(2) In 40 CFR 1065.10 and 1065.12 we specify information needs for
establishing various changes to published test procedures.
    (3) In 40 CFR 1065.25 we establish basic guidelines for storing
test information.
    (4) In 40 CFR 1065.695 we identify data that may be appropriate for
collecting during testing of in-use engines using portable analyzers.
    (d) We specify the following requirements related to the general
compliance provisions in 40 CFR part 1068:
    (1) In 40 CFR 1068.5 we establish a process for evaluating good
engineering judgment related to testing and certification.
    (2) In 40 CFR 1068.25 we describe general provisions related to
sending and keeping information.
    (3) In 40 CFR 1068.27 we require manufacturers to make engines
available for our testing or inspection if we make such a request.
    (4) In 40 CFR 1068.105 we require equipment manufacturers to keep
certain records related to duplicate labels from engine manufacturers.
    (5) In 40 CFR 1068.120 we specify recordkeeping related to
rebuilding engines.
    (6) In 40 CFR part 1068, subpart C, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to various exemptions.
    (7) In 40 CFR part 1068, subpart D, we identify several reporting
and recordkeeping items for making demonstrations and getting approval
related to importing engines.
    (8) In 40 CFR 1068.450 and 1068.455 we specify certain records
related to testing production-line engines in a selective enforcement
audit.
    (9) In 40 CFR 1068.501 we specify certain records related to
investigating and reporting emission-related defects.

    (10) In 40 CFR 1068.525 and 1068.530 we specify certain records
related to recalling nonconforming engines.

Appendix I to Part 1054--Summary of Previous Emission Standards

    The following standards apply to nonroad spark-ignition engines
produced before the model years specified in Sec.  1054.1:
    (a) Handheld engines. Phase 1 and Phase 2 standards apply for
handheld engines as specified in 40 CFR 90.103 and summarized in the
following tables:

              Table 1 to Appendix I.--Phase 1 Emission Standards for Handheld Engines (g/kW-hr) \a\
----------------------------------------------------------------------------------------------------------------
                    Engine displacement class                           HC              NOX             CO
----------------------------------------------------------------------------------------------------------------
Class III.......................................................             295            5.36             805
Class IV........................................................             241            5.36             805
Class V.........................................................             161            5.36            603
----------------------------------------------------------------------------------------------------------------
\a\ Phase 1 standards are based on testing with new engines only.

 Table 2 to Appendix I.--Phase 2 Emission Standards for Handheld Engines
                              (g/kW-hr) \a\
------------------------------------------------------------------------
        Engine displacement class             HC+NOX            CO
------------------------------------------------------------------------
Class III...............................              50             805
Class IV................................              50             805
Class V.................................              72             603
------------------------------------------------------------------------
\a\ The standards shown are the fully phased-in standards. See 40 CFR
  90.103 for standards that applied during the phase-in period.

    (b) Nonhandheld engines. Phase 1 and Phase 2 standards apply for
nonhandheld engines as specified in 40 CFR 90.103 and summarized in
the following tables:

   Table 3 to Appendix I.--Phase 1 Emission Standards for Nonhandheld
                          Engines (g/kW-hr) \a\
------------------------------------------------------------------------
        Engine displacement class             HC+NOX            CO
------------------------------------------------------------------------
Class I.................................            16.1             519
Class II................................            13.4            519
------------------------------------------------------------------------
\a\ Phase 1 standards are based on testing with new engines only.

              Table 4 to Appendix I.--Phase 2 Emission Standards for Nonhandheld Engines (g/kW-hr)
----------------------------------------------------------------------------------------------------------------
                   Engine displacement class                         HC+NOX          NMHC+NOX           CO
----------------------------------------------------------------------------------------------------------------
Class I-A.....................................................             50    ...............             610
Class I-B.....................................................             40               37               610
Class I.......................................................             16.1             14.8             610
Class II \a\..................................................             12.1             11.3            610
----------------------------------------------------------------------------------------------------------------
\a\ The Class II standards shown are the fully phased-in standards. See 40 CFR 90.103 for standards that applied
  during the phase-in period.

Appendix II to Part 1054--Duty Cycles for Laboratory Testing

    (a) Test handheld engines with the following steady-state duty
cycle:

------------------------------------------------------------------------
                                                      Torque
         G3 mode number           Engine speed \a\  (percent)  Weighting
                                                       \b\      factors
------------------------------------------------------------------------
1..............................  Rated speed......        100       0.85
2..............................  Idle speed.......          0      0.15
------------------------------------------------------------------------
\a\ ``Rated speed'' is defined in Sec.   1054.801; ``Idle speed'' is
  defined in 40 CFR part 1065.1001.
\b\ The percent torque is relative to maximum test torque.

    (b) Test nonhandheld engines with one of the following steady-
state duty cycles:
    (1) The following duty cycle applies for discrete-mode testing:

------------------------------------------------------------------------
                                                     Torque
                G2 mode number \a\                 (percent)   Weighting
                                                      \b\       factors
------------------------------------------------------------------------
1................................................        100        0.09
2................................................         75        0.2
3................................................         50        0.29
4................................................         25        0.3
5................................................         10        0.07
6................................................          0        0.05
------------------------------------------------------------------------
\a\ Control engine speed as described in Sec.   1054.505. Control engine
  speed for Mode 6 as described in Sec.   1054.505(c) for idle
  operation.
\b\ The percent torque is relative to the value established for full-
  load torque, as described in Sec.   1054.505.

    (2) The following duty cycle applies for ramped-modal testing:

------------------------------------------------------------------------
                                       Time in
            RMC mode \a\                 mode     Torque  (percent) b, c
                                      (seconds)
------------------------------------------------------------------------
1a Steady-state.....................         41  0
1b Transition.......................         20  Linear Transition
2a Steady-state.....................        135  100
2b Transition.......................         20  Linear Transition
3a Steady-state.....................        112  10
3b Transition.......................         20  Linear Transition
4a Steady-state.....................        337  75
4b Transition.......................         20  Linear Transition
5a Steady-state.....................        518  25
5b Transition.......................         20  Linear Transition
6a Steady-state.....................        494  50
6b Transition.......................         20  Linear Transition

[[Continued on page 28347]]

]

[[pp. 28347-28393]] Control of Emissions from Nonroad Spark-Ignition Engines and
Equipment

[[Continued from page 28346]]

7 Steady-state......................         43  0
------------------------------------------------------------------------
\a\ Control engine speed as described in Sec.   1054.505. Control engine
  speed for Mode 6 as described in Sec.   1054.505(c) for idle
  operation.
\b\ Advance from one mode to the next within a 20-second transition
  phase. During the transition phase, command a linear progression from
  the torque setting of the current mode to the torque setting of the
  next mode.
\c\ The percent torque is relative to the value established for full-
  load torque, as described in Sec.   1054.505.

