HC + NOX standard for Classes I and II while requiring 
that the individual test results for HC and NOX also be submitted, 
as proposed.
    The Agency has not addressed standards for air toxics in this 
action.

[[Page 34586]]

7. Engine Family Categorization
    For the purpose of demonstrating emission compliance, EPA is 
requiring that manufacturers of small SI engines divide their product 
line into groups of engines, called engine families, which are composed 
of engines having identical physical characteristics and similar 
emission characteristics. Small SI engine families are determined by 
using the same criteria currently used to define on-highway motorcycle 
engine families.
    To be placed in the same engine family, engines are required to be 
identical in all the following applicable respects:
    (1) Combustion cycle;
    (2) Cooling mechanism;
    (3) The cylinder configuration (inline, vee, opposed bore spacings, 
and so forth);
    (4) The number of cylinders;
    (5) The engine class;
    (6) The number of catalytic converters (location, volume, and 
composition), and
    (7) The thermal reactor characteristics.
    At the manufacturer's option, engines identical in all the above 
respects could be further divided into different engine families if the 
Administrator determined that such engines were expected to have 
different emission characteristics. This determination would be based 
on a number of features, such as the intake and exhaust valve or port 
size, the fuel system, exhaust system, and method of air aspiration.
8. Certificate of Conformity, Requirements of Certification
    Each manufacturer of a new nonroad small SI engine is responsible 
for obtaining from the Administrator a certificate of conformity 
covering any engine introduced into commerce in the United States, 
before such engine is sold, offered for sale, introduced or delivered 
for introduction into commerce, or imported into the United States.
    Section 203 of the CAA does not prohibit the production of engines, 
vehicles, or equipment before a certificate of conformity is issued. An 
engine, a vehicle, or equipment may be covered by the certificate 
provided:
     The engine conformed in all material respects to the 
engine described in the application for the certificate of conformity, 
and
     The engine, vehicle, or equipment was not sold, offered 
for sale, introduced into commerce, or delivered for introduction into 
commerce prior to the effective date of the certificate of conformity.
    The Agency has established a number of requirements that an engine 
manufacturer must satisfy prior to granting a certificate of 
conformity. Engines equipped with adjustable operating parameters must 
comply with all the applicable emission standards over the full range 
of operating parameters and adjustments. Use of any device on a nonroad 
engine which senses operation outside normal emission test conditions 
and reduces the ability of the emission control system to control the 
engine's emissions is a prohibited act that is subject to civil 
penalties.
    Use of defeat devices is a prohibited act subject to civil 
penalties. The Agency reserves the right to require testing of a 
certification test engine over a modified test procedure if EPA 
suspects a defeat device is being used by an engine manufacturer on a 
particular engine.
    Finally, EPA is requiring that all engine crankcases be closed to 
preclude the emissions that occur when a crankcase is vented to the 
atmosphere. Since most currently produced engines do have closed 
crankcases, EPA believes this requirement will impact relatively few 
manufacturers.
9. Certification Procedures--Application Process
    Each engine manufacturer must submit an application to EPA 
requesting a certificate of conformity for each engine family for every 
model year. The Agency will issue certificates to cover production for 
a single model year. An application must be submitted every model year 
even when the engine family does not change from the previous 
certificate, although representative test data may be reused in the 
succeeding model year's application.
    The test engine(s) representing an engine family must demonstrate 
that its emissions are less than or equal to each separate emission 
standard. If the emissions from the test engine are below the 
applicable standards and all other requirements of the regulation are 
met (including the information required in 40 CFR part 90), EPA will 
issue a certificate of conformity for that engine family.
    The application must provide EPA with sufficient information to 
assess the appropriate test results and determine the physical and 
emission characteristics of the engine family, as well as compliance 
with the applicable emission standards. It is important that the engine 
manufacturer succinctly, fully, and accurately submit all pertinent 
information to EPA and maintain internal records which can be easily 
accessed if such access is determined to be necessary by EPA.
    If changes to an engine family configuration occur after the 
application is submitted which cause the changed version to be the 
engine family's worst case emitter, then emission testing of the 
changed version is required. Additionally, the Administrator may 
require a manufacturer to conduct testing of a changed version that is 
not a worst case emitter to demonstrate compliance.
10. Certification Procedures--Testing Overview and Preliminaries
    The emission level used to certify an engine family must be equal 
to the highest emission test level reported for any engine 
configuration in that family. The engine manufacturer is responsible 
for selecting and testing one engine from each engine family which is 
most likely to be that engine family's worst case emitter. The Agency 
expects that the worst case engine would normally be that engine 
configuration which has the highest weighted brake-specific fuel 
consumption over the certification test cycle, but will allow the 
manufacturer to submit data from another engine if it can support its 
contention that the alternative engine represents the worst case 
emitter. The Agency may verify the test results by requiring 
Administrator testing of this engine, or it may opt to test any 
available test engine representing other configurations in the engine 
family if it believes the manufacturer did not make a good faith effort 
to select the worst case emitter.
    Before the manufacturer carries out emission testing, it must 
perform a number of hours of service accumulation on each test engine 
over the dynamometer cycle of its choice, based on good engineering 
practices (for example, an operational cycle representative of typical 
``break-in'' of a new production engine in actual use). For each engine 
family, the manufacturer must determine the number of hours required to 
stabilize the emissions of the test engine, but this stabilization 
period cannot exceed twelve hours. The manufacturer must maintain and 
provide in its application to the Administrator a record of the 
rationale used both in making the dynamometer cycle selection and in 
making the service accumulation hours determination.
    The manufacturer must conduct emission tests of the selected 
engine(s) using the test procedure established in 40 CFR part 90. 
However, this rulemaking does provide for EPA review and approval of 
special test procedures if the small SI engine is not capable of 

[[Page 34587]]
being satisfactorily tested under the established test procedures.
    The Agency does not require engine manufacturers to maintain any 
certification test engine after a certificate has been granted; 
however, the manufacturer may find it useful to do so for future 
showings to EPA. For example, a manufacturer may use such engines for 
back-to-back testing when running changes occur and the manufacturer 
wishes to show that no significant emissions impact has resulted.
11. Certification Procedures--Fuels
    For the purposes of Phase 1 nonroad small SI compliance testing, 
EPA has decided to allow the optional use of Indolene fuel in addition 
to the Clean Air Act Baseline (CAAB) fuel that was specified in the 
proposal. (Indolene is the trade name for the fuel specified at 40 CFR 
86.113 for most light-duty compliance test procedures, referred to as 
``Otto-cycle test fuel'' in the regulations.) Since the CARB regulation 
allows the use of either Indolene or Phase 2 fuel, a test performed 
using Indolene could be used to satisfy both federal and CARB 
requirements for small SI engines. The Agency reserves the right to 
perform confirmatory testing as well as selective enforcement audits on 
either CAAB or Indolene, regardless of which fuel the manufacturer 
chooses for its data submittal.
    This rule sets forth no special standards nor test procedures for 
engines that utilize fuels other than gasoline. These regulations apply 
regardless of the fuel utilized by a small SI engine, so long as the 
engine otherwise meets the criteria for coverage under this rule. The 
Agency will consider whether additional guidance or regulation is 
appropriate regarding any relevant issues brought to its attention 
concerning engines that use fuels other than gasoline. The Agency 
requests that such concerns be relayed to EPA as they arise.
    The Agency may revisit the fuel specifications issue in a future 
small nonroad engine rulemaking, depending upon the standards and 
technology anticipated to be necessary for compliance.
12. Certification Procedures--Emission Test Procedure for HC, CO, and 
NOX
    The rule establishes a single test procedure that includes a test 
cycle for measuring HC, CO, and NOX. There are three different 
cycles available: one cycle applies to all Class III, IV, and V engines 
(Cycle C), while two cycles are permissible for use with Class I and II 
engines (Cycles A and B).
    Cycle B can be used for those Class I and II engine families in 
which 100 percent of the engines are sold with a governor that 
maintains engine speed within  2 percent of rated speed 
(the manufacturer-specified maximum power of an engine) under all 
operating conditions. Cycle B is a six-mode steady state cycle 
consisting of five power modes at rated speed and one no-load mode at 
idle speed. For all other Class I and II engines, Cycle A is required. 
Cycle A is identical to Cycle B, except the five power modes are run at 
intermediate engine speed (85 percent of rated speed).
    The engine manufacturer must use Cycle C for engines falling into 
Classes III, IV, and V. Cycle C is a two-mode steady state cycle 
consisting of one power mode (at rated speed) and one no-load mode at 
idle speed. The test modes for each cycle must be run in a prescribed 
order.
    The methods used to measure the gaseous emissions of HC, CO, and 
NOX for all small engines are independent of engine type and test 
cycle. Manufacturers may sample emissions using either the Raw Gas 
Method or the Constant Volume Sampling Method. Using either method, 
each test engine must be stabilized at each mode before emission 
measurement began. After stabilizing the power output during each mode, 
the concentration of each pollutant, exhaust volume, and fuel flow is 
determined. The measured values are weighted and then used to calculate 
the grams of exhaust pollutant emitted per kilowatt-hour.
13. Confirmatory Testing Options
    The Agency's confirmatory testing provisions set forth in this rule 
allow EPA flexibility in determining when and where engine testing may 
occur. The Agency may require confirmatory engine testing at any given 
location, including at a manufacturer's facility, and may also require 
the manufacturer to make available specified instrumentation and 
equipment. Any testing conducted at a manufacturer's facility must be 
scheduled by the manufacturer as promptly as possible. Authorized EPA 
personnel must be given access to the facilities to observe such 
testing.
14. Retention of Information; Amendments to the Application
    The manufacturer is responsible for retaining certain information 
applicable to each test engine, along with copies of the submitted 
applications for individual certificates of conformity. The 
manufacturer must also submit an amendment to the application or 
certificate of conformity whenever additional small SI engines are 
added to an engine family or changes are made to a product line covered 
by a certificate of conformity. Notification normally would occur prior 
to either producing such engines or making such changes to a product 
line.
15. Selective Enforcement Auditing Program
    The small SI engine SEA program, authorized by CAA section 213, is 
an emission compliance program for new production nonroad engines that 
allows EPA to issue an SEA test order for any engine family for which 
EPA has issued a certificate of conformity. Failure of an SEA may 
result in suspension or revocation of the certificate of conformity for 
that engine family. To have the certificate reinstated subsequent to a 
suspension, or reissued subsequent to a revocation, the manufacturer 
must demonstrate by showing passing data that improvements, 
modifications, or replacements have brought the family into compliance. 
The manufacturer may challenge EPA's suspension or revocation decision 
based on application of the sampling plans or the manner in which tests 
were conducted.
16. No Useful Life Period, In-use Enforcement, or Mandatory In-use 
Testing Program
    The final rule does not determine a small SI engine useful life 
period or establish an in-use enforcement program. However, as further 
explained in the Response to Comments document, the Agency is allowing 
a voluntary in-use testing program modeled on the testing program it 
proposed in the NPRM. The Agency will not require approval of in-house 
test programs voluntarily created by manufacturers nor creation of such 
programs. Instead, the Agency will provide guidance according to the 
testing program proposed in the NPRM to those manufacturers who choose 
to conduct a program by which they could test a sample of engines while 
in-use.
    Although EPA has promulgated no in-use emission standards for Phase 
1 engines, it anticipates that manufacturers would take appropriate 
actions to prevent recurrence of in-use noncompliance should it be 
discovered. Voluntary in-use testing will not be a requirement that 
needs to be fulfilled under a conditional certificate program. 
Therefore, the conditional certificate program that was proposed for 
Phase 1 is not being adopted.
    One commenter suggested that a voluntary testing program be 
developed 

[[Page 34588]]
in place of a mandatory program to develop meaningful data. EPA agrees 
that this type of a program is more appropriate for Phase 1 and will 
allow manufacturers to become familiar with an in-use testing program. 
Because the Agency has chosen not to promulgate an in-use standard or 
useful life period within this rule, it has decided that a mandatory 
in-use testing program conducted by manufacturers is unnecessary at 
this time.
17. Labeling
    The engine manufacturer is responsible for proper labeling of 
engines from each engine family. Manufacturers must label every engine 
covered by this rulemaking, but they are not required to supply unique 
numbers for each engine. The label indicates that the engine can meet 
the standards appropriate to its class.
    The Agency has decided that an engine label that meets the labeling 
requirements for engines sold in the state of California will be 
accepted as meeting federal labeling requirements, provided the label 
states that it meets federal standards.
    This action also requires that equipment and vehicle manufacturers 
apply a supplemental label to the equipment or vehicle if the engine 
label is obscured.
18. Importation Restrictions
    Nonconforming small SI engines, vehicles, and equipment will 
generally not be permitted to be imported for purposes of resale, 
except as specifically permitted by this action. This rule provides 
certain exemptions for various reasons, including repairs and 
alterations, testing, pre-certification, display, national security, 
and hardship. In addition, nonconforming small SI engines that are 
exempted from importation restrictions include engines greater than 20 
original production years old, engines used solely in competition, and 
certain engines proven to be identical, in all material respects, to 
their corresponding United States certified versions.
    Today's action will permit individuals to import on a single 
occasion up to three nonconforming small SI engines, vehicles, or 
equipment items for personal use (and not for purposes of resale). 
After an individual's limit of three, or after the first importation, 
additional small SI engines, vehicles, or equipment will not be 
permitted to be imported under this rule unless otherwise provided 
under another exemption or exclusion.
    The Agency has also decided not to establish an independent 
commercial importers (ICI) program for small SI engines.
19. Defect Reporting and Voluntary Recall
    The Agency is adopting the proposed emission defect reporting 
regulations which require a manufacturer to report emission-related 
defects that affect a given class or category of small SI engines 
whenever it identifies the existence of a specific emission-related 
defect in twenty-five or more engines in a single engine family 
manufactured in the same model year. However, no report need be filed 
with EPA if the defect is corrected prior to the sale of the affected 
engines to the ultimate purchaser.
    The Agency requires that individual manufacturers establish 
voluntary recall programs, when appropriate. It has established limited 
guidelines for engine manufacturers to follow when undertaking such a 
program.
20. Emission Defect Warranty Requirements
    The emission defect warranty will be provided by engine 
manufacturers for the first two years of engine use, which is 
harmonious with the two-year warranty period set forth in California's 
lawn and garden regulations. The warranty requirements are consistent 
with emission defect warranty policies developed for on-highway 
vehicles, located in section 207(a) of the Act. Manufacturers of new 
nonroad engines must warrant to the ultimate purchaser and each 
subsequent purchaser that such engine was (1) designed, built, and 
equipped so as to conform at the time of sale with applicable 
regulations under section 213 of the Act, and (2) free from defects in 
materials and workmanship which cause such engine to fail to conform 
with applicable regulations for its warranty period.
21. Prohibited Acts; Tampering
    The Agency is adopting provisions that will prohibit introducing 
engines into commerce in the United States which are not covered by a 
certificate of conformity issued by EPA. Additionally it will be a 
prohibited act to use a regulated but uncertified nonroad engine in 
nonroad vehicles or equipment. It is also a prohibited act for any 
person to tamper with any emission-related component or system 
installed on or in a small SI engine. The Agency has applied the 
existing policies developed for on-highway tampering to engines 
included in this rule. (See Office of Enforcement and General Counsel; 
Mobile Source Enforcement Memorandum No. 1A, June 25, 1974.9)

    \9\ EPA Air Docket #A-93-25, item II-B-01.
---------------------------------------------------------------------------

    Adjustments outside of manufacturer's suggested parameters, 
installation of replacement parts, or installation of add-on parts 
might not necessarily be considered to be tampering so long as 
regulated emissions do not increase and engine durability is not 
adversely impacted as a result of such adjustments, replacement parts, 
or add-on parts. For example, a manufacturer may install conversion 
kits so that engines are capable of utilizing alternative fuels if 
testing has been conducted according to the procedures specified in 
subpart E of part 90 to ensure that regulated emissions will not 
increase as a result of the conversion and use of alternative fuels. A 
manufacturer is not required to send documentation that emissions do 
not increase to EPA, but should be able to provide such documentation 
upon request. EPA's tampering enforcement policy memorandum cited above 
addresses these issues and should be used as a reference to determine 
whether they constitute tampering or are allowable under the provisions 
of this rule.
22. Catalyst Durability
    Although EPA has not established full emission control system 
durability demonstration requirements in the rulemaking, it expects 
manufacturers to design such systems to be durable; that is, to be 
effective in realizing emission reduction benefits under normal in-use 
operating conditions not only when the engines are new, but also during 
operation in-use, over time. While full emission control system 
durability demonstration requirements are expected to be included in 
the Phase 2 regulations for small SI engines, EPA has concerns that 
certain emission control components, namely catalysts, warrant separate 
consideration.
    Therefore, EPA is adopting durability demonstration requirements 
for catalysts in this rule. If catalysts are used in an engine family 
to meet the emission standards of this regulation, the engine 
manufacturer must affirm that the durability of the catalysts has been 
confirmed on the basis of the evaluation procedure that is specified in 
this rulemaking. The requirements adopted by EPA differ in some ways 
from the proposal (regarding thermal stress testing requirements, 
exhaust gas composition for testing of three-way catalysts, and 
deterioration limits) that are discussed in more detail in the Response 
to Comments. 

[[Page 34589]]

23. No Cap on Noise
    While EPA proposed that noise produced by new small SI engines 
would not be allowed to increase over current levels as a result of the 
proposed emission standards, it has decided not to promulgate such a 
requirement. Although EPA continues to believe noise control is 
important, without standards and test procedures, such a requirement is 
not enforceable. The Agency expects that the types of modifications to 
current engine design that will be performed to assure compliance with 
emission standards will not impact noise levels. However, EPA may 
regulate engine noise if it becomes aware that noise levels do actually 
increase subsequent to promulgation of this rulemaking.
24. No Averaging, Banking, and Trading Program
    This rule does not extend averaging, banking, and trading, nor any 
of the elements of such a program, to the certification program for the 
engines subject to this regulation. Averaging, banking, and trading are 
being discussed as options for Phase 2.

IV. Public Participation and Comment

    The Agency received submissions during the comment period for the 
NPRM from thirty-three commenters. Copies of all of the written 
comments submitted to EPA, as well as records of all oral comments 
received during the comment period, can be obtained from the docket for 
this rule (see ADDRESSES).
    This section responds to certain comments received from the public 
on major issues. The docket also contains a ``Response to Comments'' 
document that provides a more detailed summary of the comments, 
including many issues not covered in this preamble because they were 
minor or less contentious issues, and EPA's rationale for its 
responses.

A. Model Year Definition and Effective Date

    This rule will become effective beginning with the 1997 model year. 
The Agency proposed an effective date of August 1, 1996 for 
implementation of this rulemaking. Regarding the definition of model 
year, EPA requested comment on three options: (1) a model year 
beginning August 1 and ending July 31 of the succeeding year, (2) a 
model year like that in the on-highway program, beginning January 2 of 
one year and ending December 31 of the succeeding year, and (3) a model 
year like that in the on-highway program, but beginning August 1 and 
ending July 31 of the second succeeding year.
    Several states, associations of state and local air officials, and 
an environmental association supported an effective date of January 1, 
1996. They noted that delayed implementation of this rule decreases the 
value of a phased approach to small engine regulation by eroding the 
near-term benefits of a program intended largely to provide near-term 
benefits. A state, an environmental association, and associations of 
state and local air officials that are participants in the regulatory 
negotiation for the second phase of small engine regulation stated that 
their agreement to participate in the negotiated rulemaking was based 
partly on a January 1, 1996 effective date for the Phase 1 rulemaking.
    Several states and a manufacturer supported the proposed effective 
date of August 1, 1996. One state argued that manufacturers have had 
ample notice of the fact that they would be regulated, and that to 
delay would reward parties that have not devoted resources in good 
faith to develop cleaner engines. Another state commented that it would 
have to adopt California's regulation for SI engines under 25 
horsepower to get the SIP credits it needs if the federal rule's 
effective date is delayed.
    Several manufacturers and industry associations supported an August 
1, 1997 effective date, citing lead time considerations. An association 
pointed out that the interval between promulgation of the final rule in 
May 1995 and the effective date of August 1, 1996 would provide only 
one year of lead time prior to implementation, which it considered to 
be insufficient for engine manufacturers to retool to achieve emission 
compliance for implementation of nationwide standards.
    Another industry association and a manufacturer commented that an 
August effective date does not coincide with the production cycle for 
all engines covered by this rule; many operate on a calendar year 
basis. That association supported setting an effective date two years 
after California's regulations become effective (e.g., January 1, 1997) 
for products that are not preempted in California and an effective date 
two years after this Phase 1 rule takes effect (e.g., January 1, 1999) 
for products that are preempted in California. The association cited 
lead time concerns, particularly in regard to products that are 
preempted from regulation in California. One manufacturer supported a 
January 1998 effective date for engines used in products that are 
preempted from regulation in California, arguing that the additional 
lead time is critical to prevent disruptions in supply since most 
attention has been focused on engine development for non-preempted 
products.
    Comments on the definition of model year were received from 
manufacturers and industry, state and local air officials, and an 
environmental association. All comments supported the on-highway model 
year definition.
    The Agency has decided upon a model year 1997 effective date and 
has adopted the on-highway model year definition. The 1997 model year 
will run from January 2, 1996 to December 31, 1997.
    The Agency acknowledges industry's need for sufficient lead time. 
It also acknowledges the need of states to realize reductions of air 
pollutant emissions, and to adhere to schedules mandated in the CAA for 
reasonable further progress toward VOC reductions from 1990 levels and 
for attainment of the National Ambient Air Quality Standard for ozone. 
The model year 1997 effective date provides additional lead time for 
those manufacturers that take advantage of the flexibility allowed by 
the model year definition; it also allows early introduction of 
complying products by manufacturers that are in a position to produce 
complying products earlier in the model year rather than later.
    The Agency is allowing additional lead time for Class V engines 
covered by this rule that are used in farm and construction equipment 
or vehicles which CAA section 209(e)(1)(A) preempts from state 
regulation. The effective date for such Class V engines is January 1, 
1998.
    Under the final rule, the model year includes January 1 of the 
calendar year for which it is designated and does not include a January 
1 of any other calendar year. The maximum duration of a model year is 
one calendar year plus 364 days. A certificate of conformity is issued 
for each engine family introduced into commerce for a single model 
year. The annual production period within a model year for any specific 
model within an engine family begins either: (1) when such engine is 
first produced, or (2) on January 2 of the calendar year preceding the 
year for which the model year is designated, whichever date is later. 
The annual production period ends either: (1) when the last such engine 
is produced, or (2) on December 31 of the calendar year for which the 
model year is named, whichever date is sooner.
    Introducing a specific model year engine into commerce prior to or 
after the model year for which the certificate is issued and in effect 
is a prohibited act. However, in recognition of the fact 

[[Page 34590]]
that some manufacturers will be in a position to ship certified engines 
prior to January 2, 1996, EPA is making an exception for engine 
families that are certified by EPA prior to January 2, 1996; such 
engine families may enter commerce prior to January 2, 1996, once a 
certificate of conformity has been issued. Engines produced after 
December 31 of the calendar year for which the model year is named are 
not covered by the certificate of conformity for that model year. A new 
certificate of conformity demonstrating compliance with applicable 
standards must be obtained for such engines, even if they are identical 
to engines built before December 31.
    To provide maximum flexibility in the start-up of this program, the 
Agency is interpreting the Phase 1 model year definition somewhat 
differently than in the on-highway program. For the 1997 model year 
only, manufacturers may choose to produce both certified and 
uncertified engine families during annual production periods that begin 
prior to September 1, 1996. All engines manufactured during annual 
production periods that begin on or after September 1, 1996 must be 
certified. In addition, annual production periods that begin prior to 
September 1, 1996 may not exceed twelve months in length, to ensure 
that all engines are certified no later than calendar year 1997. The 
Agency has determined that flexibility in the interpretation of the 
model year definition for program start-up is necessary in fairness to 
manufacturers both to provide additional lead time and to account for 
the variability in production periods of the small SI engine industry.
    For example, a manufacturer of lawnmower engines with an annual 
production period from July 1996 to June 1997 might choose to certify 
two-thirds of its engine families by July 1996, with the remainder of 
its production being uncertified. Normally, the manufacturer must 
certify all its engines in every annual production period; the enhanced 
flexibility provided by this special interpretation, which allows the 
manufacturer to choose when to begin certifying in production periods 
beginning before September 1, 1996, is for the start-up of this program 
only.
    The lawnmower manufacturer in the example above may call the engine 
families certified in calendar year 1996 either model year 1996 or 
model year 1997 engines; the advantage to calling them model year 1997 
engines is that they can then be built past December 31, 1996. 
Similarly, the lawnmower engine families certified in calendar year 
1997 may be called model year 1997 or model year 1998 engines, but only 
model year 1998 engines may be built beyond December 31, 1997.
    Another example is a string trimmer engine manufacturer that 
operates on a January to December production period. The manufacturer 
may choose to certify any portion of its engine families in January 
1996, and must certify all its engine families in January 1997.
    The Agency expects that manufacturers will federally certify a 
substantial number of engine families in calendar year 1996 to take 
maximum advantage of ``green'' marketing strategies. Most of the engine 
families covered by this regulation will already have been certified to 
California standards prior to model year 1997. No data are available 
for EPA to accurately predict the percentage of small engine families 
that will be certified in calendar year 1996. For purposes of state 
implementation plan submittals, EPA is estimating that half will be 
certified in calendar year 1996.
    Under no circumstances should the model year definition be 
interpreted to allow existing models to ``skip'' annual certification 
by pulling ahead the production of every other model year. While this 
situation, to the Agency's knowledge, has not occurred in the past, a 
practice of producing vehicles or equipment for a two-year period would 
violate the Congressional intent of annual certification based upon an 
annual production period. The Agency is not currently setting forth 
rules for how to determine when abuse has occurred, since this has not 
been a problem to date. However, the Agency is requiring that engine 
manufacturers certify annually based on an annual production period.

B. Definition of Handheld Equipment, Snowthrowers, and Two-stroke 
Lawnmowers

1. Definition and General Provisions
    The Agency proposed that small SI engines be categorized as either 
handheld or nonhandheld, depending on the usage of the equipment in 
which the engine is installed. To qualify as handheld, it was proposed 
that the engine be required to meet at least one of three criteria. In 
summary, the criteria are that the engine must be used in a piece of 
equipment that is carried by the operator; or that it is operate 
multipositionally; or that it is used in a two-wheeled piece of 
equipment having a combined engine and equipment dry weight under 14 kg 
and also has certain other specific attributes (for the criteria in 
detail, see section III.C.5. of this preamble, ``Handheld Engine 
Qualifications'').
    Comments on this issue submitted by state and environmental 
organizations suggested that EPA tighten the definition to further 
limit the extent of the handheld category and prevent abuse of the 
classifications, while manufacturers and their organizations suggested 
loosening the definition to allow the equipment of concern to their 
group to fall into the handheld category.
    The Agency is retaining its handheld equipment definition largely 
as proposed, with the only changes being the addition of a fourth 
category for one-person augers under 20 kg and the elimination of the 
term ``exclusively'' from the category for pumps and generators. Based 
on an extensive review of product literature, the Agency believes that 
this revised definition adequately describes those types of equipment 
that are legitimately handheld while excluding nonhandheld 
applications.
    As described more fully in the preamble to the proposed rule, the 
necessity for a distinction between handheld and nonhandheld equipment 
is based in part on the substantial difference between emissions from 
current four-stroke and two-stroke engines, which is an inherent result 
of their design differences. Although two-stroke engines have 
significantly higher emissions, their use is necessary in some 
applications because they are generally lighter for the same rated 
power and can be used in any orientation, unlike their four-stroke 
counterparts. Of course, the Agency is not requiring the use of either 
two-stroke or four-stroke engines in any particular type of equipment. 
If technological advances are such that two-stroke engines can meet the 
nonhandheld standards, manufacturers are free to utilize that 
technology or any other technology that can meet the standards. The 
distinction between handheld and nonhandheld equipment is not to 
specifically limit the use of any type of engine but, rather, to limit 
emissions as much as is achievable while recognizing the unique needs 
of handheld applications.
    The Agency is sympathetic to comments that it should coordinate its 
handheld definition with CARB. Nevertheless, it believes that its 
definition clarifies and expands on the CARB definition in ways 
important to the federal program. Given the different mandates of the 
two organizations and the specific air quality problems of the State of 
California, EPA believes it is not inappropriate for the definitions to 
be slightly different. 

[[Page 34591]]

    Also, an investigation into the types of equipment each definition 
would cover reveals that there is a very high degree of overlap. 
Equipment types considered by the EPA to be handheld include, but are 
not limited to, string trimmers, hedge clippers, brush cutters, hover 
mowers, leaf blowers, chain saws, clearing saws, and concrete, masonry, 
and cutoff saws.10 These equipment types meet EPA's general 
definition of handheld equipment, while pumps, generators, 
snowthrowers,11 edgers, cultivators, tillers, continuous diggers, 
and trenchers must be under 14 kg and have no more than two wheels to 
be considered handheld, and augers must be under 20 kg and be intended 
for one-person use to be considered handheld.

    \10\ The Agency is aware that concrete/masonry/cutoff saws are 
sometimes attached to carts for extended or heavy-duty cuts. This 
occasional use does not negate their overall status as handheld 
equipment. The Agency agrees with the comment that such saws are 
often used multipositionally, and thus fall into the general 
handheld category. Thus, the 14 kg weight limit does not apply. The 
same is true for hover mowers.
    \11\ Certain snowthrowers that do not meet the handheld 
definition are nevertheless allowed to meet the handheld, rather 
than nonhandheld, CO standards. Engines used exclusively in 
snowthrowers will not be required to meet the HC standards, either 
handheld or nonhandheld, unless manufacturers of these engines opt 
to certify to those standards. See below for further discussion.
---------------------------------------------------------------------------

    Some commenters suggested that equipment weighing 14 kg is too 
heavy to be handheld, but did not suggest an acceptable alternative 
weight. Others felt it was too light for an upper limit. The Agency 
agrees that 14 kg is indeed heavy for some uses and some consumers, but 
also believes that certain pieces of equipment at that weight would be 
used in a handheld manner (such as lightweight edgers and tillers). It 
is likely that market forces would limit the manufacture and sale of 
``handheld'' equipment that is too heavy for the typical consumer of 
such products. Indeed, a review of product literature indicates that 14 
kg appears to be the break point that the market has chosen between 
equipment types powered with two-stroke engines and those powered by 
four-stroke.12 13

    \12\ For augers, this break point is 20 kg.
    \13\ See note to docket summarizing product weights, dated 2/17/
95, by Lisa Snapp, U. S. Environmental Protection Agency. (EPA Air 
Docket #A-93-25.)
---------------------------------------------------------------------------

    Additionally, for products not falling into the general handheld 
definition (that is, products not carried throughout use and not used 
multipositionally), a product weight of less than 14 kg is not 
sufficient to qualify as handheld. Such products are also limited to no 
more than two wheels and must need some degree of operator carrying, 
support or attitudinal control in order to qualify as handheld; that 
is, they must not be completely ground-supported. The Agency believes 
that these additional constraints will prevent true nonhandheld 
equipment from inadvertently falling into the handheld category.
    On the other hand, the mere fact of some degree of ground support 
should not disqualify a piece of equipment from the handheld category. 
Some lightweight products requiring some level of ground support, 
including products with one or two wheels, would typically be 
considered handheld by the general public. Equipment such as 
lightweight snowthrowers, tillers and edgers with up to two wheels 
would require some carrying, support or attitudinal control; lawnmowers 
and three- and four-wheeled edgers, conversely, would be completely 
ground-supported and thus not handheld.14

    \14\ Additionally, the use of lawnmowers and, similarly, three- 
and four-wheeled edgers on hillsides is not considered to be 
multipositional use and, hence, they do not qualify as handheld 
equipment. Nevertheless, certain lawnmowers are allowed to meet the 
handheld, rather than nonhandheld, standards. See below for further 
discussion.
---------------------------------------------------------------------------

    Some commenters stated that pumps and generators under 14 kg should 
not qualify as handheld. The categorization was intended primarily for 
small pumps and generators that would be transported into remote areas, 
and is hereby retained. The State of California has a special provision 
allowing such equipment with non-certified engines to be purchased by 
emergency response organizations. The Agency is taking a somewhat 
different route toward a similar end, while making these pieces of 
equipment more widely available but subject to the handheld standards.
    The Agency wishes to clarify that all pumps and generators under 14 
kg with no more than two wheels will be categorized as handheld 
equipment. The phrase ``the engine is used exclusively in a generator 
or pump'' was not meant to preclude handheld status for pumps and 
generators with engine models that are also used in other pieces of 
handheld equipment. The Agency agrees that the term ``exclusively'' in 
the handheld definition is superfluous and it has been removed.
    For this rule, only earth and ice augers that are under 20 kg 
(including a bit of typical size for that model) and are sold for use 
primarily by one person will be considered handheld.15 Two person 
augers, and any auger of 20 kg or more (including the bit) must meet 
the nonhandheld standards. The Agency believes that this slight 
broadening of the definition reasonably responds to the needs of auger 
manufacturers to provide both a lightweight and a high-strength, high-
power product during the time frame of the Phase 1 regulations. Light 
weight is important for one person to be able to counter the torque 
generated by the drilling operation, hold the auger vertically, lift it 
from the hole, and carry it to and from the drilling location. Also, in 
contrast to truly nonhandheld equipment, augers have no frame or wheels 
and, thus, require continuous operator support during use. In contrast 
to other equipment that is clearly handheld, however, augers are of a 
heavier construction to withstand greater forces during use, and are 
used for very short bursts of time, so that the 14 kg weight limitation 
is not applicable. A review of product literature and manufacturer 
comments indicate that an upper limit of 20 kg would include most or 
all one-person augers currently on the market.

    \15\ All ice augers, whether or not they qualify as handheld, 
will not be required to meet the HC standards, unless manufacturers 
of engines used in those products certify to the HC standards. Under 
today's rule, ice augers will only be subject to the applicable 
handheld or nonhandheld CO standard. See below for further 
discussion.
---------------------------------------------------------------------------

    Auger manufacturers are predominantly small companies and, 
therefore, are somewhat constrained in their ability to quickly re-
engineer their product, acquire a new engine source, and absorb the 
costs of a four-stroke engine. It is for this reason, coupled with the 
technological reasons cited above, that the Agency is allowing one-
person augers under 20 kg to meet the handheld definition for this 
Phase 1 regulation of small SI engines. However, this definition will 
not necessarily be carried into future regulation of small SI engines, 
such as in the Phase 2 negotiated rulemaking activities currently 
underway.
2. Snowthrowers
    The Agency proposed that snowthrowers meeting the handheld 
definition be considered handheld equipment; all other snowthrowers 
would be considered nonhandheld. In general, industry either opposed 
regulating snowthrowers for HC emissions or favored relaxed emission 
standards for two-stroke snowthrowers, while environmental and state 
and local air officials' associations favored more stringent standards.
    One industry commenter argued that EPA should at a minimum exempt 
snowthrowers from the hydrocarbon standards, since emissions from 
snowthrowers do not demonstrably contribute to summertime ozone 

[[Page 34592]]
nonattainment concentrations. According to the commenter, Phase I 
accomplishes no demonstrable purpose by regulating snowthrower 
hydrocarbon emissions, as snowthrowers are used exclusively during the 
winter and reductions achieved by regulating snowthrowers would have no 
benefit for areas seeking reductions in order to attain the ozone NAAQS 
during the high ozone season.
    Industry commented that there are no snowthrowers with SI engines 
that weigh under 14 kg. As a result, all snowthrowers covered by the 
proposal would be subject to nonhandheld standards. According to 
industry, if snowthrowers with two-stroke engines must comply with 
nonhandheld standards, EPA would effectively be banning such equipment 
and placing an unreasonable hardship on that segment of industry. The 
Nonroad Study indicates that 26 percent of snowthrowers have two-stroke 
engines.
    Industry offered three main lines of reasoning for the position 
that all two-stroke snowthrowers should be considered handheld. First, 
snowthrower manufacturers assumed that Phase 1 standards would mirror 
CARB's standards, including its special exceptions. Second, 
snowthrowers do not contribute to summer ozone nonattainment. Third, 
two-stroke snowthrowers have design, performance, and operational 
characteristics that fill a unique market niche, and have many of the 
attributes of handheld equipment.
    The unique design, performance, and operational characteristics 
cited by industry include size, weight, maneuverability, and ease of 
storage and transport. Two-stroke snowthrowers have only two wheels 
(neither of which touch the ground during operation), and operators 
must provide continual support and attitudinal control by raising and 
tilting the equipment in order for it to perform.
    Industry commenters noted that two-stroke snowthrowers use a 5.4 kg 
(12 pound) engine and a single belt-drive system, eliminating the 
weight of additional belts and pulleys. Moreover, almost all two-stroke 
snowthrowers are ``single-stage,'' according to industry comments, 
meaning that they use an auger to gather snow and expel it from a 
single chamber. By contrast, almost all four-stroke snowthrowers are 
two-stage units that use an auger to gather snow into one chamber and a 
separate impeller to discharge it from a second chamber, according to 
comments. The engines in four-stroke snowthrowers weigh between 11 kg 
(25 pounds) and 27 kg (60 pounds). According to information submitted 
by industry, the overall weights of two-stroke snowthrowers range from 
16.3 kg (36 pounds) to 39.9 kg (88 pounds); the average weight of the 
two-stroke models listed was 29.5 kg (65 pounds). In EPA's opinion, a 
product line ranging in weight from 16.3 to 39.9 kg cannot fairly be 
considered light in weight, or specifically designed to be lifted or 
carried, and EPA is not inclined to raise the weight limit in the 
handheld definition to 30 kg to accommodate such equipment.
    Environmental and state and local air officials' associations 
opposed handheld status for two-stroke snowthrowers. They expressed 
concern about the high levels of unburned air toxics emitted by two-
stroke engines, given operator proximity. The associations pointed out 
that for larger snowthrowers, four-stroke models are available, and for 
the small two-wheeled version, electric models are available.
    Since EPA agreed to undertake a phased approach to small engine 
regulation in March 1993 (see 59 FR 25399 at 25400-25401 for a detailed 
explanation), EPA has maintained that its Phase 1 program would be 
compatible with CARB's and incorporate compatible emission standards, 
where it is appropriate to do so in a nationally, rather than 
regionally, applicable regulation.
    After considering the comments, the Agency has concluded that the 
HC standard will be optional for snowthrowers. This is because, as is 
discussed in the preamble to the proposed rule (see 59 FR at 25416) and 
by industry comments, snowthrowers are operated only in the winter, 
which means that they do not measurably impact ozone nonattainment 
concentrations and thus need not be subject to stringent control 
requirements aimed at controlling ozone nonattainment. On a national 
level, ozone nonattainment is primarily a seasonal problem that occurs 
during warm sunny weather. Regulating HC and emissions from products 
used exclusively in the winter, such as snowthrowers, will not advance 
the Agency's mission to correct this seasonal problem. EPA recognizes 
that California will be regulating HC emissions from snowthrowers, and 
today's decision should in no way prejudice California's efforts. The 
Agency notes that California faces a uniquely difficult problem in that 
its ozone nonattainment season is year round, and that Congress has 
recognized California's potential need to adopt measures that are more 
stringent than those that apply in the nation as a whole. EPA, instead, 
must promulgate regulations that apply nationally in scope and that 
address the air quality problems that face the nation generally.
    Under today's rule, while manufacturers of snowthrowers will still 
be required to certify to and comply with applicable CO standards, they 
will be required to certify to the HC standard only where they opt to 
become subject to those standards. The Agency expects that many 
snowthrowers will in fact be certified to meet the HC standards, since 
the technology necessary to meet those standards will be readily 
available to snowthrower manufacturers and since manufacturers may wish 
to be able to take advantage of ``green marketing'' opportunities. 
However, the Agency does not believe it is appropriate at this time to 
absolutely require all snowthrowers to be certified to meet a standard 
that is meant to address ambient air quality problems that do not exist 
when when these products are in use. This decision in no way affects 
snowthrower manufacturer responsibilities with respect to the CO 
standards. Moreover, if an engine manufacturer produces an engine that 
is used in snowthrowers and in other products that are not used 
exclusively in the winter, that engine must be certified to the 
applicable HC standard. Finally, today's decision applies only with 
respect to regulating snowthrowers under this Phase I rule, and does 
not prejudge how the Agency will approach this issue in Phase 2.
    The Agency is persuaded by comments describing the design, 
performance, and operational characteristics of two-stroke snowthrowers 
that two-stroke snowthrowers form a distinct product class from four-
stroke snowthrowers. As two-stroke snowthrowers are a distinct product 
class that depends on a relatively lighter-weight product, EPA does not 
consider four-stroke technology to be generally available technology 
for the more light-weight two-stroke snowthrowers.
    The Agency shares the concerns raised by commenters about operator 
proximity to high levels of unburned air toxics emitted by two-stroke 
engines in a regulatory manner. However, EPA lacks sufficient data to 
address those concerns at this time.
    The Agency agrees with comments that two-stroke snowthrowers would 
meet the third prong of the handheld definition but for the weight 
criterion. Rather than amend the weight criterion in the handheld 
definition to include two-stroke snowthrowers, however, EPA is 
providing an exception to nonhandheld standards that will require 

[[Page 34593]]
two-stroke snowthrowers to comply with handheld standards. The 
exception is based on the distinction between two- and four-stroke 
snowthrowers as product classes. This result is consistent with CARB.
3. Lawnmowers
    Under EPA's proposal, all lawnmowers would be classified as 
nonhandheld equipment. The Agency requested comment on four options for 
providing relief for two-stroke lawnmower engine manufacturers.
    Two industry manufacturer associations, a dealer association, and 
one manufacturer recommended that EPA allow two-stroke lawnmower engine 
manufacturers to meet handheld standards. They commented that two-
stroke lawnmower engines would effectively be eliminated from the 
market under the proposal.
    The manufacturer that commented would be particularly impacted by 
the requirement that lawnmower engines meet nonhandheld standards 
because it is the largest producer of two-stroke lawnmower engines. It 
argued that the definition of handheld and nonhandheld should not be 
used to discriminate against engines according to their application, to 
bypass the requirement of technological feasibility, to distort the 
competitive balance of the industry by banning major products, nor to 
place disproportionate burdens on one company as the price of 
maintaining an important product line.
    A state commented that it sees no reason to grant special 
concessions to some manufacturers because their current product line 
uses a more polluting technology than their competitors; such a policy 
would penalize those manufacturers that have pursued cleaner 
technologies, according to this comment. Complying four-stroke engines 
are available and a sufficient number of manufacturers participate in 
the market to ensure competition, this comment stated.
    Environmental and state and local air officials' associations 
expressed strong opposition to the options for relief for two-stroke 
lawnmowers; given that approximately 90 percent of lawnmowers sold in 
the United States already rely on four-stroke technology,16 it can 
not be argued that four-stroke engines are not available technology for 
all lawnmowers, according to these groups.