Appendix III to Part 1054--High-Altitude Counties

    The following counties have areas above 4,000 feet above sea
level and are therefore considered to be high-altitude counties:

State of Arizona

Apache
Cochise
Coconino
Navajo
Yavapai

State of Colorado

Adams
Alamosa
Arapahoe
Archuleta
Boulder
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Crowley
Custer
Delta
Denver
Dolores
Douglas
Eagle
Elbert
El Paso
Fremont
Garfield
Gilpin
Grand
Gunnison
Hinsdale
Huerfano
Jackson
Jefferson
Kit Carson
Lake
La Plata
Larimer
Las Animas
Lincoln
Mesa
Mineral
Moffat
Montezuma
Montrose
Morgan
Otero
Ouray
Park
Pitkin
Pueblo
Rio Blanco
Rio Grande
Routt
Saguache
San Juan
San Miguel
Summit
Teller
Washington
Weld

State of Idaho

Bannock
Bear Lake
Bingham
Blaine
Bonneville
Butte
Camas
Caribou
Cassia
Clark
Custer
Franklin
Fremont
Jefferson
Lemhi
Madison
Minidoka
Oneida
Power
Teton
Valley

State of Montana

Beaverhead
Deer Lodge
Gallatin
Jefferson
Judith Basin
Powell
Madison
Meagher
Park
Silver Bow
Wheatland

State of Nebraska

Banner
Cheyenne
Kimball
Sioux

State of Nevada

Carson City
Douglas
Elko
Esmeralda
Eureka
Humboldt
Lander
Lincoln
Lyon
Mineral
Nye
Pershing
Storey
Washoe
White Pine

State of New Mexico

Bernalillo
Catron
Colfax
Curry
De Baca
Grant
Guadalupe
Harding
Hidalgo
Lincoln
Los Alamos
Luna
McKinley
Mora
Otero
Rio Arriba
Roosevelt
Sandoval
San Juan
San Miguel
Santa Fe
Sierra
Socorro
Taos
Torrance
Union
Valencia

State of Oregon

Harney
Lake
Klamath

State of Texas

Jeff Davis
Judspeth
Parmer

State of Utah

Beaver
Box Elder
Cache
Carbon
Daggett
Davis
Duchesne
Emery
Garfield
Grand
Iron
Juab
Kane
Millard
Morgan
Piute
Rich
Salt Lake
San Juan
Sanpete
Sevier
Summit
Tooele
Uintah
Utah
Wasatch
Wayne
Weber

State of Wyoming

Albany
Campbell
Carbon
Converse
Fremont
Goshen
Hot Springs
Johnson
Laramie
Lincoln
Natrona
Niobrara

Park
Platte
Sublette
Sweetwater
Teton
Uinta
Washakie
Weston
    133. A new part 1060 is added to subchapter U of chapter I to read
as follows:

PART 1060--CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND IN-USE
NONROAD AND STATIONARY EQUIPMENT

Subpart A--Overview and Applicability

Sec.
1060.1 Which products are subject to this part's requirements?
1060.5 Do the requirements of this part apply to me?
1060.10 How is this part organized?
1060.15 Do any other regulation parts apply to me?
1060.20 Submission of information.

Subpart B--Emission Standards and Related Requirements

1060.101 What evaporative emission requirements apply under this
part?
1060.102 What permeation emission control requirements apply for
fuel lines?
1060.103 What permeation emission control requirements apply for
fuel tanks?
1060.104 What running loss emission control requirements apply?
1060.105 What diurnal and diffusion requirements apply for
equipment?
1060.120 What emission-related warranty requirements apply?
1060.125 What maintenance instructions must I give to buyers?
1060.130 What installation instructions must I give to equipment
manufacturers?
1060.135 How must I label and identify the engines and equipment I
produce?
1060.136 How must I label and identify the fuel lines I produce?
1060.137 How must I label and identify the fuel tanks I produce?
1060.138 How must I label and identify other emission-related
components I produce?

Subpart C--Certifying Emission Families

1060.201 What are the general requirements for obtaining a
certificate of conformity?
1060.202 What are the certification requirements related to the
general standards in Sec.  1060.101?
1060.205 What must I include in my application?
1060.210 What records should equipment manufacturers keep if they do
not apply for certification?
1060.225 How do I amend my application for certification?
1060.230 How do I select emission families?
1060.235 What emission testing must I perform for my application for
a certificate of conformity?
1060.240 How do I demonstrate that my emission family complies with
evaporative emission standards?
1060.250 What records must I keep and what reports must I send to
EPA?
1060.255 What decisions may EPA make regarding my certificate of
conformity?

Subpart D--Production Verification Testing

1060.301 Manufacturer testing.
1060.310 Supplying products to EPA for testing.

Subpart E--In-Use Testing

1060.401 General Provisions.

Subpart F--Test Procedures

1060.501 General testing provisions.
1060.505 Other procedures.
1060.510 How do I test EPA Low Emission Fuel Lines for permeation
emissions?
1060.515 How do I test EPA Nonroad Fuel Lines for permeation
emissions?
1060.520 How do I test fuel tanks for permeation emissions?
1060.521 How do I test fuel caps for permeation emissions?
1060.525 How do I test fuel systems for diurnal emissions?
1060.530 How do I test fuel systems for diffusion emissions?
1060.535 How do I measure fuel temperatures to comply with running
loss requirements?

Subpart G--Special Compliance Provisions

1060.601 How do the prohibitions of 40 CFR 1068.101 apply with
respect to the requirements of this part?
1060.605 Exemptions from evaporative emission standards.
1060.640 What special provisions apply to branded equipment?

Subpart H--Averaging, Banking, and Trading Provisions

1060.701 Applicability.
1060.705 How do I certify components to an emission level other than
the standard under this part or use such components in my equipment?

Subpart I--Definitions and Other Reference Information

1060.801 What definitions apply to this part?
1060.805 What symbols, acronyms, and abbreviations does this part
use?
1060.810 What materials does this part reference?
1060.815 What provisions apply to confidential information?
1060.820 How do I request a hearing?
1060.825 What reporting and recordkeeping requirements apply under
this part?

    Authority: 42 U.S.C. 7401-7671q.

Subpart A--Overview and Applicability

Sec.  1060.1  Which products are subject to this part's requirements?

    (a) The standards and other requirements in this part 1060 apply to
fuel lines, fuel tanks, couplings and fittings, and fuel caps used or
intended to be used in the following categories of new engines and
equipment that are fueled with a volatile liquid fuel (such as gasoline
or ethanol, but not including diesel fuel), and the equipment in which
these components are installed, starting with the model years shown in
Table 1 of this section:
    (1) Compression-ignition engines we regulate under 40 CFR part
1039. This includes stationary compression-ignition engines we regulate
under the provisions of 40 CFR part 1039, as indicated under 40 CFR
part 60, subpart IIII. See the evaporative emission standards specified
in 40 CFR 1048.105. These engines are considered to be Large SI engines
for purposes of this part 1060.
    (2) Marine compression-ignition engines we regulate under 40 CFR
part 1042. See the evaporative emission standards specified in 40 CFR
1045.107. These engines are considered to be Marine SI engines for
purposes of this part 1060.
    (3) Marine SI engines we regulate under 40 CFR part 1045. See the
evaporative emission standards specified in 40 CFR 1045.107.
    (4) Large SI engines we regulate under 40 CFR part 1048. This
includes stationary spark-ignition engines subject to standards under
40 CFR parts 1048 or 1054 as indicated in 40 CFR part 60, subpart JJJJ.
See the evaporative emission standards specified in 40 CFR 1048.105.
    (5) Recreational vehicles and engines we regulate under 40 CFR part
1051 (such as snowmobiles and off-highway motorcycles). This includes
highway motorcycles subject to standards under 40 CFR part 1051 as
indicated in 40 CFR part 86, subpart E since these motorcycles are
considered to be recreational vehicles for purposes of this part 1060.
See the evaporative emission standards specified in 40 CFR 1051.110.
    (6) Small SI engines we regulate under 40 CFR part 1054. See the
evaporative emission standards specified in 40 CFR 1054.110.
    (7) Portable marine fuel tanks and fuel lines associated with such
fuel tanks must meet evaporative emission standards specified in 40 CFR
1045.107. Portable nonroad fuel tanks and fuel lines associated with
such fuel tanks must also meet evaporative emission standards specified
in 40 CFR 1045.107,

whether or not they are used with marine vessels. Portable nonroad fuel
tanks are considered to be portable marine fuel tanks for purposes of
this part 1060.
    (b) The regulations in this part 1060 apply for new replacement
components used with any of the engines or equipment specified in
paragraph (a) of this section as described in Sec.  1060.601.
    (c) Fuel caps are subject to evaporative emission standards at the
point of installation on a fuel tank. If a fuel cap is certified for
use with Marine SI engines or Small SI engines under the optional
standards of Sec.  1060.103, it is subject to all the requirements of
this part 1060 as if these optional standards were mandatory.
    (d) This part 1060 does not apply to any diesel-fueled engine or
any other engine that does not use a volatile liquid fuel. In addition,
this part does not apply to any engines or equipment in the following
categories even if they use a volatile liquid fuel:
    (1) Light-duty motor vehicles (see 40 CFR part 86).
    (2) Heavy-duty motor vehicles and heavy-duty motor vehicle engines
(see 40 CFR part 86).
    (3) Aircraft engines (see 40 CFR part 87).
    (4) Locomotives (see 40 CFR part 92).
    (5) Land-based nonroad diesel engines we regulate under 40 CFR part
89.
    (6) Marine diesel engines we regulate under 40 CFR part 89 or 94.
    (7) Marine spark-ignition engines we regulate under 40 CFR part 91.
    (e) This part 1060 does not apply for fuel lines made wholly of
metal.

                         Table 1 to Sec.   1060.1--Part 1060 Applicability by Model Year
----------------------------------------------------------------------------------------------------------------
                                      Fuel line                              Diurnal or          Running loss
Equipment category or subcategory    permeation      Tank permeation    diffusion emissions       emissions
----------------------------------------------------------------------------------------------------------------
Marine SI--portable fuel tanks...            2009  2011...............  2009...............  Not applicable.
Marine SI--personal watercraft...            2009  2011...............  2009...............  Not applicable.
Marine SI--other installed fuel              2009  2012...............  2010...............  Not applicable.
 tanks.
Large SI.........................            2007  Not applicable.....  2007 (includes tank  2007
                                                                         permeation).
Recreational vehicles............            2008  2008...............  Not applicable.....  Not applicable.
Small SI--handheld engines.......        \a\ 2012  2010 \b\...........  Not applicable.....  Not applicable.
Small SI--Class I nonhandheld                2008  2012...............  2012...............  2012
 engines.
Small SI--Class II nonhandheld               2008  2011...............  2011...............  2011
 engines.
----------------------------------------------------------------------------------------------------------------
\a\ 2013 for small-volume emission families.
\b\ 2011 for structurally integrated nylon fuel tanks and 2013 for all small-volume emission families.

Sec.  1060.5  Do the requirements of this part apply to me?

    The requirements of this part are generally addressed to
manufacturers that are subject to this part's requirements, as
described in paragraph (a) of this section. The term ``you'' generally
means the manufacturer or manufacturers that are subject to these
requirements. Paragraphs (b) through (e) of this section describe which
manufacturers may or must certify their products. (Note: Sec.  1060.601
allows the certification responsibility to be delegated in certain
circumstances.)
    (a) Overall responsibilities. Manufacturers of engines, equipment,
and fuel-system components described in Sec.  1060.1 are subject to the
standards and other requirements of this part 1060 except as otherwise
noted. Multiple manufacturers may be subject to these standards and
other requirements. For example, when a Small SI equipment manufacturer
buys fuel lines manufactured by another person and installs them in its
equipment, both the equipment manufacturer and the fuel line
manufacturer are subject to the standards and other requirements of
this part. The following provisions apply in such cases:
    (1) Each person meeting the definition of manufacturer that is
subject to the standards and other requirements of this part must
comply with such requirements. However, if one person complies with a
specific requirement for a given product, then all manufacturers are
deemed to have complied with that specific requirement. For example, if
a Small SI equipment manufacturer uses fuel lines manufactured and
certified by another company, the equipment manufacturer is not
required to obtain a certificate with respect to the fuel line emission
standards. The Small SI equipment manufacturer remains subject to the
standards and other requirements of this part. However, where a
provision requires a specific manufacturer to comply with certain
provisions, this paragraph (a) does not change or modify such a
requirement. For example, where this section specifies that a certain
manufacturer must certify its product, this paragraph (a) does not
modify or change that manufacturer's obligation to comply with the
certification requirements.
    (2) The requirements of subparts C and D of this part apply to the
manufacturer that obtains the certificate of conformity. Other
manufacturers are required to comply with the requirements of subparts
C and D of this part only when we send notification. In our
notification, we will specify a reasonable period for complying with
the requirements identified in the notice. See Sec.  1060.601 for the
applicability of 40 CFR part 1068 to these other manufacturers.
    (3) Certificate holders are responsible for meeting all applicable
requirements even if other manufacturers are also subject to those
requirements.
    (b) Marine SI. Vessels, engines, and fuel-system components may be
certified as follows:
    (1) Component manufacturers must certify their fuel lines and fuel
tanks intended for installation with Marine SI engines and vessels
under this part 1060, except as allowed by Sec.  1060.601.
    (2) Vessel manufacturers are subject to all the requirements of
this part 1060 that apply to Marine SI engines and fuel systems.
However, they must certify their vessels to the emission standards
specified in Sec. Sec.  1060.102 through 1060.105 only if one or more
of the following conditions apply:
    (i) Vessel manufacturers install certified components that are not
certified to meet all applicable evaporative emission standards. This
would include vessel manufacturers