    \16\ See Table 2-03, ``Inventory A & B National Population 
Estimates'' from the Nonroad Engine and Vehicle Emission Study 
(Report USEPA Office of Air and Radiation document #21A-2001, 
November 1991). The Nonroad Study is available in EPA Air Docket #A-
91-24. It is also available through the National Technical 
Information Service, referenced as document PB 92-126960.
---------------------------------------------------------------------------

    Environmental and state and local air officials' associations 
commented that manufacturers have had ample opportunity to react to 
requirements that might reasonably have been expected. These 
manufacturers participated in the process that led to the December 1990 
adoption of CARB's standards and have already enjoyed a four year 
period in which to take appropriate action. Those associations also 
commented that such regulatory relief would compromise the 
effectiveness of Phase 1, and thereby undermine their acceptance of the 
phased approach to regulation of small engines.
    The Agency is promulgating its proposal that lawnmowers be 
classified as nonhandheld equipment. However, in response to the 
industry comments, EPA is providing an exception to the nonhandheld 
standard to allow two-stroke lawnmower engine manufacturers to produce 
a declining percentage of two-stroke lawnmower engines that meet 
handheld standards until model year 2003. This relief for two-stroke 
lawnmower engine manufacturers is justified by the economic hardship to 
current manufacturers of two-stroke lawnmowers that would result if 
two-stroke lawnmowers were required to meet nonhandheld standards upon 
the effective date of Phase 1, and by the need for additional lead time 
for current manufacturers of two-stroke lawnmowers to develop mowers 
that meet nonhandheld standards; EPA has concluded that handheld 
standards are the most stringent standards achievable for lawnmowers 
currently using two-stroke engines in the near term given these 
economic hardship and lead time considerations.
    Economic hardship that would result if two-stroke lawnmowers were 
required to meet nonhandheld standards is documented in two sets of 
comments from an engine and equipment manufacturer. It stated that it 
would be forced to close a manufacturing plant that employs 230 people 
unless some form of relief from the requirement that all lawnmowers 
comply with nonhandheld standards is granted. The plant is devoted to 
two-stroke engine operations, according to the comments. The 
manufacturer commented that the declining production option would avoid 
closure of the plant and maintain a minimally necessary market presence 
for its two-stroke lawnmowers during Phase 1. The manufacturer stated 
that its principal goal and long-term strategy is to develop technology 
that will enable two-stroke lawnmower engines to meet Phase 2 
nonhandheld standards. Reducing sales below 50 percent would destroy 
the market for the product before Phase 2 technology could be 
implemented, and reduce plant utilization to unacceptable levels, 
according to the manufacturer.
    The need for additional lead time was a common theme among industry 
commenters, although only one two-stroke mower engine manufacturer 
addressed the difficulty, if not impossibility, of two-stroke mowers 
meeting nonhandheld standards by the effective date of Phase 1. 
According to this manufacturer, it is not technologically feasible for 
two-stroke engines to meet nonhandheld standards at this time. The 
manufacturer argued in its comments that more engineering effort is 
required for two-stroke lawnmower engines to meet handheld standards 
than for four-stroke engines to meet nonhandheld standards. It said 
that this is partly due to the difference in duty cycles for handheld 
and nonhandheld engines, with handheld engines having the advantage of 
a higher horsepower divisor than is obtained under the variable 
nonhandheld load specifications. The manufacturer stated that it is an 
engineering uncertainty whether and how valve-control techniques 
developed in the past, to enhance power output for smaller two-stroke 
engines used in products such as chain saws, might be used to reduce 
emissions in lawnmowers. Finally, the manufacturer claimed that while 
it is conceivable that its technology development could permit the 
introduction of engines meeting the Phase 1 nonhandheld standards 
during Phase 1, the prospect of this occurring before the year 2001 is 
remote.
    CAA section 213(a)(3) specifies that nonroad emission standards 
must achieve the greatest degree of emission reduction achievable 
through the application of technology that the Administrator determines 
will be available, giving appropriate consideration to cost, lead time, 
noise, energy and safety. Taking into account the economic hardship and 
lead time considerations discussed above, EPA has determined that 
handheld standards subject to a declining production cap are the most 
stringent emission standards achievable for lawnmowers that currently 
use two-stroke engines.
    Under the declining production cap, two-stroke lawnmower engine 
manufacturers that wish to continue producing two-stroke lawnmower 
engines must establish a production baseline. The production baseline 
is the highest number of two-stroke 

[[Page 34594]]
lawnmower engines produced in a single annual production period from 
1992 through 1994. Documentation verifying the production baseline must 
be submitted to EPA with the application for certification. In model 
year 1997, two-stroke lawnmower engine manufacturers may produce 100 
percent of their production baseline, which must be certified to 
handheld standards. In model year 1998, two-stroke lawnmower engine 
manufacturers may produce 75 percent of their production baseline. From 
model year 1999 until model year 2003, two-stroke lawnmower engine 
manufacturers may produce 50 percent of their production baseline in 
each annual production period. In model year 2003, two-stroke lawnmower 
engine manufacturers must meet either Phase 1 nonhandheld standards or 
Phase 2 nonhandheld standards, whichever are applicable.
    Although EPA's approach is not consistent with CARB regulations, 
which require all lawnmowers to meet nonhandheld standards with no 
exceptions, EPA believes there are two valid reasons for the 
distinction. First, Congress has recognized the need for California to 
maintain its own mobile source emission control program (see section 
209 of the CAA) because it faces difficult and distinct air pollution 
problems and, as a result, may need to adopt measures more stringent 
than those that apply in the nation as a whole. Second, EPA's nonroad 
emission standards are not allowed to be more stringent than is 
achievable after consideration of cost and lead time according to 
section 213(a)(3) of the CAA. Although California is constrained by 
similar criteria per the authorization criteria of section 209(e), 
consideration of such criteria is limited to the State of California. 
The Agency must consider cost and lead time when nonroad emission 
regulations affect the nation as a whole. The Agency has concluded that 
in order for it to meet the section 213(a)(3) requirements to consider 
cost and lead time in setting its nationally applicable standard, EPA 
must provide for this limited relief for manufacturers of lawnmowers 
that use two-stroke engines. This conclusion in no way prejudges 
whether California should grant similar relief.
    In contrast to the its treatment of two-stroke versus four-stroke 
snowthrowers, EPA is not distinguishing two-stroke and four-stroke 
lawnmowers as separate products, but rather is recognizing the 
technological infeasibility of two-stroke engines used in lawnmowers 
meeting the nonhandheld standard by the effective date. The Agency 
agrees with commenters that four-stroke technology is generally 
available for lawnmowers, and that two-stroke engines are more 
polluting than four-stroke engines.
    Still, although four-stroke technology is theoretically available 
for all lawnmowers, it is not immediately available for manufacturers 
of two-stroke lawnmower engines. Due to the cost and lead time concerns 
outlined above, EPA is providing a reasonable opportunity for two-
stroke lawnmower engine manufacturers to come into compliance with 
nonhandheld standards.
4. Ice Augers
    Under EPA's proposal, all earth and ice augers would have been 
subject to the applicable handheld or nonhandheld CO and HC standards. 
In the preamble to the proposed rule, in discussing snowthrowers, EPA 
noted that the exclusively wintertime use of snowthrowers argues 
against regulating emissions of HC from those products. In today's 
rule, EPA is in fact exempting snowthrowers from the requirement to 
certify to and comply with the HC standard, due to the fact that they 
do not demonstrably contribute to ozone nonattainment concentrations. 
For the same reasons, today's rule exempts ice augers from the 
requirement to certify to and comply with HC standards, while still 
requiring them to meet the applicable CO standard. Like snowthrowers, 
ice augers are clearly used only during the winter, and the Agency does 
not believe it would be reasonable to subject them to stringent control 
requirements aimed at addressing summertime ozone nonattainment 
problems. At their option, ice auger manufacturers will be able to 
certify to HC standards, if they find that complying technology is 
available and wish to take advantage of ``green marketing'' 
opportunities. This relief, however, is provided only for ice augers. 
Earth augers, since they are in fact used during the ozone 
nonattainment season, will be required to certify to applicable HC 
standards. Moreover, if a manufacturer produces an engine that is used 
in ice augers and other products that are not used exclusively in the 
winter, that engine must be certified to meet the applicable HC 
standard. Finally, today's decision applies only with respect to 
regulating ice augers under this Phase I rule, and does not prejudge 
how the Agency will approach this issue in Phase 2.
C. Requirements Applicable to Vehicle and Equipment Manufacturers

1. Requirement To Use Certified Engines
    The Agency proposed that vehicle and equipment manufacturers using 
small nonroad engines must use appropriate handheld or nonhandheld 
certified engines, and prohibited the introduction into commerce of 
nonroad vehicles and equipment lacking appropriate certified engines 
after the effective date. The Agency received comments both supporting 
and questioning its authority to require the use of certified engines. 
One industry association commented that EPA has no authority to require 
the use of certified engines. A manufacturer and an industry 
association commented that EPA's authority under CAA section 213 does 
not extend to equipment. A state, an association of state and local air 
officials, and an environmental association supported the requirement 
that equipment manufacturers use complying engines.
    Several industry associations commented that the prohibition on 
introducing into commerce vehicles and equipment lacking appropriate 
certified engines after the effective date could impose a substantial 
hardship on industry and is unnecessary to prevent stockpiling. 
According to their comments, equipment manufacturers now minimize the 
period they store engines to avoid the substantial costs associated 
with financing and warehousing inventoried engines. Two associations 
asked EPA to clarify that neither equipment manufacturers nor dealers 
have any special obligation to convert their inventories to use 
certified engines.
    The Agency is finalizing the requirement that nonroad vehicle and 
equipment manufacturers use appropriate handheld or nonhandheld 
certified engines, effective with the 1997 model year. In EPA's view, 
the most effective way to ensure that certified engines are used in 
nonroad vehicles and equipment is to require such engines to be used. 
CAA sections 213, 216, and 301 provide authority for this requirement, 
since EPA is required to establish standards that apply to nonroad 
engines and the vehicles and equipment in which they are used.
2. Separate Effective Date
    The Agency requested comment on a separate effective date for 
vehicle and equipment manufacturers, due to concern about inventories 
of noncertified engines that could not be incorporated into vehicles or 
equipment by the effective date. Most comments did not support a 
separate effective date.
    The Agency is not establishing a separate effective date for 
nonroad vehicle or equipment manufacturers. The Agency recognizes that 
certified engines are not likely to be available in the numbers needed 
by nonroad vehicle and equipment manufacturers on the effective date, 
and that these manufacturers will continue to use noncertified engines 
built prior to the effective date until noncertified engine inventories 
are used up and certified engines are available. As long as vehicle and 
equipment manufacturers do not inventory engines outside of normal 
business practices (that is, as long as they do not stockpile 
noncertified engines), they will be considered to be in compliance. The 
Agency is adding language to 40 CFR 90.1003(b)(4) to this effect. 
Neither vehicle and equipment manufacturers nor dealers have any 
obligation under this regulation to convert their inventories to 
products with certified engines.
D. CO Standard

    An association of engine manufacturers requested an increase in the 
CO emission standard for Class I and II engines from the proposed level 
of 402 g/kW-hr to 469 g/kW-hr. In summary, it requested that the 
standard be raised so that industry can provide consumers, original 
equipment manufacturers, and commercial and industrial users with a 
more complete selection of engines (specifically mass market engines--
the largest market for small engines) that can meet the Phase 1 HC + 
NOX limits and perform acceptably under nearly all operating 
conditions.17 

[[Page 34595]]


    \17\ The association states that engine manufacturers have been 
working for several years to develop products that will meet the 
Phase 1 standards. Improvements in engine design have been made 
sufficient to comply with the HC+NOX standard, but not meet the 
402 g/kW-hr CO standard.
---------------------------------------------------------------------------

    The Agency had to decide whether or not to grant this request based 
on its assessment of the technological feasibility of providing an 
adequate supply of Class I and II engines that could  comply  with  the 
 proposed  402 g/kW-hr CO level for the entire nation. Based on the 
information submitted, which is available in the docket for this 
rulemaking, the Agency has decided that 469 g/kW-hr is the lowest 
achievable CO standard for Classes I and II, given cost and lead time 
constraints, and has set the standard accordingly.
    An association of equipment manufacturers argued that 402 g/kW-hr 
is too stringent for Class V engines and suggested that 603 g/kW-hr 
would be a more appropriate standard. The Agency requested and received 
further data and information to establish the appropriate limit for 
these engines. Additionally, an EPA-performed benefits analysis showed 
that the CO emission contribution in 2020 from Class V engines 
complying with a 603 g/kW-hr standard would decrease the benefits of 
this rule by only 0.7 percent when compared with the proposed standard 
of 402 g/kW-hr. The environmental impact of this change is low due to 
the small number of engines in this category.
    Based on the technological feasibility information submitted and 
the small benefits impact, EPA has concluded that the proposed 402 g/
kW-hr standard is not achievable for Phase 1 Class V engines. The 
Agency has therefore decided to raise the CO standard for Class V 
engines from the proposed 402 g/kW-hr to 603 g/kW-hr, which EPA 
believes is the most stringent standard achievable for Phase 1 Class V 
engines. Most, if not all, Class V engines are preempted from state 
regulation as farm and construction equipment. Therefore, compatibility 
with CARB is not of such importance for this engine class. However, 
this position on Class V CO standards is applicable only to Phase 1 and 
remains to be determined in upcoming Phase 2 regulations.

E. Labeling

    The Agency received several comments on its proposed labeling 
requirements. After considering the comments, EPA has decided to 
provide equipment manufacturers with some additional flexibility 
requested by commenters regarding compatibility with CARB's labeling 
requirements. To reduce manufacturer burden and increase consistency 
with CARB's requirements, EPA will accept a label that has been 
approved by CARB and that contains language indicating federal 
standards have also been met. The Agency will accept any of the 
following: (1) A label for 50-state engine families having language 
compatible with both CARB and EPA requirements, (2) a CARB label with 
additional language to meet federal requirements for the 49-state 
label, and (3) the EPA label.
    The Agency will retain the provision described in the NPRM that 
requires equipment and vehicle manufacturers to apply a supplemental 
label if the original engine label is obscured. This provision is 
consistent with CARB's approach, and ensures that owners, dealers, and 
repair personnel will have access to necessary engine information 
without disassembling the original vehicle or equipment.
    In addition, EPA has dropped the unique engine identification 
number requirement. Based on information supplied by engine 
manufacturers and their associations, EPA has determined that the 
information to be gained by requiring the unique number did not justify 
the additional capital and administrative costs to the manufacturers. 
Because no useful life time period or in-use standard is being 
established, the Agency has decided to allow in-use testing and recall 
on a voluntary basis for Phase 1 and, as a result, there is no need for 
EPA to require the unique engine identification number.

V. Environmental Benefit Assessment

    The Agency has determined that the standards set in this rule will 
reduce emissions of HC and CO and, despite attendant increased 
emissions of NOX, will help most areas come into compliance with 
the National Ambient Air Quality Standards for ozone and, to a lesser 
extent, CO. Table 2 provides a summary of the annual nationwide 
emission impacts expected from this rule, beginning with the first full 
year of implementation.18 Percentage reductions shown are as 
compared to the projected levels from small SI engines if this rule 
were not put into place. Note that annual emission reductions increase 
greatly in the first few years of the program and level off as fleet 
turnover is achieved; complete turnover is projected by the year 2020. 
The underlying analysis and complete table of emission reductions are 
provided in the Regulatory Support Document (RSD), a copy of which is 
in the public docket for this rulemaking.

    \18\ These figures are based on the assumption that 
manufacturers of engines used in snowthrowers and ice augers will 
opt to certify such engines to meet the applicable HC standards. To 
the extent that this does not occur, estimated annual HC reductions, 
and estimated annual NOX increases, would be reduced.

                                                                                                                

[[Page 34596]]
                                         Table 2.--Environmental Impact                                         
----------------------------------------------------------------------------------------------------------------
                                    Annual HC reduction        Annual CO reduction        Annual NOX increase   
              Year              --------------------------------------------------------------------------------
                                      Tons        Percent        Tons        Percent        Tons        Percent 
----------------------------------------------------------------------------------------------------------------
1997...........................         102,800       13.1         244,600        2.7          11,000       67.5
2000...........................         221,600       26.9         538,700        5.5          23,900      137.6
2003...........................         262,700       30.5         651,400        6.3          27,800      150.7
2020...........................         339,000       32.4         865,200        6.7          36,300      154.4
----------------------------------------------------------------------------------------------------------------



VI. Economic Effects

    The total national average annual cost of this rule is estimated to 
be approximately $70 million. If catalysts become necessary, the 
average annual cost is estimated to be approximately $87 million. The 
net present value of pollution control capital costs is estimated by 
EPA to be approximately $28 million. Energy impacts are expected to be 
positive, freeing up approximately $8 million for other uses in the 
economy.
    The following summary presents aggregate costs broken down by 
engines used in nonhandheld and those used in handheld 
equipment.19 For greater detail of expected cost impacts, see the 
RSD.

    \19\ These estimate costs are based on the assumption that 
manufacturers of engines used in snowthrowers and ice augers will 
opt to certify such engines to meet the applicable HC standards. To 
the extent that this does not occur, estimated industry cost impacts 
and consumer cost impacts would be reduced, and cost-effectiveness 
of the program would not be significantly changed, if at all.
---------------------------------------------------------------------------

A. Industry Cost Impacts

    Industry will bear pollution control costs that are moderate: 
roughly 6 percent for handheld and 2 percent for nonhandheld equipment 
relative to current production costs. The level of pollution control 
costs is largely due to the high levels of pollution emitted by these 
engines, especially two-stroke engines, and the relatively outdated 
state of the technology compared to on-highway engines. However, the 
costs are still small in absolute terms, and it is anticipated that 
these costs will be passed through to consumers in higher product 
prices.
    The Agency estimates that there will be no long run negative 
impacts on employment as a result of this rule, as costs can be 
recovered through increased prices. Any potential decreases in 
employment that might occur due to obsolescence of product line should 
be offset by increased production of engines meeting emission 
standards. Total demand for these products has traditionally been 
relatively inelastic and, thus, industry sales volume is not expected 
to decrease.
    On average, the cost to the engine manufacturer to install the 
necessary emission control technology will be approximately $2 per 
engine used in nonhandheld equipment and $3.50 per engine used in 
handheld equipment. This includes variable hardware and production 
costs, assuming that catalytic converters will not be needed to comply 
with proposed standards. However, engine manufacturers may voluntarily 
decide to use catalysts on a percentage of engines at risk of only 
marginally complying. Should this occur, EPA estimates that the 
additional variable hardware costs will be about $4 per catalyst-
equipped engine. Since catalysts are not expected to be used much, the 
overall sales-weighted average increase due to catalyst usage is 
estimated to be about $1 for engines used in nonhandheld equipment and 
marginal for engines used in handheld equipment. It should be noted 
that the costs between manufacturers will likely vary.

B. Consumer Cost Impacts

    Consumers will find small increases in retail prices for most 
equipment powered by these engines. The initial purchase price to the 
consumer will, however, be partially or, in some cases, completely 
offset by savings in fuel and maintenance costs. Thus, over time, 
environmentally friendly equipment will become less costly to 
consumers.
    The retail price of equipment that uses nonhandheld engines ranges 
from $90 to $9,000, and the retail price of equipment that uses 
handheld engines ranges from $60 to $1,000. The sales-weighted average 
increase in retail cost to the consumer due to the rule in 2003 is 
estimated to be about $5 for nonhandheld equipment and $7 for handheld 
equipment. If catalysts are necessary, the values in 2003 are about $7 
for both nonhandheld and handheld equipment. The retail price effects 
for a specific engine will likely be more or less these values, 
depending on the technology of the engine; these are average, sales-
weighted costs, not indicative of the price increase specific to any 
particular manufacturer's engine or equipment.
    This rule is expected to decrease fuel consumption significantly. 
The average sales-weighted engine is expected to experience a 26 
percent decrease in fuel consumption for nonhandheld equipment and a 13 
percent decrease in fuel consumption for handheld equipment. These 
decreases are translated into small discounted lifetime sales-weighted 
fuel savings of approximately $3 for nonhandheld equipment and marginal 
for handheld equipment.
    The Agency expects that the engines produced to meet the proposed 
emission standards will be of higher quality than current engines: the 
parts and raw materials will be more durable and less likely to 
malfunction, as discussed in the RSD. This will result in equipment 
that lasts longer and is operational a higher percentage of the time; 
however, EPA is unable to quantify the attendant decrease in consumer 
cost or increase in useful life at this time. The Agency requested 
comments on the potential decrease in maintenance costs and increase in 
useful life, but none were received that shed light on this topic.
    Considering that the fuel savings offset the average increase in 
retail price per engine, the average sales-weighted lifetime increase 
in cost will be about $6.50 per handheld engine, while nonhandheld 
engines will realize a lifetime savings of about $2.50 per engine. This 
does not include the lifetime savings in maintenance costs, which 
should further benefit the consumer.

C. Cost-Effectiveness

    Based upon the costs and benefits described above, EPA has prepared 
a cost-effectiveness analysis and has performed a Regulatory Impact 
Analysis (RIA) for this rule, which is contained in the RSD. Presented 
here is a summary of the cost-effectiveness of the small SI engine 
Phase 1 program, assuming catalysts are not used.
    If all program costs are allocated to HC, this rule has a cost-
effectiveness of $280 per ton of HC reduced. 

[[Page 34597]]
Alternatively, if all program costs are allocated to CO, the cost-
effectiveness is $113 per ton of CO reduced. If the costs of the 
program are equally split between HC and CO, the cost-effectiveness is 
$140 per ton of HC reduced and $57 per ton of CO reduced. These cost-
effectiveness numbers are significantly lower than costs per ton of 
other available control strategies. The cost-effectiveness estimates, 
underlying quantitative methodology, and comparisons to other available 
control strategies are explained further in the RSD.
    In summary, the cost-effectiveness of the rule is favorable 
relative to the cost-effectiveness of several other control measures 
required under the Clean Air Act. To the extent that cost-effective 
nationwide controls are applied to small SI engines, the need to apply 
more expensive additional controls to other mobile and stationary 
sources of air pollution may be reduced in the future.

VII. Administrative Requirements

A. Administrative Designation and Regulatory Analysis

    Under Executive Order 12866,20 the Agency must determine 
whether the regulatory action is ``significant'' and therefore subject 
to OMB review and the requirements of the Executive Order. The order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:

    \20\ 58 FR 51735 (October 4, 1993).
---------------------------------------------------------------------------

    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof;
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is a ``significant regulatory action'' 
because this rulemaking adversely affects in a material way a sector of 
the economy, namely manufacturers of small SI engines, particularly the 
manufacturers who specialize in the production of small handheld 
engines. Further, EPA believes that an RIA is important for this rule 
because small SI engines have not previously been regulated. As such, 
this action was submitted to OMB for review. Changes made in response 
to OMB suggestions or recommendations are documented in the public 
record.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Copies of the 
ICR document may be obtained from Sandy Farmer, Information Policy 
Branch, EPA, 401 M Street, SW (PM-223Y), Washington, DC 20460 or by 
calling (202) 260-2740.
    Table 3 provides a listing of this rulemaking's information 
collection requirements along with the appropriate information 
collection request (ICR) numbers. The cost of this burden has been 
incorporated into the cost estimate for this rule.
    The Agency has estimated that the public reporting burden for the 
collection of information required under this rule would average 
approximately 5,800 hours annually for a typical engine 
manufacturer.21 The hours spent by a manufacturer on information 
collection activities in any given year would be highly dependent upon 
manufacturer specific variables, such as the number of engine families, 
production changes, emission defects, etc.

    \21\ This estimate is based on the assumption that manufacturers 
of engines used in snowthrowers and ice augers will opt to certify 
those engines to meet the applicable HC standards. To the extent 
that this does occur, the Agency does not estimate the average 
reporting burden will change.

                    Table 3.--Public Reporting Burden                   
------------------------------------------------------------------------
                                                             OMB control
         EPA ICR No.                Type of information          no.    
------------------------------------------------------------------------
1695.02......................  Certification...............    2060-0338
0282.06......................  Emission Defect Information.    2060-0048
1673.01......................  Importation of Nonconforming    2060-0294
                                Engines.                                
1674.01......................  Selective Enforcement           2060-0295
                                Auditing.                               
0012.07......................  Engine Exclusion                2060-0124
                                Determination.                          
0095.03......................  Pre-certification and           2060-0007
                                Testing Exemption.                      
1675.01......................  In-use Testing (proposed;       2060-0292
                                not finalized).                         
------------------------------------------------------------------------

    Send comments regarding the burden estimate or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch, EPA, 401 M Street, SW. (PM-
223Y), Washington, DC 20460; and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Washington, DC 
20503, marked ``Attention: Desk Officer for EPA.''

C. Unfunded Mandates Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
Agency prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector, of $100 million or more in any one year. Section 203 requires 
the Agency to establish a plan for obtaining input from and informing, 
educating, and advising any small governments that may be significantly 
or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the Agency must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The Agency must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the Agency explains why 
this alternative is not selected or the selection of this alternative 
is inconsistent with law.
    Because this final rule is estimated to result in the expenditure 
by State, local, and tribal governments or the private sector of less 
than $100 million in any one year, the Agency has not prepared a 
budgetary impact statement or specifically addressed the selection of 
the least costly, most cost-effective or least burdensome alternative. 
Because small governments will not be significantly or uniquely 
affected by this rule, the Agency is not required to develop a plan 
with regard to small governments.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) requires EPA 
to consider potential impacts of proposed regulations on small business 
``entities.'' If a preliminary analysis indicates that a proposed 
regulation would have a significant economic impact on 20 percent or 
more of small entities, then a regulatory flexibility analysis must be 
prepared.

[[Page 34598]]

    The Agency has recently adopted a new approach to regulatory 
flexibility: for purposes of EPA's implementation of the Act, any 
impact is a significant impact, and any number of small entities is a 
substantial number.22 Thus, EPA will consider regulatory options 
for every regulation subject to the Act that can reasonably be expected 
to have an impact on small entities. In light of this new approach, EPA 
has determined that this rule will have a significant effect on a 
substantial number of small entities. As a result, EPA tailored this 
rule to minimize the cost burdens imposed on smaller engine 
manufacturers. (See ``Small Entities'' in the Response to Comments for 
more discussion and comments.)

    \22\ Habicht, F. Henry II, Deputy Administrator, Internal EPA 
Memorandum, ``Revised Guidelines for Implementing the Regulatory 
Flexibility Act,'' April 9, 1992.
---------------------------------------------------------------------------

    The regulations contain certification requirements for new engines, 
Selective Enforcement Auditing provisions for the testing of production 
engines, and prohibitions on incorrect engine use for equipment 
manufacturers. For example, the SEA program is structured such that 
manufacturers with lower annual production volumes have a decreased 
testing burden. Even though consideration was given to small entities 
in developing the requirements of this rule, it has recently come to 
EPA's attention that there may be a few businesses that are so small 
that even the reduced requirements could threaten their livelihood. In 
light of this, the Agency is currently considering exemptions or 
flexible requirements for small entities for all of its nonroad rules.

List of Subjects in 40 CFR Parts 9 and 90

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Imports, 
Incorporation by reference, Labeling, Nonroad source pollution, 
Reporting and recordkeeping requirements.

    Dated: May 30, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1334, 
1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 
300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 
300j-4, 300j-9, 1857 et seq., 6901-6992(k), 7401-7671(q), 7542, 
9601-9657, 11023, 11048.

    2. Section 9.1 is amended by adding new entries and a new heading 
to the table to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.    
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
        Control of Emissions From New and In-use Nonroad Engines        
90.107-90.108..............................................    2060-0338
90.113.....................................................    2060-0338
90.115-90.124..............................................    2060-0338
90.126.....................................................    2060-0338
90.304-90.329..............................................    2060-0338
90.404-90.427..............................................    2060-0338
90.505-90.509..............................................    2060-0295
90.511-90.512..............................................    2060-0295
90.604.....................................................    2060-0294
90.611-90.613..............................................    2060-0294
90.800.....................................................    2060-0048
90.802-90.804..............................................    2060-0048
90.806.....................................................    2060-0048
90.903.....................................................    2060-0124
90.905-90.906..............................................    2060-0007
------------------------------------------------------------------------

    3. Part 90 is added to read as follows:

PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES

Subpart A--General

Sec.
90.1 Applicability.
90.2 Effective dates.
90.3 Definitions.
90.4 Treatment of confidential information.
90.5 Acronyms and abbreviations.
90.6 Table and figure numbering; position.
90.7 Reference materials.

Subpart B--Emission Standards and Certification Provisions

90.101 Applicability.
90.102 Definitions.
90.103 Exhaust emission standards.
90.104 Compliance with emission standards.
90.105 Useful life period.
90.106 Certificate of conformity.
90.107 Application for certification.
90.108 Certification.
90.109 Requirement of certification--closed crankcase.
90.110 Requirement of certification--prohibited controls.
90.111 Requirement of certification--prohibition of defeat devices.
90.112 Requirement of certification--adjustable parameters.
90.113 In-use testing programs.
90.114 Requirement of certification--engine information label.
90.115 Requirement of certification--supplying production engines 
upon request.
90.116 Certification procedure--determining engine displacement, 
engine class, and engine families.
90.117 Certification procedure--test engine selection.
90.118 Certification procedure--service accumulation.
90.119 Certification procedure--testing.
90.120 Certification procedure--use of special test procedures.
90.121 Certification procedure--recordkeeping.
90.122 Amending the application and certificate of conformity.
90.123 Denial, revocation of certificate of conformity.
90.124 Request for hearing.
90.125 Hearing procedures.
90.126 Right of entry and access.

Subpart C--[Reserved]

Subpart D--Emission Test Equipment Provisions

90.301 Applicability.
90.302 Definitions.
90.303 Symbols, acronyms, abbreviations.
90.304 Test equipment overview.
90.305 Dynamometer specifications and calibration accuracy.
90.306 Dynamometer torque cell calibration.
90.307 Engine cooling system.
90.308 Lubricating oil and test fuels.
90.309 Engine intake air temperature measurement.
90.310 Engine intake air humidity measurement.
90.311 Test conditions.
90.312 Analytical gases.
90.313 Analyzers required.
90.314 Analyzer accuracy and specifications.
90.315 Analyzer initial calibration.
90.316 Hydrocarbon analyzer calibration.
90.317 Carbon monoxide analyzer calibration.
90.318 Oxides of nitrogen analyzer calibration.
90.319 NOX converter check.
90.320 Carbon dioxide analyzer calibration.
90.321  NDIR analyzer calibration.
90.322  Calibration of other equipment.
90.323  Analyzer bench checks.
90.324  Analyzer leakage check.
90.325  Analyzer interference checks.
90.326  Pre-and post-test analyzer calibration.
90.327  Sampling system requirements.
90.328  Measurement equipment accuracy/calibration frequency table.
90.329  Catalyst thermal stress test.

Appendix A to Subpart D--Tables

Appendix B to Subpart D--Figures

Subpart E--Gaseous Exhaust Test Procedures

90.401  Applicability.
90.402  Definitions.
90.403  Symbols, acronyms, and abbreviations. 

[[Page 34599]]

90.404  Test procedure overview.
90.405  Recorded information.
90.406  Engine parameters to be measured and recorded.
90.407  Engine inlet and exhaust systems.
90.408  Pre-test procedures.
90.409  Engine dynamometer test run.
90.410  Engine test cycle.
90.411  Post-test analyzer procedures.
90.412  Data logging.
90.413  Exhaust sample procedure--gaseous components.
90.414  Raw gaseous exhaust sampling and analytical system 
description.
90.415  Raw gaseous sampling procedures.
90.416  Intake air flow measurement specifications.
90.417  Fuel flow measurement specifications.
90.418  Data evaluation for gaseous emissions.
90.419  Raw emission sampling calculations--gasoline fueled engines.
90.420  CVS concept of exhaust gas sampling system.
90.421  Dilute gaseous exhaust sampling and analytical system 
description.
90.422  Background sample.
90.423  Exhaust gas analytical system; CVS grab sample.
90.424  Dilute sampling procedures--CVS calibration.
90.425  CVS calibration frequency.
90.426  Dilute emission sampling calculations--gasoline fueled 
engines.
90.427  Catalyst thermal stress resistance evaluation.

Appendix A to Subpart E--Tables

Appendix B to Subpart E--Figures

Subpart F--Selective Enforcement Auditing

90.501  Applicability.
90.502  Definitions.
90.503  Test orders.
90.504  Testing by the Administrator.
90.505  Maintenance of records; submittal of information.
90.506  Right of entry and access.
90.507  Sample selection.
90.508  Test procedures.
90.509  Calculation and reporting of test results.
90.510  Compliance with acceptable quality level and passing and 
failing criteria for selective enforcement audits.
90.511  Suspension and revocation of certificates of conformity.
90.512  Request for public hearing.
90.513  Administrative procedures for public hearing.
90.514  Hearing procedures.
90.515  Appeal of hearing decision.
90.516  Treatment of confidential information.

Appendix A to Subpart F--Sampling Plans for Selective Enforcement 
Auditing of Nonroad Engines

Subpart G--Importation of Nonconforming Engines

90.601  Applicability.
90.602  Definitions.
90.603  (Reserved)
90.604  General requirements.
90.605-90.610  (Reserved)
90.611  Importation for purposes other than resale.
90.612  Exemptions and exclusions.
90.613  Prohibited acts; penalties.
90.614  Treatment of confidential information.

Subpart H--[Reserved]

Subpart I--Emission-related Defect Reporting Requirements, Voluntary 
Emission Recall Program
90.801  Applicability.
90.802  Definitions.
90.803  Emission defect information report.
90.804  Voluntary emissions recall.
90.805  Reports, voluntary recall plan filing, record retention.
90.806  Responsibility under other legal provisions preserved.
90.807  Disclaimer of production warranty applicability.

Subpart J--Exclusion and Exemption of Nonroad Engines From Regulations

90.901  Applicability.
90.902  Definitions.
90.903  Exclusions, applications of section 216(10) of the Act.
90.904  Who may request an exemption.
90.905  Testing exemption.
90.906  Manufacturer-owned exemption and precertification exemption.
90.907  Display exemption.
90.908  National security exemption.
90.909  Export exemptions.
90.910  Granting of exemptions.
90.911  Submission of exemption requests.
90.912  Treatment of confidential information.

Subpart K--Prohibited Acts and General Enforcement Provisions

90.1001  Applicability.
90.1002  Definitions.
90.1003  Prohibited acts.
90.1004  General enforcement provisions.
90.1005  Injunction proceedings for prohibited acts.
90.1006  Penalties.

Subpart L--Emission Warranty and Maintenance Instructions

90.1101  Applicability.
90.1102  Definitions.
90.1103  Emission warranty, warranty period.
90.1104  Furnishing of maintenance instructions to ultimate 
purchaser.

    Authority: Sections 203, 204, 205, 206, 207, 208, 209, 213, 215, 
216, and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7522, 
7523, 7524, 7525, 7541, 7542, 7543, 7547, 7549, 7550, and 7601(a)).

Subpart A--General


Sec. 90.1  Applicability.

    (a) This part applies to nonroad spark-ignition engines and 
vehicles that have a gross power output at or below 19 kilowatts (kW) 
and that are used for any purpose.
    (b) Notwithstanding paragraph (a) of this section, the following 
nonroad engines and vehicles are not subject to the provisions of this 
part:
    (1) Engines used to propel marine vessels as defined in the General 
Provisions of the United States Code, 1 U.S.C. 3 (1992);
    (2) Engines that are both:
    (i) Used in underground mining or in underground mining equipment; 
and
    (ii) Regulated by the Mining Safety and Health Administration 
(MSHA) in 30 CFR parts 7, 31, 32, 36, 56, 57, 70, and 75;
    (3) Engines used in motorcycles and regulated in 40 CFR part 86, 
subpart E;
    (4) Engines used in aircraft as that term is defined in 40 CFR 
87.1(a);
    (5) Engines used in recreational vehicles and which are defined by 
the following criteria:
    (i) The engine's rated speed is greater than or equal to 5,000 RPM;
    (ii) The engine has no installed speed governor;
    (iii) The engine is not used for the propulsion of a marine vessel; 
and
    (iv) The engine does not meet the criteria to be categorized as a 
Class III, IV, or V engine, as indicated in Sec. 90.103.
    (c) Engines subject to the provisions of this subpart are also 
subject to the provisions of subparts B, D, E, F, G, I, J, K, and L of 
this part.


Sec. 90.2  Effective dates.

    (a) This subpart applies to nonroad spark-ignition engines at or 
below 19 kW effective with the 1997 model year.
    (b) Notwithstanding paragraph (a) of this section, this subpart 
applies to class V engines, as specified in Sec. 90.116(b)(5), that are 
preempted from regulation in California by section 209(e)(1)(A) of the 
Act, effective January 1, 1998.


Sec. 90.3  Definitions.

    The following definitions apply to part 90. All terms not defined 
herein have the meaning given them in the Act.
    Act means the Clean Air Act, as amended, 42 U.S.C. 7401 et seq.
    Adjustable parameter means any device, system, or element of design 
which is physically capable of being adjusted (including those which 
are difficult to access) and which, if adjusted, may affect emissions 
or engine performance during emission testing or normal in-use 
operation.
    Administrator means the Administrator of the Environmental 
Protection Agency or his or her authorized representative.
    Auxiliary emission control device (AECD) means any element of 
design that senses temperature, vehicle speed, engine RPM, transmission 
gear, or any 

[[Page 34600]]
other parameter for the purpose of activating, modulating, delaying, or 
deactivating the operation of any part of the emission control system.
    Certification means, with respect to new nonroad engines, obtaining 
a certificate of conformity for an engine family complying with the 
nonroad engine emission standards and requirements specified in this 
part.
    Emission control system means any device, system, or element of 
design which controls or reduces the emission of substances from an 
engine.
    Engine as used in this part, refers to nonroad engine.
    Engine family means a group of engines, as specified in 
Sec. 90.116.
    Engine manufacturer means any person engaged in the manufacturing 
or assembling of new nonroad engines or the importing of such engines 
for resale, or who acts for and is under the control of any such person 
in connection with the distribution of such engines. Engine 
manufacturer does not include any dealer with respect to new nonroad 
engines received by such person in commerce.
    EPA enforcement officer means any officer, employee, or authorized 
representative of the U.S. Environmental Protection Agency so 
designated in writing by the Administrator (or by his or her designee).
    Exhaust emissions means matter emitted into the atmosphere from any 
opening downstream from the exhaust port of a nonroad engine.
    Fuel system means all components involved in the transport, 
metering, and mixture of the fuel from the fuel tank to the combustion 
chamber(s) including the following: fuel tank, fuel tank cap, fuel 
pump, fuel lines, oil injection metering system, carburetor or fuel 
injection components, and all fuel system vents.
    Gross power means the power measured at the crankshaft or its 
equivalent, the engine being equipped only with the standard 
accessories (such as oil pumps, coolant pumps, and so forth) necessary 
for its operation on the test bed.
    Handheld equipment engine means a nonroad engine that meets the 
requirements specified in Sec. 90.103(a)(2) (i) through (iv).
    Model year (MY) means the manufacturer's annual new model 
production period which includes January 1 of the calendar year, ends 
no later than December 31 of the calendar year, and does not begin 
earlier than January 2 of the previous calendar year. Where a 
manufacturer has no annual new model production period, model year 
means calendar year.
    New, for the purposes of this part, means a nonroad engine or 
nonroad vehicle the equitable or legal title to which has never been 
transferred to an ultimate purchaser. Where the equitable or legal 
title to the engine or vehicle is not transferred to an ultimate 
purchaser until after the engine or vehicle is placed into service, 
then the engine or vehicle will no longer be new after it is placed 
into service. A nonroad engine or vehicle is placed into service when 
it is used for its functional purposes. With respect to imported 
nonroad engines or nonroad vehicles, the term ``new'' means an engine 
or vehicle that is not covered by a certificate of conformity issued 
under this part at the time of importation, and that is manufactured 
after the effective date of a regulation issued under this part which 
is applicable to such engine or vehicle (or which would be applicable 
to such engine or vehicle had it been manufactured for importation into 
the United States).
    Nonroad engine means:
    (1) Except as discussed in paragraph (2) of this definition, any 
internal combustion engine:
    (i) In or on a piece of equipment that is self-propelled or serves 
a dual purpose by both propelling itself and performing another 
function (such as garden tractors, off-highway mobile cranes, and 
bulldozers); or
    (ii) In or on a piece of equipment that is intended to be propelled 
while performing its function (such as lawnmowers and string trimmers); 
or
    (iii) That, by itself or in or on a piece of equipment, is portable 
or transportable, meaning designed to be and capable of being carried 
or moved from one location to another. Indicia of transportability 
include, but are not limited to, wheels, skids, carrying handles, 
dolly, trailer, or platform.
    (2) An internal combustion engine is not a nonroad engine if:
    (i) The engine is used to propel a motor vehicle or a vehicle used 
solely for competition, or is subject to standards promulgated under 
section 202 of the Act; or
    (ii) The engine is regulated by a federal New Source Performance 
Standard promulgated under section 111 of the Act; or
    (iii) The engine otherwise included in paragraph (1)(iii) of this 
definition remains or will remain at a location for more than 12 
consecutive months or a shorter period of time for an engine located at 
a seasonal source. A location is any site at a building, structure, 
facility, or installation. Any engine (or engines) that replaces an 
engine at a location and that is intended to perform the same or 
similar function as the engine replaced will be included in calculating 
the consecutive time period. An engine located at a seasonal source is 
an engine that remains at a seasonal source during the full annual 
operating period of the seasonal source. A seasonal source is a 
stationary source that remains in a single location on a permanent 
basis (i.e., at least two years) and that operates at that single 
location approximately three months (or more) each year. This paragraph 
does not apply to an engine after the engine is removed from the 
location.
    Nonroad vehicle means a vehicle that is powered by a nonroad engine 
as defined in this section and that is not a motor vehicle or a vehicle 
used solely for competition. Nonroad vehicle also includes equipment 
that is powered by nonroad engines.
    Nonroad vehicle manufacturer means any person engaged in the 
manufacturing or assembling of new nonroad vehicles or importing such 
vehicles for resale, or who acts for and is under the control of any 
such person in connection with the distribution of such vehicles. A 
nonroad vehicle manufacturer does not include any dealer with respect 
to new nonroad vehicles received by such person in commerce.
    Operating hours means:
    (1) For engine storage areas or facilities, all times during which 
personnel other than custodial personnel are at work in the vicinity of 
the storage area or facility and have access to it.
    (2) For all other areas or facilities, all times during which an 
assembly line is in operation or all times during which testing, 
maintenance, service accumulation, production or compilation of 
records, or any other procedure or activity related to certification 
testing, to translation of designs from the test stage to the 
production stage, or to engine manufacture or assembly is being carried 
out in a facility.
    Presentation of credentials means the display of the document 
designating a person as an EPA enforcement officer or EPA authorized 
representative.
    Scheduled maintenance means any adjustment, repair, removal, 
disassembly, cleaning, or replacement of components or systems required 
by the manufacturer to be performed on a periodic basis to prevent part 
failure or vehicle or engine malfunction, or those actions anticipated 
as necessary to correct an overt indication of malfunction or failure 
for which 

[[Page 34601]]
periodic maintenance is not appropriate.
    Test engine means the engine or group of engines that a 
manufacturer uses during certification to determine compliance with 
emission standards.
    Ultimate purchaser means, with respect to any new nonroad engine or 
new nonroad vehicle, the first person who in good faith purchases such 
new nonroad engine or vehicle for purposes other than resale.
    Used solely for competition means exhibiting features that are not 
easily removed and that would render its use other than in competition 
unsafe, impractical, or highly unlikely.
    Warranty period means the period of time the engine or part is 
covered by the warranty provisions.