that make their own fuel tanks. Vessel manufacturers would certify
under this part 1060.
    (ii) Vessel manufacturers intend to generate or use emission
credits, even if they use only certified components to meet all
applicable evaporative emission standards. Vessel manufacturers would
certify under part 40 CFR part 1045 using the emission-credit
provisions in subpart H of that part to demonstrate compliance with the
emission standard.
    (3) For purposes of this part 1060, manufacturers of outboard
engines must meet all the requirements that apply to vessel
manufacturers.
    (c) Large SI. Engine manufacturers must certify their engines and
fuel systems under 40 CFR part 1048.
    (d) Recreational vehicles. Vehicles, engines and fuel-system
components may be certified as follows:
    (1) Vehicle and engine manufacturers must certify their vehicles
and engines under 40 CFR part 1051.
    (2) Component manufacturers may certify fuel lines and fuel tanks
intended for recreational vehicles under this part 1060.
    (e) Small SI. Engines, equipment, and fuel-system components may be
certified as follows:
    (1) Component manufacturers must certify their fuel lines and fuel
tanks intended for Small SI engines and equipment under this part 1060,
except as allowed by Sec.  1060.601.
    (2) Engine and equipment manufacturers are subject to all the
requirements of this part 1060 that apply to handheld Small SI engines
and fuel systems. However, they must certify their engines or equipment
to the emission standards specified in Sec. Sec.  1060.102 through
1060.105 only if one or more of the following conditions apply:
    (i) Engine or equipment manufacturers install certified components
that are not certified to meet all applicable evaporative emission
standards. This would include engine or equipment manufacturers that
make their own fuel tanks. Engine or equipment manufacturers would
certify under this part 1060.
    (ii) Engine or equipment manufacturers intend to generate or use
emission credits, even if they use only certified components to meet
all applicable evaporative emission standards. Engine or equipment
manufacturers would certify under part 40 CFR part 1054 using the
emission-credit provisions in subpart H of that part to demonstrate
compliance with the emission standard.
    (3) Engine manufacturers that produce nonhandheld Small SI engines
with complete fuel systems must certify their engines and fuel systems
under 40 CFR part 1054.
    (4) Equipment manufacturers are subject to all the requirements of
this part 1060 that apply to nonhandheld Small SI engines and fuel
systems. However, they must certify their equipment to the emission
standards specified in Sec. Sec.  1060.102 through 1060.105 only if one
or more of the following conditions apply:
    (i) The engine manufacturer's certification does not cover running
loss emission standards. Equipment manufacturers would certify under
this part 1060.
    (ii) Equipment manufacturers install components that are not
certified to meet all applicable evaporative emission standards. This
would include equipment manufacturers that make their own fuel tanks.
Equipment manufacturers would certify under this part 1060.
    (iii) Equipment manufacturers intend to generate or use emission
credits, even if they use only certified components to meet all
applicable evaporative emission standards. Equipment manufacturers
would certify under part 40 CFR part 1054 using the emission-credit
provisions in subpart H of that part to demonstrate compliance with the
emission standard.
    (f) Summary of certification responsibilities. Tables 1 through 3
of this section summarize the certification responsibilities for
different kinds of manufacturers as described in paragraphs (b) through
(e) of this section. The term ``No'' as used in the tables means that a
manufacturer is not required to obtain a certificate of conformity
under paragraphs (b) through (e) of this section. In situations where
multiple manufacturers are subject to the standards and other
requirements of this part, such a manufacturer must nevertheless
certify if the manufacturer who is required to certify under paragraphs
(b) through (e) of this section fails to obtain a certificate of
conformity.

 Table 1 to Sec.   1060.5--Summary of Engine Manufacturer Certification
                            Responsibilities
------------------------------------------------------------------------
                                     Is the engine       Code of Federal
                                 manufacturer required  Regulations cite
        Equipment type              to certify fuel            for
                                     systems? \a\         certification
------------------------------------------------------------------------
Marine SI.....................  No, but manufacturers   ................
                                 of outboard engines
                                 are treated as
                                 equipment
                                 manufacturers in this
                                 part.
Large SI......................  Yes...................  40 CFR part
                                                         1048.
Recreational vehicles.........  No.
Small SI......................  Handheld: No, unless    40 CFR part
                                 engine manufacturers    1054.
                                 install uncertified
                                 components or intend
                                 to generate or use
                                 emission credits.
                                Nonhandheld: No,        ................
                                 unless engines are
                                 sold with complete
                                 fuel systems.
------------------------------------------------------------------------
\a\ Fuel lines and fuel tanks that are attached to or sold with engines
  must be covered by a certificate of conformity.

      Table 2 to Sec.   1060.5.--Summary of Equipment Manufacturer
                     Certification Responsibilities
------------------------------------------------------------------------
                                   Is the equipment      Code of Federal
                                 manufacturer required  Regulations cite
        Equipment type              to certify fuel            for
                                       systems?           certification
------------------------------------------------------------------------
Marine SI.....................  Yes, but only if        40 CFR part
                                 vessel manufacturers    1060, or 40 CFR
                                 install uncertified     part 1045 if
                                 fuel lines or fuel      certifying only
                                 tanks or intend to      for emission
                                 generate or use         credits.
                                 emission credits.
Large SI......................  No.                     ................
Recreational vehicles.........  Yes, even if vehicle    40 CFR part
                                 manufacturers install   1051.
                                 certified components..

Small SI......................  Handheld: No, unless    40 CFR part
                                 equipment               1060, or 40 CFR
                                 manufacturers install   part 1054 if
                                 uncertified             certifying only
                                 components or intend    for emission
                                 to generate or use      credits.
                                 emission credits.
                                Nonhandheld: No,        ................
                                 unless equipment
                                 manufacturers (1) use
                                 an engine that has
                                 not already been
                                 certified for control
                                 of running loss
                                 emissions; (2)
                                 install uncertified
                                 components; or (3)
                                 intend to generate or
                                 use emission credits.
------------------------------------------------------------------------

      Table 3 to Sec.   1060.5.--Summary of Component Manufacturer
                     Certification Responsibilities
------------------------------------------------------------------------
                                   Is the component      Code of Federal
                                 manufacturer required  Regulations cite
        Equipment type           to certify fuel lines         for
                                    and fuel tanks?       certification
------------------------------------------------------------------------
Marine SI.....................  Yes, including          40 CFR part
                                 portable marine fuel    1060.
                                 tanks and associated
                                 fuel lines.\a\.
Large SI......................  No.                     ................
Recreational vehicles.........  Allowed but not         40 CFR part
                                 required.               1060.
Small SI......................  Yes \a\...............  40 CFR part
                                                         1060.
------------------------------------------------------------------------
\a\ See Sec.   1060.601 for an allowance to make contractual
  arrangements with engine or equipment manufacturers instead of
  certifying.