Sec. 90.4  Treatment of confidential information.

    (a) Any manufacturer may assert that some or all of the information 
submitted pursuant to this part is entitled to confidential treatment 
as provided by part 2, subpart B of this chapter.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart 
is confidential, a manufacturer must indicate clearly the items of 
information claimed confidential by marking, circling, bracketing, 
stamping, or otherwise specifying the confidential information. 
Furthermore, EPA requests, but does not require, that the submitter 
also provide a second copy of its submittal from which all confidential 
information has been deleted. If a need arises to publicly release 
nonconfidential information, EPA will assume that the submitter has 
accurately deleted the confidential information from this second copy.
    (d) If a claim is made that some or all of the information 
submitted pursuant to this subpart is entitled to confidential 
treatment, the information covered by that confidentiality claim will 
be disclosed by the Administrator only to the extent and by means of 
the procedures set forth in part 2, subpart B of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 
Sec. 2.204(c)(2)(i)(A) of this chapter.


Sec. 90.5  Acronyms and abbreviations.

    The following acronyms and abbreviations apply to part 90.

AECD--Auxiliary emission control device
ASME--American Society of Mechanical Engineers
ASTM--American Society for Testing and Materials
CAA--Clean Air Act
CAAA--Clean Air Act Amendments of 1990
CLD--chemiluminescent detector
CO--Carbon monoxide
CO2--Carbon dioxide
EPA--Environmental Protection Agency
FTP--Federal Test Procedure
g/kW-hr--grams per kilowatt hour
HC--hydrocarbons
HCLD--heated chemiluminescent detector
HFID--heated flame ionization detector
ICI--independent Commercial Importer
NDIR--non-dispersive infrared analyzer
NIST--National Institute for Standards and Testing
NO--Nitric oxide
NO2--Nitrogen dioxide
NOX--Oxides of nitrogen
O2--Oxygen
OEM--original equipment manufacturer
PMD--paramagnetic detector
SAE--Society of Automotive Engineers
SEA--Selective Enforcement Auditing
SI--spark-ignition
U.S.C.--United States Code
VOC--Volatile organic compounds
ZROD--zirconiumdioxide sensor


Sec. 90.6  Table and figure numbering; position.

    (a) Tables for each subpart appear in an appendix at the end of the 
subpart. Tables are numbered consecutively by order of appearance in 
the appendix. The table title will indicate the topic.
    (b) Figures for each subpart appear in an appendix at the end of 
the subpart. Figures are numbered consecutively by order of appearance 
in the appendix. The figure title will indicate the topic.


Sec. 90.7  Reference materials.

    (a) Incorporation by reference. The documents in paragraph (b) of 
this section have been incorporated by reference. The incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
inspected at U.S. EPA Air and Radiation Docket, room M-1500, 401 M 
Street, S.W., Washington D.C. 20460, or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (b) The following paragraphs and tables set forth the material that 
has been incorporated by reference in this part.
    (1) ASTM material. The following table sets forth material from the 
American Society for Testing and Materials which has been incorporated 
by reference. The first column lists the number and name of the 
material. The second column lists the section(s) of this part, other 
than Sec. 90.7, in which the matter is referenced. The second column is 
presented for information only and may not be all inclusive. Copies of 
these materials may be obtained from American Society for Testing and 
Materials, 1916 Race St., Philadelphia, PA 19103.

----------------------------------------------------------------------------------------------------------------
                    Document number and name                                 40 CFR part 90 reference           
----------------------------------------------------------------------------------------------------------------
ASTM D86-93:                                                                                                    
    Standard Test Method for Distillation of Petroleum Products.  Appendix A to subpart D, Table 3.             
ASTM D1319-89:                                                                                                  
    Standard Test Method for Hydrocarbon Types in Liquid          Appendix A to subpart D, Table 3.             
     Petroleum Products by Fluorescent Indicator Adsorption.                                                    
ASTM D2622-92:                                                                                                  
    Standard Test Method for Sulfur in Petroleum Products by X-   Appendix A to subpart D, Table 3.             
     ray Spectrometry.                                                                                          
ASTM D2699-92:                                                                                                  
    Standard Test Method for Knock Characteristics of Motor       Appendix A to subpart D, Table 3.             
     Fuels by the Research Method.                                                                              
ASTM D2700-92:                                                                                                  
    Standard Test Method for Knock Characteristics of Motor and   Appendix A to subpart D, Table 3.             
     Aviation Fuels by the Motor Method.                                                                        
ASTM D3231-89:                                                                                                  
    Standard Test Method for Phosphorus in Gasoline.............  Appendix A to subpart D, Table 3.             
ASTM D3606-92:                                                                                                  
    Standard Test Method for Determination of Benzene and         Appendix A to subpart D, Table 3.             
     Toluene in Finished Motor and Aviation Gasoline by Gas                                                     
     Chromatography.                                                                                            
ASTM D5191-93a:                                                                                                 
    Standard Test Method for Vapor Pressure of Petroleum          Appendix A to subpart D, Table 3.             
     Products (Mini Method).                                                                                    

[[Page 34602]]
                                                                                                                
ASTM E29-93a:                                                                                                   
    Standard Practice for Using Significant Digits in Test Data   90.116; 90.509.                               
     to Determine Conformance with Specifications.                                                              
----------------------------------------------------------------------------------------------------------------



    (2) SAE material. The following table sets forth material from the 
Society of Automotive Engineers which has been incorporated by 
reference. The first column lists the number and name of the material. 
The second column lists the section(s) of this part, other than 
Sec. 90.7, in which the matter is referenced. The second column is 
presented for information only and may not be all inclusive. Copies of 
these materials may be obtained from Society of Automotive Engineers 
International, 400 Commonwealth Dr., Warrendale, PA 15096-0001.

------------------------------------------------------------------------
                                                             40 CFR part
                  Document number and name                        90    
                                                              reference 
------------------------------------------------------------------------
SAE J1930 September 1991, Electrical/Electronic Systems                 
 Diagnostic Terms, Definitions, Abbreviations and Acronyms.       90.114
SAE Paper 770141, Optimization of a Flame Ionization                    
 Detector for Determination of Hydrocarbon in Diluted                   
 Automotive Exhausts, Glenn D. Reschke, 1977...............       90.316
------------------------------------------------------------------------

Subpart B--Emission Standards and Certification Provisions


Sec. 90.101  Applicability.

    The requirements of subpart B are applicable to all nonroad engines 
and vehicles subject to the provisions of subpart A of part 90.


Sec. 90.102  Definitions.

    The definitions in subpart A of part 90 apply to this subpart. All 
terms not defined herein or in subpart A have the meaning given them in 
the Act. The following definitions also apply to this subpart.
    Attitudinal control means the operator regulates either the 
horizontal or vertical position of the equipment, or both.
    Carry means the operator completely bears the weight of the 
equipment, including the engine.
    Support means that the operator holds the equipment in position so 
as to prevent it from falling, slipping or sinking. It is not necessary 
for the entire weight of the equipment to be borne by the operator.


Sec. 90.103  Exhaust emission standards.

    (a) Exhaust emissions from new nonroad spark-ignition engines at or 
below 19 kilowatts (kW), effective with the 1997 model year, shall not 
exceed the following levels:

Exhaust Emission Standards (grams per kilowatt-hour)

------------------------------------------------------------------------
   Engine       Hydrocarbon                                             
displacement   plus oxides of    Hydrocarbon       Carbon     Oxides of 
    class         nitrogen                        monoxide     nitrogen 
------------------------------------------------------------------------
I                    16.1      ...............        469    ...........
II                   13.4      ...............        469    ...........
III           ...............          295            805         5.36  
IV            ...............          241            805         5.36  
V             ...............          161            603         5.36  
------------------------------------------------------------------------

    (1) Each engine displacement class has a unique set of exhaust 
emission standards. Boundaries for each class are indicated in 
Sec. 90.116(b).
    (2) Emission standards for classes III, IV, V may be used only if 
an engine meets at least one of the following requirements:
    (i) The engine must be used in a piece of equipment that is carried 
by the operator throughout the performance of its intended function(s);
    (ii) The engine must be used in a piece of equipment that must 
operate multipositionally, such as upside down or sideways, to complete 
its intended function(s);
    (iii) The engine must be used in a piece of equipment for which the 
combined engine and equipment dry weight is under 14 kilograms, no more 
than two wheels are present on the equipment, and at least one of the 
following attributes is also present:
    (A) The operator must alternately provide support or carry the 
equipment throughout the performance of its intended function(s);
    (B) The operator must provide support or attitudinal control for 
the equipment throughout the performance of its intended function(s); 
and
    (C) The engine must be used in a generator or pump;
    (iv) The engine must be used to power one-person augers, with a 
combined engine and equipment dry weight under 20 kilograms.
    (3) Notwithstanding paragraph (a)(2) of this section, two-stroke 
engines used to power lawnmowers may meet class III, IV, or V standards 
until model year 2003.
    (4) Notwithstanding paragraph (a)(2) of this section, two-stroke 
engines used to power snowthrowers may meet class III, IV, or V 
standards.
    (5) Notwithstanding paragraph (a)(2) of this section, engines used 
exclusively to power snowthrowers or ice augers, at the option of the 
engine manufacturer, need not certify to or comply with standards 
regulating emissions of hydrocarbons. If the manufacturer exercises the 
option to certify to standards regulating such emissions, such engines 
must meet such standards. If the engine produced by the manufacturer is 
to be used in any equipment or vehicle other than a snowthrower or ice 
auger, it must be certified to the applicable standard regulating 
emissions of hydrocarbons. 

[[Page 34603]]

    (b) Exhaust emissions will be measured using the procedures set 
forth in subpart E of this part.


Sec. 90.104  Compliance with emission standards.

    (a) If all test engines representing an engine family have 
emissions less than or equal to each emission standard in a given 
engine displacement class, that family complies with that class of 
emission standards.
    (b) If any test engine representing an engine family has emissions 
greater than any one emission standard in a given engine displacement 
class, that family will be deemed not in compliance with that class of 
emission standards.
    (c) If catalysts are used in an engine family, the engine 
manufacturer must affirm that catalyst durability has been confirmed on 
the basis of the evaluation procedure that is specified in subpart E of 
this part.


Sec. 90.105  Useful life period.

    A useful life period for engines subject to the provisions of 
subpart A of this part will be set by the Agency in the second phase of 
small engine regulation and will be promulgated no later than April 30, 
1997.


Sec. 90.106  Certificate of conformity.

    (a) Except as specified in Sec. 90.2(b), every manufacturer of new 
engines produced during or after model year 1997 must obtain a 
certificate of conformity covering such engines; however, engines 
manufactured during an annual production period beginning prior to 
September 1, 1996 are not required to be certified.
    (b)(1) The annual production period begins either when an engine 
family is first produced or on January 2 of the calendar year preceding 
the year for which the model year is designated, whichever date is 
later. The annual production period ends either when the last engine is 
produced or on December 31 of the calendar year for which the model 
year is named, whichever date is sooner.
    (2) Notwithstanding paragraph (b)(1) of this section, annual 
production periods beginning prior to September 1, 1996 may not exceed 
12 months in length.
    (c) Except as provided in paragraph (d) of this section, a 
certificate of conformity is deemed to cover the engines named in such 
certificate and produced during the annual production period, as 
defined in paragraph (b) of this section.
    (d) Except as provided in paragraph (e) of this section, the 
certificate of conformity must be obtained from the Administrator prior 
to selling, offering for sale, introducing into commerce, or importing 
into the United States the new engine. Engines produced prior to the 
effective date of a certificate of conformity may also be covered by 
the certificate, once it is effective, if the following conditions are 
met:
    (1) The engines conform in all respects to the engines described in 
the application for the certificate of conformity.
    (2) The engines are not sold, offered for sale, introduced into 
commerce, or delivered for introduction into commerce prior to the 
effective date of the certificate of conformity.
    (3) EPA is notified prior to the beginning of production when such 
production will start, and EPA is provided a full opportunity to 
inspect and/or test the engines during and after their production. EPA 
must have the opportunity to conduct SEA production line testing as if 
the vehicles had been produced after the effective date of the 
certificate.
    (e) Engines that are certified by EPA prior to January 2, 1996 for 
model year 1997 may be delivered for introduction into commerce prior 
to January 2, 1996 once a certificate of conformity has been issued.
    (f) Engines imported by an original equipment manufacturer after 
December 31 of the calendar year for which the model year is named are 
still covered by the certificate of conformity as long as the 
production of the engine was completed before December 31 of that year.


Sec. 90.107  Application for certification.

    (a) For each engine family, the engine manufacturer must submit to 
the Administrator a completed application for a certificate of 
conformity.
    (b) The application must be approved and signed by the authorized 
representative of the manufacturer.
    (c) The application must be updated and corrected by amendment as 
provided in Sec. 90.122 to accurately reflect the manufacturer's 
production.
    (d) Required content. Each application must include the following 
information:
    (1) A description of the basic engine design including, but not 
limited to, the engine family specifications;
    (2) An explanation of how the emission control system operates, 
including a detailed description of all emission control system 
components (Detailed component calibrations are not required to be 
included; they must be provided if requested, however.), each auxiliary 
emission control device (AECD), and all fuel system components to be 
installed on any production or test engine(s);
    (3) Proposed test engine(s) selection and the rationale for the 
test engine(s) selection;
    (4) Special or alternate test procedures, if applicable;
    (5) A description of the operating cycle and the service 
accumulation period necessary to break-in the test engine(s) and 
stabilize emission levels and any maintenance scheduled;
    (6) A description of all adjustable operating parameters including 
the following:
    (i) The nominal or recommended setting and the associated 
production tolerances;
    (ii) The intended physically adjustable range;
    (iii) The limits or stops used to establish adjustable ranges;
    (iv) Production tolerances of the limits or stops used to establish 
each physically adjustable range; and
    (v) Information relating to why the physical limits or stops used 
to establish the physically adjustable range of each parameter, or any 
other means used to inhibit adjustment, are effective in preventing 
adjustment of parameters to settings outside the manufacturer's 
intended physically adjustable ranges on in-use engines;
    (7) The proposed maintenance instructions the manufacturer will 
furnish to the ultimate purchaser of each new nonroad engine and the 
proposed engine information label;
    (8) All test data obtained by the manufacturer on each test engine;
    (9) A statement that the test engine(s), as described in the 
manufacturer's application for certification, has been tested in 
accordance with the applicable test procedures, utilizing the fuels and 
equipment required under subparts D and E of this part, and that on the 
basis of such tests the engine(s) conforms to the requirements of this 
part; and
    (10) An unconditional statement certifying that all engines in the 
engine family comply with all requirements of this part and the Clean 
Air Act.
    (e)(1) In addition to the information specified in paragraph (d) of 
this section, manufacturers of two-stroke lawnmower engines must submit 
with their application for a certificate of conformity:
    (i) For model year 1997, information establishing the highest 
number of two-stroke lawnmower engines produced in a single annual 
production period from 1992 through 1994. This number will be known as 
the production baseline.
    (ii) For model years 1998 through 2002, information documenting the 
previous year's production and 

[[Page 34604]]
projected production for the current year.
    (2) In model year 1997, two-stroke lawnmower engine manufacturers 
may produce up to 100 percent of their production baseline established 
under paragraph (e)(1)(i) of this section.
    (3) In model year 1998, two-stroke lawnmower engine manufacturers 
may produce up to 75 percent of their production baseline.
    (4) From model years 1999 through 2002, two-stroke lawnmower engine 
manufacturers may produce up to 50 percent of their production 
baseline.
    (5) In model year 2003, two-stroke lawnmower engine manufacturers 
must meet class I or II standards specified in Sec. 90.103(a). If in 
model year 2003 those standards have been superseded by Phase 2 
standards, two-stroke lawnmower engine manufacturers must meet the 
Phase 2 standards that are equivalent to the class I or II standards.
    (f) At the Administrator's request, the manufacturer must supply 
such additional information as may be required to evaluate the 
application including, but not limited to, projected nonroad engine 
production.


Sec. 90.108  Certification.

    (a) If, after a review of the manufacturer's submitted application, 
information obtained from any inspection, and such other information as 
the Administrator may require, the Administrator determines that the 
application is complete and that the engine family meets the 
requirements of this part and the Clean Air Act, the Administrator 
shall issue a certificate of conformity.
    (b) The Administrator shall give a written explanation when 
certification is denied. The manufacturer may request a hearing on a 
denial. (See Sec. 90.124 for procedure.)


Sec. 90.109  Requirement of certification--closed crankcase.

    (a) An engine's crankcase must be closed.
    (b) For purposes of this section, ``crankcase'' means the housing 
for the crankshaft and other related internal parts.


Sec. 90.110  Requirement of certification--prohibited controls.

    (a) An engine may not be equipped with an emission control device, 
system, or element of design for the purpose of complying with emission 
standards if such device, system, or element of design will cause or 
contribute to an unreasonable risk to public health, welfare, or safety 
in its operation or function.
    (b) An engine with an emission control device, system, or element 
of design may not emit any noxious or toxic substance which would not 
be emitted in the operation of such engine in the absence of the 
device, system, or element of design except as specifically permitted 
by regulation.


Sec. 90.111  Requirement of certification--prohibition of 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 
vehicle in which it is installed) against damage or accident during its 
operation.


Sec. 90.112  Requirement of certification--adjustable parameters.

    (a) Engines equipped with adjustable parameters must comply with 
all requirements of this subpart for any specification within the 
physically available range.
    (b) An operating parameter is not considered adjustable if it is 
permanently sealed by the manufacturer or otherwise not normally 
accessible using ordinary tools.
    (c) The Administrator may require that adjustable parameters be set 
to any specification within the adjustable range during certification 
or a selective enforcement audit to determine compliance with the 
requirements of this subpart.


Sec. 90.113  In-use testing program.

    (a) At the time of certification the engine manufacturer may 
propose which engine families should be included in an in-use test 
program. EPA will approve a manufacturer's test program if the selected 
engine families represent an adequate consideration of the elements 
listed in paragraphs (b) and (c) of this section.
    (b) Number of engines to be tested. The number of engines to be 
tested by a manufacturer is determined by the following method:
    (1) For an engine manufacturer with total projected annual 
production of more than 75,000 engines destined for the United States 
market for that model year, the minimum number of engines to be tested 
may be the lowest of the numbers determined in paragraph (b)(1)(i), 
(ii) or (iii) of this section:
    (i) Divide the manufacturer's total projected annual production of 
small SI engines destined for the United States market for that model 
year by 50,000, and round to the nearest whole number;
    (ii) Test five engines each from 25 percent of all engine families 
certified in that model year; and
    (iii) Test three engines each from 50 percent of all engine 
families certified in that model year.
    (2) An engine manufacturer with total projected annual production 
of 75,000 engines or less destined for the United States market for 
that model year may test a minimum of two engines.
    (c) Criteria for selecting test engines. An engine manufacturer may 
select test engines from engine families utilizing the following 
criteria and in the order specified:
    (1) Engine families using emission control technology which most 
likely will be used on Phase 2 engines;
    (2) Engine families using aftertreatment;
    (3) Engine families certified to different emission standards;
    (4) Different engine designs (such as sidevalve head versus 
overhead valve engines);
    (5) Engine families using emission control technology specifically 
installed to achieve compliance with emission standards of this part;
    (6) The engine family with the highest projected annual sales; and
    (7) Engine families which meet the above criteria, but have not 
been included in prior model year in-use testing programs as required 
by these provisions.
    (d) Collection of in-use engines. An engine manufacturer may 
procure in-use engines which have been operated for between half and 
three-quarters of the engine's advertised (or projected) useful life. 
All testing may be completed within three years from the date the 
certificate is first issued for an engine family undergoing in-use 
testing.
    (1) Test engines may be procured from sources not associated with 
the engine manufacturer or vehicle manufacturer, except that with prior 
approval of the Administrator, an engine manufacturer with annual sales 
of less than 50,000 engines may obtain in-use engines associated with 
itself or its vehicle manufacturer. 

[[Page 34605]]

    (2) A test engine should have a maintenance history representative 
of actual in-use conditions.
    (i) A manufacturer may question the end user regarding the 
accumulated usage, maintenance, operating conditions, and storage of 
the test engines.
    (ii) Documents used in the procurement process may be maintained as 
required in Sec. 90.121.
    (3) Maintenance and testing of test engines.
    (i) The manufacturer may perform minimal set-to-spec maintenance on 
a test engine. Maintenance may include only that which is listed in the 
owner's instructions for engines with the amount of service and age of 
the acquired test engine.
    (ii) Documentation of all maintenance and adjustments may be 
maintained and retained as required by Sec. 90.121.
    (4) One valid emission test may be conducted for each in-use 
engine.
    (5) If a selected in-use engine fails to comply with any applicable 
certification emission standard, the manufacturer may determine the 
reason for noncompliance. The manufacturer may report all 
determinations for noncompliance in its annual in-use test result 
report as described below.
    (e) In-use test program reporting. The manufacturer may submit to 
the Administrator by January 30 of each calendar year all emission 
testing results generated from in-use testing. The following 
information may be reported for each test engine:
    (1) Engine family;
    (2) Model;
    (3) Engine serial number;
    (4) Date of manufacture;
    (5) Estimated hours of use;
    (6) Results of all emission testing;
    (7) Summary of all maintenance and/or adjustments performed;
    (8) Summary of all modifications and/or repairs; and
    (9) Determinations of compliance and/or noncompliance.
    (f) The Administrator may approve and/or suggest modifications to a 
manufacturer's in-use testing program.


Sec. 90.114  Requirement of certification--engine information label.

    (a) The engine manufacturer must affix at the time of manufacture a 
permanent and legible label identifying each nonroad engine. The label 
must meet the following requirements:
    (1) Be attached in such a manner that it cannot be removed without 
destroying or defacing the label;
    (2) Be durable and readable for the entire engine life;
    (3) Be secured to an engine part necessary for normal engine 
operation and not normally requiring replacement during engine life;
    (4) Be written in English; and
    (5) Be located so as to be readily visible to the average person 
after the engine is installed in the vehicle.
    (b) If the nonroad vehicle obscures the label on the engine, the 
nonroad vehicle manufacturer must attach a supplemental label so that 
this label is readily visible to the average person. The supplemental 
label must:
    (1) Be attached in such a manner that it cannot be removed without 
destroying or defacing the label;
    (2) Be secured to a vehicle part necessary for normal operation and 
not normally requiring replacement during the vehicle life; and
    (3) Be identical in content to the label which was obscured.
    (c) The label must contain the following information:
    (1) The heading ``Important Engine Information;''
    (2) The full corporate name and trademark of the engine 
manufacturer;
    (3) The statement, ``This (specify vehicle or engine, as 
applicable) is certified to operate on (specify operating fuel(s));''
    (4) Identification of the Exhaust Emission Control System 
(Abbreviations may be used and must conform to the nomenclature and 
abbreviations provided in the Society of Automotive Engineers procedure 
J1930, ``Electrical/Electronic Systems Diagnostic Terms, Definitions, 
Abbreviations and Acronyms,'' September 1991. This procedure has been 
incorporated by reference. See Sec. 90.7.);
    (5) All engine lubricant requirements;
    (6) Date of engine manufacture [day (optional), month and year];
    (7) The statement ``This engine conforms to [model year] U.S. EPA 
regulations for small nonroad engines.'';
    (8) EPA standardized engine family designation;
    (9) Engine displacement [in cubic centimeters]; and
    (10) Other information concerning proper maintenance and use or 
indicating compliance or noncompliance with other standards may be 
indicated on the label.
    (d) If there is insufficient space on the engine (or on the vehicle 
where a supplemental label is required under paragraph (b) of this 
section) to accommodate a label including all the information required 
in paragraph (c) of this section, the manufacturer may delete or alter 
the label as indicated in this paragraph. The information deleted from 
the label must appear in the owner's manual.
    (1) Exclude the information required in paragraphs (c)(3), (4), and 
(5) of this section. The fuel or lubricant may be specified elsewhere 
on the engine.
    (2) Exclude the information required by paragraph (c)(6) of this 
section, if the date the engine was manufactured is stamped on the 
engine.
    (e) The Administrator may, upon request, waive or modify the label 
content requirements of paragraphs (c) and (d) of this section, 
provided that the intent of such requirements is met.


Sec. 90.115  Requirement of certification--supplying production engines 
upon request.

    Upon the Administrator's request, the manufacturer must supply a 
reasonable number of production engines for testing and evaluation. 
These engines must be representative of typical production and supplied 
for testing at such time and place and for such reasonable periods as 
the Administrator may require.


Sec. 90.116  Certification procedure--determining engine displacement, 
engine class, and engine families.

    (a) Engine displacement must be calculated using nominal engine 
values and rounded to the nearest whole cubic centimeter in accordance 
with ASTM E29-93a. This procedure has been incorporated by reference. 
See Sec. 90.7.
    (b) Engines will be divided into classes by the following:
    (1) Class I--engines less than 225 cc in displacement,
    (2) Class II--engines greater than or equal to 225 cc in 
displacement,
    (3) Class III--handheld equipment engines less than 20 cc in 
displacement,
    (4) Class IV--handheld equipment engines equal or greater than 20 
cc but less than 50 cc in displacement, and
    (5) Class V--handheld equipment engines equal to or greater than 50 
cc in displacement.
    (c) The manufacturer's product line will be divided into groupings 
of engine families as specified by paragraph (d) of this section.
    (d) To be classed in the same engine family, engines must be 
identical in all of the following applicable respects:
    (1) The combustion cycle;
    (2) The cooling mechanism;
    (3) The cylinder configuration (inline, vee, opposed, bore 
spacings, and so forth);
    (4) The number of cylinders;
    (5) The engine class;
    (6) The number of catalytic converters, location, volume, and 
composition; and
    (7) The thermal reactor characteristics.
    (e) At the manufacturer's option, engines identical in all the 
respects 

[[Page 34606]]
listed in paragraph (d) of this section may be further divided into 
different engine families if the Administrator determines that they may 
be expected to have different emission characteristics. This 
determination is based upon the consideration of features such as:
    (1) The bore and stroke;
    (2) The combustion chamber configuration;
    (3) The intake and exhaust timing method of actuation (poppet 
valve, reed valve, rotary valve, and so forth);
    (4) The intake and exhaust valve or port sizes, as applicable;
    (5) The fuel system;
    (6) The exhaust system; and
    (7) The method of air aspiration.
    (f) Where engines are of a type which cannot be divided into engine 
families based upon the criteria listed in paragraph (d) of this 
section, the Administrator will establish families for those engines 
based upon the features most related to their emission characteristics.


Sec. 90.117  Certification procedure--test engine selection.

    (a) The manufacturer must select, from each engine family, a test 
engine that the manufacturer determines to be most likely to exceed the 
emission standard.
    (b) The test engine must be constructed to be representative of 
production engines.
Sec. 90.118  Certification procedure--service accumulation.

    (a)(1) The test engine must be operated with all emission control 
systems operating properly for a period sufficient to stabilize 
emissions.
    (2) The period sufficient to stabilize emissions may not exceed 12 
hours.
    (b) No maintenance, other than recommended lubrication and filter 
changes, may be performed during service accumulation without the 
Administrator's approval.
    (c) Service accumulation is to be performed in a manner using good 
engineering judgment to ensure that emissions are representative of 
production engines.
    (d) The manufacturer must maintain, and provide to the 
Administrator, records stating the rationale for selecting a service 
accumulation period less than 12 hours and records describing the 
method used to accumulate hours on the test engine(s).


Sec. 90.119  Certification procedure--testing.

    (a) Manufacturer testing. The manufacturer must test the test 
engine using the specified test procedures and appropriate test cycle. 
All test results must be reported to the Administrator.
    (1) The test procedure to be used is detailed in Subpart E of this 
part.
    (i) Class I and II engines must use Test Cycle A described in 
Subpart E of this part, except that Class I and II engine families in 
which 100 percent of the engines sold operate only at rated speed may 
use Test Cycle B described in subpart E of this part.
    (ii) Class III, IV, and V engines must use Test Cycle C described 
in subpart E of this part.
    (2) Emission test equipment provisions are described in subpart D 
of this part.
    (b) Administrator testing. (1) The Administrator may require that 
any one or more of the test engines be submitted to the Administrator, 
at such place or places as the Administrator may designate, for the 
purposes of conducting emission tests. The Administrator may specify 
that testing will be conducted at the manufacturer's facility, in which 
case instrumentation and equipment specified by the Administrator must 
be made available by the manufacturer for test operations. Any testing 
conducted at a manufacturer's facility must be scheduled by the 
manufacturer as promptly as possible.
    (2)(i) Whenever the Administrator conducts a test on a test engine, 
the results of that test will, unless subsequently invalidated by the 
Administrator, comprise the official data for the engine and the 
manufacturer's data will not be used in determining compliance with 
emission standards.
    (ii) Prior to the performance of such test, the Administrator may 
adjust or cause to be adjusted any adjustable parameter of the test 
engine which the Administrator has determined to be subject to 
adjustment for certification testing, to any setting within the 
physically adjustable range of that parameter, to determine whether 
such engine conforms to applicable emission standards.
    (iii) For those engine parameters which the Administrator has not 
determined to be subject to adjustment for certification testing, the 
test engine presented to the Administrator for testing will be 
calibrated within the production tolerances applicable to the 
manufacturer specification shown on the engine label or in the owner's 
manual, as specified in the application for certification.
    (c) Use of carryover test data. In lieu of testing, the 
manufacturer may submit, with the Administrator's approval, emission 
test data used to certify substantially similar engine families in 
previous years. This ``carryover'' test data is only allowable if the 
data shows the test engine would fully comply with the emission 
standards for the applicable class.
    (d) Scheduled maintenance during testing. No scheduled maintenance 
may be performed during testing of the engine.
    (e) Unscheduled maintenance on test engines.
    (1) Manufacturers may not perform any unscheduled engine, emission 
control system, or fuel system adjustment, repair, removal, 
disassembly, cleaning, or replacement on a test engine without the 
advance approval of the Administrator.
    (2) The Administrator may approve unscheduled maintenance if:
    (i) A preliminary determination has been made that a part failure 
or system malfunction, or the repair of such failure or malfunction, 
does not render the engine unrepresentative of engines in use, and does 
not require direct access to the combustion chamber; and
    (ii) A determination has been made that the need for maintenance or 
repairs is indicated by an overt malfunction such as persistent 
misfire, engine stall, overheating, fluid leakage, or loss of oil 
pressure.
    (3) Emission measurements may not be used as a means of determining 
the need for unscheduled maintenance under paragraph (e)(2) of this 
section.
    (4) The Administrator must have the opportunity to verify the 
extent of any overt indication of part failure (for example, misfire, 
stall), or an activation of an audible and/or visual signal, prior to 
the manufacturer performing any maintenance related to such overt 
indication or signal.
    (5) Unless approved by the Administrator prior to use, engine 
manufacturers may not use any equipment, instruments, or tools to 
identify malfunctioning, maladjusted, or defective engine components 
unless the same or equivalent equipment, instruments, or tools are 
available at dealerships and other service outlets and are used in 
conjunction with scheduled maintenance on such components.
    (6) If the Administrator determines that part failure or system 
malfunction occurrence and/or repair rendered the engine 
unrepresentative of production engines, the engine cannot be used as a 
test engine.
    (7) Unless waived by the Administrator, complete emission tests are 
required before and after any engine maintenance which may reasonably 
be expected to affect emissions.
    (f) Engine failure. A manufacturer may not use as a test engine any 
engine 

[[Page 34607]]
which incurs major mechanical failure necessitating disassembly of the 
engine. This prohibition does not apply to failures which occur after 
completion of the service accumulation period.


Sec. 90.120  Certification procedure--use of special test procedures.

    (a) Use of special test procedures by EPA. The Administrator may 
establish special test procedures for any engine that the Administrator 
determines is not susceptible to satisfactory testing under the 
specified test procedures set forth in subpart E of this part.
    (b)(1) Use of alternate test procedures by an engine manufacturer. 
A manufacturer may elect to use an alternate test procedure provided 
that it yields results equal to the results from the specified test 
procedure in subpart E, its use is approved in advance by the 
Administrator, and the basis for equivalent results with the specified 
test procedure is fully described in the manufacturer's application.
    (2) An engine manufacturer electing to use alternate test 
procedures is solely responsible for the results obtained. The 
Administrator may reject data generated under test procedures which do 
not correlate with data generated under the specified procedures.


Sec. 90.121  Certification procedure--recordkeeping.

    (a) The engine manufacturer must maintain the following adequately 
organized records:
    (1) Copies of all applications filed with the Administrator;
    (2) A copy of all data obtained through the in-use testing program; 
and
    (3) A detailed history of each test engine used for certification 
including the following:
    (i) A description of the test engine's construction, including a 
general description of the origin and buildup of the engine, steps 
taken to insure that it is representative of production engines, 
description of components specially built for the test engine, and the 
origin and description of all emission-related components;
    (ii) A description of the method used for engine service 
accumulation, including date(s) and the number of hours accumulated;
    (iii) A description of all maintenance, including modifications, 
parts changes, and other servicing performed, and the date(s), and 
reason(s) for such maintenance;
    (iv) A description of all emission tests performed including 
routine and standard test documentation, as specified in subpart E of 
this part, date(s), and the purpose of each test;
    (v) A description of all tests performed to diagnose engine or 
emission control performance, giving the date and time of each and the 
reason(s) for the test; and
    (vi) A description of any significant event(s) affecting the engine 
during the period covered by the history of the test engine but not 
described by an entry under one of the previous paragraphs of this 
section.
    (b) Routine emission test data, such as those reporting test cell 
temperature and relative humidity at start and finish of test and raw 
emission results from each mode or test phase, must be retained for a 
period of one year after issuance of all certificates of conformity to 
which they relate. All other information specified in paragraph (a) of 
this section must be retained for a period of eight years after 
issuance of all certificates of conformity to which they relate.
    (c) Records may be kept in any format and on any media, provided 
that, at the Administrator's request, organized, written records in 
English are promptly supplied by the manufacturer.
    (d) The manufacturer must supply, at the Administrator's request, 
copies of any engine maintenance instructions or explanations issued by 
the manufacturer.


Sec. 90.122  Amending the application and certificate of conformity.

    (a) The engine manufacturer must notify the Administrator when 
either an engine is to be added to a certificate of conformity or 
changes are to be made to a product line covered by a certificate of 
conformity. Notification occurs when the manufacturer submits an 
amendment to the original application prior to either producing such 
engines or making such changes to a product line.
    (b) The amendment must request that the engine manufacturer's 
existing certificate of conformity be amended and include the following 
information:
    (1) A full description of the engine to be added or the change(s) 
to be made in production;
    (2) The manufacturer's proposed test engine selection(s); and
    (3) Engineering evaluations or reasons why the original test engine 
is or is not still appropriate.
    (c) The Administrator may require the engine manufacturer to 
perform tests on an engine representing the engine to be added or 
changed.
    (d) Decision by Administrator. (1) Based on the submitted amendment 
and data derived from such testing as the Administrator may require or 
conduct, the Administrator must determine whether the proposed addition 
or change would still be covered by the certificate of conformity then 
in effect.
    (2) If the Administrator determines that the new or changed 
engine(s) meets the requirements of this subpart and the Act, the 
appropriate certificate of conformity will be amended.
    (3) If the Administrator determines that the proposed amendment 
would not be covered by the certificate of conformity, the 
Administrator must provide a written explanation to the engine 
manufacturer of his or her decision not to amend the certificate. The 
manufacturer may request a hearing on a denial.
    (e)(1) Alternatively, an engine manufacturer may make changes in or 
additions to production engines concurrently with amending the 
application as set forth in paragraph (b) of this section, if the 
manufacturer determines that all affected engines will still meet 
applicable emission standards. The engine manufacturer must supply 
supporting documentation, test data, and engineering evaluations as 
appropriate to support its determination.
    (2) If, after a review, the Administrator determines additional 
testing is required, the engine manufacturer must provide required test 
data within 30 days or cease production of the affected engines.
    (3) If the Administrator determines that the affected engines do 
not meet applicable requirements, the Administrator will notify the 
engine manufacturer to cease production of the affected engines.


Sec. 90.123  Denial, revocation of certificate of conformity.

    (a) If, after review of the engine manufacturer's application, 
request for certification, information obtained from any inspection, 
and any other information the Administrator may require, the 
Administrator determines that the test engine does not meet applicable 
standards and requirements, the Administrator will notify the 
manufacturer in writing, setting forth the basis for this 
determination.
    (b) Notwithstanding the fact that engines described in the 
application may comply with all other requirements of this subpart, the 
Administrator may deny the issuance of or revoke a previously issued 
certificate of conformity if the Administrator finds any one of the 
following infractions to be substantial:
    (1) The engine manufacturer submits false or incomplete 
information;
    (2) The engine manufacturer denies an EPA enforcement officer or 
EPA authorized representative the 

[[Page 34608]]
opportunity to conduct authorized inspections;
    (3) The engine manufacturer fails to supply requested information 
or amend its application to include all engines being produced;
    (4) The engine manufacturer renders inaccurate any test data which 
it submits or otherwise circumvents the intent of the Act or this part; 
or
    (5) The engine manufacturer denies an EPA enforcement officer or 
EPA authorized representative reasonable assistance (as defined in 
Sec. 90.506).
    (c) If a manufacturer knowingly commits an infraction specified in 
paragraph (b)(1) or (b)(4) of this section or knowingly commits any 
fraudulent act which results in the issuance of a certificate of 
conformity, the Administrator may deem such certificate void ab initio.
    (d) When the Administrator denies or revokes a certificate of 
conformity, the engine manufacturer will be provided a written 
determination. The manufacturer may request a hearing on the 
Administrator's decision.
    (e) Any revocation of a certificate of conformity extends no 
further than to forbid the introduction into commerce of those engines 
previously covered by the certification which are still in the 
possession of the engine manufacturer, except in cases of such fraud or 
other misconduct that makes the certification void ab initio.


Sec. 90.124  Request for hearing.

    (a) An engine manufacturer may request a hearing on the 
Administrator's denial or revocation of a certificate of conformity.
    (b) The engine manufacturer's request must be filed within 30 days 
of the Administrator's decision, be in writing, and set forth the 
manufacturer's objections to the Administrator's decision and data to 
support the objections.
    (c) If, after review of the request and supporting data, the 
Administrator finds that the request raises a substantial and factual 
issue, the Administrator will provide the engine manufacturer a 
hearing.


Sec. 90.125  Hearing procedures.

    The hearing procedures set forth in Secs. 90.513, 90.514, and 
90.515 apply to this subpart.


Sec. 90.126  Right of entry and access.

    Any engine manufacturer that has applied for certification of a new 
engine or engine family subject to certification testing under this 
subpart must admit or cause to be admitted to any applicable facilities 
during operating hours any EPA enforcement officer or EPA authorized 
representative as provided in Sec. 90.506.

Subpart C--[Reserved]
Subpart D--Emission Test Equipment Provisions


Sec. 90.301  Applicability.

    (a) This subpart describes the equipment required in order to 
perform exhaust emission tests on new nonroad spark-ignition engines 
and vehicles subject to the provisions of subpart A of part 90.
    (b) Exhaust gases, either raw or dilute, are sampled while the test 
engine is operated using a steady state test cycle on an engine 
dynamometer. The exhaust gases receive specific component analysis 
determining concentration of pollutant. Emission concentrations are 
converted to mass emission rates in grams per hour based on either fuel 
flow, fuel flow and engine intake air flow, or exhaust volume flow. 
Weighted emission rates are reported as grams per brake-kilowatt hour 
(g/kW-hr). See subpart E of this part for a complete description of the 
test procedure.
    (c) Additional information about system design, calibration 
methodologies, and so forth, for raw gas sampling can be found in part 
86, subpart D of this chapter. Examples for system design, calibration 
methodologies, and so forth, for dilute exhaust gas sampling can be 
found in part 86, subpart N of this chapter.


Sec. 90.302  Definitions.

    The definitions in Sec. 90.3 apply to this subpart. The following 
definitions also apply to this subpart.
    Rated speed means the speed at which the manufacturer specifies the 
maximum rated power of an engine.
    Intermediate speed means the engine speed which is 85 percent of 
the rated speed.


Sec. 90.303  Symbols, acronyms, abbreviations.

    (a) The acronyms and abbreviations in Sec. 90.5 apply to this 
subpart.
    (b) The symbols in Table 1 in Appendix A of this subpart apply to 
this subpart.


Sec. 90.304  Test equipment overview.

    (a) All engines subject to this subpart are tested for exhaust 
emissions. Engines are operated on dynamometers meeting the 
specification given in Sec. 90.305.
    (b) The exhaust is tested for gaseous emissions using a raw gas 
sampling system as described in Sec. 90.414 or a constant volume 
sampling (CVS) system as described in Sec. 90.421. Both systems require 
analyzers (see paragraph (c) of this section) specific to the pollutant 
being measured.
    (c) Analyzers used are a non-dispersive infrared (NDIR) absorption 
type for carbon monoxide and carbon dioxide analysis; paramagnetic 
(PMD), zirconia (ZRDO), or electrochemical type (ECS) for oxygen 
analysis; a flame ionization (FID) or heated flame ionization (HFID) 
type for hydrocarbon analysis; and a chemiluminescent detector (CLD) or 
heated chemiluminescent detector (HCLD) for oxides of nitrogen 
analysis.


Sec. 90.305  Dynamometer specifications and calibration accuracy.

    (a) Dynamometer specifications. The dynamometer test stand and 
other instruments for measurement of speed and power output must meet 
the engine speed and torque accuracy requirements shown in Table 2 in 
Appendix A of this subpart. The dynamometer must be capable of 
performing the test cycle described in Sec. 90.410.
    (b) Dynamometer calibration accuracy. (1) The dynamometer test 
stand and other instruments for measurement of power output must meet 
the calibration frequency shown in Table 2 in Appendix A of this 
subpart.
    (2) A minimum of three calibration weights for each range used is 
required. The weights must be equally spaced and traceable to within 
0.5 percent of National Institute for Standards and Testing (NIST) 
weights. Laboratories located in foreign countries may certify 
calibration weights to local government bureau standards.


Sec. 90.306  Dynamometer torque cell calibration.

    (a)(1) Any lever arm used to convert a weight or a force through a 
distance into a torque must be used in a horizontal position for 
horizontal shaft dynamometers ( five degrees). For vertical 
shaft dynamometers, a pulley system may be used to convert the 
dynamometer's horizontal loading into the vertical plane.
    (2) Calculate the indicated torque (IT) for each calibration weight 
to be used by:

IT=Moment Arm (meters)  x  Calibration Weight (Newtons)

    (3) Attach each calibration weight specified in Sec. 90.305(b)(2) 
to the moment arm at the calibration distance determined in paragraph 
(a)(2) of this section. Record the power measurement equipment response 
(N-m) to each weight.
    (4) Compare the torque value measured to the calculated torque. 

[[Page 34609]]

    (5) The measured torque must be within two percent of the 
calculated torque.
    (6) If the measured torque is not within two percent of the 
calculated torque, adjust or repair the system. Repeat steps in 
paragraphs (a)(1) through (a)(6) of this section with the adjusted or 
repaired system.
    (b) Option. A master load-cell or transfer standard may be used to 
verify the torque measurement system.
    (1) The master load-cell and read out system must be calibrated 
using weights specified in Sec. 90.305(b)(2).
    (2) Attach the master load-cell and loading system.
    (3) Load the dynamometer to a minimum of three equally spaced 
torque values as indicated by the master load-cell for each in-use 
range used.
    (4) The in-use torque measurement must be within two percent of the 
torque measured by the master system for each load used.
    (5) If the in-use torque is not within two percent of the master 
torque, adjust or repair the system. Repeat steps in paragraphs (b)(2) 
through (b)(4) of this section with the adjusted or repaired system.
    (c) Calibrated resistors may not be used for engine flywheel torque 
transducer calibration, but may be used to span the transducer prior to 
engine testing.
    (d) Other engine dynamometer system calibrations such as speed are 
performed as specified by the dynamometer manufacturer or as dictated 
by good engineering practice.


Sec. 90.307  Engine cooling system.

    An engine cooling system is required with sufficient capacity to 
maintain the engine at normal operating temperatures as prescribed by 
the engine manufacturer. Auxiliary fan(s) may be used to maintain 
sufficient engine cooling during engine dynamometer operation.


Sec. 90.308  Lubricating oil and test fuels.

    (a) Lubricating oil. Use the engine lubricating oil which meets the 
engine manufacturer's specifications for a particular engine and 
intended usage.
    (1) Manufacturers must use engine lubricants representative of 
commercially available engine lubricants.
    (2) For 2-stroke engines, the fuel/oil mixture ratio must be that 
which is recommended by the manufacturer.
    (b) Test Fuels--Certification. (1) The manufacturer must use 
gasoline having the specifications, or substantially equivalent 
specifications approved by the Administrator, as specified in Table 3 
in Appendix A of this subpart for exhaust emission testing of gasoline 
fueled engines. As an option, manufacturers may use the fuel specified 
in Sec. 86.1313-94(a) of this chapter for gasoline fueled engines.
    (2) Alternative fuels, such as natural gas, propane, and methanol, 
used for exhaust emission testing and service accumulation of 
alternative fuel spark-ignition engines must be representative of 
commercially available alternative fuels.
    (i) The manufacturer shall recommend the alternative fuel to be 
used for certification testing and engine service accumulation in 
accordance with paragraph (b)(3) of this section.
    (ii) The Administrator shall determine the alternative fuel to be 
used for testing and engine service accumulation, taking into 
consideration the alternative fuel recommended by the manufacturer.
    (3) Other fuels may be used for testing provided:
    (i) They are commercially viable;
    (ii) Information acceptable to the Administrator is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Fuel specifications are approved in writing by the 
Administrator prior to the start of testing.
    (c) Test Fuels--Service Accumulation. Unleaded gasoline 
representative of commercial gasoline generally available through 
retail outlets must be used in service accumulation for gasoline-fueled 
spark-ignition engines. As an alternative, the certification test fuels 
specified under paragraph (b) of this section may be used for engine 
service accumulation. Leaded fuel may not be used during service 
accumulation. Additional fuel requirements for service accumulation are 
as follows:


Sec. 90.309  Engine intake air temperature measurement.

    (a) The measurement location must be within 10 cm of the engine 
intake system (i.e., the air cleaner, for most engines.)
    (b) The temperature measurements must be accurate to within 
 2  deg.C.


Sec. 90.310  Engine intake air humidity measurement.

    This section refers to engines which are supplied with intake air 
other than the ambient air in the test cell (i.e., air which has been 
pumped directly to the engine air intake system). For engines which use 
ambient test cell air for the engine intake air, the ambient test cell 
humidity measurement may be used.
    (a) Humidity conditioned air supply. Air that has had its absolute 
humidity altered is considered humidity-conditioned air. For this type 
of intake air supply, the humidity measurements must be made within the 
intake air supply system and after the humidity conditioning has taken 
place.
    (b) Unconditioned air supply. Humidity measurements in 
unconditioned intake air supply systems must be made in the intake air 
stream entering the supply system. Alternatively, the humidity 
measurements can be measured within the intake air supply stream.


Sec. 90.311  Test conditions.

    (a) General requirements. (1) Ambient temperature levels 
encountered by the test engine throughout the test sequence may not be 
less than 20  deg.C or more than 30  deg.C. All engines must be 
installed on the test bed at their design installation angle to prevent 
abnormal fuel distribution.
    (2) Calculate all volumes and volumetric flow rates at standard 
conditions for temperature and pressure, and use these conditions 
consistently throughout all calculations. Standard conditions for 
temperature and pressure are 25  deg.C and 101.3 kPa.
    (b) Engine test conditions. Measure the absolute temperature 
(designated as T and expressed in Kelvin) of the engine air at the 
inlet to the engine and the dry atmospheric pressure (designated as 
ps and expressed in kPa), and determine the parameter f according 
to the following provisions for naturally aspirated engines:
[GRAPHIC][TIFF OMITTED]TR03JY95.009

For a certification test to be recognized as valid, the parameter f 
shall be between the limits as shown below: 0.96 1 ppm C,  1 ppm CO,  
400 ppm CO2,  0.1 ppm NO);
    (2) Purified oxygen (Purity 99.5 percent vol O2);
    (3) Hydrogen-helium mixture (40  2 percent hydrogen, 
balance helium) (Contamination  1 ppm C,  400 ppm 
CO);
    (4) Purified synthetic air, also refered to as ``zero air'' or 
``zero gas'' 

[[Page 34610]]
(Contamination  1 ppm C,  1 ppm CO,  
400 ppm CO2,  0.1 ppm NO) (Oxygen content between 18-21 
percent vol.).
    (c) Calibration and span gases. (1) Calibration gas values are to 
be derived from NIST ``Standard Reference Materials'' (SRM's) and are 
to be single blends as specified in this subsection.
    (2) Mixtures of gases having the following chemical compositions 
must be available:

C3H8 and purified synthetic air and/or C3H8 and 
purified nitrogen;
CO and purified nitrogen;
NOX and purified nitrogen (the amount of NO2 contained in 
this calibration gas must not exceed five percent of the NO content);
CO2 and purified nitrogen.

    Note: For the HFID or FID the manufacturer may choose to use as 
a diluent span gas and the calibration gas either purified synthetic 
air or purified nitrogen. Any mixture of C3H8 and purified 
synthetic air which contains a concentration of propane higher than 
what a gas supplier considers to be safe may be substituted with a 
mixture of C3H8 and purified nitrogen. However, the 
manufacturer must be consistent in the choice of diluent (zero air 
or purified nitrogen) between the calibration and span gases. If a 
manufacturer chooses to use C3H8 and purified nitrogen for 
the calibration gases, then purified nitrogen must be the diluent 
for the span gases.

    (3) The true concentration of a span gas must be within 
 two percent of the NIST gas standard. The true 
concentration of a calibration gas must be within  one 
percent of the NIST gas standard. The use of precision blending devices 
(gas dividers) to obtain the required calibration gas concentrations is 
acceptable. Give all concentrations of calibration gas on a volume 
basis (volume percent or volume ppm).
    (4) The gas concentrations used for calibration and span may also 
be obtained by means of a gas divider, diluting either with purified 
N2 or with purified synthetic air. The accuracy of the mixing 
device must be such that the concentration of the diluted gases may be 
determined to within  two percent.
    (d) Oxygen interference check gases must contain propane with 350 
ppmC  75 ppmC hydrocarbon. Determine the concentration 
value to calibration gas tolerances by chromatographic analysis of 
total hydrocarbons plus impurities or by dynamic blending. For gasoline 
fueled engines, oxygen contentration must be between 0 and 1 percent 
O2. Nitrogen must be the predominant diluent with the balance 
oxygen.
    (e) Fuel for the hydrocarbon flame ionization detector (HC-FID) 
must be a blend of 40  two percent hydrogen with the 
balance being helium. The mixture must contain less than one ppm 
equivalent carbon response; 98 to 100 percent hydrogen fuel may be used 
with advance approval of the Administrator.
    (f) Hydrocarbon analyzer burner air. The concentration of oxygen 
must be within one mole percent of the oxygen concentration of the 
burner air used in the latest oxygen interference check (percent 
O2I), see Sec. 90.316(d). If the difference in oxygen 
concentration is greater than one mole percent, then the oxygen 
interference must be checked and, if necessary, the analyzer adjusted 
to meet the percent O2I requirements. The burner air must contain 
less than two ppmC hydrocarbon.


Sec. 90.313  Analyzers required.

    (a) Analyzers. Analyze measured gases with the following 
instruments:
    (1) Carbon monoxide (CO) analysis. (i) The carbon monoxide analyzer 
shall be of the non-dispersive infrared (NDIR) absorption type.
    (ii) The use of linearizing circuits is permitted.
    (2) Carbon dioxide (CO2) analysis. (i) The carbon dioxide 
analyzer shall be of the non-dispersive infrared (NDIR) absorption 
type.
    (ii) The use of linearizing circuits is permitted.
    (3) Oxygen (O2) analysis. Oxygen (O2) analyzers may be of 
the paramagnetic (PMD), zirconia (ZRDO) or electrochemical type (ECS).
    (4) Hydrocarbon (HC) analysis. (i) For Raw Gas Sampling, the 
hydrocarbon analyzer shall be of the heated flame ionization (HFID) 
type. For constant volume sampling, the hydrocarbon analyzer may be of 
the flame ionization (FID) type or of the heated flame ionization 
(HFID) type.
    (ii) For the HFID system, if the temperature of the exhaust gas at 
the sample probe is below 190 deg. C, the temperature of the valves, 
pipe work, and so forth, must be controlled so as to maintain a wall 
temperature of 190 deg. C 11 deg. C. If the temperature of 
the exhaust gas at the sample probe is above 190 deg. C, the 
temperature of the valves, pipe work, and so forth, must be controlled 
so as to maintain a wall temperature greater than 180 deg. C.
    (iii) For the HFID analyzer, the detector, oven, and sample-
handling components within the oven must be suitable for continuous 
operation at temperatures to 200 deg. C. It must by capable of 
maintaining temperature within 5.5 deg. C of the set point.
    (iv) Fuel and burner air must conform to the specifications in 
Sec. 90.312.
    (v) The percent of oxygen interference must be less than three 
percent, as specified in Sec. 90.316(d).
    (5) Oxides of nitrogen (NOX) analysis.
    (i) This analysis device consists of the following items:
    (A) A NO2 to NO converter. The NO2 to NO converter 
efficiency must be at least 90 percent.
    (B) An ice bath located after the NOX converter (optional).
    (C) A chemiluminescent detector (CLD) or heated chemiluminescent 
detector (HCLD).
    (ii) The quench interference must be less than 3.0 percent as 
measured in Sec. 90.325.
    (b) Other analyzers and equipment. Other types of analyzers and 
equipment may be used if shown to yield equivalent results and if 
approved in advance by the Administrator.
    (c) The following requirements must be incorporated as indicated in 
systems used for testing under this subpart.
    (1) Carbon monoxide and carbon dioxide measurements must be made on 
a dry basis (for raw exhaust measurement only). Specific requirements 
for the means of drying the sample can be found in Sec. 90.313(e).
    (2) Calibration or span gases for the NOX measurement system 
must pass through the NO2 to NO converter.
    (d) The electromagnetic compatibility (EMC) of the equipment must 
be on a level as to minimize additional errors.
    (e) Gas drying. Chemical dryers are not an acceptable method of 
removing water from the sample. Water removal by condensation is 
acceptable. If water is removed by condensation, the sample gas 
temperature or sample dew point must be monitored either within the 
water trap or downstream and its temperature must not exceed 7 deg. C. 
A water trap performing this function is an acceptable method. Means 
other than condensation may be used only with prior approval from the 
Administrator.


Sec. 90.314  Analyzer accuracy and specifications.

    (a) Measurement and accuracy--general. The analyzers must have a 
measuring range which allows them to measure the concentrations of the 
exhaust gas sample pollutants with the accuracies shown in Table 2 in 
Appendix A of this subpart.
    (1) Precision. The precision of the analyzer must be, at worst, two 
percent of full-scale concentration for each range used. The precision 
is defined as 2.5 times the standard deviation(s) of 10 repetitive 
responses to a given calibration or span gas.
    (2) Noise. The analyzer peak-to-peak response to zero and 
calibration or span gases over any 10-second period must not exceed two 
percent of full-scale chart deflection on all ranges used. 

[[Page 34611]]

    (3) Zero drift. The analyzer zero-response drift during a one-hour 
period must be less than two percent of full-scale chart deflection on 
the lowest range used. The zero-response is defined as the mean 
response including noise to a zero-gas during a 30-second time 
interval.
    (4) Span drift. The analyzer span drift during a one-hour period 
must be less than two percent of full-scale chart deflection on the 
lowest range used. The analyzer span is defined as the difference 
between the span-response and the zero-response. The span-response is 
defined as the mean response including noise to a span gas during a 30-
second time interval.
    (b) Operating procedure for analyzers and sampling system. Follow 
the start-up and operating instructions of the instrument manufacturer 
or use good engineering practice. Adhere to the minimum requirements 
given in Secs. 90.316 through 90.325 and Sec. 90.409.
    (c) Emission measurement accuracy--Bag sampling. (1) Good 
engineering practice dictates that exhaust emission sample analyzer 
readings below 15 percent of full-scale chart deflection should 
generally not be used.
    (2) Some high resolution read-out systems, such as computers, data 
loggers, and so forth, can provide sufficient accuracy and resolution 
below 15 percent of full scale. Such systems may be used provided that 
additional calibrations are made to ensure the accuracy of the 
calibration curves. The following procedure for calibration below 15 
percent of full scale may be used:

    Note to paragraph (c): If a gas divider is used, the gas divider 
must conform to the accuracy requirements as follows. The use of 
precision blending devices (gas dividers) to obtain the required 
calibration gas concentrations is acceptable, provided that the 
blended gases are accurate to within  1.5 percent of 
NIST gas standards or other gas standards which have been approved 
by the Administrator. This accuracy implies that primary gases used 
for blending must be ``named'' to an accuracy of at least 
 one percent, traceable to NIST or other approved gas 
standards.

    (i) Span the full analyzer range using a top range calibration gas. 
The span gases must be accurate to within  two percent of 
NIST gas standards or other gas standards which have been approved by 
the Administrator.
    (ii) Generate a calibration curve according to, and meeting the 
requirements, of the sections describing analyzer calibrations which 
are found in Secs. 90.316, 90.317, 90.318, and 90.320.
    (iii) Select a calibration gas (a span gas may be used for 
calibrating the CO2 analyzer) with a concentration between the two 
lowest non-zero gas divider increments. This gas must be ``named'' to 
an accuracy of  one percent of NIST gas standards or other 
standards approved by the Administrator.
    (iv) Using the calibration curve fitted to the points generated in 
paragraphs (c)(2) (i) and (ii) of this section, check the concentration 
of the gas selected in paragraph (c)(2)(iii) of this section. The 
concentration derived from the curve must be within  2.3 
percent ( 2.8 percent for CO2 span gas) of the gas's 
original named concentration.
    (v) Provided the requirements of paragraph (c)(2)(iv) of this 
section are met, use the gas divider with the gas selected in paragraph 
(c)(2)(iii) of this section and determine the remainder of the 
calibration points. Fit a calibration curve per Secs. 90.316, 90.317, 
90.318, and 90.320 of this chapter for the entire analyzer range.
    (d) Emission measurement accuracy--continuous sampling. Analyzers 
used for continuous analysis must be operated such that the measured 
concentration falls between 15 and 100 percent of full-scale chart 
deflection. Exceptions to these limits are:
    (1) The analyzer's response may be less than 15 percent or more 
than 100 percent of full scale if automatic range change circuitry is 
used and the limits for range changes are between 15 and 100 percent of 
full-scale chart deflection;
    (2) The analyzer's response may be less than 15 percent of full 
scale if:
    (i) The alternative in paragraph (c)(2) of this section is used to 
ensure that the accuracy of the calibration curve is maintained below 
15 percent; or
    (ii) The full-scale value of the range is 155 ppm (C) or less; or
    (iii) The emissions from the engine are erratic and the integrated 
chart deflection value for the cycle is greater than 15 percent of full 
scale; or
    (iv) The contribution of all data read below the 15 percent level 
is less than 10 percent by mass of the final test results.


Sec. 90.315  Analyzer initial calibration.

    (a) Warming-up time. The warming-up time should be according to the 
recommendations of the manufacturer. If not specified, a minimum of two 
hours should be allowed for warming up the analyzers.
    (b) NDIR, FID, and HFID analyzer. Tune and maintain the NDIR 
analyzer per the instrument manufacturer recommendations or 
specifications or using good engineering practice. The combustion flame 
of the FID or HFID analyzer must be optimized in order to meet the 
specifications in Sec. 90.316(b).
    (c) Zero setting and calibration. Using purified synthetic air (or 
nitrogen), set the CO, CO2, NOX, and HC analyzers at zero. 
Connect the appropriate calibrating gases to the analyzers and record 
the values. Use the same gas flow rates and pressure as when sampling 
exhaust.
    (d) Rechecking of zero setting. Recheck the zero setting and, if 
necessary, repeat the procedure described in paragraph (c) of this 
section.


Sec. 90.316  Hydrocarbon analyzer calibration.

    (a) Calibrate the FID and HFID hydrocarbon analyzer as described in 
this section. Operate the HFID to a set point  5.5 deg. C 
between 185 and 197 deg. C.
    (b) Initial and periodic optimization of detector response. Prior 
to initial use and at least annually thereafter, adjust the FID and 
HFID hydrocarbon analyzer for optimum hydrocarbon response as specified 
in this paragraph. Alternative methods yielding equivalent results may 
be used, if approved in advance by the Administrator.
    (1) Follow good engineering practices for initial instrument start-
up and basic operating adjustment using the appropriate fuel (see 
Sec. 90.312) and purified synthetic air or zero-grade nitrogen.
    (2) Use of one of the following procedures is required for FID or 
HFID optimization:
    (i) The procedure outlined in Society of Automotive Engineers (SAE) 
paper No. 770141, ``Optimization of a Flame Ionization Detector for 
Determination of Hydrocarbon in Diluted Automotive Exhausts;'' author, 
Glenn D. Reschke. This procedure has been incorporated by reference. 
See Sec. 90.7.
    (ii) The HFID optimization procedures outlined in Sec. 86.331-79 of 
this chapter.
    (iii) Alternative procedures may be used if approved in advance by 
the Administrator.
    (3) After the optimum flow rates have been determined, record them 
for future reference.
    (c) Initial and periodic calibration. Prior to initial use and 
monthly thereafter, or within one month prior to the certification 
test, the FID or HFID hydrocarbon analyzer must be calibrated on all 
normally used instrument ranges using the steps in this paragraph. Use 
the same flow rate and pressures as when analyzing samples. Introduce 
calibration gases directly at the analyzer. An optional method for 
dilute sampling described in Sec. 86.1310-90(b)(3)(i) may be used. 

[[Page 34612]]

    (1) Adjust analyzer to optimize performance.
    (2) Zero the hydrocarbon analyzer with purified synthetic air or 
zero-grade nitrogen.
    (3) Calibrate on each used operating range with calibration gases 
having nominal concentrations between 10 and 90 percent of that range. 
A minimum of six evenly spaced points covering at least 80 percent of 
the 10 to 90 range (64 percent) is required (see following table).

------------------------------------------------------------------------
   Example calibration points (%)        Acceptable for calibration?    
------------------------------------------------------------------------
20, 30, 40, 50, 60, 70.............  No, range covered is 50 percent,   
                                      not 64.                           
20, 30, 40, 50, 60, 70, 80, 90.....  Yes.                               
10, 25, 40, 55, 70, 85.............  Yes.                               
10, 30, 50, 70, 90.................  No, though equally spaced and      
                                      entire range covered, a minimum of
                                      six points are needed.            
------------------------------------------------------------------------

For each range calibrated, if the deviation from a least-squares best-
fit straight line is two percent or less of the value at each data 
point, calculate concentration values by use of a single calibration 
factor for that range. If the deviation exceeds two percent at any 
point, use the best-fit non-linear equation which represents the data 
to within two percent of each test point to determine concentration.
    (d) Oxygen interference optimization. Prior to initial use and 
monthly thereafter, perform the oxygen interference optimization as 
described in this paragraph. Choose a range where the oxygen 
interference check gases will fall in the upper 50 percent. Conduct the 
test, as outlined in this paragraph, with the oven temperature set as 
required by the instrument manufacturer. Oxygen interference check gas 
specifications are found in Sec. 90.312(d).
    (1) Zero the analyzer.
    (2) Span the analyzer with the 21 percent oxygen blend.
    (3) Recheck zero response. If it has changed more than 0.5 percent 
of full scale repeat paragraphs (d)(1) and (d)(2) of this section to 
correct the problem.
    (4) Introduce the five percent and 10 percent oxygen interference 
check gases.
    (5) Recheck the zero response. If it has changed by more than 
 one percent of full scale, repeat the test.
    (6) Calculate the percent of oxygen interference (designated as 
percent O2I) for each mixture in paragraph (d)(4) of this section 
according to the following equation.
[GRAPHIC][TIFF OMITTED]TR03JY95.010

Where:

A = hydrocarbon concentration (ppmC) of the span gas used in paragraph 
(d)(2) of this section.
B = hydrocarbon concentration (ppmC) of the oxygen interference check 
gases used in paragraph (d)(4) of this section.

    (7) The percent of oxygen interference (designated as percent 
O2I) must be less than  three percent for all required 
oxygen interference check gases prior to testing.
    (8) If the oxygen interference is greater than the specifications, 
incrementally adjust the air flow above and below the manufacturer's 
specifications, repeating paragraphs (d)(1) through (d)(7) of this 
section for each flow.
    (9) If the oxygen interference is greater than the specification 
after adjusting the air flow, vary the fuel flow and thereafter the 
sample flow, repeating paragraphs (d)(1) through (d)(7) of this section 
for each new setting.
    (10) If the oxygen interference is still greater than the 
specifications, repair or replace the analyzer, FID fuel, or burner air 
prior to testing. Repeat this section with the repaired or replaced 
equipment or gases.


Sec. 90.317  Carbon monoxide analyzer calibration.

    (a) Calibrate the NDIR carbon monoxide analyzer as described in 
this section.
    (b) Initial and periodic interference. Prior to its initial use and 
annually thereafter, check the NDIR carbon monoxide analyzer for 
response to water vapor and CO2:
    (1) Follow good engineering practices for instrument start-up and 
operation. Adjust the analyzer to optimize performance on the most 
sensitive range to be used.
    (2) Zero the carbon monoxide analyzer with either purified 
synthetic air or zero-grade nitrogen.
    (3) Bubble a mixture of three percent CO2 in N2 through 
water at room temperature and record analyzer response.
    (4) An analyzer response of more than one percent of full scale for 
ranges above 300 ppm full scale or more than three ppm on ranges below 
300 ppm full scale requires corrective action. (Use of conditioning 
columns is one form of corrective action which may be taken.)
    (c) Initial and periodic calibration. Prior to its initial use and 
monthly thereafter, or within one month prior to the certification 
test, calibrate the NDIR carbon monoxide analyzer.
    (1) Adjust the analyzer to optimize performance.
    (2) Zero the carbon monoxide analyzer with either purified 
synthetic air or zero-grade nitrogen.
    (3) Calibrate on each used operating range with carbon monoxide-in-
N2 calibration gases having nominal concentrations between 10 and 
90 percent of that range. A minimum of six 

[[Page 34613]]
evenly spaced points covering at least 80 percent of the 10 to 90 range 
(64 percent) is required (see following table).

------------------------------------------------------------------------
   Example calibration points (%)        Acceptable for calibration?    
------------------------------------------------------------------------
20, 30, 40, 50, 60, 70.............  No, range covered is 50 percent,   
                                      not 64.                           
20, 30, 40, 50, 60, 70, 80, 90.....  Yes.                               
10, 25, 40, 55, 70, 85.............  Yes.                               
10, 30, 50, 70, 90.................  No, though equally spaced and      
                                      entire range covered, a minimum of
                                      six points are needed.            
------------------------------------------------------------------------

Additional calibration points may be generated. For each range 
calibrated, if the deviation from a least-squares best-fit straight 
line is two percent or less of the value at each data point, calculate 
concentration values by use of a single calibration factor for that 
range. If the deviation exceeds two percent at any point, use the best-
fit non-linear equation which represents the data to within two percent 
of each test point to determine concentration.


Sec. 90.318  Oxides of nitrogen analyzer calibration.

    (a) Calibrate the chemiluminescent oxides of nitrogen analyzer as 
described in this section.
    (b) Initial and Periodic Interference: Prior to its initial use and 
monthly thereafter, or within one month prior to the certification 
test, check the chemiluminescent oxides of nitrogen analyzer for 
NO2 to NO converter efficiency. Figure 1 in Appendix B of this 
subpart is a reference for paragraphs (b)(1) through (11) of this 
section:
    (1) Follow good engineering practices for instrument start-up and 
operation. Adjust the analyzer to optimize performance.
    (2) Zero the oxides of nitrogen analyzer with purified synthetic 
air or zero-grade nitrogen.
    (3) Connect the outlet of the NOX generator to the sample 
inlet of the oxides of nitrogen analyzer which has been set to the most 
common operating range.
    (4) Introduce into the NOX generator analyzer-system an NO-in-
nitrogen (N2) mixture with an NO concentration equal to 
approximately 80 percent of the most common operating range. The 
NO2 content of the gas mixture must be less than five percent of 
the NO concentration.
    (5) With the oxides of nitrogen analyzer in the NO mode, record the 
concentration of NO indicated by the analyzer.
    (6) Turn on the NOX generator O2 (or air) supply and 
adjust the O2 (or air) flow rate so that the NO indicated by the 
analyzer is about 10 percent less than indicated in paragraph (b)(5) of 
this section. Record the concentration of NO in this NO+O2 mixture 
as value ``c.''
    (7) Switch the NOX generator to the generation mode and adjust 
the generation rate so that the NO measured on the analyzer is 20 
percent of that measured in paragraph (b)(5) of this section. There 
must be at least 10 percent unreacted NO at this point. Record the 
concentration of residual NO as value ``d.''
    (8) Switch the oxides of nitrogen analyzer to the NOX mode and 
measure total NOX. Record this value as ``a.''
    (9) Switch off the NOX generator but maintain gas flow through 
the system. The oxides of nitrogen analyzer will indicate the NOX 
in the NO+O2 mixture. Record this value as ``b''.
    (10) Turn off the NOX generator O2 (or air) supply. The 
analyzer will now indicate the NOX in the original NO-in-N2 
mixture. This value should be no more than five percent above the value 
indicated in paragraph (b)(4) of this section.
    (11) Calculate the efficiency of the NOX converter by 
substituting the concentrations obtained into the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.049

Where:

a = concentration obtained in paragraph (b)(8),
b = concentration obtained in paragraph (b)(9),
c = concentration obtained in paragraph (b)(6),
d = concentration obtained in paragraph (b)(7).

    If converter efficiency is less than 90 percent, corrective action 
will be required.
    (c) Initial and periodic calibration. Prior to its initial use and 
monthly thereafter, or within one month prior to the certification 
test, calibrate the chemiluminescent oxides of nitrogen analyzer on all 
normally used instrument ranges. Use the same flow rate as when 
analyzing samples. Proceed as follows:
    (1) Adjust analyzer to optimize performance.
    (2) Zero the oxides of nitrogen analyzer with purified synthetic 
air or zero-grade nitrogen.
    (3) Calibrate on each normally used operating range with NO-in-
N2 calibration gases having nominal concentrations between 10 and 
90 percent of that range. A minimum of six evenly spaced points 
covering at least 80 percent of the 10 to 90 range (64 percent) is 
required (see following table).

------------------------------------------------------------------------
   Example calibration points (%)        Acceptable for calibration?    
------------------------------------------------------------------------
20, 30, 40, 50, 60, 70.............  No, range covered is 50 percent,   
                                      not 64                            
20, 30, 40, 50, 60, 70, 80, 90.....  Yes.                               
10, 25, 40, 55, 70, 85.............  Yes.                               
10, 30, 50, 70, 90.................  No, though equally spaced and      
                                      entire range covered, a minimum of
                                      six points are needed.            
------------------------------------------------------------------------

Additional calibration points may be generated. For each range 
calibrated, if the deviation from a least-squares best-fit straight 
line is two percent or less of the value at each data point, calculate 
concentration values by use of a single calibration factor for that 
range. If the deviation exceeds two percent at any point, use the best-
fit non-linear equation which represents the data to within two percent 
of each test point to determine concentration.
    (d) The initial and periodic interference, system check, and 
calibration test procedures specified in 

[[Page 34614]]
Sec. 86.332-79 of this chapter may be used in lieu of the procedures 
specified in this section.


Sec. 90.319  NOX converter check.

    (a) The efficiency of the converter used for the conversion of 
NO2 to NO is tested as given in paragraphs (a)(1) through (a)(8) 
of this section.
    (1) Using the test setup as shown in Figure 1 in Appendix B of this 
subpart (see also Sec. 90.318 of this chapter) and the procedure 
described in paragraphs (a)(2) through (a)(8) of this section, test the 
efficiency of converters by means of an ozonator.
    (2) Calibrate the HCLD or CLD in the most common operating range 
following the manufacturer's specifications using zero and span gas 
(the NO content of which must amount to about 80 percent of the 
operating range and the NO2 concentration of the gas mixture less 
than five percent of the NO concentration). The NOX analyzer must 
be in the NO mode so that the span gas does not pass through the 
converter. Record the indicated concentration.
    (3) Calculate the efficiency of the NOX converter as described 
in Sec. 90.318(b).
    (4) Via a T-fitting, add oxygen continuously to the gas flow until 
the concentration indicated is about 20 percent less than the indicated 
calibration concentration given in paragraph (a)(2) of this section. 
Record the indicated concentration ``c.'' The ozonator is kept 
deactivated throughout the process.
    (5) Activate the ozonator to generate enough ozone to bring the NO 
concentration down to about 20 percent (minimum 10 percent) of the 
calibration concentration given in paragraph (a)(2) of this section. 
Record the indicated concentration ``d.''

    Note: If, with the analyzer in the most common range, the 
NOX converter can not give a reduction from 80 percent to 20 
percent, then use the highest range which will give the reduction.

    (6) Switch the NO analyzer to the NOX mode which means that 
the gas mixture (consisting of NO, NO2, O2 and N2) now 
passes through the converter. Record the indicated concentration ``a.''
    (7) Deactivate the ozonator. The mixture of gases described in 
paragraph (a)(6) of this section passes through the converter into the 
detector. Record the indicated concentration ``b.''
    (8) Switched to NO mode with the ozonator deactivated, the flow of 
oxygen or purified synthetic air is also shut off. The NOX reading 
of the analyzer may not deviate by more than  five percent 
of the theoretical value of the figure given in paragraph (a)(2) of 
this section.
    (b) The efficiency of the converter must be tested prior to each 
calibration of the NOX analyzer.
    (c) The efficiency of the converter may not be less than 90 
percent.


Sec. 90.320  Carbon dioxide analyzer calibration.

    (a) Prior to its initial use and monthly thereafter, or within one 
month prior to the certification test, calibrate the NDIR carbon 
dioxide analyzer as follows:
    (1) Follow good engineering practices for instrument start-up and 
operation. Adjust the analyzer to optimize performance.
    (2) Zero the carbon dioxide analyzer with either purified synthetic 
air or zero-grade nitrogen.
    (3) Calibrate on each normally used operating range with carbon 
dioxide-in-N2 calibration or span gases having nominal 
concentrations between 10 and 90 percent of that range. A minimum of 
six evenly spaced points covering at least 80 percent of the 10 to 90 
range (64 percent) is required (see following table).

------------------------------------------------------------------------
   Example calibration points (%)        Acceptable for Calibration?    
------------------------------------------------------------------------
20, 30, 40, 50, 60, 70.............  No, range covered is 50 percent,   
                                      not 64.                           
20, 30, 40, 50, 60, 70, 80, 90.....  Yes.                               
10, 25, 40, 55, 70, 85.............  Yes.                               
10, 30, 50, 70, 90.................  No, though equally spaced and      
                                      entire range covered, a minimum of
                                      six points are needed.            
------------------------------------------------------------------------

Additional calibration points may be generated. For each range 
calibrated, if the deviation from a least-squares best-fit straight 
line is two percent or less of the value at each data point, calculate 
concentration values by use of a single calibration factor for that 
range. If the deviation exceeds two percent at any point, use the best-
fit non-linear equation which represents the data to within two percent 
of each test point to determine concentration.
    (b) The initial and periodic interference, system check, and 
calibration test procedures specified in Secs. 86.316, 86.319, 86.320, 
86.321, and 86.322 of this chapter may be used in lieu of the 
procedures in this section.
Sec. 90.321  NDIR analyzer calibration.

    (a) Detector optimization. If necessary, follow the instrument 
manufacturer's instructions for initial start-up and basic operating 
adjustments.
    (b) Calibration curve. Develop a calibration curve for each range 
used as follows:
    (1) Zero the analyzer.
    (2) Span the analyzer to give a response of approximately 90 
percent of full-scale chart deflection.
    (3) Recheck the zero response. If it has changed more than 0.5 
percent of full scale, repeat the steps given in paragraphs (b)(1) and 
(b)(2) of this section.
    (4) Record the response of calibration gases having nominal 
concentrations between 10 and 90 percent of full-scale concentration. A 
minimum of six evenly spaced points covering at least 80 percent of the 
10 to 90 range (64 percent) is required (see following table).

------------------------------------------------------------------------
   Example calibration points (%)        Acceptable for calibration?    
------------------------------------------------------------------------
20, 30, 40, 50, 60, 70.............  No, range covered is 50 percent,   
                                      not 64.                           
20, 30, 40, 50, 60, 70, 80, 90.....  Yes.                               
10, 25, 40, 55, 70, 85.............  Yes.                               
10, 30, 50, 70, 90.................  No, though equally spaced and      
                                      entire range covered, a minimum of
                                      six points are needed.            
------------------------------------------------------------------------


[[Page 34615]]


    (5) Generate a calibration curve. The calibration curve must be of 
fourth order or less, have five or fewer coefficients, and be of the 
form of the following equation (1) or (2). Include zero as a data 
point. Compensation for known impurities in the zero gas can be made to 
the zero-data point. The calibration curve must fit the data points 
within two percent of point or one percent of full scale, whichever is 
less.
[GRAPHIC][TIFF OMITTED]TR03JY95.011

where:

y = concentration
x = chart deflection

    (6) Option. A new calibration curve need not be generated if:
    (i) A calibration curve conforming to paragraph (b)(5) of this 
section exists; or,
    (ii) The responses generated in paragraph (b)(4) of this section 
are within one percent of full scale or two percent of point, whichever 
is less, of the responses predicted by the calibration curve for the 
gases used in paragraph (b)(4) of this section.
    (7) If multiple range analyzers are used, the lowest range used 
must meet the curve fit requirements below 15 percent of full scale.
    (c) Linear calibration criteria. If any range is within two percent 
of being linear, a linear calibration may be used. To determine if this 
criterion is met:
    (1) Perform a linear least-square regression on the data generated. 
Use an equation of the form y=mx, where x is the actual chart 
deflection and y is the concentration.
    (2) Use the equation z=y/m to find the linear chart deflection 
(designated as z) for each calibration gas concentration (designated as 
y).
    (3) Determine the linearity (designated as percent L) for each 
calibration gas by:
[GRAPHIC][TIFF OMITTED]TR03JY95.012

    (4) The linearity criterion is met if the %L is less than 
 two percent for each data point generated. For each 
emission test, use a calibration curve of the form Y=mx. The slope 
(designated as m) is defined for each range by the spanning process.


Sec. 90.322  Calibration of other equipment.

    Calibrate other test equipment used for testing as often as 
required by the test equipment manufacturer or as necessary according 
to good engineering practice.


Sec. 90.323  Analyzer bench checks.

    (a) Prior to initial use and after major repairs, verify that each 
analyzer complies with the specifications given in Table 2 in Appendix 
A of this subpart.
    (b) If a stainless steel NO2 to NO converter is used, 
condition all new or replacement converters. The conditioning consists 
of either purging the converter with air for a minimum of four hours or 
until the converter efficiency is greater than 90 percent. The 
converter must be at operational temperature while purging. Do not use 
this procedure prior to checking converter efficiency on in-use 
converters.


Sec. 90.324  Analyzer leakage check.

    (a) Vacuum side leak check. (1) Check any location within the 
analysis system where a vacuum leak could affect the test results.
    (2) The maximum allowable leakage rate on the vacuum side is 0.5 
percent of the in-use flow rate for the portion of the system being 
checked. The analyzer flows and bypass flows may be used to estimate 
the in-use flow rates.
    (3) The sample probe and the connection between the sample probe 
and valve V2, see Figure 2 in Appendix B of this subpart, may be 
excluded from the leak check.
    (b) Pressure side leak check. The maximum allowable leakage rate on 
the pressure side is five percent of the in-use flow rate.


Sec. 90.325  Analyzer interference checks.

    (a) Gases present in the exhaust other than the one being analyzed 
can interfere with the reading in several ways. Positive interference 
occurs in NDIR and PMD instruments when the interfering gas gives the 
same effect as the gas being measured, but to a lesser degree. Negative 
interference occurs in NDIR instruments by the interfering gas 
broadening the absorption band of the measured gas, and in CLD 
instruments by the interfering gas quenching the radiation. The 
interference checks described in this section are to be made initially 
and after any major repairs that could affect analyzer performance.
    (b) CO analyzer water and CO2 interference checks. Bubble 
through water at room temperature a CO2 span gas having a 
concentration of between 80 percent and 100 percent inclusive of full 
scale of the maximum operating range used during testing and record the 
analyzer response. For dry measurements, this mixture may be introduced 
into the sample system prior to the water trap. The analyzer response 
must not be more than one percent of full scale for ranges equal to or 
above 300 ppm or more than three ppm for ranges below 300 ppm.
    (c) NOX analyzer quench check. The two gases of concern for 
CLD (and HCLD) analyzers are CO2 and water vapor. Quench responses 
to these two gases are proportional to their concentrations and, 
therefore, require test techniques to determine quench at the highest 
expected concentrations experienced during testing.
    (1) NOX analyzer CO2 quench check. (i) Pass a CO2 
span gas having a concentration of 80 percent to 100 percent of full 
scale of the maximum operating range used during testing through the 
CO2 NDIR analyzer and record the value ``a.''
    (ii) Dilute the CO2 span gas approximately 50 percent with NO 
span gas and pass through the CO2 NDIR and CLD (or HCLD). Record 
the CO2 and NO values as ``b'' and ``c'' respectively.
    (iii) Shut off the CO2 and pass only the NO span gas through 
the CLD (or HCLD). Record the NO value as ``d.''
    (iv) Calculate the percent CO2 quench as follows, not to 
exceed three percent:
[GRAPHIC][TIFF OMITTED]TR03JY95.013


[[Page 34616]]

Where:

a=Undiluted CO2 concentration (percent)
b=Diluted CO2 concentration (percent)
c=Diluted NO concentration (ppm)
d=Undiluted NO concentration (ppm)

    (2) NOX analyzer water quench check. (i) This check applies to 
wet measurements only. An NO span gas having a concentration of 80 
percent to 100 percent of full scale of a normal operating range is 
passed through the CLD (or HCLD) and the response recorded as ``D''. 
The NO span gas is then bubbled through water at room temperature and 
passed through the CLD (or HCLD) and the analyzer's response recorded 
as AR. Determine and record the analyzer's absolute operating pressure 
and the bubbler water temperature. (It is important that the NO span 
gas contains minimal NO2 concentration for this check. No 
allowance for absorption of NO2 in water has been made in the 
following quench calculations.)
    (ii) Calculations for water quench must consider dilution of the NO 
span gas with water vapor and scaling of the water vapor concentration 
of the mixture to that expected during testing. Determine the mixture's 
saturated vapor pressure (designated as Pwb) that corresponds to the 
bubbler water temperature. Calculate the water concentration (``Z1'', 
percent) in the mixture by the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.014

where GP is the analyzer's standard operating pressure (pascals).
    (iii) Calculate the expected dilute NO span gas and water vapor 
mixture concentration (designated as D1) by the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.015

Sec. 90.326  Pre- and post-test analyzer calibration.

    Calibrate the range of each analyzer used during the engine exhaust 
emission test prior to and after each test in accordance with the 
following:
    (a) Make the calibration by using a zero gas and a span gas. The 
span gas value must be between 75 percent and 100 percent of full 
scale, inclusive, of the measuring range.
    (b) Use the same analyzer(s) flow rate and pressure as that used 
during exhaust emission test sampling.
    (c) Warm-up and stabilize the analyzer(s) before the calibration is 
made.
    (d) If necessary clean and/or replace filter elements before 
calibration is made.
    (e) Calibrate analyzer(s) as follows:
    (1) Zero the analyzer using the appropriate zero gas. Adjust 
analyzer zero if necessary. Zero reading should be stable.
    (2) Span the analyzer using the appropriate span gas for the range 
being calibrated. Adjust the analyzer to the calibration set point if 
necessary.
    (3) Re-check zero and span set points.
    (4) If the response of the zero gas or span gas differs more than 
one percent of full scale, then repeat paragraphs (e) (1) through (3) 
of this section.