Sec.  1060.10  How is this part organized?

    This part 1060 is divided into the following subparts:
    (a) Subpart A of this part defines the applicability of part 1060
and gives an overview of regulatory requirements.
    (b) Subpart B of this part describes the emission standards and
other requirements that must be met to certify equipment or components
under this part. Note that Sec.  1060.110 discusses certain interim
requirements and compliance provisions that apply only for a limited
time.
    (c) Subpart C of this part describes how to apply for a certificate
of conformity.
    (d) Subpart D of this part describes the requirements related to
verifying that products are being produced as described in an approved
application for certification.
    (e) Subpart E of this part describes the requirements related to
verifying that products are meeting the standards in use.
    (f) Subpart F of this part describes how to measure evaporative
emissions.
    (g) Subpart G of this part and 40 CFR part 1068 describe
requirements, prohibitions, and other provisions that apply to
manufacturers, owners, operators, and all others.
    (h) Subpart H of this part describes how to certify your equipment
or components for inclusion in an emission averaging program allowed by
an exhaust standard-setting part.
    (i) Subpart I of this part contains definitions and other reference
information.

Sec.  1060.15  Do any other regulation parts apply to me?

    (a) There is a separate part of the CFR that includes exhaust
emission requirements for each particular application. These are
referred to as the exhaust standard-setting parts. In cases where the
exhaust standard-setting part includes evaporative requirements, apply
this part 1060 as specified in the exhaust standard-setting part, as
follows:
    (1) The requirements in the exhaust standard-setting part may
differ from the requirements in this part. In cases where it is not
possible to comply with both the exhaust standard-setting part and this
part, you must comply with the requirements in the exhaust standard-
setting part. The exhaust standard-setting part may also allow you to
deviate from the procedures of this part for other reasons.
    (2) The exhaust standard-setting parts may reference some sections
of this part 1060 or may allow or require certification under this part
1060. See the exhaust standard-setting parts, to determine what
provisions of this part 1060 apply for these equipment types.
    (b) The requirements and prohibitions of part 1068 of this chapter
apply to everyone, including anyone who manufactures, imports, owns,
operates, or services any of the fuel systems subject to this part
1060. Part 1068 of this chapter describes general provisions, including
the following areas:
    (1) Prohibited acts and penalties for engine manufacturers,
equipment manufacturers, and others.
    (2) Exclusions and exemptions for certain products.
    (3) Importing products.
    (4) Defect reporting and recall.
    (5) Procedures for hearings.
    (c) Other parts of this chapter apply if referenced in this part.

Sec.  1060.20  Submission of information.

    (a) This part includes various requirements to record data or other
information. Refer to Sec.  1060.825, 40 CFR 1068.25, and the exhaust
standard-setting part regarding recordkeeping requirements. If
recordkeeping requirements are not specified, store these records in
any format and on any media and keep them readily available for one
year after you send an associated application for certification, or one
year after you generate the data if they do not support an application
for certification. You must promptly send us organized, written records
in English if we ask for them. We may review them at any time.
    (b) The regulations in Sec.  1060.255 and 40 CFR 1068.101 describe
your obligation to report truthful and complete information and the
consequences of failing to meet this obligation. This includes
information not related to certification.

Subpart B--Emission Standards and Related Requirements

Sec.  1060.101  What evaporative emission requirements apply under this
part?

    Products subject to this part must meet emission standards and
related requirements as follows:

    (a) Section 1060.102 describes permeation emission control
requirements for fuel lines.
    (b) Section 1060.103 describes permeation emission control
requirements for fuel tanks.
    (c) Section 1060.104 describes running loss emission control
requirements for fuel systems.
    (d) Section 1060.105 describes diurnal and diffusion emission
control requirements for fuel tanks.
    (e) The following general requirements apply for components and
equipment subject to the emission standards in Sec. Sec.  1060.102
through 1060.105:
    (1) Adjustable parameters. Components or equipment with adjustable
parameters must meet all the requirements of this part for any
adjustment in the physically adjustable range.
    (2) Prohibited controls. The following controls are prohibited:
    (i) For anyone to design, manufacture, or install emission control
systems so they cause or contribute to an unreasonable risk to public
health, welfare, or safety while operating.
    (ii) For anyone to design, manufacture, or install emission control
systems with features that disable, deactivate, or bypass the emission
controls, either actively or passively. For example, you may not
include a manual vent that the operator can open to bypass emission
controls. You may ask us to allow such features if needed for safety
reasons or if the features are fully functional during emission tests
described in subpart F of this part.
    (3) Emission credits. Equipment manufacturers are allowed to comply
with the emission standards in this part using emission credits only if
the exhaust standard-setting part explicitly allows it for evaporative
emissions. See the exhaust standard-setting part and subpart H of this
part for information about complying with emission credits. For
equipment manufacturers to generate or use emission credits, components
must be certified to a family emission limit (FEL), which serves as the
standard for those components.
    (f) This paragraph (f) specifies requirements that apply to
equipment manufacturers subject to requirements under this part,
whether or not they are subject to and certify to any of the emission
standards in Sec. Sec.  1060.102 through 1060.105. Equipment
manufacturers meeting these requirements will be deemed to be certified
as in conformity with the requirements of this paragraph (f) without
submitting an application for certification, as follows:
    (1) Fuel caps, vents, and carbon canisters. You are responsible for
ensuring that proper caps and vents are installed on each new piece of
equipment that is subject to emission standards under this part. The
following particular requirements apply to equipment that is subject to
running loss, diurnal, or diffusion emission standards:
    (i) All equipment must have a tethered gas cap. Fuel caps for
equipment subject to diurnal requirements must include a visual or
audible indication when it is properly sealed.
    (ii) You may not add vents unless they are allowed by the
applicable certificates of conformity.
    (iii) If the emission controls rely on carbon canisters, they must
be installed such that they will not be exposed to water or liquid
fuel.
    (2) Fuel-line fittings. The following requirements apply for fuel-
line fittings that will be used with fuel lines that must meet
permeation emission standards:
    (i) Use good engineering judgment to ensure that all fuel-line
fittings will remain securely connected to prevent fuel leakage
throughout the useful life of the equipment.
    (ii) Fuel lines that are intended to be detachable (such as those
for portable marine fuel tanks) must be self-sealing when detached from
the fuel tank or engine.
    (3) Refueling. For any equipment using fuel tanks that are subject
to diurnal or permeation emission standards under this part, you must
design and build your equipment such that operators can reasonably be
expected to fill the fuel tank without spitback or spillage during the
refueling event. The following examples illustrate designs that meet
this requirement:
    (i) Equipment that is commonly refueled using a portable gasoline
container should have a fuel inlet that is larger than a typical
dispensing spout. The fuel inlet should be located so the operator can
place the nozzle directly in the fuel inlet and see the fuel level
while pouring the fuel (either through the tank wall or the fuel
inlet).
    (ii) Marine SI vessels with a filler neck extending to the side of
the boat should be designed for automatic fuel shutoff. Alternatively,
the filler neck should be designed such that the orientation of the
filler neck allows dispensed fuel that collects in the filler neck to
flow back into the fuel tank. A filler neck that ends with a horizontal
or nearly horizontal segment at the opening where fuel is dispensed
would not be an acceptable design.
    (4) Opt-in by component manufacturers. Component manufacturers may
at their option become subject to the requirements specified in
paragraph (f) of this section. If a component manufacturer is certified
to these standards, all the applicable requirements and these standards
are considered mandatory.
    (g) Equipment must meet the standards specified in this part
throughout the useful life of the equipment, where the useful life of
the equipment is either:
    (1) The useful life in years specified for the equipment in the
exhaust standard-setting part.
    (2) The useful life in years specified for the engine in the
exhaust standard-setting part if the exhaust standards are specified
for the engine rather than the equipment and there is no useful life
given for the equipment.
    (3) Five years if no useful life is specified in years for the
equipment or engine in the exhaust standard-setting part.