Sec. 90.327  Sampling system requirements.

    (a) Sample component surface temperature. For sampling systems 
which use heated components, use engineering judgment to locate the 
coolest portion of each component (pump, sample line section, filters, 
and so forth) in the heated portion of the sampling system that has a 
separate source of power or heating element. Monitor the temperature at 
that location. If several components are within an oven, then only the 
surface temperature of the component with the largest thermal mass and 
the oven temperature need be measured.
    (b) If water is removed by condensation, monitor the sample gas 
temperature or sample dew point either within the water trap or 
downstream. It may not exceed 7 deg. C.


Sec. 90.328  Measurement equipment accuracy/calibration frequency 
table.

    (a) The accuracy of measurements must be such that the maximum 
tolerances shown in Table 2 in Appendix A of this subpart are not 
exceeded.
    (b) All equipment and analyzers must be calibrated according to the 
frequencies shown in Table 2 in Appendix A of this subpart.
    (c) Prior to initial use and after major repairs, bench check each 
analyzer (see Sec. 90.323).
    (d) Calibrate equipment as specified in Sec. 90.306 and 
Secs. 90.315 through 90.322.
    (e) At least monthly, or after any maintenance which could alter 
calibration, perform the following calibrations and checks.
    (1) Leak check the vacuum side of the system (see Sec. 90.324(a)).
    (2) Verify that the automatic data collection system (if used) 
meets the requirements found in Table 2 in Appendix A of this subpart.
    (3) Check the fuel flow measurement instrument to insure that the 
specifications in Table 2 in Appendix A of this subpart are met.
    (f) Verify that all NDIR analyzers meet the water rejection ratio 
and the CO2 rejection ratio as specified in Sec. 90.325.
    (g) Verify that the dynamometer test stand and power output 
instrumentation meet the specifications in Table 2 in Appendix A of 
this subpart.


Sec. 90.329  Catalyst thermal stress test.

    (a) Oven characteristics. The oven used for thermally stressing the 
test catalyst must be capable of maintaining a temperature of 500 deg. 
C  5 deg. C and 1000 deg. C  10 deg. C.
    (b) Evaluation gas composition. (1) A synthetic exhaust gas mixture 
is used for evaluating the effect of thermal stress on catalyst 
conversion efficiency.
    (2) The synthetic exhaust gas mixture must have the following 
composition:

------------------------------------------------------------------------
                                                                  Parts 
                     Constituent                        Volume     per  
                                                        percent  million
------------------------------------------------------------------------
Carbon Monoxide......................................       1    .......
Oxygen...............................................       1.3  .......
Carbon Dioxide.......................................       3.8  .......
Water Vapor..........................................      10    .......
Sulfer dioxide.......................................  ........       20
Oxides of nitrogen...................................  ........      280
Hydrogen.............................................  ........     3500
Hydrocarbon*.........................................  ........     4000

[[Page 34617]]
                                                                        
Nitrogen = Balance                                                      
------------------------------------------------------------------------
* Propylene/propane ratio = 2/1.                                        


Appendix A to Subpart D of Part 90--Tables

                   Table 1.--Symbols Used in Subpart D                  
------------------------------------------------------------------------
     Symbol                         Term                        Unit    
------------------------------------------------------------------------
CO                Carbon monoxide.........................              
CO2               Carbon dioxide..........................              
NO                Nitric oxide............................              
NO2               Nitrogen dioxide........................              
NOX               Oxides of nitrogen......................              
O2                Oxygen..................................              
conc              Concentration (ppm by volume)...........  ppm         
f                 Engine specific parameter considering                 
                   atmospheric conditions.                              
FFCB              Fuel specific factor for the carbon                   
                   balance calculation.                                 
FFD               Fuel specific factor for exhaust flow                 
                   calculation on dry basis.                            
FFH               Fuel specific factor representing the                 
                   hydrogen to carbon ratio.                            
FFW               Fuel specific factor for exhaust flow                 
                   calculation on wet basis.                            
GAIRW             Intake air mass flow rate on wet basis..  kg/h        
GAIRD             Intake air mass flow rate on dry basis..  kg/h        
GEXHW             Exhaust gas mass flow rate on wet basis.  kg/h        
GFuel             Fuel mass flow rate.....................  kg/h        
H                 Absolute humidity (water content related  gr/kg       
                   to dry air).                                         
i                 Subscript denoting an individual mode...              
KH                Humidity correction factor..............              
L                 Percent torque related to maximum torque  percent     
                   for the test mode.                                   
mass              Pollutant mass flow.....................  g/h         
nd,i              Engine speed (average at the i'th mode    1/min       
                   during the cycle).                                   
Ps                Dry atmospheric pressure................  kPa         
Pd                Test ambient saturation vapor pressure    kPa         
                   at ambient temperature.                              
P                 Gross power output uncorrected..........  kW          
PAUX              Declared total power absorbed by          kW          
                   auxiliaries fitted for the test.                     
PM                Maximum power measured at the test speed  kW          
                   under test conditions.                               
Pi                Pi = PM,i + PAUX, i.....................              
PB                Total barometric pressure (average of     kPa         
                   the pre-test and post-test values).                  
Ra                Relative humidity of the ambient air....  percent     
T                 Absolute temperature at air inlet.......  C           
Tbe               Air temperature after the charge air      C           
                   cooler (if applicable) (average).                    
Tclout            Coolant temperature outlet (average)....  C           
TDd               Absolute dew point temperature..........  C           
Td,i              Torque (average at the i'th mode during   N-m         
                   the cycle).                                          
TSC               Temperature of the intercooled air......  C           
Tref.             Reference temperature...................  C           
VEXHD             Exhaust gas volume flow rate on dry       m3/h        
                   basis.                                               
VAIRW             Intake air volume flow rate on wet basis  m3/h        
PB                Total barometric pressure...............  kPa         
VEXHW             Exhaust gas volume flow rate on wet       m3/h        
                   basis.                                               
WF                Weighing factor.........................              
WFE               Effective weighing factor...............              
------------------------------------------------------------------------


                            Table 2.--Measurement Calibration Accuracy and Frequency                            
----------------------------------------------------------------------------------------------------------------
                                    Permissible deviation from reading                                          
                                                     *                                                          
     No.              Item         ------------------------------------           Calibration frequency         
                                          Non-idle            Idle                                              
----------------------------------------------------------------------------------------------------------------
1...........  Engine speed........   2 %....  Same........  Monthly or within one month prior to the
                                                                         certification test.                    
2...........  Torque..............   2 %....  ............  Monthly or within one month prior to the
                                                                         certification test.                    
3...........  Fuel consumption....   2 %....    Monthly or within one month prior to the
                                                           5%.           certification test.                    
4...........  Air consumption.....   2 %....    As required.                            
                                                           5%.                                                  
5...........  Coolant temperature.   2 deg.   Same........  As required.                            
                                     C.                                                                         
6...........  Lubricant              2 deg.   Same........  As required.                            
               temperature.          C.                                                                         
7...........  Exhaust back           5 %....  Same........  As required.                            
               pressure.                                                                                        
8...........  Inlet depression....   5 %....  Same........  As required.                            
9...........  Exhaust gas            15 deg.  Same........  As required.                            
               temperature.          C.                                                                         
10..........  Air inlet              2 deg.   Same........  As required.                            
               temperature           C.                                                                         
               (combustion air).                                                                                
11..........  Atmospheric pressure   0.5 %..  Same........  As required.                            

[[Page 34618]]
                                                                                                                
12..........  Humidity (combustion   3.0 %..  Same........  As required.                            
               air) (relative).                                                                                 
13..........  Fuel temperature....   2 deg.   Same........  As required.                            
                                     C.                                                                         
14..........  Temperature with       2 deg.   Same........  As required.                            
               regard to dilution    C.                                                                         
               system.                                                                                          
15..........  Dilution air           3 %      Same........  As required.                            
               humidity.             absolute.                                                                  
16..........  HC analyzer.........   2 %**..  Same........  Monthly or within one month prior to the
                                                                         certification test.                    
17..........  CO analyzer.........   2 % **.  Same........  Monthly or within one month prior to the
                                                                         certification test.                    
18..........  NOX analyzer........   2 % **.  Same........  Monthly or within one month prior to the
                                                                         certification test.                    
19..........  NOX converter check.  90 %................  Same........  Monthly or within one month prior to the
                                                                         certification test.                    
20..........  CO2 analyzer........   2 % **.  Same........  Monthly or within one month prior to the
                                                                         certification test.                    
----------------------------------------------------------------------------------------------------------------
* All accuracy requirements pertain to the final recorded value which is inclusive of the data acquisition      
  system.                                                                                                       
** If reading is under 100 ppm then the accuracy shall be  2 ppm.                                   



                                       Table 3.--Test Fuel Specifications                                       
----------------------------------------------------------------------------------------------------------------
                                                                                                     Procedure  
                           Item                                 Property           Tolerances         (ASTM) 1  
----------------------------------------------------------------------------------------------------------------
Sulfur, ppm max..........................................  339...............  ..................  D 2622-92    
Benzene, max. %..........................................  1.5...............  ..................  D 3606-92    
RVP, psi.................................................  8.7...............  0.2...  D 5191-93a   
Octane, R+M/2............................................  87.3..............  0.5...  D 2699-92    
                                                                                                   D 2700-92    
IBP,  deg. C.............................................  32.8..............  11.0..  D 86-93      
10 % point,  deg. C......................................  53.3..............  5.5...  D 86-93      
50 % point,  deg. C......................................  103.3.............  5.5...  D 86-93      
90 % point,  deg. C......................................  165.6.............  5.5...  D 86-93      
End Point, max.  deg. C..................................  212.8.............  ..................  D 86-93      
Phosphorus, g/liter, max.................................  0.02..............  ..................  D 3231-89    
Lead, g/liter, max.......................................  0.02..............  ..................  .............
Manganese, g/liter, max..................................  0.004.............  ..................  .............
Aromatics, %.............................................  32.0..............  4.0...  D 1319-89    
Olefins, %...............................................  9.2...............  4.0...  D 1319-89    
Saturates, %.............................................  Remainder.........  ..................  D 1319-89    
----------------------------------------------------------------------------------------------------------------
1 All ASTM procedures in this table have been incorporated by reference. See Sec.  90.7.                        

Appendix B to Subpart D--Figures

BILLING CODE 6560-50-P

[[Page 34619]]
[GRAPHIC][TIFF OMITTED]TR03JY95.000



[[Page 34620]]
[GRAPHIC][TIFF OMITTED]TR03JY95.001



BILLING CODE 6560-50-C

[[Page 34621]]


Subpart E--Gaseous Exhaust Test Procedures


Sec. 90.401  Applicability.

    (a) This subpart describes the procedures to follow in order to 
perform exhaust emission tests on new nonroad spark-ignition engines 
and vehicles subject to the provisions of subpart A of part 90. 
Provisions specific to raw gas sampling are in Sec. 90.414 through 
Sec. 90.419, provisions specific to constant volume sampling are in 
Sec. 90.420 through Sec. 90.426. All other sections in this subpart 
apply to both raw gas sampling and constant volume sampling except 
where indicated otherwise.
    (b) Requirements for emission test equipment and calibrating this 
equipment are found in subpart D of this part.


Sec. 90.402  Definitions.

    The definitions in Sec. 90.3, Sec. 90.101, and Sec. 90.302 apply to 
this subpart.


Sec. 90.403  Symbols, acronyms, and abbreviations.

    (a) The acronyms and abbreviations in Sec. 90.5 apply to this 
subpart.
    (b) The symbols in Table 1 in Appendix A to Subpart D apply to this 
subpart.


Sec. 90.404  Test procedure overview.

    (a) The test consists of prescribed sequences of engine operating 
conditions to be conducted on an engine dynamometer or equivalent load 
and speed measurement device. The exhaust gases generated during engine 
operation are sampled either raw or dilute and specific components are 
analyzed through the analytical system.
    (b) The test is designed to determine the brake-specific emissions 
of hydrocarbons, carbon monoxide, carbon dioxide, and oxides of 
nitrogen and fuel consumption. The test consists of three different 
test cycles which are application specific for engines which span the 
typical operating range of nonroad spark-ignition engines. Two cycles 
exist for Class I and II engines and one is for Class III, IV, and V 
engines (see Sec. 90.103(a) and Sec. 90.116(b) for the definitions of 
Class I--V engines). The test cycles for Class I and II engines consist 
of one idle mode and five power modes at one speed (rated or 
intermediate). The test cycle for Class III, IV, and V engines consists 
of one idle mode at idle speed and one power mode at rated speed. These 
procedures require the determination of the concentration of each 
pollutant, fuel flow, and the power output during each mode. The 
measured values are weighted and used to calculate the grams of each 
pollutant emitted per brake kilowatt hour (g/kW-hr).
    (c)(1) When an engine is tested for exhaust emissions the complete 
engine must be tested, with all emission control devices installed and 
functioning.
    (2) On air cooled engines, the cooling fan must be installed. For 
engines whose cooling fan serves a dual purpose, such as an air pump/
blower, an external fan may be used to provide the engine with cooling 
air and the original cooling fan may be removed.
    (d) All emission control systems installed on or incorporated in 
the application must be functioning during all procedures in this 
subpart. In case of component malfunction or failure, no maintenance is 
allowed without prior approval from the Administrator, in accordance 
with Sec. 90.119.


Sec. 90.405  Recorded information.

    (a) Record the information described in this section for each test, 
where applicable.
    (b) Test data; general. (1) Engine identification number.
    (2) Engine emission control system.
    (3) Test operator(s).
    (4) Number of hours of operation accumulated on the engine prior to 
beginning the warm-up portion of the test (to the nearest tenth hour).
    (5) Fuel identification.
    (6) For 2-stroke engines, fuel/oil mixture ratio.
    (7) Date of most recent analyzer bench calibration.
    (8) All pertinent instrument information such as tuning, gain, 
serial numbers, detector number, and calibration curve(s). As long as 
this information is traceable, it may be summarized by system number or 
analyzer identification numbers.
    (c) Test data; pre-test. (1) Date and time of day.
    (2) Test number.
    (3) Barometric pressure; as an option, barometric pressure can be 
measured as a modal measurement instead of or in addition to a pre- and 
post-test measurement.
    (4) Recorder chart or equivalent. Identify for each test segment 
zero traces for each range used, and span traces for each range used.
    (d) Test data; modal. (1) Recorder chart or equivalent. Identify 
for each test mode the emission concentration traces and the associated 
analyzer range(s).
    (2) Observed engine torque.
    (3) Observed engine rpm.
    (4) Intake air flow if applicable.
    (5) Test cell temperature and humidity for each mode.
    (6) For raw gas testing; fuel flow for each mode. Fuel flow 
measurement is not required for dilute testing, but is allowed. If the 
fuel flow measurement is a volume measurement system, record the fuel 
temperature in the measurement system for fuel density corrections to 
the mass flow rate. If the fuel temperature is within 3 deg. C of the 
calibration temperature, no density correction is required.
    (7) Engine intake temperature and humidity, if applicable.
    (8) Exhaust mixing chamber surface temperature, if applicable.
    (9) Exhaust sample line temperature, if applicable.
    (10) Engine fuel inlet pressure.
    (e) Test data; post-test. (1) Recorder chart or equivalent. 
Identify the hang-up check.
    (2) Recorder chart or equivalent. Identify the zero traces for each 
range used and the span traces for each range used.
    (3) Total number of hours of operation accumulated on the engine 
(to the nearest tenth hour).
    (4) Barometric pressure, post-test segment.


Sec. 90.406  Engine parameters to be measured and recorded.

    Measure or calculate, then record the engine parameters in Table 1 
in Appendix A of this subpart.


Sec. 90.407  Engine inlet and exhaust systems.

    (a) The engine manufacturer is liable for exhaust emission 
compliance over the full range of air inlet filter systems and exhaust 
muffler systems.
    (b) The air inlet filter system and exhaust muffler system 
combination used on the test engine must be the systems expected to 
yield the highest emission levels.


Sec. 90.408  Pre-test procedures.

    (a) Engine service accumulation and stabilization procedure. Use 
the service accumulation procedure determined by the manufacturer for 
exhaust emission stabilizing of an engine, consistent with good 
engineering practice (see Sec. 90.118).
    (1) The manufacturer determines, for each engine family, the number 
of hours at which the engine exhaust emission control system 
combination is stabilized for emission testing. However, this 
stabilization procedure may not exceed 12 hours. The manufacturer must 
maintain, and provide to the Administrator upon request, a record of 
the rationale used in making this determination. If the manufactuer can 
document that at some time prior to the full 12 hour service 
accumulation period the engine emissions are decreasing for the 
remainder of the 12 

[[Page 34622]]
hours, the service accumulation may be completed at that time. The 
manufacturer may elect to accumulate 12 hours on each test engine 
within an engine family without making this determination.
    (2) During service accumulation, the fuel and lubricants specified 
in Sec. 90.308 must be used.
    (3) Engine maintenance during service accumulation is allowed only 
in accordance with Sec. 90.118.
    (b) Engine pre-test preparation. (1) Drain and charge the fuel 
tank(s) with the specified test fuel (see Sec. 90.308(b)) to 50 percent 
of the tank's nominal capacity. If an external fuel tank is used, the 
engine fuel inlet system pressure must be typical of what the engine 
will see in use.
    (2) Operate the engine on the dynamometer measuring the fuel 
consumption (fuel consumption required only for raw gas sampling 
method) and torque before and after the emission sampling equipment is 
installed, including the sample probe, using the modes specified in the 
following table.

------------------------------------------------------------------------
                                                               Operating
                   Engine class                    Test cycle     mode  
------------------------------------------------------------------------
I, II............................................  A                  6 
I, II............................................  B                  1 
III, IV, V.......................................  C                  1 
------------------------------------------------------------------------

    These modes are from Table 2 in Appendix A of this subpart. The 
emission sampling equipment may not significantly affect the 
operational characteristics of the engine (typically the results should 
agree within five percent).
    (c) Analyzer pre-test procedures. (1) If necessary, warm up and 
stabilize the analyzer(s) before calibrations are performed.
    (2) Replace or clean the filter elements and then leak check the 
system as required by Sec. 90.324(a). If necessary, allow the heated 
sample line, filters, and pumps to reach operating temperature.
    (3) Perform the following system checks:
    (i) If necessary, check the sample-line temperature. Heated FID 
sample line temperature must be maintained between 110 deg. C and 
230 deg. C; a heated NOX sample line temperature must be 
maintained between 60 deg. C and 230 deg. C.
    (ii) Check that the system response time has been accounted for 
prior to sample collection data recording.
    (iii) A HC hang-up check is permitted (see Sec. 90.413(e)).
    (4) Check analyzer zero and span before and after each test at a 
minimum. Further, check analyzer zero and span any time a range change 
is made or at the maximum demonstrated time span for stability for each 
analyzer used.
    (d) Check system flow rates and pressures and reset, if necessary.


Sec. 90.409  Engine dynamometer test run.

    (a) Engine and dynamometer start-up. (1) Only adjustments in 
accordance with Sec. 90.119 may be made to the test engine prior to 
starting a test.
    (2) If necessary, warm up the dynamometer as recommended by the 
dynamometer manufacturer or use good engineering practice.
    (3) At the manufacturer's option, the engine can be run with the 
throttle in a fixed position or by using the engine's governor (if the 
engine is manufactured with a governor). In either case, the engine 
speed and load must meet the requirements specified in paragraph 
(b)(12) of this section.
    (b) Each test consists of the following steps.
    (1) Record the general test data as specified in Sec. 90.405(b).
    (2) Precondition the engine in the following manner;
    (i) Operate the engine at a power greater than or equal to 50 
percent maximum power at the appropriate speed (rated or intermediate) 
for 20 minutes;
    (ii) Option. If the engine has been operating on service 
accumulation for a minimum of 40 minutes, the service accumulation may 
be substituted for step (i).
    (3) Record all pre-test data specified in Sec. 90.405(c).
    (4) Start the test cycle (see Sec. 90.410) within five minutes of 
the completion of the steps required by paragraph (b)(2) of this 
section.
    (5) Modes are to be performed in the numerical order specified for 
the appropriate test cycle (see ``Mode Points'' Table 2 in Appendix A 
of this subpart).
    (6) For Class I and II engines, during the maximum torque mode 
calculate the torque corresponding to 75, 50, 25, and 10 percent of the 
maximum observed torque (see Table 2 in Appendix A to this subpart).
    (7) Once engine speed and load are set for a mode, run the engine 
for a sufficient period of time to achieve thermal stability. At the 
manufacturer's option, determine and document the appropriate criterion 
for thermal stability for each engine family. If the manufacture 
chooses not to make this determination, an acceptable alternative is to 
run the engine at each mode until the cylinder head temperature remains 
within a 10 deg.C bandwidth for three minutes. Cylinder head 
temperature may be measured at the base of the spark plug. After 
stability is achieved, emission measurements are initiated.
    (8) Record all modal data specified in Sec. 90.405(d) for a minimum 
time period of the last two minutes of each mode. Longer averaging 
periods are acceptable, but the data averaged must be from a continuous 
time period. The duration of time during which this data is recorded is 
referred to as the ``sampling period.'' The data collected during the 
sampling period is used for modal emission calculations.
    (9) Continuously record the analyzer's response to the exhaust gas 
during each mode.
    (10) Modes may be repeated.
    (11) If a delay of more than one hour occurs between the end of one 
mode and the beginning of another mode, the test is void and must be 
restarted at paragraph (b)(1) of this section.
    (12) The engine speed and load must be maintained within the 
requirements of Sec. 90.410 during the sampling period of each mode. If 
this requirement is not met, the mode is void and must be restarted.
    (13) If at any time during a mode the test equipment malfunctions 
or the specifications in Sec. 90.410 can not be met, the test is void 
and must be aborted. Corrective action should be taken and the test 
restarted.
    (14) If at any time during an operating mode the engine stalls, 
restart the engine immediately and continue the test starting with the 
steps required by paragraph (b)(6) of this section. If the engine will 
not restart within five minutes the test is void. If maintenance is 
required on the engine, advance approval from the Administrator is 
required as specified in Sec. 90.119. After corrective action is taken, 
the engine may be rescheduled for testing. Report the reason for the 
malfunction (if determined) and the corrective action taken.
    (15) Fuel flow and air flow during the idle condition may be 
determined just prior to or immediately following the dynamometer 
sequence, if longer times are required for accurate measurements. If 
the dilute sampling method (Constant Volume Sampling) is used, neither 
fuel flow nor air flow measurements are required.
    (c) Exhaust gas measurements. (1) Measure HC, CO, CO2, and 
NOX concentration in the exhaust sample.
    (2) Each analyzer range that may be used during a test mode must 
have the zero and span responses recorded prior to the start of the 
test. Only the range(s) used to measure the emissions during the test 
is required to have its zero and 

[[Page 34623]]
span recorded after the completion of the test. Depending on the 
stability of each individual analyzer, more frequent zero checks or 
spans between modes may be necessary.
    (3) It is permitted to change filter elements between modes.
    (4) A leak check is permitted between modes.
    (5) A hang-up check is permitted between modes (see Sec. 90.413).
    (6) If, during the emission measurement portion of a mode, the 
value of the gauges downstream of the NDIR analyzer(s) G3 or G4 (see 
Figure 2 in Appendix B of Subpart D), differs by more than 
0.5kPa from the pretest value, the test mode is void.


Sec. 90.410  Engine test cycle.

    (a) Follow the appropriate 6-mode test cycle for Class I and II 
engines and 2-mode test cycle for Class III, IV, and V engines when 
testing spark-ignition engines (see Table 2 in Appendix A of this 
subpart).
    (b) During each non-idle mode, hold both the specified speed and 
load within  five percent of point. During the idle mode, 
hold speed within  ten percent of the manufacturer's 
specified idle engine speed.
    (c) If the operating conditions specified in paragraph (b) of this 
section for Class I and II engines using Mode Points 2, 3, 4, and 5 
cannot be maintained, the Administrator may authorize deviations from 
the specified load conditions. Such deviations may not exceed 10 
percent of the maximum torque at the test speed. The minimum 
deviations, above and below the specified load, necessary for stable 
operation shall be determined by the manufacturer and approved by the 
Administrator prior to the test run.
    (d) Do not include power generated during the idle mode, Mode 11, 
in the calculation of emission results.


Sec. 90.411  Post-test analyzer procedures.

    (a) Perform a HC hang-up check within 60 seconds of the completion 
of the last mode in the test. Use the following procedure:
    (1) Introduce a zero gas or room air into the sample probe or valve 
V2 (see Figure 2 in Appendix B of Subpart D) to check the ``hangup 
zero'' response. Simultaneously start a time measurement.
    (2) Select the lowest HC range used during the test.
    (3) Within four minutes of beginning the time measurement in 
paragraph (a)(1) of this section, the difference between the zero gas 
response and the hang-up zero response may not be greater than 5.0 
percent of full scale or 10 ppmC, whichever is greater.
    (b) Begin the analyzer span checks within six minutes after the 
completion of the last mode in the test. Record for each analyzer the 
zero and span response for each range used during the preceding test or 
test segment.
    (c) If during the test, the filter element(s) were replaced or 
cleaned, a vacuum check must be performed per Sec. 90.324(a) 
immediately after the span checks. If the vacuum side leak check does 
not meet the requirements of Sec. 90.324(a), the test is void.
    (d) Read and record the post-test data specified in Sec. 90.405(e).
    (e) For a valid test, the analyzer drift between the before-segment 
and after-segment span checks for each analyzer must meet the following 
requirements:
    (1) The span drift (defined as the change in the difference between 
the zero response and the span response) may not exceed two percent of 
full-scale chart deflection for each range used.
    (2) The zero response drift may not exceed two percent of full-
scale chart deflection for each range used above 155 ppm (or ppm C), or 
three percent of full-scale chart deflection for each range below 155 
ppm (or ppm C).


Sec. 90.412  Data logging.

    (a) A computer or any other automatic data collection (ADC) 
device(s) may be used as long as the system meets the requirements of 
this subpart.
    (b) Determine from the data collection records the analyzer 
responses corresponding to the end of each mode.
    (c) Record data at a minimum of rate of one Hz (one time per 
second).
    (d) Determine the final value for power by averaging the 
individually calculated power points for each value of speed and torque 
recorded during the sampling period. As an alternative, the final value 
for power can be calculated from the average values for speed and 
torque, collected during the sampling period.
    (e) Determine the final value for CO2, CO, HC, and NOX 
concentrations by averaging the concentration of each point taken 
during the sample period for each mode.


Sec. 90.413  Exhaust sample procedure--gaseous components.

    (a) Automatic data collection equipment requirements. The analyzer 
response may be read by automatic data collection (ADC) equipment such 
as computers, data loggers, and so forth. If ADC equipment is used, the 
following is required:
    (1) For dilute grab (``bag'') sample analysis, the analyzer 
response must be stable at greater than 99 percent of the final reading 
for the dilute exhaust sample. The ADC must store a single value 
representing the average chart deflection over a 10-second stabilized 
period. Alternatively, the ADC may store the individual instantaneous 
chart deflections collected over a 10-second stabilized period.
    (2) For continuous analysis systems, the ADC must store a single 
value representing the average integrated concentration over a 
measurement period. Alternatively, the ADC may store the individual 
instantaneous values collected during the measurement period.
    (3) The chart deflections or average integrated concentrations 
required in paragraphs (a)(1) and (a)(2) of this section may be stored 
on long-term computer storage devices such as computer tapes, storage 
discs, punch cards, or they may be printed in a listing for storage. In 
either case a chart recorder is not required and records from a chart 
recorder, if they exist, need not be stored.
    (4) If ADC equipment is used to interpret analyzer values, the ADC 
equipment is subject to the calibration specifications of the analyzer 
as if the ADC equipment is part of analyzer system.
    (b) Data records from any one or a combination of analyzers may be 
stored as chart recorder records.
    (c) Grab sample analysis. For dilute grab sample analysis perform 
the following procedure:
    (1) Calibrate analyzers using the procedure described in 
Sec. 90.326.
    (2) Record the most recent zero and span response as the pre-
analysis values.
    (3) Measure and record HC, CO, CO2, and NOX 
concentrations in the exhaust sample bag(s) and background sample 
bag(s) using the same flow rates and pressures.
    (4) Good engineering practice dictates that exhaust emission sample 
bag analyzer readings below 15 percent of full scale should generally 
not be used.
    (5) A post-analysis zero and span calibration check of each range 
must be performed and the values recorded. The number of events that 
may occur between the pre- and post-checks is not specified. However, 
the difference between pre-analysis zero and span values (recorded in 
paragraph (c)(2) or (c)(3) of this section) versus those recorded for 
the post-analysis check may not exceed the zero drift limit or the span 
drift limit of two percent of full-scale chart deflection for any range 
used. Otherwise the analysis is void.
    (d) Continuous sample analysis. For continuous sample analysis 
perform the following procedure: 

[[Page 34624]]

    (1) Calibrate analyzers using the procedure described in 
Sec. 90.326.
    (2) Leak check portions of the sampling system that operate at 
negative gauge pressures when sampling and allow heated sample lines, 
filters, pumps, and so forth to stabilize at operating temperature.
    (3) Option: Determine the HC hang-up for the FID or HFID sampling 
system:
    (i) Zero the analyzer using zero gas introduced at the analyzer 
port.
    (ii) Flow zero gas through the overflow sampling system. Check the 
analyzer response.
    (iii) If the overflow zero response exceeds the analyzer zero 
response by two percent or more of the FID or HFID full-scale 
deflection, hang-up is indicated and corrective action must be taken 
(see paragraph (e) of this section).
    (iv) The complete system hang-up check specified in paragraph (e) 
of this section is recommended as a periodic check.
    (4) If necessary, recalibrate analyzer using the procedure 
specified in paragraph (d)(1) of this section.
    (5) Good engineering practice dictates that analyzers used for 
continuous analysis should be operated such that the measured 
concentration falls between 15 percent and 100 percent of full scale.
    (6) Record the most recent zero and span response as the pre-
analysis values.
    (7) Collect background HC, CO, CO2, and NOX in a sample 
bag (for dilute exhaust sampling only, see Sec. 90.422).
    (8) Perform a post-analysis zero and span check for each range used 
at the conditions specified in paragraph (d)(1) of this section. Record 
these responses as the post-analysis values.
    (9) Neither the zero drift nor the span drift between the pre-
analysis and post-analysis checks on any range used may exceed three 
percent for HC, or two percent for NOX, CO, and CO2, of full-
scale chart deflection, or the test is void. (If the HC drift is 
greater than three percent of full-scale chart deflection, HC hang-up 
is likely.)
    (10) Determine background levels of HC, NOX, CO, or CO2 
(for dilute exhaust sampling only) by the grab (``bag'') technique 
outlined in paragraph (c) of this section.
    (e) Hydrocarbon hang-up. If HC hang-up is indicated, the following 
procedure may be performed:
    (1) Fill a clean, evacuated sample bag with background air.
    (2) Zero and span the HFID at the analyzer ports.
    (3) Analyze the background air sample bag through the analyzer 
ports.
    (4) Analyze the background air through the entire sample probe 
system.
    (5) If the difference between the readings obtained is two ppm or 
more, clean the sample probe and the sample line.
    (6) Reassemble the sample system, heat to specified temperature, 
and repeat the procedure in paragraphs (e)(1) through (e)(5) of this 
section.


Sec. 90.414  Raw gaseous exhaust sampling and analytical system 
description.

    (a) Schematic drawing. An example of a sampling and analytical 
system which may be used for testing under this subpart is shown in 
Figure 2 in Appendix B of Subpart D. All components or parts of 
components that are wetted by the sample or corrosive calibration gases 
must be either chemically cleaned stainless steel or inert material 
(e.g., polytetrafluoroethylene resin). The use of ``gauge savers'' or 
``protectors'' with nonreactive diaphragms to reduce dead volumes is 
permitted.
    (b) Sample probe. (1) The sample probe must be a straight, closed 
end, stainless steel, multi-hole probe. The inside diameter may not be 
greater than the inside diameter of the sample line +0.03 cm. The wall 
thickness of the probe may not be greater than 0.10 cm. The fitting 
that attaches the probe to the exhaust pipe must be as small as 
practical in order to minimize heat loss from the probe.
    (2) The probe must have a minimum of three holes. The spacing of 
the radial planes for each hole in the probe must be such that they 
cover approximately equal cross-sectional areas of the exhaust duct. 
See Figure 2 in Appendix B of Subpart D. The angular spacing of the 
holes must be approximately equal. The angular spacing of any two holes 
in one plane may not be 180 deg.  20 deg. (i.e., section 
view C-C of Figure 2 in Appendix B of Subpart D). The holes should be 
sized such that each has approximately the same flow. If only three 
holes are used, they may not all be in the same radial plane.
    (3) The exhaust gas probe must be located in a position which 
yields a well mixed, homogenous sample of the engine exhaust. The probe 
must extend radially across the exhaust gas stream. The probe must pass 
through the approximate center and must extend across at least 80 
percent of the exhaust gas stream. The exact position of the probe may 
vary from engine family to engine family.
    (c) Mixing chamber. The exhaust mixing chamber is located in the 
exhaust system between the muffler and the sample probe. The mixing 
chamber is an optional component of the raw gas sampling equipment.
    (1) The internal volume of the mixing chamber may not be less than 
ten times the cylinder displacement of the engine under test. The shape 
of the mixing chamber must be such that it provides a well mixed, 
homogenous sample at the sample probe location.
    (2) Couple the mixing chamber as closely as possible to the engine 
muffler.
    (3) Maintain the inner surface of the mixing chamber at a minimum 
temperature of 179 deg. C.
    (4) Thermocouple temperature monitoring of the mixing chamber inner 
surface is required to assure wall temperatures specified in paragraph 
(c)(3) of this section. The temperature measurement must be accurate to 
within  5 deg. C.
    (5) The sample probe must extend radially across the exit of the 
mixing chamber. The probe must pass through the approximate center and 
must extend across at least 80 percent of the diameter of the exit. The 
exact position of the probe may vary from engine family to engine 
family. The probe must be located in a position which yields a well 
mixed, homogenous sample of the exhaust.
    (d) Sample transfer line. (1) The maximum inside diameter of the 
sample line may not exceed 1.32 cm.
    (2) If valve V2 in Figure 1 of Appendix B of this subpart is used, 
the sample probe must connect directly to valve V2. The location of 
optional valve V2 in Figure 1 of Appendix B of Subpart D may not be 
greater than 1.22 m from the exhaust duct.
    (3) The location of optional valve V16, Figure 1 of Appendix B of 
this subpart, may not be greater than 61 cm from the sample pump. The 
leakage rate for this section on the pressure side of the sample pump 
may not exceed the leakage rate specification for the vacuum side of 
the pump.
    (e) Venting. All vents, including analyzer vents, bypass flow, and 
pressure relief vents, of regulators should be vented in such a manner 
as to avoid endangering personnel in the immediate area.
    (f) Any variation from the specifications in this subpart, 
including performance specifications and emission detection methods, 
may be used only with prior approval by the Administrator.
    (g) Additional components, such as instruments, valves, solenoids, 
pumps, switches, and so forth, may be employed to provide additional 
information and coordinate the functions of the component systems.
    (h) The following requirements must be incorporated in each system 
used for raw testing under this subpart. 

[[Page 34625]]

    (1) Take the sample for all components with one sample probe and 
split it internally to the different analyzers.
    (2) Heat the sample transport system from the engine exhaust pipe 
to the HC analyzer for the raw gas sampling method as indicated in 
Figure 1 in Appendix B of this subpart. The NOX analyzer for the 
raw gas sampling method may be heated as indicated in Figure 1 in 
Appendix B of this subpart. The HC analyzer and the NOX analyzer 
for the dilute sampling method may be heated as indicated in Figure 1 
in Appendix B of this subpart.


Sec. 90.415  Raw gaseous sampling procedures.

    Fit all heated sampling lines with a heated filter to extract solid 
particles from the flow of gas required for analysis. The sample line 
for HC measurement must be heated. The sample line for CO, CO2 and 
NOX analysis may be heated or unheated.


Sec. 90.416  Intake air flow measurement specifications.

    (a) If used, the engine intake air flow measurement method used 
must have a range large enough to accurately measure the air flow over 
the engine operating range during the test. Overall measurement 
accuracy must be two percent of full-scale value of the measurement 
device for all modes except the idle mode. For the idle mode, the 
measurement accuracy must be  five percent or less of the 
full-scale value. The Administrator must be advised of the method used 
prior to testing.
    (b) When an engine system incorporates devices that affect the air 
flow measurement (such as air bleeds, air injection, pulsed air, and so 
forth) resulting in understated exhaust emission results, make 
corrections to the exhaust emission results to account for such 
effects.


Sec. 90.417  Fuel flow measurement specifications.

    (a) Fuel flow measurement is required only for raw testing. Fuel 
flow is allowed for dilute testing. If the measured fuel flow is used 
in the dilute calculations for brake-specific fuel consumption (see 
Sec. 90.426(e)), the fuel flow instrument must meet the requirements of 
this section.
    (b) The fuel flow measurement instrument must have a minimum 
accuracy of one percent of full-scale flow rate for each measurement 
range used. An exception is allowed for the idle mode. For this mode, 
the minimum accuracy is  five percent of full-scale flow 
rate for the measurement range used. The controlling parameters are the 
elapsed time measurement of the event and the weight or volume 
measurement.
Sec. 90.418  Data evaluation for gaseous emissions.

    For the evaluation of the gaseous emissions recording, record the 
last four minutes of each mode and determine the average values for HC, 
CO, CO2 and NOX during each mode from the average 
concentration readings determined from the corresponding calibration 
data. Longer averaging times are acceptable, but the sampling period 
which is reported must be a continuous set of data.


Sec. 90.419  Raw emission sampling calculations--gasoline fueled 
engines.

    (a) Derive the final weighted brake-specific mass emission rates 
(g/kW-hr) through the steps described in this section.
    (b) Air and fuel flow method. If both air and fuel flow mass rates 
are measured, use the following equations to determine the weighted 
emission values for the test engine:
[GRAPHIC][TIFF OMITTED]TR03JY95.016

Where:

WHC=Mass rate of HC in exhaust [g/hr],
GAIRD=Intake air mass flow rate on dry basis [g/hr],
GFUEL=Fuel mass flow rate [g/hr],
MHCexh=Molecular weight of hydrocarbons in the exhaust, see the 
following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.017

Where:

=Hydrogen/carbon atomic ratio of the fuel
=Oxygen/carbon atomic ratio of the fuel
Mexh=Molecular weight of the total exhaust, see the following 
equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.018


[[Page 34626]]

Where:

WHC=HC volume concentration in exhaust, ppmC wet
WCO=CO percent concentration in the exhaust, wet
DCO=CO percent concentration in the exhaust, dry
WCO2=CO2 percent concentration in the exhaust, wet
DCO2=CO2 percent concentration in the exhaust, dry
WNOX=NO volume concentration in exhaust, ppm wet
WO2=O2 percent concentration in the exhaust, wet
WH2=H2 percent concentration in exhaust, wet
K=correction factor to be used when converting dry measurements to a 
wet basis. Therefore, wet concentration=dry concentration  x  K,
where K is:
[GRAPHIC][TIFF OMITTED]TR03JY95.019

DH2=H2 percent concentration in exhaust, dry, calculated from 
the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.020

Wco=Mass rate of CO in exhaust, [g/hr]
Mco=Molecular weight of CO=28.01
WNOx=Mass rate of NOX in exhaust, [g/hr]
MNO2=Molecular weight of NO2=46.01
KH=Factor for correcting the effects of humidity on NO2 
formation for 4-stroke gasoline small engines, see the equation below :
[GRAPHIC][TIFF OMITTED]TR03JY95.021

Where:
H=absolute humidity of the intake air in grams of moisture per kilogram 
of dry air, see Sec. 90.426(f) for a method by which H can be 
calculated.

    For two-stroke gasoline engines, KH should be set to 1.
    (c) Fuel flow method. The following equations are to be used when 
fuel flow is selected as the basis for mass emission calculations using 
the raw gas method.
[GRAPHIC][TIFF OMITTED]TR03JY95.022

Where:
WHC=Mass rate of HC in exhaust, [g/hr]
MHC exh=Molecular weight of hydrocarbons in the exhaust, see 
following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.023

MC=Molecular weight of carbon=12.01 [g/mole]
MH=Molecular weight of hydrogen=1.008 [g/mole]
MO=Molecular weight of oxygen=16.00 [g/mole]
=Hydrogen to carbon ratio of the test fuel
=Oxygen to carbon ratio of the test fuel
MF=Molecular weight of test fuel
GFUEL=Fuel mass flow rate, [g/hr]
TC=Total carbon in exhaust, see following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.024

WCO=CO percent concentration in the exhaust, wet
WCO2=CO2 percent concentration in the exhaust, wet
DCO=CO percent concentration in the exhaust, dry
DCO2=CO2 percent concentration in the exhaust, dry
WHC=HC volume concentration in exhaust, ppmC wet
WNOX=NOX volume concentration in exhaust, ppm wet
K=correction factor to be used when converting dry measurements to a 
wet basis. Therefore, wet concentration=dry concentration x K, where K 
is:
[GRAPHIC][TIFF OMITTED]TR03JY95.025

DH2=H2 percent concentration in exhaust, dry, calculated from 
the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.026

WCO=Mass rate of CO in exhaust, [g/hr]
MCO=Molecular weight of CO=28.01
WNOX=Mass rate of NOX in exhaust, [g/hr]
MNO2=Molecular weight of NO2=46.01
KH=Factor for correcting the effects of humidity on NO2 
formation for 4-stroke gasoline small engines, see the following 
equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.027

Where:
H=specific humidity of the intake air in grams of moisture per kilogram 
of dry air.
For two-stroke gasoline engines, KH should be set to 1.
    (d) Calculate the final weighted brake-specific emission rate for 
each individual gas component using the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.028

Where:
AWM=Final weighted brake-specific mass emission rate (HC, CO, 
NOX) [g/kW-hr]
Wi=Mass emission rate during mode i [g/hr]
WFi=Weighting factors for each mode according to Sec. 90.410(a)
Pi=Gross average power generated during mode i [kW], calculated 
from the following equation,

[[Page 34627]]
[GRAPHIC][TIFF OMITTED]TR03JY95.029


Where:
speed=average engine speed measured during mode i [rev./minute]
torque=average engine torque measured during mode i [N-m] (e) Compute 
the final reported brake-specific fuel
[GRAPHIC][TIFF OMITTED]TR03JY95.030

consumption (BSFC) by use of the following formula:
Where:
BSFC=brake-specific fuel consumption in grams of fuel per kilowatt-hour 
(g/kW-hr).
GFUEL i=Fuel mass flow rate of the engine during mode i [g/hr]
WFi=Weighting factors for each mode according to Sec. 90.410(a)
Pi=Gross average power generated during mode i [kW].


Sec. 90.420  CVS concept of exhaust gas sampling system.

    (a) A dilute exhaust sampling system is designed to directly 
measure the true mass of emissions in engine exhaust without the 
necessity of measuring either fuel flow or intake air flow. This is 
accomplished by diluting the exhaust produced by a test engine with 
ambient background air and measuring the total diluted exhaust flow 
rate and the concentration of emissions within the dilute flow. Total 
mass flow of an emission is then easily calculated.
    (b) A constant volume sampler (CVS) is typically used to control 
the total amount of dilute flow through the system. As the name 
implies, a CVS restricts flow to a known value dependent only on the 
dilute exhaust temperature and pressure.
    (c) For the testing described in this subpart, a CVS must consist 
of: a mixing tunnel into which the engine exhaust and dilutant 
(background) air are dumped; a dilute exhaust flow metering system; a 
dilute exhaust sample port; a background sample port; a dilute exhaust 
sampling system; and a background sampling system.
    (1) Mixing tunnel. The mixing tunnel must be constructed such that 
complete mixing of the engine exhaust and background air is assured 
prior to the sampling probe.
    (2) Exhaust flow metering system. A dilute exhaust flow metering 
system must be used to control the total flow rate of the dilute engine 
exhaust as described in Sec. 90.421.
    (3) Exhaust sample port. A dilute exhaust sample port must be 
located in or downstream of the mixing tunnel at a point where complete 
mixing of the engine exhaust and background air is assured.
    (4) Background sample port. A dilute exhaust sample port must be 
located in the stream of background air before it is mixed with the 
engine exhaust. The background probe must draw a representative sample 
of the background air during each sampling mode.
    (5) Exhaust sampling system. The dilute exhaust sampling system 
controls the flow of samples from the mixing tunnel to the analyzer 
system. This could be either a continuous sampling system or grab (bag) 
sampling system. If a critical flow venturi (CFV) is used on the dilute 
exhaust sample probe, this system must assure that the sample CFV is in 
choke flow during testing. If no CFV is used, this system must assure a 
constant volumetric flow rate through the dilute exhaust sample probe 
or must incorporate electronic flow compensation.
    (6) Background sampling system. The background sampling system 
controls the flow of samples from the background air supply to the 
analyzer system. This could be either a continuous sampling system or 
grab (bag) sampling system. This system must assure a constant 
volumetric flow rate through the background sample probe.


Sec. 90.421  Dilute gaseous exhaust sampling and analytical system 
description.

    (a) General. The exhaust gas sampling system described in this 
section is designed to measure the true mass of gaseous emissions in 
the exhaust of nonroad small spark-ignition engines. This system 
utilizes the Constant Volume Sampling (CVS) concept (described in 
Sec. 90.420) of measuring mass emissions of HC, NOX, CO, and 
CO2. Grab sampling for individual modes is an acceptable method of 
dilute testing for all constituents, HC, NOX, CO, and CO2. 
Continuous dilute sampling is not required for any of the exhaust 
constituents, but is allowable for all. Heated sampling is not required 
for any of the constituents, but is allowable for HC and NOX. The 
mass of gaseous emissions is determined from the sample concentration 
and total flow over the test period. As an option, the measurement of 
total fuel mass consumed over a cycle may be substituted for the 
exhaust measurement of CO2. General requirements are as follows:
    (1) This sampling system requires the use of a Positive 
Displacement Pump--Constant Volume Sampler (PDP-CVS) system with a heat 
exchanger, or a Critical Flow Venturi--Constant Volume Sampler (CFV-
CVS) system with CFV sample probes and/or a heat exchanger or 
electronic flow compensation. Figure 2 in Appendix B of this subpart is 
a schematic drawing of the PDP-CVS system. Figure 3 in Appendix B of 
this subpart is a schematic drawing of the CFV-CVS system.
    (2) The HC analytical system requires:
    (i) Grab sampling (see Sec. 90.420, and Figure 2 or Figure 3 in 
Appendix B of this subpart) and analytical capabilities (see 
Sec. 90.423, and Figure 4 in Appendix B of this subpart), or
    (ii) Continuously integrated measurement of diluted HC meeting the 
minimum requirements and technical specifications contained in 
paragraph (b)(2) of this section.
    (iii) The dilute HC analytical system for nonroad small spark-
ignition engines does not require a heated flame ionization detector 
(HFID).
    (iv) If used, the HFID sample must be taken directly from the 
diluted exhaust stream through a heated probe and integrated 
continuously over the test cycle.
    (v) The heated probe must be located in the sampling system far 
enough downstream of the mixing area to ensure a uniform sample 
distribution across the CVS duct at the sampling zone.
    (3) The CO and CO2 analytical system requires:
    (i) Grab sampling (see Sec. 90.420, and Figure 2 or Figure 3 in 
Appendix B of this subpart) and analytical capabilities (see 
Sec. 90.423, and Figure 4 in Appendix B of this subpart), or
    (ii) Continuously integrated measurement of diluted CO and CO2 
meeting the minimum requirements and technical specifications contained 
in paragraph (b)(4) of this section.
    (4) The NOX analytical system requires:
    (i) Grab sampling (see Sec. 90.420, and Figure 2 or Figure 3 in 
Appendix B of this subpart) and analytical capabilities (see 
Sec. 90.423, and Figure 4 in Appendix B of this subpart), or
    (ii) A continuously integrated measurement of diluted NOX 
meeting the minimum requirements and technical specifications contained 
in paragraph (b)(4) of this section.
    (5) Since various configurations can produce equivalent results, 
exact conformance with these drawings is not required. Additional 
components such as instruments, valves, solenoids, 

[[Page 34628]]
pumps, and switches may be used to provide additional information and 
coordinate the functions of the component systems. Other components, 
such as snubbers, which are not needed to maintain accuracy on some 
systems, may be excluded if their exclusion is based upon good 
engineering judgment.
    (6) Other sampling and/or analytical systems may be used if shown 
to yield equivalent results and if approved in advance by the 
Administrator.
    (b) Component description. The components necessary for exhaust 
0sampling must meet the following requirements:
    (1) Exhaust dilution system. The PDP-CVS must conform to all of the 
requirements listed for the exhaust gas PDP-CVS in Sec. 90.420 of this 
chapter. The CFV-CVS must conform to all of the requirements listed for 
the exhaust gas CFV-CVS in Sec. 90.420 of this chapter. In addition, 
the CVS must conform to the following requirements:
    (i) The flow capacity of the CVS must be sufficient to maintain the 
diluted exhaust stream in the dilution system at a temperature of 
190 deg. C or less at the sampling zone for hydrocarbon measurement and 
as required to prevent condensation at any point in the dilution 
system. Gaseous emission samples may be taken directly from this 
sampling point.
    (ii) For the CFV-CVS, either a heat exchanger or electronic flow 
compensation is required (see Figure 3 in Appendix B of this subpart).
    (iii) For the CFV-CVS when a heat exchanger is used, the gas 
mixture temperature, measured at a point immediately ahead of the 
critical flow venturi, must be within 11 deg. C of the 
average operating temperature observed during the test with the 
simultaneous requirement that condensation does not occur. The 
temperature measuring system (sensors and readout) must have an 
accuracy and precision of 2 deg. C. For systems utilizing a 
flow compensator to maintain proportional flow, the requirement for 
maintaining constant temperature is not necessary.
    (2) Continuous HC measurement system. (i) The continuous HC sample 
system (as shown in Figure 2 or 3 in Appendix B of this subpart) uses 
an ``overflow'' zero and span system. In this type of system, excess 
zero or span gas spills out of the probe when zero and span checks of 
the analyzer are made.
    (ii) No other analyzers may draw a sample from the continuous HC 
sample probe, line, or system, unless a common sample pump is used for 
all analyzers and the sample line system design reflects good 
engineering practice.
    (iii) The overflow gas flow rates into the sample line must be at 
least 105 percent of the sample system flow rate.
    (iv) The overflow gases must enter the sample line as close as 
practical to the outside surface of the CVS duct or dilution system.
    (v) The continuous HC sampling system consists of a probe (which 
for a HFID analyzer must raise the sample to the specified temperature) 
and, where used, a sample transfer system (which for a HFID must 
maintain the specified temperature). The HFID continuous hydrocarbon 
sampling system (exclusive of the probe) must:
    (A) Maintain a wall temperature of 190 deg. C 11 deg. C 
as measured at every separately controlled heated component (that is, 
filters, heated line sections), using permanent thermocouples located 
at each of the separate components.
    (B) Have a wall temperature of 190 deg. C 11 deg. C 
over its entire length. The temperature of the system is demonstrated 
by profiling the thermal characteristics of the system where possible 
at initial installation and after any major maintenance performed on 
the system. The profiling is to be accomplished using the insertion 
thermocouple probing technique. The system temperature must be 
monitored continuously during testing at the locations and temperature 
described in Sec. 90.421(b)(2).
    (C) Maintain a gas temperature of 190 deg. C 11 deg. C 
immediately before the heated filter and HFID. Determine these gas 
temperatures by a temperature sensor located immediately upstream of 
each component.
    (vi) The continuous hydrocarbon sampling probe:
    (A) Is defined as the first 25.4 to 76.2 cm of the continuous 
hydrocarbon sampling system.
    (B) Has a 0.483 cm minimum inside diameter.
    (C) Is installed in the dilution system at a point where the 
dilution air and exhaust are well mixed and provide a homogenous 
mixture.
    (D) Is sufficiently distant (radially) from other probes and the 
system wall so as to be free from the influence of any wakes or eddies.
    (E) For a continuous HFID sample probe, the probe must increases 
the gas stream temperature to 190 deg. C 11 deg. C at the 
exit of the probe. Demonstrate the ability of the probe to accomplish 
this using the insertion thermocouple technique at initial installation 
and after any major maintenance. Demonstrate compliance with the 
temperature specification by continuously recording during each test 
the temperature of either the gas stream or the wall of the sample 
probe at its terminus.
    (vii) The response time of the continuous measurement system must 
be taken into account when logging test data.
    (3) Sample Mixing. (i) Configure the dilution system to ensure a 
well mixed, homogeneous sample prior to the sampling probe(s).
    (ii) Make the temperature of the diluted exhaust stream inside the 
dilution system sufficient to prevent water condensation.
    (iii) Direct the engine exhaust downstream at the point where it is 
introduced into the dilution system.
    (4) Continuously integrated NOX, CO, and CO2 measurement 
systems.
    (i) Sample probe requirements:
    (A) The sample probe for continously intergrated NOX, CO, and 
CO2 must be in the same plane as the continuous HC probe, but 
sufficiently distant (radially) from other probes and the tunnel wall 
so as to be free from the influences of any wakes or eddies.
    (B) The sample probe for continously intergrated NOX, CO, and 
CO2 must be heated and insulated over the entire length, to 
prevent water condensation, to a minimum temperature of 55 deg. C. 
Sample gas temperature immediately before the first filter in the 
system must be at least 55 deg. C.
    (ii) Conform to the continuous NOX, CO, or CO2 sampling 
and analysis system to the specifications of part 86, subpart D of this 
chapter with the following exceptions and revisions:
    (A) Heat the system components requiring heating only to prevent 
water condensation, the minimum component temperature is 55 deg. C.
    (B) Coordinate analysis system response time with CVS flow 
fluctuations and sampling time/test cycle offsets, if necessary.
    (C) Use only analytical gases conforming to the specifications of 
Sec. 90.312 of this subpart for calibration, zero and span checks.
    (D) Use a calibration curve conforming to Sec. 90.321 for CO and 
CO2 and Sec. 90.318 for NOX for any range on a linear 
analyzer below 155 ppm.
    (iii) Convert the chart deflections or voltage output of analyzers 
with non-linear calibration curves to concentration values by the 
calibration curve(s) specified in Sec. 90.321 of this chapter before 
flow correction (if used) and subsequent integration takes place.


Sec. 90.422  Background sample.

    (a) Background samples are produced by drawing a sample of the 
dilution air during the exhaust collection phase of each test cycle 
mode. 

[[Page 34629]]

    (1) An individual background sample may be produced and analyzed 
for each mode. Hence, a unique background value will be used for the 
emission calculations for each mode.
    (2) Alternatively, a single background sample may be produced by 
drawing a sample during the collection phase of each test cycle mode. 
Hence, a single cumulative background value will be used for the 
emission calculations for each mode.
    (b) For analysis of the individual sample described in paragraph 
(a)(1) of this section, a single value representing the average chart 
deflection over a 10-second stabilized period must be stored. All 
readings taken during the data logging period must be stable within 
 one percent of full scale.
    (c) Measure HC, CO, CO2, and NOX exhaust and background 
concentrations in the sample bag(s) with approximately the same flow 
rates and pressures used during calibration.


Sec. 90.423  Exhaust gas analytical system; CVS grab sample.

    (a) Schematic drawings. Figure 4 in Appendix B of this subpart is a 
schematic drawing of the exhaust gas analytical systems used for 
analyzing CVS grab ``bag'' samples from spark-ignition engines. Since 
various configurations can produce accurate results, exact conformance 
with the drawing is not required. Additional components such as 
instruments, valves, solenoids, pumps and switches may be used to 
provide additional information and coordinate the functions of the 
component systems. Other components such as snubbers, which are not 
needed to maintain accuracy in some systems, may be excluded if their 
exclusion is based upon good engineering judgment.
    (b) Major component description. The analytical system, Figure 4 in 
Appendix B of this subpart, consists of a flame ionization detector 
(FID) or a heated flame ionization detector (HFID) for the measurement 
of hydrocarbons, non-dispersive infrared analyzers (NDIR) for the 
measurement of carbon monoxide and carbon dioxide, and a 
chemiluminescence detector (CLD) (or heated CLD (HCLD)) for the 
measurement of oxides of nitrogen. The exhaust gas analytical system 
must conform to the following requirements:
    (1) The CLD (or HCLD) requires that the nitrogen dioxide present in 
the sample be converted to nitric oxide before analysis. Other types of 
analyzers may be used if shown to yield equivalent results and if 
approved in advance by the Administrator.
    (2) If CO instruments are used which are essentially free of 
CO2 and water vapor interference, the use of the conditioning 
column may be deleted. (See Sec. 90.317 and Sec. 90.320.)
    (3) A CO instrument is considered to be essentially free of 
CO2 and water vapor interference if its response to a mixture of 
three percent CO2 in N2, which has been bubbled through water 
at room temperature, produces an equivalent CO response, as measured on 
the most sensitive CO range, which is less than one percent of full-
scale CO concentration on ranges above 300 ppm full scale or less than 
three ppm on ranges below 300 ppm full scale. (See Sec. 90.317.)
    (c) Alternate analytical systems. Analysis systems meeting the 
specifications and requirements of this subpart for dilute sampling may 
be used upon approval of the Administrator.
    (d) Other analyzers and equipment. Other types of analyzers and 
equipment may be used if shown to yield equivalent results and if 
approved in advance by the Administrator.
Sec. 90.424  Dilute sampling procedures--CVS calibration.

    (a) The CVS is calibrated using an accurate flowmeter and 
restrictor valve.
    (1) The flowmeter calibration must be traceable to the National 
Institute for Standards and Testing (NIST) and serves as the reference 
value (NIST ``true'' value) for the CVS calibration. (Note: In no case 
should an upstream screen or other restriction which can affect the 
flow be used ahead of the flowmeter unless calibrated throughout the 
flow range with such a device.)
    (2) The CVS calibration procedures are designed for use of a 
``metering venturi'' type flowmeter. Large radius or American Society 
of Mechanical Engineers (ASME) flow nozzles are considered equivalent 
if traceable to NIST measurements. Other measurement systems may be 
used if shown to be equivalent under the test conditions in this 
section and traceable to NIST measurements.
    (3) Measurements of the various flowmeter parameters are recorded 
and related to flow through the CVS.
    (4) Procedures using both PDP-CVS and CFV-CVS are outlined in the 
following paragraphs. Other procedures yielding equivalent results may 
be used if approved in advance by the Administrator.
    (b) After the calibration curve has been obtained, verification of 
the entire system may be performed by injecting a known mass of gas 
into the system and comparing the mass indicated by the system to the 
true mass injected. An indicated error does not necessarily mean that 
the calibration is wrong, since other factors can influence the 
accuracy of the system (for example, analyzer calibration, leaks, or HC 
hangup). A verification procedure is found in paragraph (e) of this 
section.
    (c) PDP-CVS calibration. (1) The following calibration procedure 
outlines the equipment, the test configuration, and the various 
parameters which must be measured to establish the flow rate of the CVS 
pump.
    (i) All the parameters related to the pump are simultaneously 
measured with the parameters related to a flowmeter which is connected 
in series with the pump.
    (ii) The calculated flow rate, in cm3/s, (at pump inlet 
absolute pressure and temperature) can then be plotted versus a 
correlation function which is the value of a specific combination of 
pump parameters.
    (iii) The linear equation which relates the pump flow and the 
correlation function is then determined.
    (iv) In the event that a CVS has a multiple speed drive, a 
calibration for each range used must be performed.
    (2) This calibration procedure is based on the measurement of the 
absolute values of the pump and flowmeter parameters that relate the 
flow rate at each point. Two conditions must be maintained to assure 
the accuracy and integrity of the calibration curve:
    (i) The temperature stability must be maintained during 
calibration. (Flowmeters are sensitive to inlet temperature 
oscillations; this can cause the data points to be scattered. Gradual 
changes in temperature are acceptable as long as they occur over a 
period of several minutes.)
    (ii) All connections and ducting between the flowmeter and the CVS 
pump must be absolutely void of leakage.
    (3) During an exhaust emission test the measurement of these same 
pump parameters enables the user to calculate the flow rate from the 
calibration equation.
    (4) Connect a system as shown in Figure 5 in Appendix B of this 
subpart. Although particular types of equipment are shown, other 
configurations that yield equivalent results may be used if approved in 
advance by the Administrator. For the system indicated, the following 
measurements and accuracies are required:

                                                                        

[[Page 34630]]
                      Calibration Data Measurements                     
------------------------------------------------------------------------
                                                         Sensor-readout 
             Parameter              Symbol     Units       tolerances   
------------------------------------------------------------------------
Barometric pressure (corrected)...  PB      kPa         .340
                                                         kPa.           
Ambient temperature...............  TA       deg. C     .28 
                                                         d C.           
Air temperature into metering       ETI      deg. C     1.11
 venturi.                                                  C.           
Pressure drop between the inlet     EDP     kPa         0.01
 and throat of metering venturi.                         2 kPa.         
Air flow..........................  QS      m3/min.     0.5 
                                                         percent of NIST
                                                         value.         
Air temperature at CVS pump inlet.  PTI      deg. C     1.11
                                                           C.           
Pressure depression at CVS pump     PPI     kPa         0.05
 inlet.                                                  5 kPa.         
Pressure head at CVS pump outlet..  PPO     kPa         0.05
                                                         5 kPa.         
Air temperature at CVS pump outlet  PTO      deg. C     1.11
 (optional).                                               C.           
Pump revolutions during test        N       Revs        1   
 period.                                                 Rev.           
Elapsed time for test period......  t       s           0.5 
                                                         s.             
------------------------------------------------------------------------


    (5) After the system has been connected as shown in Figure 5 in 
Appendix B of this subpart, set the variable restrictor in the wide 
open position and run the CVS pump for 20 minutes. Record the 
calibration data.
    (6) Reset the restrictor valve to a more restricted condition in an 
increment of pump inlet depression that will yield a minimum of six 
data points for the total calibration. Allow the system to stabilize 
for three minutes and repeat the data acquisition.
    (7) Data analysis:
    (i) The air flow rate, Qs, at each test point is calculated in 
standard cubic feet per minute 20 deg. C, 101.3 kPa from the flowmeter 
data using the manufacturer's prescribed method.
    (ii) The air flow rate is then converted to pump flow, Vo, in 
cubic meter per revolution at absolute pump inlet temperature and 
pressure:
[GRAPHIC][TIFF OMITTED]TR03JY95.031

Where:

Vo=Pump flow, m\3\/rev at Tp, Pp.
Qs=Meter air flow rate in standard cubic meters per minute, 
standard conditions are 20 deg. C, 101.3 kPa.
n=Pump speed in revolutions per minute.
Tp=Absolute pump inlet temperature in Kelvin, =PTI+273 [ deg.K]
Pp=Absolute pump inlet pressure, kPa.
      =PB-PPI

Where:

PB=barometric pressure, kPa
PPI=Pump inlet depression, kPa.

    (iii) The correlation function at each test point is then 
calculated from the calibration data:
[GRAPHIC][TIFF OMITTED]TR03JY95.032

Where:

Xo=correlation function.
p=The pressure differential from pump inlet to pump outlet 
[kPa]
      p=Pe-Pp.

Where:

Pe=Absolute pump outlet pressure [kPa], Pe=PB+PPI

    (iv) A linear least squares fit is performed to generate the 
calibration equation which has the form:
[GRAPHIC][TIFF OMITTED]TR03JY95.033

Where:

    Do and M are the intercept and slope constants, respectively, 
describing the regression line.
    (8) A CVS system that has multiple speeds should be calibrated on 
each speed used. The calibration curves generated for the ranges will 
be approximately parallel and the intercept values, Do, will 
increase as the pump flow range decreases.
    (9) If the calibration has been performed carefully, the calculated 
values from the equation will be within  0.50 percent of 
the measured value of Vo. Values of M will vary from one pump to 
another, but values of Do for pumps of the same make, model, and 
range should agree within  three percent of each other. 
Calibrations should be performed at pump start-up and after major 
maintenance to assure the stability of the pump slip rate. Analysis of 
mass injection data will also reflect pump slip stability.
    (d) CFV-CVS calibration. (1) Calibration of the CFV is based upon 
the flow equation for a critical venturi. Gas flow is a function of 
inlet pressure and temperature:
[GRAPHIC][TIFF OMITTED]TR03JY95.034

Where:

Qs=flow rate [m\3\/min.]
Kv=calibration coefficient
P=absolute pressure [kPa]
T=absolute temperature [ deg.K]

    The calibration procedure described in paragraph (d)(3) of this 
section establishes the value of the calibration coefficient at 
measured values of pressure, temperature, and air flow.
    (2) The manufacturer's recommended procedure must be followed for 
calibrating electronic portions of the CFV.
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements                                         
----------------------------------------------------------------------------------------------------------------
                Parameter                       Symbol             Units                   Tolerances           
----------------------------------------------------------------------------------------------------------------
Barometric Pressure (corrected)..........  PB                kPa               .34 kPa              
Air temperature, into flowmeter..........  ETI                deg. C           .28 deg. C           
Pressure drop between the inlet and        EDP               in. H2O           .05 in H2O           
 throat of metering venturi.                                                                                    
Air flow.................................  QS                m3/min            .5 percent of NIST   
                                                                                value                           
CFV inlet depression.....................  PPI               (kPa)             .055 kPa             
Temperature at venturi inlet.............  TV                 deg. C           2.22 deg. C          
----------------------------------------------------------------------------------------------------------------


[[Page 34631]]

    (4) Set up equipment as shown in Figure 6 in Appendix B of this 
subpart and eliminate leaks. (Leaks between the flow measuring devices 
and the critical flow venturi will seriously affect the accuracy of the 
calibration.)
    (5) Set the variable flow restrictor to the open position, start 
the blower, and allow the system to stabilize. Record data from all 
instruments.
    (6) Vary the flow restrictor and make at least eight readings 
across the critical flow range of the venturi.
    (7) Data analysis. The data recorded during the calibration are to 
be used in the following calculations:
    (i) Calculate the air flow rate (designated as Qs) at each 
test point in standard cubic feet per minute from the flow meter data 
using the manufacturer's prescribed method.
    (ii) Calculate values of the calibration coefficient for each test 
point:

Where:

Qs=Flow rate in standard cubic meters per minute, at
[GRAPHIC][TIFF OMITTED]TR03JY95.035

the standard conditions of 20 deg. C, 101.3 kPa.
Tv=Temperature at venturi inlet,  deg.K.
Pv=Pressure at venturi inlet, kPa=PB-PPI

Where:

PPI=Venturi inlet pressure depression, kPa.

    (iii) Plot Kv as a function of venturi inlet pressure. For 
choked flow, Kv will have a relatively constant value. As pressure 
decreases (vacuum increases), the venturi becomes unchoked and Kv 
decreases. (See Figure 7 in Appendix B to Subpart D.)
    (iv) For a minimum of eight points in the critical region, 
calculate an average Kv and the standard deviation.
    (v) If the standard deviation exceeds 0.3 percent of the average 
Kv , take corrective action.
    (e) CVS system verification. The following ``gravimetric'' 
technique may be used to verify that the CVS and analytical instruments 
can accurately measure a mass of gas that has been injected into the 
system. (Verification can also be accomplished by constant flow 
metering using critical flow orifice devices.)
    (1) Obtain a small cylinder that has been charged with 99.5 percent 
or greater propane or carbon monoxide gas (CAUTION--carbon monoxide is 
poisonous).
    (2) Determine a reference cylinder weight to the nearest 0.01 
grams.
    (3) Operate the CVS in the normal manner and release a quantity of 
pure propane into the system during the sampling period (approximately 
five minutes).
    (4) The calculations are performed in the normal way except in the 
case of propane. The density of propane (0.6109 kg/m\3\/carbon atom) is 
used in place of the density of exhaust hydrocarbons.
    (5) The gravimetric mass is subtracted from the CVS measured mass 
and then divided by the gravimetric mass to determine the percent 
accuracy of the system.
    (6) Good engineering practice requires that the cause for any 
discrepancy greater than  two percent must be found and 
corrected.


Sec. 90.425  CVS calibration frequency.

    Calibrate the CVS positive displacement pump or critical flow 
venturi following initial installation, major maintenance, or as 
necessary when indicated by the CVS system verification (described in 
Sec. 90.424(e)).


Sec. 90.426  Dilute emission sampling calculations--gasoline fueled 
engines.

    (a) The final reported emission test results must be computed by 
use of the following formula:
[GRAPHIC][TIFF OMITTED]TR03JY95.036

Where:

AWM=Final weighted brake-specific mass emission rate for an 
emission (HC, CO, CO2, or NOX) [g/kW-hr]
Wi=Average mass flow rate of an emission (HC, CO, CO2, 
NOX) from a test engine during mode i [g/hr]
WFi=Weighting factor for each mode i as defined in Sec. 90.410(a).
Pi=Gross average power generated during mode i [kW], calculated 
from the following equation,
[GRAPHIC][TIFF OMITTED]TR03JY95.037

Where:

speed=average engine speed measured during mode i [rev./minute]
torque=average engine torque measured during mode i [N-m]

    KHi=NOX humidity correction factor for mode i. This 
correction factor only affects calculations for NOX and is equal 
to one for all other emissions. KHi is also equal to 1 for all 
two-stroke engines.
    (b) The mass flow rate, Wi in g/hr, of an emission for mode i 
is determined from the following equations:
[GRAPHIC][TIFF OMITTED]TR03JY95.038

Where:

Qi=Volumetric flow rate of the dilute exhaust through the CVS at 
standard conditions [m\3\/hr at STP].
Density=Density of a specific emission (DensityHC, DensityCO, 
DensityCO2, DensityNOx) [g/m\3\].
DFi=Dilution factor of the dilute exhaust during mode i.
CDi=Concentration of the emission (HC, CO, NOX) in dilute 
exhaust extracted from the CVS during mode i [ppm].
CBi=Concentration of the emission (HC, CO, NOX) in the 
background sample during mode i [ppm].
STP=Standard temperature and pressure. All volumetric calculations made 
for the equations in this section are to be corrected to a standard 
temperature of 20 deg. C and 101.3 kPa.

    (c) Densities for emissions that are to be measured for this test 
procedure are:

DensityHC=576.8 g/m\3\
DensityNOX=1912 g/m\3\
DensityCO=1164 g/m\3\
DensityCO2=1829 g/m\3\

    (1) The value of DensityHC above is calculated based on the 
assumption that the fuel used has a carbon to hydrogen ratio of 1:1.85. 
For other fuels DensityHC can be calculated from the following 
formula:
[GRAPHIC][TIFF OMITTED]TR03JY95.039

Where:

MHC=The molecular weight of the hydrocarbon molecule divided by 
the number of carbon atoms in the molecule [g/mole]
RSTP=Ideal gas constant for a gas at STP=0.024065 [m\3\-mole].

    (2) The idealized molecular weight of the exhaust hydrocarbons, 
i.e., the molecular weight of the hydrocarbon molecule divided by the 
number of carbon atoms in the molecule, MHC, can be calculated 
from the following formula:
[GRAPHIC][TIFF OMITTED]TR03JY95.040

Where:

MC=Molecular weight of carbon=12.01 [g/mole]
MH=Molecular weight of hydrogen=1.008 [g/mole]
MO=Molecular weight of oxygen=16.00 [g/mole]
=Hydrogen to carbon ratio of the test fuel
=Oxygen to carbon ratio of the test fuel


[[Page 34632]]

    (3) The value of DensityNOX above assumes that NOX is 
entirely in the form of NO2
    (d) The dilution factor, DF, is the ratio of the volumetric flow 
rate of the background air to that of the
[GRAPHIC][TIFF OMITTED]TR03JY95.041

raw engine exhaust. The following formula is used to determine DF:

Where:

CD HC=Concentration of HC in the dilute sample [ppm]
CD CO=Concentration of CO in the dilute sample [ppm]
CD CO2=Concentration of CO2 in the dilute sample [ppm]

    (e) The humidity correction factor KH is an adjustment made to 
the measured NOX. This corrects for the sensitivity that a spark-
ignition engine has to the humidity of its combustion air. The 
following formula is used to determine KH for NOX 
calculations:
[GRAPHIC][TIFF OMITTED]TR03JY95.042

Where:

H=Absolute humidity of the engine intake air [grams of water per 
kilogram of dry air].

    (f) Calculate the absolute humidity of the engine intake air H 
using the following formula:
[GRAPHIC][TIFF OMITTED]TR03JY95.043

Where:

Pdew=Saturated vapor pressure at the dew point temperature [kPa]
Pb=Barometric pressure [kPa].

    (g) Compute the final reported brake-specific fuel consumption 
(BSFC) by use of the following formula:
[GRAPHIC][TIFF OMITTED]TR03JY95.044

Where:

BSFC=brake-specific fuel consumption in grams of fuel per brake 
kilowatt-hour [g/kW-hr].
GFUEL i=mass flow rate of engine fuel during mode i [g/hr]
WFi=Weighting factors for each mode according to Sec. 90.410(a)
Pi=Gross average power generated during mode i [kW], calculated 
from the following equation,
[GRAPHIC][TIFF OMITTED]TR03JY95.045

Where:

speed=average engine speed measured during mode i [rev./minute]
torque=average engine torque measured during mode i [N-m]
    (h) The fuel mass flow rate, Fi, can be either measured or 
calculated using the following formula
[GRAPHIC][TIFF OMITTED]TR03JY95.046

Where:

MFUEL=Mass of fuel consumed by the engine during the mode [g]
T=Duration of the sampling period [hr]

    (i) The mass of fuel consumed during the mode sampling period, 
MFUEL, can be calculated from the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.047

Where:

Gs=Mass of carbon measured during the mode sampling period [g]
R2=The fuel carbon weight fraction, which is the mass of carbon in 
fuel per mass of fuel [g/g]

    The grams of carbon measured during the mode, Gs, can be 
calculated from the following equation:
[GRAPHIC][TIFF OMITTED]TR03JY95.048

Where:

HCmass=mass of hydrocarbon emissions for the mode sampling period 
[grams]
CO2mass=mass of carbon monoxide emissions for the mode sampling 
period [grams]
CO2mass=mass of carbon dioxide emissions for the mode sampling 
period [grams]
=The atomic hydrogen to carbon ratio of the fuel


Sec. 90.427  Catalyst thermal stress resistance evaluation.

    (a) The purpose of the evaluation procedure specified in this 
section is to determine the effect of thermal stress on catalyst 
conversion efficiency. The thermal stress is imposed on the test 
catalyst by exposing it to quiescent heated air in an oven. The 
evaluation of the effect of such stress on catalyst performance is 
based on the resultant degradation of the efficiency with which the 
conversions of specific pollutants are promoted. The application of 
this evaluation procedure involves the several steps that are described 
in the following paragraphs.
    (b) Determination of initial conversion efficiency. (1) A synthetic 
exhaust gas mixture having the composition specified in Sec. 90.329 is 
heated to a temperature of 450 deg. C  5 deg. C and passed 
through the new test catalyst or, optionally, a test catalyst that has 
been exposed to temperatures less than or equal to 500 deg. C for less 
than or equal to two hours, under flow conditions that are 
representative of anticipated in-use conditions.
    (2) The concentration of each pollutant of interest, that is, 
hydrocarbons, carbon monoxide, or oxides of nitrogen, in the effluent 
of the catalyst is determined by means of the instrumentation that is 
specified for exhaust gas analysis in subpart D of this part.
    (3) The conversion efficiency for each pollutant is determined by:
    (i) Subtracting the effluent concentration from the initial 
concentration;
    (ii) Dividing this result by the initial concentration; and
    (iii) Multiplying this result by 100 percent.
    (c) Imposition of thermal stress. (1) The catalyst is placed in an 
oven that has been pre-heated to 1000 deg. C and the temperature of the 
air in the oven is maintained at 1000 deg. C  10 deg. C for 
six hours.
    (2) The catalyst is removed from the oven and allowed to cool to 
room temperature.
    (d) Determination of final conversion efficiency. The steps listed 
in paragraph (b) of this section are repeated.
    (e) Determination of conversion efficiency degradation.
    (1) The final conversion efficiency determined in paragraph (c) of 
this section is subtracted from the initial 

[[Page 34633]]
conversion efficiency determined in paragraph (b) of this section.
    (2) This result is divided by the initial conversion efficiency.
    (3) This result is multiplied by 100 percent.
    (f) Determination of compliance with degradation limit. The percent 
degradation determined in paragraph (e) of this section must not be 
greater than 20 percent.

               Appendix A to Subpart E of Part 90--Tables               
     Table 1.--Parameters to be Measured or Calculated and Recorded     
------------------------------------------------------------------------
                         Parameter                              Units   
------------------------------------------------------------------------
Airflow rate (dry), if applicable.........................  g/h         
Fuel flow rate............................................  g/h         
Engine Speed..............................................  rpm         
Engine Torque Output......................................  N m         
Power Output..............................................  kW          
Air inlet temperature.....................................   deg. C     
Air humidity..............................................  mg/kg       
Coolant temperature (liquid cooled).......................   deg. C     
Exhaust mixing chamber surface temperature, if applicable.   deg. C     
Exhaust sample line temperature, if applicable............   deg. C     
Total Accumulated hours of Engine Operation...............  h           
Barometric Pressure.......................................  kPa         
------------------------------------------------------------------------


                                                       Table 2.--Test Cycles for Class I-V Engines                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Mode Speed                          1        2        3        4        5        6        7        8        9        10       11  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
(4) Rated Speed                                                                                                                                         
(4) Intermediate Speed                                   Idle                                                                                           
Mode Points--A Cycle.................................  .......  .......  .......  .......  .......        1        2        3        4        5        6
Load Percent--A Cycle................................  .......  .......  .......  .......  .......      100       75       50       25       10        0
Weighting............................................  .......  .......  .......  .......  .......       9%      20%      29%      30%       7%       5%
Mode Points--B Cycle.................................        1        2        3        4        5  .......  .......  .......  .......  .......        6
Load Percent--B Cycle................................      100       75       50       25       10  .......  .......  .......  .......  .......        0
Weighting............................................       9%      20%      29%      30%       7%  .......  .......  .......  .......  .......       5%
Mode Points--C Cycle.................................        1  .......  .......  .......  .......  .......  .......  .......  .......  .......        2
Load Percent--C Cycle................................      100  .......  .......  .......  .......  .......  .......  .......  .......  .......        0
Weighting............................................      90%  .......  .......  .......  .......  .......  .......  .......  .......  .......      10%
--------------------------------------------------------------------------------------------------------------------------------------------------------

Appendix B to Subpart E--Figures

BILLING CODE 6560-50-P

[[Page 34634]]
[GRAPHIC][TIFF OMITTED]TR03JY95.002



[[Page 34635]]
[GRAPHIC][TIFF OMITTED]TR03JY95.003



[[Page 34636]]
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[[Page 34637]]
[GRAPHIC][TIFF OMITTED]TR03JY95.005



[[Page 34638]]
[GRAPHIC][TIFF OMITTED]TR03JY95.006



[[Page 34639]]
[GRAPHIC][TIFF OMITTED]TR03JY95.007



[[Page 34640]]
[GRAPHIC][TIFF OMITTED]TR03JY95.008



BILLING CODE 6560-50-C

[[Page 34641]]


Subpart F--Selective Enforcement Auditing


Sec. 90.501  Applicability.

    The requirements of subpart F shall be applicable to all nonroad 
engines and vehicles subject to the provisions of subpart A of part 90.


Sec. 90.502  Definitions.

    The definitions in subpart A of this part apply to this subpart. 
The following definitions shall also apply to this subpart.
    Acceptable quality level (AQL) means the maximum percentage of 
failing engines that can be considered a satisfactory process average 
for sampling inspections.
    Configuration means any subclassification of an engine family which 
can be described on the basis of gross power, emission control system, 
governed speed, fuel system, engine calibration, and other parameters 
as designated by the Administrator.
    Inspection criteria means the pass and fail numbers associated with 
a particular sampling plan.
    Test engine means an engine in a test sample.
    Test sample means the collection of engines selected from the 
population of an engine family for emission testing.


Sec. 90.503  Test orders.

    (a) The Administrator shall require any testing under this subpart 
by means of a test order addressed to the manufacturer.
    (b) The test order will be signed by the Assistant Administrator 
for Air and Radiation or his or her designee. The test order will be 
delivered in person by an EPA enforcement officer or EPA authorized 
representative to a company representative or sent by registered mail, 
return receipt requested, to the manufacturer's representative who 
signed the application for certification submitted by the manufacturer, 
pursuant to the requirements of the applicable section of subpart B of 
this part. Upon receipt of a test order, the manufacturer shall comply 
with all of the provisions of this subpart and instructions in the test 
order.
    (c) Information included in test order. (1) The test order will 
specify the engine family to be selected for testing, the 
manufacturer's engine assembly plant or associated storage facility or 
port facility (for imported engines) from which the engines must be 
selected, the time and location at which engines must be selected, and 
the procedure by which engines of the specified family must be 
selected. The test order may specify the configuration to be audited 
and/or the number of engines to be selected per day. Engine 
manufacturers will be required to select a minimum of four engines per 
day unless an alternate selection procedure is approved pursuant to 
Sec. 90.507(a), or unless total production of the specified 
configuration is less than four engines per day. If total production of 
the specified configuration is less than four engines per day, the 
manufacturer will select the actual number of engines produced per day.
    (2) The test order may include alternate families to be selected 
for testing at the Administrator's discretion in the event that engines 
of the specified family are not available for testing because those 
engines are not being manufactured during the specified time, or are 
not being stored at the specified assembly plant, associated storage 
facilities or port of entry.
    (3) If the specified family is not being manufactured at a rate of 
at least two engines per day in the case of manufacturers specified in 
Sec. 90.508(g)(1), or one engine per day in the case of manufacturers 
specified in Sec. 90.508(g)(2), over the expected duration of the 
audit, the Assistant Administrator or his or her designated 
representative may select engines of the alternate family for testing.
    (4) In addition, the test order may include other directions or 
information essential to the administration of the required testing.
    (d) A manufacturer may submit a list of engine families and the 
corresponding assembly plants, associated storage facilities, or (in 
the case of imported engines) port facilities from which the 
manufacturer prefers to have engines selected for testing in response 
to a test order. In order that a manufacturer's preferred location be 
considered for inclusion in a test order for a particular engine 
family, the list must be submitted prior to issuance of the test order. 
Notwithstanding the fact that a manufacturer has submitted the list, 
the Administrator may order selection at other than a preferred 
location.
    (e) Upon receipt of a test order, a manufacturer shall proceed in 
accordance with the provisions of this subpart.
    (f)(1) During a given model year, the Administrator shall not issue 
to a manufacturer more Selective Enforcement Auditing (SEA) test orders 
than an annual limit determined by the following:
    (i) for manufacturers with a projected annual production of less 
than 100,000 engines bound for the United States market for that model 
year, the number is two;
    (ii) for manufacturers with a projected annual production of 
100,000 or more engines bound for the United States market for that 
model year, by dividing the manufacturer's total number of certified 
engine families by five and rounding to the nearest whole number, 
unless the number of engine families is less than eight, in which case 
the number is two.
    (2) If a manufacturer submits to EPA in writing prior to or during 
the model year a reliable sales projection update or adds engine 
families or deletes engine families from its production, that 
information will be used for recalculating the manufacturer's annual 
limit of SEA test orders.
    (3) Any SEA test order for which the family fails under Sec. 90.510 
or for which testing is not completed will not be counted against the 
annual limit.
    (4) When the annual limit has been met, the Administrator may issue 
additional test orders to test those families for which evidence exists 
indicating noncompliance. An SEA test order issued on this basis will 
include a statement as to the reason for its issuance.


Sec. 90.504  Testing by the Administrator.

    (a) The Administrator may require by test order under Sec. 90.503 
that engines of a specified family be selected in a manner consistent 
with the requirements of Sec. 90.507 and submitted to the Administrator 
at the place designated for the purpose of conducting emission tests. 
These tests will be conducted in accordance with Sec. 90.508 to 
determine whether engines manufactured by the manufacturer conform with 
the regulations with respect to which the certificate of conformity was 
issued.
    (b) Designating official data. (1) Whenever the Administrator 
conducts a test on a test engine or the Administrator and manufacturer 
each conduct a test on the same test engine, the results of the 
Administrator's test will comprise the official data for that engine.
    (2) Whenever the manufacturer conducts all tests on a test engine, 
the manufacturer's test data will be accepted as the official data, 
provided that if the Administrator makes a determination based on 
testing conducted under paragraph (a) of this section that there is a 
substantial lack of agreement between the manufacturer's test results 
and the Administrator's test results, no manufacturer's test data from 
the manufacturer's test facility will be accepted for purposes of this 
subpart. 