Sec.  1060.102  What permeation emission control requirements apply for
fuel lines?

    (a) Nonmetal fuel lines must meet permeation requirements as
follows:
    (1) Marine SI fuel lines, including fuel lines associated with
outboard engines or portable marine fuel tanks, must meet the
permeation requirements in this section.
    (2) Large SI fuel lines must meet the permeation requirements
specified in 40 CFR 1048.105.
    (3) Fuel lines for recreational vehicles must meet the permeation
requirements specified in 40 CFR 1051.110 or in this section.
    (4) Small SI fuel lines must meet the permeation requirements in
this section.
    (b) Different categories of nonroad equipment are subject to
different requirements with respect to fuel line permeation. Fuel lines
are classified based on measured emissions over the test procedure
specified for the class. (Note: The test procedure for EPA LEFL lines
is performed at a higher temperature than the test procedures for other
classes, such that emissions measured using the EPA LEFL procedure will
be substantially higher than emissions from the same fuel line measured
with the EPA NRFL test procedure.)
    (c) The regulations in 40 CFR part 1048 require that fuel lines
used with Large SI engines must meet the standards for EPA LEFL fuel
lines. The regulations in 40 CFR part 1054 require that fuel lines used
with handheld

Small SI engines used in cold-weather equipment must meet the standards
for EPA CWFL fuel lines. Unless specified otherwise in this subchapter
U, fuel lines used with all other engines and equipment subject to the
provisions of this part 1060, including fuel lines associated with
outboard engines or portable marine fuel tanks, must meet the standards
for EPA NRFL fuel lines.
    (d) The following standards apply for each fuel line
classification:
    (1) EPA LEFL fuel lines must have permeation emissions at or below
25 g/m\2\/day when measured according to the test procedure described
in Sec.  1060.510.
    (2) EPA NRFL fuel lines must have permeation emissions at or below
15 g/m\2\/day when measured according to the test procedure described
in Sec.  1060.515.
    (3) EPA CWFL fuel lines must have permeation emissions at or below
175 g/m\2\/day when measured according to the test procedure described
in Sec.  1060.515.
    (e) You may certify fuel lines for use as sections of any length.
Also, you may certify fuel line assemblies as aggregated systems that
include multiple sections of fuel line with connectors, and fittings.
For example, you may certify fuel lines for portable marine fuel tanks
as assemblies of fuel hose, primer bulbs, and self-sealing end
connections. The standard applies with respect to the total permeation
emissions divided by the wetted internal surface area of the assembly.
Where it is not practical to determine the actual internal surface area
of the assembly, you may assume that the internal surface area per unit
length of the assembly is equal to the ratio of internal surface area
per unit length of the hose section of the assembly.
    (f) The exhaust standard-setting part may allow for certification
of fuel lines to a family emission limit for calculating emission
credits as described in subpart H of this part instead of meeting the
emission standards in this section.

Sec.  1060.103  What permeation emission control requirements apply for
fuel tanks?

    (a) Fuel tanks must meet permeation requirements as follows:
    (1) Marine SI fuel tanks, including portable marine fuel tanks,
must meet the permeation requirements in this section.
    (2) Large SI fuel tanks must meet diurnal emission standards as
specified in Sec.  1060.105, which includes measurement of permeation
emissions. No separate permeation standard applies.
    (3) Fuel tanks for recreational vehicles must meet the permeation
requirements specified in 40 CFR 1051.110 or in this section.
    (4) Small SI fuel tanks must meet the permeation requirements in
this section.
    (b) Permeation emissions from fuel tanks may not exceed 1.5 g/m\2\/
day when measured at a nominal temperature of 28 [deg]C with the test
procedures for tank permeation in Sec.  1060.520, except as allowed by
paragraph (e) of this section. You may also choose to meet the
following alternate standards:
    (1) If you perform testing at a nominal temperature of 40 [deg]C
under Sec.  1060.520(d), permeation emissions from fuel tanks may not
exceed 2.5 g/m\2\/day.
    (2) For structurally integrated nylon fuel tanks used with handheld
Small SI equipment, permeation emissions from fuel tanks may not exceed
2.5 g/m\2\/day for testing at a nominal temperature of 28 [deg]C and
may not exceed 4.0 g/m\2\/day for testing at a nominal temperature of
40 [deg]C.
    (c) The exhaust standard-setting part may allow for certification
of fuel tanks to family emission limit for calculating emission credits
as described in subpart H of this part instead of meeting the emission
standards in this section.
    (d) For purposes of this section, fuel tanks include fuel caps,
gaskets, and other fittings that are directly mounted to the fuel tank.
Fuel tanks do not include fuel lines that are subject to Sec.  1060.102
or petcocks designed for draining fuel.
    (e) Fuel caps may be certified separately to the permeation
emission standard in paragraph (b) of this section using the test
procedures specified in Sec.  1060.521.

Sec.  1060.104  What running loss emission control requirements apply?