[[Page 34642]]

    (c) If testing conducted under paragraph (a) of this section is 
unacceptable under Sec. 90.503, the Administrator shall:
    (1) Notify the manufacturer in writing of the Administrator's 
determination that the test facility is inappropriate for conducting 
the tests required by this subpart and the reasons therefor; and
    (2) Reinstate any manufacturer's data upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.
    (d) The manufacturer may request in writing that the Administrator 
reconsider his or her determination in paragraph (b)(2) of this section 
based on data or information which indicates that changes have been 
made to the test facility and these changes have resolved the reasons 
for disqualification.


Sec. 90.505  Maintenance of records; submittal of information.

    (a) The manufacturer of any new nonroad engine subject to any of 
the provisions of this subpart shall establish, maintain, and retain 
the following adequately organized and indexed records:
    (1) General records. A description of all equipment used to test 
engines, as specified in subpart D of this part, in accordance with 
Sec. 90.508 pursuant to a test order issued under this subpart.
    (2) Individual records. These records pertain to each audit 
conducted pursuant to this subpart and shall include:
    (i) The date, time, and location of each test;
    (ii) The number of hours of service accumulated on the engine when 
the test began and ended;
    (iii) The names of all supervisory personnel involved in the 
conduct of the audit;
    (iv) A record and description of any repairs performed prior to 
and/or subsequent to approval by the Administrator, giving the date, 
associated time, justification, name(s) of the authorizing personnel, 
and names of all supervisory personnel responsible for the conduct of 
the repair;
    (v) The date the engine was shipped from the assembly plant, 
associated storage facility or port facility and date the engine was 
received at the testing facility;
    (vi) A complete record of all emission tests performed pursuant to 
this subpart (except tests performed directly by EPA), including all 
individual worksheets and/or other documentation relating to each test, 
or exact copies thereof, to be in accordance with the record 
requirements specified in Secs. 90.405, 90.406, 90.418, and/or 90.425 
as applicable.
    (vii) A brief description of any significant audit events 
commencing with the test engine selection process, but not described 
under paragraph (a)(2) of this section, including such extraordinary 
events as engine damage during shipment.
    (3) The manufacturer shall record test equipment description, 
pursuant to paragraph (a)(1) of this section, for each test cell that 
can be used to perform emission testing under this subpart.
    (b) The manufacturer shall retain all records required to be 
maintained under this subpart for a period of one year after completion 
of all testing in response to a test order. Records may be retained as 
hard copy or reduced to microfilm, floppy disc, and so forth, depending 
upon the manufacturer's record retention procedure, provided that in 
every case all the information contained in the hard copy is retained.
    (c) The manufacturer shall, upon request by the Administrator, 
submit the following information with regard to engine production:
    (1) Projected U.S. sales data for each engine configuration within 
each engine family for which certification is requested;
    (2) Number of engines, by configuration and assembly plant, 
scheduled for production for the time period designated in the request;
    (3) Number of engines, by configuration and by assembly plant, 
storage facility or port facility, scheduled to be stored at facilities 
for the time period designated in the request; and
    (4) Number of engines, by configuration and assembly plant, 
produced during the time period designated in the request that are 
complete for introduction into commerce.
    (d) Nothing in this section limits the Administrator's discretion 
in requiring the manufacturer to retain additional records or submit 
information not specifically required by this section.
    (e) The manufacturer shall address all reports, submissions, 
notifications, and requests for approvals made under this subpart to: 
Director, Manufacturers Operations Division, U.S. Environmental 
Protection Agency, 6405-J, 401 M Street S.W., Washington, D.C. 20460.


Sec. 90.506  Right of entry and access.

    (a) To allow the Administrator to determine whether a manufacturer 
is complying with the provisions of this subpart, a test order is 
issued which authorizes EPA enforcement officers or their authorized 
representatives upon presentation of credentials to enter during 
operating hours any of the following places:
    (1) Any facility where any engine to be introduced into commerce, 
including ports of entry, or any emission-related component is 
manufactured, assembled, or stored;
    (2) Any facility where any tests conducted pursuant to a test order 
or any procedures or activities connected with these tests are or were 
performed;
    (3) Any facility where any engine which is being tested, was 
tested, or will be tested is present; and
    (4) Any facility where any record or other document relating to any 
of the above is located.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, EPA enforcement officers or EPA authorized 
representatives are authorized to perform the following inspection-
related activities:
    (1) To inspect and monitor any aspects of engine assembly, storage, 
testing and other procedures, and the facilities in which these 
procedures are conducted;
    (2) To inspect and monitor any aspect of engine test procedures or 
activities, including, but not limited to, engine selection, 
preparation, service accumulation, emission test cycles, and 
maintenance and verification of test equipment calibration;
    (3) To inspect and make copies of any records or documents related 
to the assembly, storage, selection and testing of an engine in 
compliance with a test order; and
    (4) To inspect and photograph any part or aspect of any engine and 
any component used in the assembly thereof that is reasonably related 
to the purpose of the entry.
    (c) EPA enforcement officers or EPA authorized representatives are 
authorized to obtain reasonable assistance without cost from those in 
charge of a facility to help the officers perform any function listed 
in this subpart, and they are authorized to request the recipient of a 
test order to make arrangements with those in charge of a facility 
operated for the manufacturer's benefit to furnish reasonable 
assistance without cost to EPA, whether or not the recipient controls 
the facility.
    (1) Reasonable assistance includes, but is not limited to, 
clerical, copying, interpretation and translation services, the making 
available on an EPA enforcement officer's or EPA authorized 
representative's request of personnel of the facility being inspected 
during their working hours to inform the EPA 

[[Page 34643]]
enforcement officer or EPA authorized representative of how the 
facility operates and to answer the officer's questions, and the 
performance on request of emission tests on any engine which is being, 
has been, or will be used for SEA testing.
    (2) A manufacturer may be compelled to cause the personal 
appearance of any employee at such a facility before an EPA enforcement 
officer or EPA authorized representative by written request for his or 
her appearance, signed by the Assistant Administrator for Air and 
Radiation, served on the manufacturer. Any such employee who has been 
instructed by the manufacturer to appear will be entitled to be 
accompanied, represented, and advised by counsel.
    (d) EPA enforcement officers or EPA authorized representatives are 
authorized to seek a warrant or court order authorizing the EPA 
enforcement officers or EPA authorized representatives to conduct 
activities related to entry and access as authorized in this section, 
as appropriate, to execute the functions specified in this section. EPA 
enforcement officers or authorized representatives may proceed ex parte 
to obtain a warrant whether or not the EPA enforcement officers or EPA 
authorized representatives first attempted to seek permission of the 
recipient of the test order or the party in charge of the facilities in 
question to conduct activities related to entry and access as 
authorized in this section.
    (e) A recipient of a test order shall permit an EPA enforcement 
officer(s) or EPA authorized representative(s) who presents a warrant 
or court order to conduct activities related to entry and access as 
authorized in this section and as described in the warrant or court 
order. The recipient shall also cause those in charge of its facility 
or a facility operated for its benefit to permit entry and access as 
authorized in this section pursuant to a warrant or court order whether 
or not the recipient controls the facility. In the absence of a warrant 
or court order, an EPA enforcement officer(s) or EPA authorized 
representative(s) may conduct activities related to entry and access as 
authorized in this section only upon the consent of the recipient of 
the test order or the party in charge of the facilities in question.
    (f) It is not a violation of this part or of the Clean Air Act for 
any person to refuse to permit an EPA enforcement officer(s) or an EPA 
authorized representative(s) to conduct activities related to entry and 
access as authorized in this section if the officer or representative 
appears without a warrant or court order.
    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign 
law does not prohibit an EPA enforcement officer(s) or an EPA 
authorized representative(s) from conducting the entry and access 
activities specified in this section. EPA will not attempt to make any 
inspections which it has been informed that local foreign law 
prohibits.


Sec. 90.507  Sample selection.

    (a) Engines comprising a test sample will be selected at the 
location and in the manner specified in the test order. If a 
manufacturer determines that the test engines cannot be selected in the 
manner specified in the test order, an alternative selection procedure 
may be employed, provided the manufacturer requests approval of the 
alternative procedure prior to the start of test sample selection, and 
the Administrator approves the procedure.
    (b) The manufacturer shall assemble the test engines of the family 
selected for testing using its normal mass production process for 
engines to be distributed into commerce. If, between the time the 
manufacturer is notified of a test order and the time the manufacturer 
finishes selecting test engines, the manufacturer implements any 
change(s) in its production processes, including quality control, which 
may reasonably be expected to affect the emissions of the engines 
selected, then the manufacturer shall, during the audit, inform the 
Administrator of such changes. If the test engines are selected at a 
location where they do not have their operational and emission control 
systems installed, the test order will specify the manner and location 
for selection of components to complete assembly of the engines. The 
manufacturer shall assemble these components onto the test engines 
using normal assembly and quality control procedures as documented by 
the manufacturer.
    (c) No quality control, testing, or assembly procedures will be 
used on the test engine or any portion thereof, including parts and 
subassemblies, that have not been or will not be used during the 
production and assembly of all other engines of that family, unless the 
Administrator approves the modification in assembly procedures pursuant 
to paragraph (b) of this section.
    (d) The test order may specify that an EPA enforcement officer(s) 
or authorized representative(s), rather than the manufacturer, select 
the test engines according to the method specified in the test order.
    (e) The order in which test engines are selected determines the 
order in which test results are to be used in applying the sampling 
plan in accordance with Sec. 90.510.
    (f) The manufacturer shall keep on hand all untested engines, if 
any, comprising the test sample until a pass or fail decision is 
reached in accordance with Sec. 90.510(e). The manufacturer may ship 
any tested engine which has not failed in accordance with 
Sec. 90.510(b). However, once the manufacturer ships any test engine, 
it relinquishes the prerogative to conduct retests as provided in 
Sec. 90.508(i).


Sec. 90.508  Test procedures.
    (a) For nonroad engines subject to the provisions of this subpart, 
the prescribed test procedures are the appropriate small SI engine test 
procedures as described in subpart E of this part.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or 
modify the engines selected for testing and shall not perform any 
emission tests on engines selected for testing pursuant to the test 
order unless this adjustment, repair, preparation, modification, and/or 
tests are documented in the manufacturer's engine assembly and 
inspection procedures and are actually performed or unless these 
adjustments and/or tests are required or permitted under this subpart 
or are approved in advance by the Administrator.
    (2) The Administrator may adjust or cause to be adjusted any engine 
parameter which the Administrator has determined to be subject to 
adjustment for certification and Selective Enforcement Audit testing in 
accordance with Sec. 90.112(c), to any setting within the physically 
adjustable range of that parameter, as determined by the Administrator 
in accordance with Sec. 90.112(a), prior to the performance of any 
tests. However, if the idle speed parameter is one which the 
Administrator has determined to be subject to adjustment, the 
Administrator shall not adjust it to any setting which causes a lower 
engine idle speed than would have been possible within the physically 
adjustable range of the idle speed parameter if the manufacturer had 
accumulated 12 hours of service on the engine under paragraph (c) of 
this section, all other parameters being identically adjusted for the 
purpose of the comparison. The manufacturer may be requested to supply 
information needed to establish an alternate minimum idle speed. The 
Administrator, in making or specifying 

[[Page 34644]]
these adjustments, may consider the effect of the deviation from the 
manufacturer's recommended setting on emission performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use engines. In determining likelihood, the Administrator 
may consider factors such as, but not limited to, the effect of the 
adjustment on engine performance characteristics and surveillance 
information from similar in-use engines.
    (c) Service Accumulation. Prior to performing exhaust emission 
testing on an SEA test engine, the manufacturer may accumulate on each 
engine a number of hours of service equal to the greater of 12 hours or 
the number of hours the manufacturer accumulated during certification 
on the emission data engine corresponding to the family specified in 
the test order.
    (1) Service accumulation must be performed in a manner using good 
engineering judgment to obtain emission results representative of 
normal production engines. This service accumulation must be consistent 
with the new engine break-in instructions contained in the applicable 
owner's manual.
    (2) The manufacturer shall accumulate service at a minimum rate of 
12 hours per engine during each 24-hour period, unless otherwise 
approved by the Administrator.
    (i) The first 24 hour period for service shall begin as soon as 
authorized checks, inspections, and preparations are completed on each 
engine.
    (ii) The minimum service or mileage accumulation rate does not 
apply on weekends or holidays.
    (iii) If the manufacturer's service or target is less than the 
minimum rate specified (12 hours per day), then the minimum daily 
accumulation rate shall be equal to the manufacturer's service target.
    (3) Service accumulation shall be completed on a sufficient number 
of test engines during consecutive 24-hour periods to assure that the 
number of engines tested per day fulfills the requirements of 
paragraphs (g)(1) and (g)(2) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
engines after selection for testing, nor shall the Administrator allow 
deletion of any engine from the test sequence, unless requested by the 
manufacturer and approved by the Administrator before any engine 
maintenance or deletion.
    (e) The manufacturer shall expeditiously ship test engines from the 
point of selection to the test facility. If the test facility is not 
located at or in close proximity to the point of selection, the 
manufacturer shall assure that test engines arrive at the test facility 
within 24 hours of selection, except that the Administrator may approve 
more time for shipment based upon a request by the manufacturer 
accompanied by a satisfactory justification.
    (f) If an engine cannot complete the service accumulation or an 
emission test because of a malfunction, the manufacturer may request 
that the Administrator authorize either the repair of that engine or 
its deletion from the test sequence.
    (g) Whenever a manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order as to 
which test facility will be used to comply with the test order. If no 
test cells are available at a desired facility, the manufacturer must 
provide alternate testing capability satisfactory to the Administrator.
    (1) A manufacturer with projected nonroad engine sales for the 
United States market for the applicable year of 7,500 or greater shall 
complete emission testing at a minimum rate of two engines per 24-hour 
period, including each voided test.
    (2) A manufacturer with projected nonroad engine sales for the 
United States market for the applicable year of less than 7,500 shall 
complete emission testing at a minimum rate of one engine per 24-hour 
period, including each voided test.
    (3) The Administrator may approve a lower daily rate of emission 
testing based upon a request by a manufacturer accompanied by a 
satisfactory justification.
    (h) The manufacturer shall perform test engine selection, shipping, 
preparation, service accumulation, and testing in such a manner as to 
assure that the audit is performed in an expeditious manner.
    (i) Retesting. (1) The manufacturer may retest any engines tested 
during a Selective Enforcement Audit once a fail decision for the audit 
has been reached in accordance with Sec. 90.510(e).
    (2) The Administrator may approve retesting at other times based 
upon a request by the manufacturer accompanied by a satisfactory 
justification.
    (3) The manufacturer may retest each engine a total of three times. 
The manufacturer shall test each engine or vehicle the same number of 
times. The manufacturer may accumulate additional service before 
conducting a retest, subject to the provisions of paragraph (c) of this 
section.
    (j) A manufacturer may test engines with the test procedure 
specified in subpart E of this part to demonstrate compliance with the 
exhaust emission standards; however, if alternate procedures were used 
in certification pursuant to Sec. 90.120, then those alternate 
procedures shall be used.


Sec. 90.509  Calculation and reporting of test results.

    (a) Initial test results are calculated following the applicable 
test procedure specified in paragraph (a) of Sec. 90.508. The 
manufacturer shall round these results, in accordance with ASTM E29-
93a, to the number of decimal places contained in the applicable 
emission standard expressed to one additional significant figure. ASTM 
E29-93a has been incorporated by reference. See Sec. 90.7.
    (b) Final test results are calculated by summing the initial test 
results derived in paragraph (a) of this section for each test engine, 
dividing by the number of tests conducted on the engine, and rounding 
in accordance with ASTM E29-93a to the same number of decimal places 
contained in the applicable standard expressed to one additional 
significant figure.
    (c) Within five working days after completion of testing of all 
engines pursuant to a test order, the manufacturer shall submit to the 
Administrator a report which includes the following information:
    (1) The location and description of the manufacturer's exhaust 
emission test facilities which were utilized to conduct testing 
reported pursuant to this section;
    (2) The applicable standards or compliance levels against which the 
engines were tested;
    (3) A description of the engine and its associated emission-related 
component selection method used;
    (4) For each test conducted;
    (i) Test engine description, including:
    (A) Configuration and engine family identification;
    (B) Year, make and build date;
    (C) Engine identification number; and
    (D) Number of hours of service accumulated on engine prior to 
testing;
    (ii) Location where service accumulation was conducted and 
description of accumulation procedure and schedule;
    (iii) Test number, date, test procedure used, initial test results 
before and after rounding and final test results for all exhaust 
emission tests, whether valid or invalid, and the reason for 
invalidation, if applicable;
    (iv) A complete description of any modification, repair, 
preparation, 

[[Page 34645]]
maintenance, and/or testing which was performed on the test engine and 
has not been reported pursuant to any other paragraph of this subpart 
and will not be performed on all other production engines;
    (v) Where an engine was deleted from the test sequence by 
authorization of the Administrator, the reason for the deletion;
    (vi) Any other information the Administrator may request relevant 
to the determination as to whether the new engines being manufactured 
by the manufacturer do in fact conform with the regulations with 
respect to which the certificate of conformity was issued; and
    (5) The following statement and endorsement:
    This report is submitted pursuant to Sections 213 and 208 of the 
Clean Air Act. This Selective Enforcement Audit was conducted in 
complete conformance with all applicable regulations under 40 CFR Part 
90 et seq. and the conditions of the test order. No emission-related 
changes to production processes or quality control procedures for the 
engine family tested have been made between receipt of the test order 
and conclusion of the audit. All data and information reported herein 
is, to the best of (Company Name) knowledge, true and accurate. I am 
aware of the penalties associated with violations of the Clean Air Act 
and the regulations thereunder. (Authorized Company Representative.)


Sec. 90.510  Compliance with acceptable quality level and passing and 
failing criteria for selective enforcement audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed engine is one whose final test results pursuant to 
Sec. 90.509(b), for one or more of the applicable pollutants, exceed 
the applicable emission standard.
    (c) The manufacturer shall test engines comprising the test sample 
until a pass decision is reached for all pollutants or a fail decision 
is reached for one pollutant. A pass decision is reached when the 
cumulative number of failed engines, as defined in paragraph (b) of 
this section, for each pollutant is less than or equal to the pass 
decision number, as defined in paragraph (d) of this section, 
appropriate to the cumulative number of engines tested. A fail decision 
is reached when the cumulative number of failed engines for one or more 
pollutants is greater than or equal to the fail decision number, as 
defined in paragraph (d) of this section, appropriate to the cumulative 
number of engines tested.
    (d) The pass and fail decision numbers associated with the 
cumulative number of engines tested are determined by using the tables 
in Appendix A to this subpart, ``Sampling Plans for Selective 
Enforcement Auditing of Small Nonroad Engines,'' appropriate to the 
projected sales as made by the manufacturer in its report to EPA under 
Sec. 90.505(c)(1). In the tables in Appendix A to this subpart, 
sampling plan ``stage'' refers to the cumulative number of engines 
tested. Once a pass or fail decision has been made for a particular 
pollutant, the number of engines with final test results exceeding the 
emission standard for that pollutant shall not be considered any 
further for the purposes of the audit.
    (e) Passing or failing of an SEA occurs when the decision is made 
on the last engine test required to make a decision under paragraph (c) 
of this section.
    (f) The Administrator may terminate testing earlier than required 
in paragraph (c) of this section.


Sec. 90.511  Suspension and revocation of certificates of conformity.

    (a) The certificate of conformity is suspended with respect to any 
engine failing pursuant to Sec. 90.510(b) effective from the time that 
testing of that engine is completed.
    (b) The Administrator may suspend the certificate of conformity for 
a family which does not pass an SEA, pursuant to paragraph 
Sec. 90.510(c), based on the first test or all tests conducted on each 
engine. This suspension will not occur before ten days after failure of 
the audit.
    (c) If the results of testing pursuant to these regulations 
indicate that engines of a particular family produced at one plant of a 
manufacturer do not conform to the regulations with respect to which 
the certificate of conformity was issued, the Administrator may suspend 
the certificate of conformity with respect to that family for engines 
manufactured by the manufacturer at all other plants.
    (d) Notwithstanding the fact that engines described in the 
application may be covered by a certificate of conformity, the 
Administrator may suspend such certificate in whole or in part if the 
Administrator finds any one of the following infractions to be 
substantial:
    (1) The manufacturer refuses to comply with the provisions of a 
test order issued by the Administrator under Sec. 90.503.
    (2) The manufacturer refuses to comply with any of the requirements 
of this subpart.
    (3) The manufacturer submits false or incomplete information in any 
report or information provided to the Administrator under this subpart.
    (4) The manufacturer renders inaccurate any test data submitted 
under this subpart.
    (5) An EPA enforcement officer or EPA authorized representative is 
denied the opportunity to conduct activities related to entry and 
access as authorized in this subpart and a warrant or court order is 
presented to the manufacturer or the party in charge of a facility in 
question.
    (6) An EPA enforcement officer or EPA authorized representative is 
unable to conduct activities related to entry and access as authorized 
in Sec. 90.506 because a manufacturer has located a facility in a 
foreign jurisdiction where local law prohibits those activities.
    (e) The Administrator shall notify the manufacturer in writing of 
any suspension or revocation of a certificate of conformity in whole or 
in part, except that the certificate is immediately suspended with 
respect to any failed engines as provided for in paragraph (a) of this 
section.
    (f) The Administrator may revoke a certificate of conformity for a 
family when the certificate has been suspended pursuant to paragraph 
(b) or (c) of this section if the proposed remedy for the 
nonconformity, as reported by the manufacturer to the Administrator, is 
one requiring a design change or changes to the engine and/or emission 
control system as described in the application for certification of the 
affected family.
    (g) Once a certificate has been suspended for a failed engine, as 
provided for in paragraph (a) of this section, the manufacturer shall 
take the following actions:
    (1) Before the certificate is reinstated for that failed engine;
    (i) Remedy the nonconformity; and
    (ii) Demonstrate that the engine conforms to applicable standards 
by retesting the engine in accordance with these regulations.
    (2) Submit a written report to the Administrator, after successful 
completion of testing on the failed engine, which contains a 
description of the remedy and test results for each engine in addition 
to other information that may be required by this regulation.
    (h) Once a certificate for a failed family has been suspended 
pursuant to paragraph (b) or (c) of this section, the manufacturer 
shall take the following actions before the Administrator will consider 
reinstating the certificate:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the engines, describes the proposed 
remedy, 

[[Page 34646]]
including a description of any proposed quality control and/or quality 
assurance measures to be taken by the manufacturer to prevent future 
occurrences of the problem, and states the date on which the remedies 
will be implemented.
    (2) Demonstrate that the engine family for which the certificate of 
conformity has been suspended does in fact comply with these 
regulations by testing engines selected from normal production runs of 
that engine family, at the plant(s), port facility(ies) or associated 
storage facility(ies) specified by the Administrator, in accordance 
with the conditions specified in the initial test order. If the 
manufacturer elects to continue testing individual engines after 
suspension of a certificate, the certificate is reinstated for an 
engine actually determined to be in conformance with the applicable 
standards through testing in accordance with the applicable test 
procedures, provided that the Administrator has not revoked the 
certificate pursuant to paragraph (f) of this section.
    (i) Once the certificate has been revoked for a family and the 
manufacturer desires to continue introduction into commerce of a 
modified version of that family, the following actions shall be taken 
before the Administrator may consider issuing a certificate for that 
modified family:
    (1) If the Administrator determines that the proposed change(s) in 
engine design may have an effect on emission performance deterioration, 
the Administrator shall notify the manufacturer, within five working 
days after receipt of the report in paragraph (f) of this section, 
whether subsequent testing under this subpart will be sufficient to 
evaluate the proposed change or changes or whether additional testing 
will be required; and
    (2) After implementing the change or changes intended to remedy the 
nonconformity, the manufacturer shall demonstrate that the modified 
engine family does in fact conform with these regulations by testing 
engines selected from normal production runs of that modified engine 
family in accordance with the conditions specified in the initial test 
order. If the subsequent audit results in passing of the audit, the 
Administrator shall reissue the certificate or issue a new certificate, 
as the case may be, to include that family, provided that the 
manufacturer has satisfied the testing requirements of paragraph (i)(1) 
of this section. If the subsequent audit is failed, the revocation 
remains in effect. Any design change approvals under this subpart are 
limited to the family affected by the test order.
    (j) At any time subsequent to an initial suspension of a 
certificate of conformity for a test engine pursuant to paragraph (a) 
of this section, but not later than 15 days or such other period as may 
be allowed by the Administrator after notification of the 
Administrator's decision to suspend or revoke a certificate of 
conformity in whole or in part pursuant to paragraphs (b), (c), or (f) 
of this section, a manufacturer may request a hearing as to whether the 
tests have been properly conducted or any sampling methods have been 
properly applied.
    (k) Any suspension of a certificate of conformity under paragraph 
(d) of this section shall:
    (1) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Secs. 90.512, 
90.513, and 90.514 and
    (2) Not apply to engines no longer in the possession of the 
manufacturer.
    (l) After the Administrator suspends or revokes a certificate of 
conformity pursuant to this section and prior to the commencement of a 
hearing under Sec. 90.512, if the manufacturer demonstrates to the 
Administrator's satisfaction that the decision to suspend, revoke, or 
void the certificate was based on erroneous information, the 
Administrator shall reinstate the certificate.
    (m) To permit a manufacturer to avoid storing non-test engines when 
conducting an audit of a family subsequent to a failure of an SEA and 
while reauditing the failed family it may request that the 
Administrator conditionally reinstate the certificate for that family. 
The Administrator may reinstate the certificate subject to the 
condition that the manufacturer commits to recall all engines of that 
family produced from the time the certificate is conditionally 
reinstated if the family fails the subsequent audit at the level of the 
standard and to remedy any nonconformity at no expense to the owner.


Sec. 90.512  Request for public hearing.

    (a) If the manufacturer disagrees with the Administrator's decision 
to suspend, revoke or void a certificate or disputes the basis for an 
automatic suspension pursuant to Sec. 90.511(a), the manufacturer may 
request a public hearing.
    (b) The manufacturer's request shall be filed with the 
Administrator not later than 15 days after the Administrator's 
notification of his or her decision to suspend or revoke, unless 
otherwise specified by the Administrator. The manufacturer shall 
simultaneously serve two copies of this request upon the Director of 
the Manufacturers Operations Division and file two copies with the 
Hearing Clerk of the Agency. Failure of the manufacturer to request a 
hearing within the time provided constitutes a waiver of the right to a 
hearing. Subsequent to the expiration of the period for requesting a 
hearing as of right, the Administrator may, in his or her discretion 
and for good cause shown, grant the manufacturer a hearing to contest 
the suspension or revocation.
    (c) A manufacturer shall include in the request for a public 
hearing:
    (1) A statement as to which engine configuration(s) within a family 
is to be the subject of the hearing;
    (2) A concise statement of the issues to be raised by the 
manufacturer at the hearing, except that in the case of the hearing 
requested under Sec. 90.511(j), the hearing is restricted to the 
following issues:
    (i) Whether tests have been properly conducted (specifically, 
whether the tests were conducted in accordance with applicable 
regulations under this part and whether test equipment was properly 
calibrated and functioning);
    (ii) Whether sampling plans have been properly applied 
(specifically, whether sampling procedures specified in Appendix A of 
this subpart were followed and whether there exists a basis for 
distinguishing engines produced at plants other than the one from which 
engines were selected for testing which would invalidate the 
Administrator's decision under Sec. 90.511(c));
    (3) A statement specifying reasons why the manufacturer believes it 
will prevail on the merits of each of the issues raised; and
    (4) A summary of the evidence which supports the manufacturer's 
position on each of the issues raised.
    (d) A copy of all requests for public hearings will be kept on file 
in the Office of the Hearing Clerk and will be made available to the 
public during Agency business hours.


Sec. 90.513  Administrative procedures for public hearing.

    (a) The Presiding Officer shall be an Administrative Law Judge 
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as 
amended).
    (b) The Judicial Officer shall be an officer or employee of the 
Agency appointed as a Judicial Officer by the Administrator, pursuant 
to this section, who shall meet the qualifications and perform 
functions as follows: 

[[Page 34647]]

    (1) Qualifications. A Judicial Officer may be a permanent or 
temporary employee of the Agency who performs other duties for the 
Agency. The Judicial Officer shall not be employed by the Office of 
Enforcement or have any connection with the preparation or presentation 
of evidence for a hearing held pursuant to this subpart. The Judicial 
Officer shall be a graduate of an accredited law school and a member in 
good standing of a recognized Bar Association of any state or the 
District of Columbia.
    (2) Functions. The Administrator may consult with the Judicial 
Officer or delegate all or part of the Administrator's authority to act 
in a given case under this section to a Judicial Officer, provided that 
this delegation does not preclude the Judicial Officer from referring 
any motion or case to the Administrator when the Judicial Officer 
determines such referral to be appropriate.
    (c) For the purposes of this section, one or more Judicial Officers 
may be designated. As work requires, a Judicial Officer may be 
designated to act for the purposes of a particular case.
    (d) Summary decision. (1) In the case of a hearing requested under 
Sec. 90.511(j), when it clearly appears from the data and other 
information contained in the request for a hearing that no genuine and 
substantial question of fact exists with respect to the issues 
specified in Sec. 90.512(c)(2), the Administrator shall enter an order 
denying the request for a hearing and reaffirming the original decision 
to suspend or revoke a certificate of conformity, if this decision has 
been made pursuant to Sec. 90.511(e) at any time prior to the decision 
to deny the request for a hearing.
    (2) In the case of a hearing requested under Sec. 90.512 to 
challenge a proposed suspension of a certificate of conformity for the 
reasons specified in Sec. 90.511(d), when it clearly appears from the 
data and other information contained in the request for the hearing 
that no genuine and substantial question of fact exists with respect to 
the issue of whether the refusal to comply with the provisions of a 
test order or any other requirement of Sec. 90.503 was caused by 
conditions and circumstances outside the control of the manufacturer, 
the Administrator shall enter an order denying the request for a 
hearing and suspending the certificate of conformity.
    (3) Any order issued under paragraph (d)(1) or (d)(2) of this 
section has the force and effect of a final decision of the 
Administrator, as issued pursuant to Sec. 90.515.
    (4) If the Administrator determines that a genuine and substantial 
question of fact does exist with respect to any of the issues referred 
to in paragraphs (d)(1) and (d)(2) of this section, the Administrator 
shall grant the request for a hearing and publish a notice of public 
hearing in the Federal Register or by such other means as the 
Administrator finds appropriate to provide notice to the public.
    (e) Filing and service. (1) An original and two copies of all 
documents or papers required or permitted to be filed pursuant to this 
section and Sec. 90.512(c) must be filed with the Hearing Clerk of the 
Agency. Filing is considered timely if mailed, as determined by the 
postmark, to the Hearing Clerk within the time allowed by this section 
and Sec. 90.512(b). If filing is to be accomplished by mailing, the 
documents must be sent to the address set forth in the notice of public 
hearing referred to in paragraph (d)(4) of this section.
    (2) To the maximum extent possible, testimony will be presented in 
written form. Copies of written testimony will be served upon all 
parties as soon as practicable prior to the start of the hearing. A 
certificate of service will be provided on or accompany each document 
or paper filed with the Hearing Clerk. Documents to be served upon the 
Director of the Manufacturers Operations Division must be sent by 
registered mail to: Director, Manufacturers Operations Division, U.S. 
Environmental Protection Agency, 6405-J, 401 M Street S.W., Washington, 
D.C. 20460. Service by registered mail is complete upon mailing.
    (f) Computation of Time. (1) In computing any period of time 
prescribed or allowed by this section, except as otherwise provided, 
the day of the act or event from which the designated period of time 
begins to run is not included. Saturdays, Sundays, and federal legal 
holidays are included in computing the period allowed for the filing of 
any document or paper, except that when the period expires on a 
Saturday, Sunday, or federal legal holiday, the period is extended to 
include the next following business day.
    (2) A prescribed period of time within which a party is required or 
permitted to do an act is computed from the time of service, except 
that when service is accomplished by mail, three days will be added to 
the prescribed period.
    (g) Consolidation. The Administrator or the Presiding Officer in 
his or her discretion may consolidate two or more proceedings to be 
held under this section for the purpose of resolving one or more issues 
whenever it appears that consolidation will expedite or simplify 
consideration of these issues. Consolidation does not affect the right 
of any party to raise issues that could have been raised if 
consolidation had not occurred.
    (h) Hearing Date. To the extent possible, hearings under 
Sec. 90.512 will be scheduled to commence within 14 days of receipt of 
the application in Sec. 90.512.


Sec. 90.514  Hearing procedures.

    The procedures provided in Sec. 86.1014-84 (i) to (s) apply for 
hearings requested pursuant to Sec. 90.512, suspension, revocation, or 
voiding of a certificate of conformity.


Sec. 90.515  Appeal of hearing decision.

    The procedures provided in Sec. 86.1014-84 (t) to (aa) apply for 
appeals filed with respect to hearings held pursuant to Sec. 90.514.


Sec. 90.516  Treatment of confidential information.

    The provisions for treatment of confidential information described 
in Sec. 90.4 apply to this subpart.
Appendix A to Subpart F--Sampling Plans for Selective Enforcement 
Auditing of Small Nonroad Engines

                   Table 1.--Sampling Plan Code Letter                  
------------------------------------------------------------------------
                                                                  Code  
                  Annual engine family sales                     letter 
------------------------------------------------------------------------
50-99........................................................         A 
100-299......................................................         B 
300-499......................................................          C
500 or greater...............................................         D 
------------------------------------------------------------------------


                                                                        

[[Page 34648]]
               Table 2.--Sample Plan for Code Letter ``A''              
                      [Sample inspection criteria]                      
------------------------------------------------------------------------
                               Pass     Fail              Pass     Fail 
           Stage               No.      No.     Stage     No.      No.1 
------------------------------------------------------------------------
 1.........................    (\1\)    (\2\)       16        6       11
 2.........................    (\1\)    (\2\)       17        7       12
 3.........................    (\1\)    (\2\)       18        7       12
 4.........................        0    (\2\)       19        8       13
 5.........................        0    (\2\)       20        8       13
 6.........................        1        6       21        9       14
 7.........................        1        7       22       10       14
 8.........................        2        7       23       10       15
 9.........................        2        8       24       11       15
10.........................        3        8       25       11       16
11.........................        3        8       26       12       16
12.........................        4        9       27       12       17
13.........................        5       10       28       13       17
14.........................        5       10       29       14       17
15.........................        6       11       30       16      17 
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.                    
\2\ Test sample failure not permitted at this stage.                    



              Table 3.--Sampling Plan for Code Letter ``B''             
                      [Sample Inspection Criteria]                      
------------------------------------------------------------------------
                                                          Pass     Fail 
                         Stage                            No.      No.  
------------------------------------------------------------------------
 1....................................................    (\1\)    (\2\)
 2....................................................    (\1\)    (\2\)
 3....................................................    (\1\)    (\2\)
 4....................................................    (\1\)    (\2\)
 5....................................................        0    (\2\)
 6....................................................        1        6
 7....................................................        1        7
 8....................................................        2        7
 9....................................................        2        8
10....................................................        3        8
11....................................................        3        9
12....................................................        4        9
13....................................................        4       10
14....................................................        5       10
15....................................................        5       11
16....................................................        6       12
17....................................................        6       12
18....................................................        7       13
19....................................................        8       13
10....................................................        8       14
21....................................................        9       14
22....................................................        9       15
23....................................................       10       15
24....................................................       10       16
25....................................................       11       16
26....................................................       11       17
27....................................................       12       17
28....................................................       12       18
29....................................................       13       18
30....................................................       13       19
31....................................................       14       19
32....................................................       14       20
33....................................................       15       20
34....................................................       16       21
35....................................................       16       21
36....................................................       17       22
37....................................................       17       22
38....................................................       18       22
39....................................................       18       22
40....................................................       21      22 
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.                    
\2\ Test sample failure not permitted at this stage.                    


              Table 4.--Sampling Plan for Code Letter ``C''             
                      [Sample Inspection Criteria]                      
------------------------------------------------------------------------
                                                          Pass     Fail 
                         Stage                            No.      No.  
------------------------------------------------------------------------
 1....................................................    (\1\)    (\2\)
 2....................................................    (\1\)    (\2\)
 3....................................................    (\1\)    (\2\)
 4....................................................    (\1\)    (\2\)
 5....................................................        0    (\2\)
 6....................................................        0        6
 7....................................................        1        7
 8....................................................        2        7
 9....................................................        2        8
10....................................................        3        9
11....................................................        3        9
12....................................................        4       10
13....................................................        4       10
14....................................................        5       11
15....................................................        5       11
16....................................................        6       12
17....................................................        6       12
18....................................................        7       13
19....................................................        7       13
20....................................................        8       14
21....................................................        8       14
22....................................................        9       15
23....................................................       10       15
24....................................................       10       16
25....................................................       11       16
26....................................................       11       17
27....................................................       12       17
28....................................................       12       18
29....................................................       13       18
30....................................................       13       19
31....................................................       14       19
32....................................................       14       20
33....................................................       15       20
34....................................................       15       21
35....................................................       16       21
36....................................................       16       22
37....................................................       17       22
38....................................................       18       23
39....................................................       18       23
40....................................................       19       24
41....................................................       19       24
42....................................................       20       25
43....................................................       20       25
44....................................................       21       26
45....................................................       21       27
46....................................................       22       27
47....................................................       22       27
48....................................................       23       27
49....................................................       23       27
50....................................................       26       27
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.                    
\2\ Test sample failure not permitted at this stage.                    


              Table 5.--Sampling Plan for Code Letter ``D''             
                      [Sample Inspection Criteria]                      
------------------------------------------------------------------------
                                                          Pass     Fail 
                         Stage                            No.      No.  
------------------------------------------------------------------------
 1....................................................    (\1\)    (\2\)
 2....................................................    (\1\)    (\2\)
 3....................................................    (\1\)    (\2\)
 4....................................................    (\1\)    (\2\)
 5....................................................        0    (\2\)
 6....................................................        0        6
 7....................................................        1        7
 8....................................................        2        8
 9....................................................        2        8
10....................................................        3        9
11....................................................        3        9
12....................................................        4       10
13....................................................        4       10
14....................................................        5       11
15....................................................        5       11
16....................................................        6       12
17....................................................        6       12
18....................................................        7       13
19....................................................        7       13
20....................................................        8       14
21....................................................        8       14

[[Page 34649]]
                                                                        
22....................................................        9       15
23....................................................        9       15
24....................................................       10       16
25....................................................       11       16
26....................................................       11       17
27....................................................       12       17
28....................................................       12       18
29....................................................       13       19
30....................................................       13       19
31....................................................       14       20
32....................................................       14       20
33....................................................       15       21
34....................................................       15       21
35....................................................       16       22
36....................................................       16       22
37....................................................       17       23
38....................................................       17       23
39....................................................       18       24
40....................................................       18       24
41....................................................       19       25
42....................................................       19       26
43....................................................       20       26
44....................................................       21       27
45....................................................       21       27
46....................................................       22       28
47....................................................       22       28
48....................................................       23       29
49....................................................       23       29
50....................................................       24       30
51....................................................       24       30
52....................................................       25       31
53....................................................       25       31
54....................................................       26       32
55....................................................       26       32
56....................................................       27       33
57....................................................       27       33
58....................................................       28       33
59....................................................       28       33
60....................................................       32       33
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.                    
\2\ Test sample failure not permitted at this stage.                    


Subpart G--Importation of Nonconforming Engines


Sec. 90.601  Applicability.

    (a) Except where otherwise indicated, this subpart is applicable to 
engines and vehicles which are offered for importation or imported into 
the United States and for which the Administrator has promulgated 
regulations under subpart B of this part prescribing emission 
standards, but which are not covered by certificates of conformity 
issued under section 213 and section 206(a) of the Clean Air Act (that 
is, which are nonconforming engines as defined below) and under subpart 
B of this part at the time of importation or conditional importation, 
as applicable. Compliance with regulations under this subpart shall not 
relieve any person or entity from compliance with other applicable 
provisions of the Clean Air Act.
    (b) Regulations prescribing further procedures for the importation 
of small SI engines into the Customs territory of the United States, as 
defined in 19 U.S.C. 1202, are set forth in U.S. Customs Service 
regulations.


Sec. 90.602  Definitions.

    The definitions in subpart A of this part apply to this subpart. 
The following definitions also apply to this subpart.
    Certificate of conformity. The document issued by the Administrator 
under section 213 and section 206(a) of the Act.
    Nonconforming engine. An engine which is not covered by a 
certificate of conformity prior to final or conditional admission (or 
for which such coverage has not been adequately demonstrated to EPA).
    Original engine manufacturer (OEM). The entity which originally 
manufactured the engine.
    Original production (OP) year. The calendar year in which the 
engine was originally produced by the OEM.
    Original production (OP) years old. The age of an engine as 
determined by subtracting the original production year of the engine 
from the calendar year of importation.
    Production changes. Those changes in the engine configuration, 
equipment or calibration which are made by an OEM in the course of 
engine production and required to be reported under Sec. 90.123.
    United States. United States includes the Customs territory of the 
United States as defined in 19 U.S.C. 1202, and the Virgin Islands, 
Guam, American Samoa and the Commonwealth of the Northern Mariana 
Islands.


Sec. 90.603  [Reserved]


Sec. 90.604  General requirements.

    (a) A nonconforming engine offered for importation into the United 
States may only be imported for purposes other than resale under 
Sec. 90.611, or under the provisions of Sec. 90.612, provided that an 
exemption or exclusion is granted by the Administrator.
    (b) Final admission shall not be granted unless:
    (1) The engine is imported for purposes other than resale under 
Sec. 90.611; or
    (2) The engine is exempted or excluded under Sec. 90.612.
    (c) An engine offered for importation may be admitted into the 
United States. In order to obtain admission, the importer must submit 
to the Administrator a written request for approval containing the 
following:
    (1) Identification of the importer and the importer's address, 
telephone number, and taxpayer identification number;
    (2) Identification of the engine owner, the owner's address, 
telephone number, and taxpayer identification number;
    (3) Identification of the engine including make, model, 
identification number, and original production year;
    (4) Information indicating under what provision of these 
regulations the engine is to be imported;
    (5) Identification of the place where the subject engine is to be 
stored until EPA approval of the importer's application to the 
Administrator for final admission;
    (6) Authorization for EPA enforcement officers to conduct 
inspections or testing otherwise permitted by the Act or regulations 
thereunder; and
    (7) Such other information as is deemed necessary by the 
Administrator.


Sec. 90.605-90.610  [Reserved]


Sec. 90.611  Importation for purposes other than resale.