    (a) Engines and equipment must meet running loss requirements as
follows:
    (1) Marine SI engines are not subject to running loss emission
standards, except as noted in paragraph (c) of this section.
    (2) Large SI engines must prevent fuel boiling during operation as
specified in 40 CFR 1048.105.
    (3) Recreational vehicles are not subject to running loss emission
standards.
    (4) Nonhandheld Small SI engines must meet running loss
requirements described in this section. Handheld Small SI fuel tanks
are not subject to running loss emission standards.
    (b) You must demonstrate control of running loss emissions in one
of the following ways if your engines or equipment are subject to the
requirements of this section:
    (1) Get an approved Executive Order from the California Air
Resources Board showing that your system meets applicable running loss
standards in California.
    (2) Route running loss emissions into the engine intake system so
fuel vapors vented from the tank during engine operation are combusted
in the engine. If you produce engines with complete fuel systems, you
must test your engines with an installed vapor line for controlling
running loss emissions. If another company has certified the engine
with respect to exhaust emissions, describe in your application for
certification why you believe the modified engines continue to meet
exhaust emission standards.
    (3) Design the equipment so fuel temperature does not rise more
than 8.0 [deg]C during normal operation when measured using the
procedure in Sec.  1060.535. Such a design may use insulation or active
cooling to prevent fuel heating.
    (4) Use a bladder or other means to minimize fuel vapor volume in a
sealed fuel tank.
    (5) Show that the equipment meets the definition of wintertime
equipment in Sec.  1060.801.
    (c) Engines and equipment that are subject to diurnal emission
standards must meet the requirements related to running loss emissions
specified in Sec.  1060.105.

Sec.  1060.105  What diurnal and diffusion requirements apply for
equipment?

    (a) Fuel tanks must meet diurnal and diffusion emission
requirements as follows:
    (1) Marine SI fuel tanks must meet the requirements related to
diurnal emissions specified in this section, including portable marine
fuel tanks. Marine SI fuel tanks are not subject to diffusion emission
standards.
    (2) Large SI fuel tanks must meet the requirements related to
diurnal emissions specified in 40 CFR 1048.105. Large SI fuel tanks are
not subject to diffusion emission standards.
    (3) Recreational vehicles are not subject to diurnal or diffusion
emission standards.
    (4) Nonhandheld Small SI fuel tanks must meet the requirements
related to diffusion emissions specified in this section. Nonhandheld
Small SI fuel tanks are not subject to diurnal emission standards.
Handheld Small SI fuel tanks are not subject to diurnal or diffusion
emission standards.
    (b) Diurnal emissions from Marine SI fuel tanks may not exceed 0.40
g/gal/day when measured using the test procedures specified in Sec.
1060.525 for general fuel temperatures. An alternative standard of 0.16
g/gal/day

applies for fuel tanks installed in nontrailerable boats when measured
using the corresponding fuel temperature profile in Sec.  1060.525.
Portable marine fuel tanks must comply with the requirements of
paragraph (d) of this section.
    (c) Portable marine fuel tanks and associated fuel-system
components must meet the following requirements:
    (1) They must be self-sealing (without any manual vents) when not
attached to the engines. The tanks may not vent to the atmosphere when
attached to an engine.
    (2) They must remain sealed up to a positive pressure of 34.5 kPa
(5.0 psig); however, they may contain air inlets that open when there
is a vacuum pressure inside the tank.
    (d) Detachable fuel lines that are intended for use with portable
marine fuel tanks must be self-sealing (without any manual vents) when
not attached to the engine or fuel tank.
    (e) The following standards related to diffusion emissions apply
for nonhandheld Small SI fuel tanks:
    (1) Diffusion emissions from fuel systems not meeting the design
standard of paragraph (e)(2) of this section may not exceed a
performance standard of 0.80 g/day when measured using the test
procedures specified in Sec.  1060.530.
    (i) Fuel tanks with fuel caps may be certified as a system to this
diffusion emission standard. Fuel tanks certified this way that are not
sold with the appropriate fuel cap must include specifications for
appropriate fuel caps.
    (ii) Fuel caps may be certified separately to this diffusion
emission standard. Such fuel caps must include specifications for
appropriate threading to mate with fuel tanks.
    (2) If your fuel system meets any of the following design
standards, you are not subject to the performance standard specified in
paragraph (e)(1) of this section:
    (i) A fuel tank must be sealed except for a single vent line that
is at least 180 mm long with a ratio of length to the square of the
diameter of at least 5.0 mm-1 (127 in-1). For
example, a vent line with 7 mm inside diameter would have to be at
least 245 mm long to comply under this paragraph (e)(2)(i).
    (ii) A fuel cap must vent only through the cap such that a vent
path goes through the gasket and then around the threads where the fuel
cap screws onto the fuel tank. The ratio of average path length to
total cross-sectional area of the vent path through the gasket must be
at least 1.0 mm-1 (25 in-1), with the vent path
going through at least 360[deg] of threads. For example, if a gasket
has two vent paths, each with a cross-sectional area of 2 mm\2\ and a
path length of 6 mm, the length-to-area ratio is 1.5 mm-1.
    (iii) A fuel tank must be sealed except for a vent through a carbon
canister designed for controlling diurnal or running loss emissions.
    (iv) A fuel tank must be designed to remain sealed up to a positive
pressure of 3.5 kPa (0.5 psig).
    (f) The following general provisions apply for controlling diurnal
emissions:
    (1) Diurnal emission controls must continue to function during
engine operation to control running loss emissions. For example, you
may not use a fuel tank vent line during engine operation if it is not
connected to the diurnal emission controls.
    (2) You may not use diurnal emission controls that increase the
occurrence of fuel spitback or spillage during in-use refueling. Also,
if you use a carbon canister, you must incorporate design features that
prevent liquid gasoline from reaching the canister during refueling or
as a result of fuel sloshing.

Sec.  1060.120  What emission-related warranty requirements apply?

    (a) General requirements. Certificate holders must warrant to the
ultimate purchaser and each subsequent purchaser that the new nonroad
equipment, including all parts of its evaporative emission control
system, meets two conditions:
    (1) It is designed, built, and equipped so it conforms at the time
of sale to the ultimate purchaser with the requirements of this part.
    (2) It is free from defects in materials and workmanship that may
keep it from meeting these requirements.
    (b) Warranty period. Your emission-related warranty must be valid
for at least two years from the point of first retail sale.

Sec.  1060.125  What maintenance instructions must I give to buyers?

    Give ultimate purchasers written instructions for properly
maintaining and using the emission control system.

Sec.  1060.130  What installation instructions must I give to equipment
manufacturers?