    (a) Any individual may import on a one-time basis three or fewer 
nonconforming engines for purposes other than resale. Such importation 
by individuals is permitted without modification to the engines and 
without prior written approval of EPA. Importations under this 
provision shall be made by completing such applications as required by 
the Administrator. Such applications shall contain:
    (1) Identification of the importer of the engine and the importer's 
address, telephone number, and taxpayer identification number;
    (2) Identification of the engine owner, the owner's address, 
telephone number, and taxpayer identification number;
    (3) The number of engines imported under Sec. 90.611 by the 
individual;
    (4) A statement that the individual has not previously imported any 
engines under Sec. 90.611;
    (5) A statement that the individual is not importing the engines 
for the purpose of resale;
    (6) For each engine imported, identification of the engine 
including make, model, identification number, and original production 
year;
    (7) Information indicating under what provision of these 
regulations the engine is to be imported;
    (8) Authorization for EPA enforcement officers to conduct 
inspections permitted by the Act or regulations thereunder;
    (9) Such other information as is deemed necessary by the 
Administrator. 

[[Page 34650]]

    (b) EPA will not require a U.S. Customs Service bond for a 
nonconforming engine which is imported under Sec. 90.611.


Sec. 90.612  Exemptions and exclusions.

    (a) Individuals shall be eligible for importing engines into the 
United States under the provisions of this section, unless otherwise 
specified.
    (b) Notwithstanding other requirements of this subpart, an engine 
entitled to one of the temporary exemptions of this paragraph may be 
conditionally admitted into the United States if prior written approval 
for the conditional admission is obtained from the Administrator. 
Conditional admission is to be under U.S. Customs Service bond. The 
Administrator may request that the U.S. Customs Service require a 
specific bond amount to ensure compliance with the requirements of the 
Act and this subpart. A written request for approval from the 
Administrator is to contain the identification required in 
Sec. 90.604(c) and information that demonstrates that the importer is 
entitled to the exemption. Noncompliance with provisions of this 
section may result in the forfeiture of the total amount of the bond or 
exportation of the engine. The following temporary exemptions are 
permitted by this paragraph:
    (1) Exemption for repairs or alterations. Upon written approval by 
EPA, an owner of engines may conditionally import under bond such 
engines solely for purpose of repair(s) or alteration(s). The engines 
may not be operated in the United States other than for the sole 
purpose of repair or alteration. They may not be sold or leased in the 
United States and are to be exported upon completion of the repair(s) 
or alteration(s).
    (2) Testing exemption. A test engine may be conditionally imported 
by a person subject to the requirements of Sec. 90.905. A test engine 
may be operated in the United States provided that the operation is an 
integral part of the test. This exemption is limited to a period not 
exceeding one year from the date of importation unless a request is 
made by the appropriate importer concerning the engine in accordance 
with Sec. 90.905(f) for a subsequent one-year period.
    (3) Display exemptions.
    (i) An engine intended solely for display may be conditionally 
imported subject to the requirements of Sec. 90.907.
    (ii) A display engine may be imported by any person for purposes 
related to a business or the public interest. Such purposes do not 
include collections normally inaccessible or unavailable to the public 
on a daily basis, display of an engine at a dealership, private use, or 
other purpose that the Administrator determines is not appropriate for 
display exemptions. A display engine may not be sold in the United 
States and may not be operated in the United States except for the 
operation incident and necessary to the display purpose.
    (iii) A temporary display exemption will be granted for 12 months 
(one year) or for the duration of the display purpose, whichever is 
shorter. Two extensions of up to 12 months (one year) each are 
available upon approval by the Administrator. In no circumstances, 
however, may the total period of exemption exceed 36 months (three 
years).
    (c) Notwithstanding any other requirement of this subpart, an 
engine may be finally admitted into the United States under this 
paragraph if prior written approval for such final admission is 
obtained from the Administrator. Conditional admission of these engines 
under this subpart is not permitted for the purpose of obtaining such 
written approval from the Administrator. A request for approval is to 
contain the identification information required in Sec. 90.604(c) and 
information that demonstrates that the importer is entitled to the 
exemption or exclusion. The following exemptions or exclusions are 
permitted by this paragraph:
    (1) National security exemption. An engine may be imported under 
the national security exemption found at Sec. 90.908.
    (2) Hardship exemption. The Administrator may exempt on a case-by-
case basis an engine from federal emission requirements to accommodate 
unforeseen cases of extreme hardship or extraordinary circumstances.
    (3) Exemption for engines identical to United States certified 
versions.
    (i) A person (including businesses) is eligible for importing an 
engine into the United States under the provisions of this paragraph. 
An exemption will be granted if the engine:
    (A) is owned by the importer;
    (B) is not offered for importation for the purpose of resale; and
    (C) is proven to be identical, in all material respects, to an 
engine certified by the original equipment manufacturer (OEM) for sale 
in the United States or is proven to have been modified to be 
identical, in all material respects, to an engine certified by the OEM 
for sale in the United States according to complete written 
instructions provided by the OEM's United States representative, or 
his/her designee.
    (ii) Proof of Conformity. (A) Documentation submitted pursuant to 
this section for the purpose of proving conformity of individual 
engines is to contain sufficiently organized data or evidence 
demonstrating that the engine identified pursuant to Sec. 90.604(c) is 
identical, in all material respects, to an engine identified in an 
OEM's application for certification.
    (B) If the documentation does not contain all the information 
required by this part, or is not sufficiently organized, EPA will 
notify the importer of any areas of inadequacy, and that the 
documentation will not receive further consideration until the required 
information or organization is provided.
    (C) If EPA determines that the documentation does not clearly or 
sufficiently demonstrate that an engine is eligible for importation, 
EPA will notify the importer in writing.
    (D) If EPA determines that the documentation clearly and 
sufficiently demonstrates that an engine is eligible for importation, 
EPA will grant approval for importation and notify the importer in 
writing.
    (d) Foreign diplomatic and military personnel may import a 
nonconforming engine without bond. At the time of admission, the 
importer shall submit to the Administrator the written report required 
in Sec. 90.604(a) and a statement from the U.S. Department of State 
confirming qualification for this exemption. Foreign military personnel 
may, in lieu of a statement from the U.S. Department of State, submit 
to the Administrator a copy of their orders for duty in the United 
States. The engine may not be sold in the United States and must be 
exported if the individual's diplomatic status is no longer applicable, 
as determined by the Department of State, or the foreign military 
orders for duty in the United States are no longer applicable, unless 
subsequently brought into conformity with U.S. emission requirements.
    (e) Competition exclusion. A nonconforming engine may be 
conditionally admitted by any person provided the importer demonstrates 
to the Administrator that the engine is used to propel a nonroad 
vehicle used solely for competition and obtains prior written approval 
from the Administrator. A nonconforming engine imported pursuant to 
this paragraph may not be operated in the United States except for that 
operation incident and necessary for the competition purpose, unless 
subsequently brought into conformity with United States emission 
requirements in accordance with Sec. 90.612(c)(3).
    (f) Exclusions/exemptions based on date of original manufacture.
    (1) Notwithstanding any other requirements of this subpart, engines 


[[Page 34651]]
originally manufactured prior to model year 1997 are excluded from the 
requirements of the Act in accordance with section 213 of the Act and 
may be imported by any person.
    (2) Notwithstanding other requirements of this subpart, an engine 
not subject to an exclusion under Sec. 90.612(f)(1) but greater than 20 
original production (OP) years old is entitled to an exemption from the 
requirements of the Act, provided that it has not been modified in 
those 20 OP years. At the time of admission, the importer shall submit 
to the Administrator the written report required in Sec. 90.604(c).
    (g) An application for exemption and exclusion provided for in 
paragraphs (b), (c), and (e) of this section is to be mailed to: U.S. 
Environmental Protection Agency, Office of Mobile Sources, 
Manufacturers Operations Division (6405-J), 401 M Street, S.W., 
Washington, D.C. 20460, Attention: Imports.


Sec. 90.613  Prohibited acts; penalties.

    (a) The importation of an engine which is not covered by a 
certificate of conformity other than in accordance with this subpart 
and the entry regulations of the U.S. Customs Service is prohibited. 
Failure to comply with this subpart is a violation of section 213(d) 
and section 203 of the Act.
    (b) Unless otherwise permitted by this subpart, during a period of 
conditional admission, the importer of an engine shall not:
    (1) Register, license, or operate the engine in the United States; 
or
    (2) Sell or offer the engine for sale.
    (c) An engine conditionally admitted pursuant to Sec. 90.612(b), 
(d), or (e) and not granted final admission within the period of time 
specified for such conditional admission in the written prior approval 
obtained from EPA, or within such additional time as designated by the 
Administrator, is deemed to be unlawfully imported into the United 
States in violation of section 213(d) and section 203 of the Act, 
unless the engine has been delivered to the U.S. Customs Service for 
export or other disposition under applicable Customs laws and 
regulations. An engine not so delivered is subject to seizure by the 
U.S. Customs Service.
    (d) An importer who violates section 213(d) and section 203 of the 
Act is subject to a civil penalty under section 205 of the Act of not 
more than $25,000 for each engine subject to the violation. In addition 
to the penalty provided in the Act, where applicable, under the 
exemption provisions of Sec. 90.612(b), a person or entity who fails to 
deliver the engine to the U.S. Customs Service is liable for liquidated 
damages in the amount of the bond required by applicable Customs laws 
and regulations.
Sec. 90.614  Treatment of confidential information.

    The provisions for treatment of confidential information described 
in Sec. 90.4 apply to this subpart.

Subpart H--[Reserved]

Subpart I--Emission-related Defect Reporting Requirements, 
Voluntary Emission Recall Program


Sec. 90.801  Applicability.

    The requirements of subpart I are applicable to all nonroad engines 
and vehicles subject to the provisions of subpart A of part 90. The 
requirement to report emission-related defects affecting a given class 
or category of engines will remain applicable for five years from the 
end of the calendar year in which such engines were manufactured.


Sec. 90.802  Definitions.

    The definitions in subpart A of this part apply to this subpart. 
All terms not defined herein or in subpart A have the meaning given 
them in the Act.
    Emission-related defect means a defect in design, materials, or 
workmanship in a device, system, or assembly described in the approved 
application for certification which affects any applicable parameter or 
specification enumerated in 40 CFR part 85, Appendix VIII.
    Voluntary emission recall means a repair, adjustment, or 
modification program voluntarily initiated and conducted by a 
manufacturer to remedy any emission-related defect for which 
notification of engine owners has been provided.


Sec. 90.803  Emission defect information report.

    (a) A manufacturer must file a defect information report whenever, 
on the basis of data obtained subsequent to the effective date of these 
regulations:
    (1) The manufacturer determines, in accordance with procedures 
established by the manufacturer to identify either safety-related or 
performance defects, that a specific emission-related defect exists; 
and
    (2) A specific emission-related defect exists in 25 or more engines 
of a given engine family manufactured in the same certificate or model 
year.
    (b) No report must be filed under this section for any emission-
related defect corrected prior to the sale of the affected engines to 
ultimate purchasers.
    (c) The manufacturer must submit defect information reports to 
EPA's Manufacturers Operations Division not more than 15 working days 
after an emission-related defect is found to affect 25 engines in a 
given engine family manufactured in the same certificate or model year. 
Information required by paragraph (d) of this section that is either 
not available within 15 working days or is significantly revised must 
be submitted to EPA's Manufacturers Operations Division as it becomes 
available.
    (d) Each defect report must contain the following information in 
substantially the format outlined below:
    (1) The manufacturer's corporate name.
    (2) A description of the defect.
    (3) A description of each class or category of engines potentially 
affected by the defect including make, model, model year, calendar year 
produced, and any other information required to identify the engines 
affected.
    (4) For each class or category of engine described in response to 
paragraph (d)(3) of this section, the following must also be provided:
    (i) The number of engines known or estimated to have the defect and 
an explanation of the means by which this number was determined.
    (ii) The address of the plant(s) at which the potentially defective 
engines were produced.
    (5) An evaluation of the emissions impact of the defect and a 
description of any operational problems which a defective engine might 
exhibit.
    (6) Available emission data which relate to the defect.
    (7) An indication of any anticipated manufacturer follow-up.


Sec. 90.804  Voluntary emissions recall.

    (a) When any manufacturer initiates a voluntary emissions recall 
campaign involving 25 or more engines, the manufacturer must submit a 
report describing the manufacturer's voluntary emissions recall plan as 
prescribed by this section within 15 working days of the date owner 
notification was begun. The report must contain the following:
    (1) A description of each class or category of engines recalled 
including the number of engines to be recalled, the model year, the 
make, the model, and such other information as may be required to 
identify the engines recalled;
    (2) A description of the specific modifications, alterations, 
repairs, corrections, adjustments, or other changes to be made to 
correct the engines affected by the emission-related defect; 

[[Page 34652]]

    (3) A description of the method by which the manufacturer will 
notify engine owners and, if applicable, the method by which the 
manufacturer will determine the names and addresses of engine owners;
    (4) A description of the proper maintenance or use, if any, upon 
which the manufacturer conditions eligibility for repair under the 
recall plan, an explanation of the manufacturer's reasons for imposing 
any such conditions, and a description of the proof to be required of 
an engine owner to demonstrate compliance with any such conditions;
    (5) A description of the procedure to be followed by engine owners 
to obtain correction of the nonconformity. This may include designation 
of the date on or after which the owner can have the nonconformity 
remedied, the time reasonably necessary to perform the labor to remedy 
the defect, and the designation of facilities at which the defect can 
be remedied;
    (6) A description of the class of persons other than dealers and 
authorized warranty agents of the manufacturer who will remedy the 
defect;
    (7) When applicable, three copies of any letters of notification to 
be sent engine owners;
    (8) A description of the system by which the manufacturer will 
assure that an adequate supply of parts is available to perform the 
repair under the plan, and that the supply remains both adequate and 
responsive to owner demand;
    (9) Three copies of all necessary instructions to be sent to those 
persons who are to perform the repair under the recall plan;
    (10) A description of the impact of the proposed changes on fuel 
consumption, performance, and safety of each class or category of 
engines to be recalled;
    (11) A sample of any label to be applied to engines which 
participated in the voluntary recall campaign.
    (b) The manufacturer must submit at least one report on the 
progress of the recall campaign. Such report must be submitted no later 
than 18 months from the date notification was begun and include the 
following information:
    (1) The methods used to notify both engine owners, dealers and 
other individuals involved in the recall campaign;
    (2) The number of engines known or estimated to be affected by the 
emission-related defect and an explanation of the means by which this 
number was determined;
    (3) The number of engines actually receiving repair under the plan; 
and
    (4) The number of engines determined to be ineligible for remedial 
action due to a failure to properly maintain or use such engines.


Sec. 90.805  Reports, voluntary recall plan filing, record retention.

    (a) Send the defect report, voluntary recall plan, and the 
voluntary recall progress report to: Director, Manufacturers Operations 
Division, Environmental Protection Agency, 401 M St. S.W., Washington, 
D.C. 20460.
    (b) Retain the information gathered by the manufacturer to compile 
the reports for not less than five years from the date of the 
manufacture of the engines. The manufacturer must make this information 
available to duly authorized officials of the EPA upon request.


Sec. 90.806  Responsibility under other legal provisions preserved.

    The filing of any report under the provisions of this subpart does 
not affect a manufacturer's responsibility to file reports or 
applications, obtain approval, or give notice under any provision of 
law.


Sec. 90.807  Disclaimer of production warranty applicability.

    (a) The act of filing an Emission Defect Information Report is 
inconclusive as to the existence of a defect subject to the warranty 
provided by subpart L of this part.
    (b) A manufacturer may include on each page of its Emission Defect 
Information Report a disclaimer stating that the filing of a Defect 
Information Report pursuant to these regulations is not conclusive as 
to the applicability of the warranty provided by subpart L of this 
part.

Subpart J--Exclusion and Exemption of Nonroad Engines from 
Regulations


Sec. 90.901  Applicability.

    The requirements of subpart J are applicable to all nonroad engines 
and vehicles subject to the provisions of subpart A of part 90.


Sec. 90.902  Definitions.

    The definitions in subpart A of this part apply to this subpart. 
The following definitions also apply to this subpart:
    Exemption means exemption from the prohibitions of Sec. 90.1003.
    Export exemption means an exemption granted under Sec. 90.1004(b) 
for the purpose of exporting new nonroad engines.
    National security exemption means an exemption granted under 
Sec. 90.1004(b) for the purpose of national security.
    Manufacturer-owned nonroad engine means an uncertified nonroad 
engine owned and controlled by a nonroad engine manufacturer and used 
in a manner not involving lease or sale by itself or in a vehicle 
employed from year to year in the ordinary course of business for 
product development, production method assessment, and market promotion 
purposes.
    Testing exemption means an exemption granted under Sec. 90.1004(b) 
for the purpose of research, investigations, studies, demonstrations or 
training, but not including national security.


Sec. 90.903  Exclusions, application of section 216(10) of the Act.

    (a) For the purpose of determining the applicability of section 
216(10) of the Act, an internal combustion engine (including the fuel 
system) that is not used in a motor vehicle is deemed a nonroad engine, 
if it meets the definition in subpart A of this part. For the purpose 
of determining the applicability of section 216(11) of the Act, a 
vehicle powered by a nonroad engine is deemed a nonroad vehicle, if it 
meets the definition in subpart A of this part. Nonroad engines and 
nonroad vehicles do not include features ordinarily associated with 
military combat such as armor and/or weaponry.
    (b) EPA will maintain a list of nonroad engines that have been 
determined to be excluded because they are used solely for competition 
or for combat. This list will be available to the public and may be 
obtained by writing to the following address: Chief, Manufacturers 
Programs Branch, Manufacturers Operations Division (6405-J), 
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
20460.
    (c) Upon written request, EPA will make written determinations as 
to whether certain engines are or are not nonroad engines. Engines that 
are determined not to be nonroad engines are excluded from regulations 
under this part.
Sec. 90.904  Who may request an exemption.

    (a) Any person may request a testing exemption under Sec. 90.905.
    (b) Any nonroad engine manufacturer may request a national security 
exemption under Sec. 90.908.
    (c) For nonroad engine manufacturers, nonroad engines manufactured 
for export purposes are exempt without application, subject to the 
provisions of Sec. 90.909.
    (d) For eligible manufacturers, as determined by Sec. 90.906, 
manufacturer-owned nonroad engines are exempt without application, 
subject to the provisions of Sec. 90.906. 

[[Page 34653]]

    (e) For any person, display nonroad engines are exempt without 
application, subject to the provisions of Sec. 90.907.


Sec. 90.905  Testing exemption.

    (a) Any person requesting a testing exemption must demonstrate the 
following:
    (1) That the proposed test program has a purpose which constitutes 
an appropriate basis for an exemption in accordance with 
Sec. 90.1004(b), and in accordance with subsection (b) of this section;
    (2) That the proposed test program necessitates the granting of an 
exemption, in accordance with subsection (c) of this section;
    (3) That the proposed test program exhibits reasonableness in 
scope, in accordance with subsection (d) of this section; and
    (4) That the proposed test program exhibits a degree of control 
consonant with the purpose of the program and EPA's monitoring 
requirements, in accordance with subsection (e) of this section.
    (b) With respect to the purpose of the proposed test program, an 
appropriate purpose would be research, investigations, studies, 
demonstrations, or training, but not national security. A concise 
statement of purpose is a required item of information.
    (c) With respect to the necessity that an exemption be granted, 
necessity arises from an inability to achieve the stated purpose in a 
practicable manner without performing or causing to be performed one or 
more of the prohibited acts under Sec. 90.1003. In appropriate 
circumstances, time constraints may be a sufficient basis for 
necessity, but the cost of certification alone, in the absence of 
extraordinary circumstances, is not a basis for necessity.
    (d) With respect to reasonableness, a test program must exhibit a 
duration of reasonable length and affect a reasonable number of 
engines. In this regard, required items of information include:
    (1) An estimate of the program's duration; and
    (2) The maximum number of nonroad engines involved.
    (e) With respect to control, the test program must incorporate 
procedures consistent with the purpose of the test and be capable of 
affording EPA monitoring capability. As a minimum, required items of 
information include:
    (1) The technical nature of the test;
    (2) The site of the test;
    (3) The duration and accumulated engine operation associated with 
the test;
    (4) The ownership arrangement with regard to the engines involved 
in the test;
    (5) The intended final disposition of the engines;
    (6) The manner in which the engines used in the test will be 
identified, and that identification recorded, and made available; and
    (7) The means or procedure whereby test results will be recorded.
    (f) A manufacturer of new nonroad engines may request a testing 
exemption to cover nonroad engines intended for use in test programs 
planned or anticipated over the course of a subsequent one-year period. 
Unless otherwise required by the Director, Manufacturers Operations 
Division, a manufacturer requesting such an exemption need only furnish 
the information required by paragraphs (a)(1) and (d)(2) of this 
section along with a description of the recordkeeping and control 
procedures that will be employed to assure that the engines are used 
for purposes consistent with Sec. 90.1004(b).


Sec. 90.906  Manufacturer-owned exemption and precertification 
exemption.
    (a) Except as provided in paragraph (b) of this section, any 
manufacturer-owned nonroad engine, as defined by Sec. 90.902, is exempt 
from Sec. 90.1003, without application, if the manufacturer complies 
with the following terms and conditions:
    (1) The manufacturer must establish, maintain, and retain the 
following adequately organized and indexed information on each exempted 
engine:
    (i) Engine identification number;
    (ii) Use of the engine on exempt status; and
    (iii) Final disposition of any engine removed from exempt status.
    (2) The manufacturer must provide right of entry and access to 
these records to EPA authorized representatives as required by 
Sec. 90.506.
    (3) Unless the requirement is waived or an alternative procedure is 
approved by the Director, Manufacturers Operations Division, the 
manufacturer must permanently affix a label to each nonroad engine on 
exempt status. This label should:
    (i) Be affixed in a readily visible portion of the engine;
    (ii) Be attached in such a manner that it cannot be removed without 
destruction or defacement;
    (iii) State in the English language and in block letters and 
numerals of a color that contrasts with the background of the label, 
the following information:
    (A) The label heading ``Emission Control Information;''
    (B) Full corporate name and trademark of manufacturer;
    (C) Engine displacement, engine family identification, and model 
year of engine; or person or office to be contacted for further 
information about the engine;
    (D) The statement ``This nonroad engine is exempt from the 
prohibitions of 40 CFR 90.1003.''
    (4) No provision of paragraph (a)(3) of this section prevents a 
manufacturer from including any other information it desires on the 
label.


Sec. 90.907  Display exemption.

    Where an uncertified nonroad engine is a display engine to be used 
solely for display purposes, will only be operated incident and 
necessary to the display purpose, and will not be sold unless an 
applicable certificate of conformity has been received or the engine 
has been finally admitted pursuant to subpart G of this part, no 
request for exemption of the engine is necessary.


Sec. 90.908  National security exemption.

    A manufacturer requesting a national security exemption must state 
the purpose for which the exemption is required and the request must be 
endorsed by an agency of the federal government charged with 
responsibility for national defense.


Sec. 90.909  Export exemptions.

    (a) A new nonroad engine intended solely for export, and so labeled 
or tagged on the outside of the container and on the engine itself, is 
subject to the provisions of Sec. 90.1003, unless the importing country 
has new nonroad engine emission standards which differ from EPA 
standards.
    (b) For the purpose of paragraph (a) of this section, a country 
having no standards, whatsoever, is deemed to be a country having 
emission standards which differ from EPA standards.
    (c) EPA will maintain a list of foreign countries that have in 
force nonroad emission standards identical to U.S. EPA standards and 
have so notified EPA. This list may be obtained by writing to the 
following address: Chief, Manufacturers Programs Branch, Manufacturers 
Operations Division (6405-J), Environmental Protection Agency, 401 M 
Street, S.W., Washington, D.C. 20460. New nonroad engines exported to 
such countries must comply with U.S. EPA certification regulations.
    (d) It is a condition of any exemption for the purpose of export 
under Sec. 90.1004(b) that such exemption be void ab initio with 
respect to a new nonroad engine intended solely for 

[[Page 34654]]
export if such nonroad engine is sold, or offered for sale, to an 
ultimate purchaser in the United States for purposes other than export.


Sec. 90.910  Granting of exemptions.
    (a) If upon completion of the review of an exemption request made 
pursuant to Sec. 90.905 or Sec. 90.908, EPA determines it is 
appropriate to grant such an exemption, a memorandum of exemption is to 
be prepared and submitted to the person requesting the exemption. The 
memorandum is to set forth the basis for the exemption, its scope, and 
such terms and conditions as are deemed necessary. Such terms and 
conditions generally include, but are not limited to, agreements by the 
applicant to conduct the exempt activity in the manner described to 
EPA, create and maintain adequate records accessible to EPA at 
reasonable times, employ labels for the exempt engines setting forth 
the nature of the exemption, take appropriate measures to assure that 
the terms of the exemption are met, and advise EPA of the termination 
of the activity and the ultimate disposition of the engines.
    (b) Any exemption granted pursuant to paragraph (a) of this section 
is deemed to cover any subject engine only to the extent that the 
specified terms and conditions are complied with. A breach of any term 
or condition causes the exemption to be void ab initio with respect to 
any engine. Consequently, the causing or the performing of an act 
prohibited under Sec. 90.1003(a) (1) or (3), other than in strict 
conformity with all terms and conditions of this exemption, renders the 
person to whom the exemption is granted, and any other person to whom 
the provisions of Sec. 90.1003 are applicable, liable to suit under 
sections 204 and 205 of the Act.


Sec. 90.911  Submission of exemption requests.

    Requests for exemption or further information concerning exemptions 
and/or the exemption request review procedure should be addressed to: 
Chief, Manufacturers Programs Branch, Manufacturers Operations Division 
(6405-J), Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460.


Sec. 90.912  Treatment of confidential information.

    The provisions for treatment of confidential information described 
in Sec. 90.4 apply to this subpart.

Subpart K--Prohibited Acts and General Enforcement Provisions


Sec. 90.1001  Applicability.

    The requirements of subpart K are applicable to all nonroad engines 
and vehicles subject to the provisions of subpart A of part 90.


Sec. 90.1002  Definitions.

    The definitions in subpart A of this part apply to this subpart. 
All terms not defined herein or in subpart A have the meaning given 
them in the Act.


Sec. 90.1003  Prohibited acts.

    (a) The following acts and the causing thereof are prohibited:
    (1)(i) In the case of a manufacturer of new nonroad engines or 
vehicles for distribution in commerce, the sale, the offering for sale, 
or the introduction, or delivery for introduction, into commerce, of 
any new nonroad engine manufactured after the applicable effective date 
under this part unless such engine is covered by a certificate of 
conformity issued (and in effect) under regulations found in this part.
    (ii) In the case of any person, except as provided by regulation of 
the Administrator, the importation into the United States of any new 
nonroad engine manufactured after the applicable effective date under 
this part unless such engine is covered by a certificate of conformity 
issued (and in effect) under regulations found in this part.
    (2)(i) For a person to fail or refuse to permit access to or 
copying of records or to fail to make reports or provide information 
required under Sec. 90.1004.
    (ii) For a person to fail or refuse to permit entry, testing or 
inspection authorized under Secs. 90.126, 90.506 or 90.1004.
    (iii) For a person to fail or refuse to perform tests, or to have 
tests performed as required under Secs. 90.119, 90.504 or 90.1004.
    (iv) For a person to fail to establish or maintain records as 
required under Sec. 90.1004.
    (3)(i) For a person to remove or render inoperative a device or 
element of design installed on or in a nonroad engine in compliance 
with regulations under this part prior to its sale and delivery to the 
ultimate purchaser, or for a person knowingly to remove or render 
inoperative such a device or element of design after the sale and 
delivery to the ultimate purchaser; or
    (ii) For a person to manufacture, sell or offer to sell, or 
install, a part or component intended for use with, or as part of, a 
nonroad engine, where a principal effect of the part or component is to 
bypass, defeat, or render inoperative a device or element of design 
installed on or in a nonroad engine in compliance with regulations 
issued under this part, and where the person knows or should know that 
the part or component is being offered for sale or installed for this 
use or put to such use.
    (4) For a manufacturer of a new nonroad engine subject to standards 
prescribed under this part:
    (i) To sell, offer for sale, or introduce or deliver into commerce, 
a nonroad engine unless the manufacturer has complied with the 
requirements of Sec. 90.1102.
    (ii) To sell, offer for sale, or introduce or deliver into 
commerce, a nonroad engine unless a label or tag is affixed to the 
engine in accordance with regulations under this part.
    (iii) To provide directly or indirectly in any communication to the 
ultimate purchaser or a subsequent purchaser that the coverage of a 
warranty under the Act is conditioned upon use of a part, component, or 
system manufactured by the manufacturer or a person acting for the 
manufacturer or under its control, or conditioned upon service 
performed by such persons, except as provided in subpart L of this 
part.
    (iv) To fail or refuse to comply with the terms and conditions of 
the warranty under subpart L of this part.
    (5) For a manufacturer of new nonroad vehicles to distribute in 
commerce, sell, offer for sale, or introduce into commerce, nonroad 
vehicles which contain an engine not covered by a certificate of 
conformity (except as specified in paragraph (b)(4) of this section) or 
which contain a handheld engine in a nonhandheld vehicle.
    (6) For a person to circumvent or attempt to circumvent the 
residence time requirements of Paragraph (a) (2)(iii) of this Section 
of the nonroad engine definition in Sec. 90.3.
    (b) For the purposes of enforcement of this part, the following 
apply:
    (1) Nothing in paragraph (a) of this section is to be construed to 
require the use of manufacturer parts in maintaining or repairing a 
nonroad engine.
    (2) Actions for the purpose of repair or replacement of a device or 
element of design or any other item are not considered prohibited acts 
under Sec. 90.1003(a) if the actions are a necessary and temporary 
procedure, the device or element is replaced upon completion of the 
procedure, and the action results in the proper functioning of the 
device or element of design. 

[[Page 34655]]

    (3) Actions for the purpose of a conversion of a nonroad engine for 
use of a clean alternative fuel (as defined in Title II of the Act) are 
not considered prohibited acts under Sec. 90.1003(a) if:
    (i) The vehicle complies with the applicable standard when 
operating on the alternative fuel, and the device or element is 
replaced upon completion of the conversion procedure, and
    (ii) In the case of engines converted to dual fuel or flexible use, 
the action results in proper functioning of the device or element when 
the nonroad engine operates on conventional fuel.
    (4) Certified nonroad engines shall be used in all vehicles that 
are self-propelled, portable, transportable, or are intended to be 
propelled while performing their function unless the manufacturer of 
the vehicle can prove that the vehicle will be used in a manner 
consistent with paragraph (2) of the definition of nonroad engine in 
Sec. 90.3 of this part. Nonroad vehicle manufacturers may continue to 
use noncertified nonroad engines built prior to the effective date 
until noncertified engine inventories are depleted; however, 
stockpiling (i.e., build up of an inventory of engines outside of 
normal business practices) of noncertified nonroad engines will be 
considered a violation of this section.


Sec. 90.1004  General enforcement provisions.

    (a) Information collection provisions. (1) Every manufacturer of 
new nonroad engines and other persons subject to the requirements of 
this part must establish and maintain records, perform tests where such 
testing is not otherwise reasonably available under this part, make 
reports and provide information the Administrator may reasonably 
require to determine whether the manufacturer or other person has acted 
or is acting in compliance with this part or to otherwise carry out the 
provisions of this part, and must, upon request of an officer or 
employee duly designated by the Administrator, permit the officer or 
employee at reasonable times to have access to and copy such records. 
The manufacturer shall comply in all respects with the requirements of 
subpart I of this part.
    (2) For purposes of enforcement of this part, an officer or 
employee duly designated by the Administrator, upon presenting 
appropriate credentials, is authorized:
    (i) To enter, at reasonable times, any establishment of the 
manufacturer, or of any person whom the manufacturer engaged to perform 
any activity required under paragraph (a)(1) of this section, for the 
purposes of inspecting or observing any activity conducted pursuant to 
paragraph (a)(1) of this section; and
    (ii) To inspect records, files, papers, processes, controls, and 
facilities used in performing an activity required by paragraph (a)(1) 
of this section, by the manufacturer or by a person whom the 
manufacturer engaged to perform the activity.
    (b) Exemption provision. The Administrator may exempt a new nonroad 
engine from Sec. 90.1003 upon such terms and conditions as the 
Administrator may find necessary for the purpose of export, research, 
investigations, studies, demonstrations, or training, or for reasons of 
national security.
    (c) Importation provision. (1) A new nonroad engine or vehicle 
offered for importation or imported by a person in violation of 
Sec. 90.1003 is to be refused admission into the United States, but the 
Secretary of the Treasury and the Administrator may, by joint 
regulation, provide for deferring a final determination as to admission 
and authorizing the delivery of such a nonroad engine offered for 
import to the owner or consignee thereof upon such terms and conditions 
(including the furnishing of a bond) as may appear to them appropriate 
to insure that the nonroad engine will be brought into conformity with 
the standards, requirements, and limitations applicable to it under 
this part.
    (2) If a nonroad engine is finally refused admission under this 
paragraph, the Secretary of the Treasury shall cause disposition 
thereof in accordance with the customs laws unless it is exported, 
under regulations prescribed by the Secretary, within 90 days of the 
date of notice of the refusal or additional time as may be permitted 
pursuant to the regulations.
    (3) Disposition in accordance with the customs laws may not be made 
in such manner as may result, directly or indirectly, in the sale, to 
the ultimate purchaser, of a new nonroad engine that fails to comply 
with applicable standards of the Administrator under this part.
    (d) Export provision. A new nonroad engine intended solely for 
export, and so labeled or tagged on the outside of the container and on 
the engine itself, shall be subject to the provisions of Sec. 90.1003, 
except that if the country that is to receive the engine has emission 
standards that differ from the standards prescribed under subpart B of 
this part, then the engine must comply with the standards of the 
country that is to receive the engine.


Sec. 90.1005  Injunction proceedings for prohibited acts.

    (a) The district courts of the United States have jurisdiction to 
restrain violations of Sec. 90.1003.
    (b) Actions to restrain such violations must be brought by and in 
the name of the United States. In an action, subpoenas for witnesses 
who are required to attend a district court in any district may run 
into any other district.


Sec. 90.1006  Penalties.

    (a) Violations. A violation of the requirements of this subpart is 
a violation of the applicable provisions of the Act and is subject to 
the penalty provisions thereunder.
    (1) A person who violates Sec. 90.1003(a)(1), (a)(4), or (a)(5), or 
a manufacturer or dealer who violates Sec. 90.1003(a)(3)(i), is subject 
to a civil penalty of not more than $25,000 for each violation.
    (2) A person other than a manufacturer or dealer who violates 
Sec. 90.1003(a)(3)(i) or any person who violates Sec. 90.1003(a)(3)(ii) 
is subject to a civil penalty of not more than $2,500 for each 
violation.
    (3) A violation with respect to Sec. 90.1003(a)(1), (a)(3)(i), 
(a)(4), or (a)(5) constitutes a separate offense with respect to each 
nonroad engine.
    (4) A violation with respect to Sec. 90.1003(a)(3)(ii) constitutes 
a separate offense with respect to each part or component. Each day of 
a violation with respect to Sec. 90.1003(a)(6) constitutes a separate 
offense.
    (5) A person who violates Sec. 90.1003(a)(2) or (a)(6) is subject 
to a civil penalty of not more than $25,000 per day of violation.
    (b) Civil actions. The Administrator may commence a civil action to 
assess and recover any civil penalty under paragraph (a) of this 
section.
    (1) An action under this paragraph may be brought in the district 
court of the United States for the district in which the violation is 
alleged to have occurred, the defendant resides, or the Administrator's 
principal place of business is located, and in which the court has 
jurisdiction to assess a civil penalty.
    (2) In determining the amount of a civil penalty to be assessed 
under this paragraph, the court is to take into account the gravity of 
the violation, the economic benefit or savings (if any) resulting from 
the violation, the size of the violator's business, the violator's 
history of compliance with Title II of the Act, action taken to remedy 
the violation, the effect of the penalty on the violator's ability to 
continue in 

[[Page 34656]]
business, and such other matters as justice may require.
    (3) In any such action, subpoenas for witnesses who are required to 
attend a district court in any district may run into any other 
district.
    (c) Administrative assessment of certain penalties. (1) 
Administrative penalty authority. In lieu of commencing a civil action 
under paragraph (b) of this section, the Administrator shall assess any 
civil penalty prescribed in paragraph (a) of this section, except that 
the maximum amount of penalty sought against each violator in a penalty 
assessment proceeding can not exceed $200,000, unless the Administrator 
and the Attorney General jointly determine that a matter involving a 
larger penalty amount is appropriate for administrative penalty 
assessment. Any such determination by the Administrator and the 
Attorney General is not subject to judicial review. Assessment of a 
civil penalty is made by an order made on the record after opportunity 
for a hearing held in accordance with the procedures found at part 22 
of this chapter. The Administrator may compromise, or remit, with or 
without conditions, any administrative penalty which may be imposed 
under this section.
    (2) Determining amount. In determining the amount of any civil 
penalty assessed under this subsection, the Administrator is to take 
into account the gravity of the violation, the economic benefit or 
savings (if any) resulting from the violation, the size of the 
violator's business, the violator's history of compliance with Title II 
of the Act, action taken to remedy the violation, the effect of the 
penalty on the violator's ability to continue in business, and such 
other matters as justice may require.
    (3) Effect of administrator's action. (i) Action by the 
Administrator under this paragraph does not affect or limit the 
Administrator's authority to enforce any provisions of this part; 
except that any violation with respect to which the Administrator has 
commenced and is diligently prosecuting an action under this part, or 
for which the Administrator has issued a final order not subject to 
further judicial review and for which the violator has paid a penalty 
assessment under this part may not be the subject of a civil penalty 
action under paragraph (b) of this section.
    (ii) No action by the Administrator under this part affects a 
person's obligation to comply with a section of this part.
    (4) Finality of order. An order issued under this part becomes 
final 30 days after its issuance unless a petition for judicial review 
is filed under paragraph (c)(5) of this section.
    (5) Judicial review. (i) A person against whom a civil penalty is 
assessed in accordance with this part may seek review of the assessment 
in the United States District Court for the District of Columbia or for 
the district in which the violation is alleged to have occurred, in 
which such person resides, or where the person's principle place of 
business is located, within the 30-day period beginning on the date a 
civil penalty order is issued. The person must simultaneously send a 
copy of the filing by certified mail to the Administrator and the 
Attorney General.
    (ii) The Administrator must file in the court within 30 days a 
certified copy, or certified index, as appropriate, of the record on 
which the order was issued. The court is not to set aside or remand any 
order issued in accordance with the requirements of this paragraph 
unless substantial evidence does not exist in the record, taken as a 
whole, to support the finding of a violation or unless the 
Administrator's assessment of the penalty constitutes an abuse of 
discretion, and the court is not to impose additional civil penalties 
unless the Administrator's assessment of the penalty constitutes an 
abuse of discretion. In any proceedings, the United States may seek to 
recover civil penalties assessed under this section.
    (6) Collection. (i) If any person fails to pay an assessment of a 
civil penalty imposed by the Administrator as provided in this part 
after the order making the assessment has become final or after a court 
in an action brought under paragraph (c)(5) of this section has entered 
a final judgment in favor of the Administrator, the Administrator is to 
request that the Attorney General bring a civil action in an 
appropriate district court to recover the amount assessed (plus 
interest at rates established pursuant to section 6621(a)(2) of the 
Internal Revenue Code of 1986 from the date of the final order or the 
date of final judgment, as the case may be). In such an action, the 
validity, amount, and appropriateness of the penalty are not subject to 
review.
    (ii) A person who fails to pay on a timely basis the amount of an 
assessment of a civil penalty as described in paragraph (c)(6)(i) of 
this section is required to pay, in addition to that amount and 
interest, the United States' enforcement expenses, including attorney's 
fees and costs for collection proceedings, and a quarterly nonpayment 
penalty for each quarter during which the failure to pay persists. The 
nonpayment penalty is an amount equal to 10 percent of the aggregate 
amount of that person's penalties and nonpayment penalties which are 
unpaid as of the beginning of such quarter.
Subpart L--Emission Warranty and Maintenance Instructions


Sec. 90.1101  Applicability.

    The requirements of subpart L are applicable to all nonroad engines 
and vehicles subject to the provisions of subpart A of part 90.


Sec. 90.1102  Definitions.

    The definitions of subpart A of this part apply to this subpart.


Sec. 90.1103  Emission warranty, warranty period.

    (a) Warranties imposed by this subpart shall be for the first two 
years of engine use from the date of sale to the ultimate purchaser.
    (b) The manufacturer of each new nonroad engine must warrant to the 
ultimate purchaser and each subsequent purchaser that the engine is 
designed, built, and equipped so as to conform at the time of sale with 
applicable regulations under section 213 of the Act, and the engine is 
free from defects in materials and workmanship which cause such engine 
to fail to conform with applicable regulations for its warranty period.
    (c) In the case of a nonroad engine part, the manufacturer or 
rebuilder of the part may certify according to Sec. 85.2112 of this 
chapter that use of the part will not result in a failure of the engine 
to comply with emission standards promulgated in this part.
    (d) For the purposes of this section, the owner of any nonroad 
engine warranted under this part is responsible for the proper 
maintenance of the engine as stated in the manufacturer's written 
instructions. Proper maintenance generally includes replacement and 
service, at the owner's expense at a service establishment or facility 
of the owner's choosing, such items as spark plugs, points, condensers, 
and any other part, item, or device related to emission control (but 
not designed for emission control) under the terms of the last sentence 
of section 207(a)(3) of the Act, unless such part, item, or device is 
covered by any warranty not mandated by this Act.


Sec. 90.1104  Furnishing of maintenance instructions to ultimate 
purchaser.

    (a) The manufacturer must furnish or cause to be furnished to the 
ultimate purchaser of each new nonroad engine written instructions for 
the maintenance needed to assure proper functioning of the emission 
control system. 

[[Page 34657]]

    (b) The manufacturer must provide in boldface type on the first 
page of the written maintenance instructions notice that maintenance, 
replacement, or repair of the emission control devices and systems may 
be performed by any nonroad engine repair establishment or individual.
    (c) The instructions under paragraph (b) of this section will not 
include any condition on the ultimate purchaser's using, in connection 
with such engine, any component or service (other than a component or 
service provided without charge under the terms of the purchase 
agreement) which is identified by brand, trade, or corporate name. Such 
instructions also will not directly or indirectly distinguish between 
service performed by the franchised dealers of such manufacturer or any 
other service establishments with which such manufacturer has a 
commercial relationship and service performed by independent nonroad 
engine repair facilities with which such manufacturer has no commercial 
relationship.
    (d) The prohibition of paragraph (c) of this section may be waived 
by the Administrator if:
    (1) The manufacturer satisfies the Administrator that the engine 
will function properly only if the component or service so identified 
is used in connection with such engine; and
    (2) The Administrator finds that such a waiver is in the public 
interest.
[FR Doc. 95-14221 Filed 6-30-95; 8:45 am]
BILLING CODE 6560-50-P