    (a) If you sell a certified fuel-system component for someone else
to install in equipment, give the installer instructions for installing
it consistent with the requirements of this part.
    (b) Make sure these instructions have the following information:
    (1) Include the heading: ``Emission-related installation
instructions''.
    (2) State: ``Failing to follow these instructions when installing
[IDENTIFY COMPONENT(S)] in a piece of nonroad equipment violates
federal law (40 CFR 1068.105(b)), subject to fines or other penalties
as described in the Clean Air Act.''.
    (3) Describe any limits on the range of applications needed to
ensure that the component operates consistently with your application
for certification. For example:
    (i) For fuel tanks sold without fuel caps, you must specify the
requirements for the fuel cap, such as the allowable materials, thread
pattern, how it must seal, etc. You must also include instructions to
tether the fuel cap as described in Sec.  1060.101(f)(1) if you do not
sell your fuel tanks with tethered fuel caps.
    (ii) If your fuel lines do not meet permeation standards specified
in Sec.  1060.102 for LEFL fuel lines, tell equipment manufacturers not
to install the fuel lines with Large SI engines that operate on
gasoline or another volatile liquid fuel.
    (4) Describe instructions for installing components so they will
operate according to design specifications in your application for
certification. Specify sufficient detail to ensure that the equipment
will meet the applicable standards when your component is installed.
    (5) If you certify a component with family emission limit above the
emission standard, be sure to indicate that the equipment manufacturer
must have a source of credits to offset the higher emissions and must
label the equipment as specified in Sec.  1060.135. Also indicate the
applications for which the regulations allow for compliance using
emission credits.
    (6) Instruct the equipment manufacturers that they must comply with
the requirements of Sec.  1060.202.
    (c) You do not need installation instructions for components you
install in your own equipment.
    (d) Provide instructions in writing or in an equivalent format. For
example, you may post instructions on a publicly available website for
downloading or printing. If you do not provide the instructions in
writing, explain in your application for certification how you will
ensure that each installer is informed of the installation
requirements.

Sec.  1060.135  How must I label and identify the engines and equipment
I produce?

    The labeling requirements of this section apply for engine and
equipment manufacturers. See Sec. Sec.  1060.136 through 1060.138 for
the labeling requirements that apply for fuel lines, fuel tanks, and
other fuel-system components.
    (a) If you hold a certificate for your engine or equipment with
respect to

evaporative emissions, you must affix a permanent and legible label
identifying each engine or piece of equipment before introducing it
into U.S. commerce. The label must be--
    (1) Attached so it is not removable without being destroyed or
defaced.
    (2) Secured to a part of the engine or equipment needed for normal
operation and not normally requiring replacement.
    (3) Durable and readable for the equipment's entire life.
    (4) Readily visible in the final installation. It may be under a
hinged door or other readily opened cover. It may not be hidden by any
cover attached with screws or any similar designs.
    (5) Written in English.
    (b) The engine or equipment label must include all the applicable
information specified in Sec. Sec.  1060.136 through 1060.138 if you
are using components that are not already certified by another company.
You may combine all required label information in a single label. This
may include information related to exhaust emissions if you also
certify the engine with respect to exhaust emissions.
    (1) If you are certifying with respect to the running loss
standard, include the following information:
    (i) Include your corporate name or trademark.
    (ii) Describe your method for meeting the running loss standard.
    (iii) State the date of manufacture [MONTH and YEAR] of the
equipment; however, you may omit this from the label if you stamp or
engrave it on the equipment.
    (iv) State: ``THIS EQUIPMENT COMPLIES WITH U.S. EPA RUNNING LOSS
STANDARDS.''.
    (2) If you are certifying your equipment with respect to emission
credits, include the following information:
    (i) Include your corporate name or trademark.
    (ii) Identify the engine family name of the fuel-system components
for which you are generating or using emission credits.
    (iii) State the date of manufacture [MONTH and YEAR] of the
equipment; however, you may omit this from the label if you stamp or
engrave it on the equipment.
    (iv) State: ``THIS EQUIPMENT COMPLIES WITH PERMEATION STANDARDS
BASED ON EMISSION CREDITS.''.
    (c) You may add information to the emission control information
label to identify other emission standards that the equipment meets or
does not meet (such as California standards). You may also add other
information to ensure that the equipment will be properly maintained
and used.
    (d) Anyone subject to the labeling requirements in this part 1060
may ask us to approve modified labeling requirements if it is necessary
or appropriate. We will approve the request if the alternate label is
consistent with the requirements of this part.

Sec.  1060.136  How must I label and identify the fuel lines I produce?

    The requirements of this section apply for fuel line manufacturers:
    (a) Label your fuel line at the time of manufacture as follows:
    (1) Label the fuel line in a permanent and legible manner.
    (2) Include your corporate name or trademark.
    (3) Include EPA's standardized designation for emission family.
    (4) Identify the fuel line's FEL, if applicable.
    (5) The labeling information must be continuous, with no more than
12 inches before repeating. You may add a continuous stripe or other
pattern to help identify the particular type or grade of fuel line.
    (b) You may ask us to approve modified labeling requirements in
this section as described in Sec.  1060.135(e). You may label short
preformed fuel lines (less than 12 inches long) under Sec.  1060.138
instead of complying with the requirements of this section.

Sec.  1060.137  How must I label and identify the fuel tanks I produce?

    The requirements of this section apply for fuel tank manufacturers:
    (a) Add a permanent label at the time of manufacture to each fuel
tank. For molded tanks, you may mold the label into the tank. The label
must be--
    (1) Attached so it is not removable without being destroyed or
defaced.
    (2) Durable and readable for the equipment's entire life.
    (3) Written in English.
    (b) The label must--
    (1) Include your full corporate name and trademark.
    (2) Include EPA's standardized designation for emission family.
    (3) Identify the fuel tank's FEL, if applicable.
    (4) Identify the emission control system. For equipment subject to
diurnal, diffusion, or running loss requirements, list applicable part
numbers of emission control components consistent with the requirements
of Sec.  1060.138.
    (5) State: ``THIS FUEL TANK COMPLIES WITH U.S. EPA EMISSION
REGULATIONS.''.
    (c) You may add information to the emission control information
label to identify other emission standards that the equipment meets or
does not meet (such as California standards).
    (d) You may ask to include the label information required by this
section on the equipment label required by Sec.  1060.135 instead of
labeling the tank separately.
    (e) You may ask us to approve modified labeling requirements in
this section as described in Sec.  1060.135(e).

Sec.  1060.138  How must I label and identify other emission-related
components I produce?

    The requirements of this section apply for manufacturers of fuel-
system components.
    (a) The requirements of this section apply for the following fuel-
system components:
    (1) Fuel caps that are certified under Sec.  1060.102.
    (2) Fuel caps for equipment subject to diurnal or diffusion
requirements.
    (3) Carbon canisters.
    (4) Other components that are part of a system for controlling
evaporative emissions.
    (b) Add a permanent and legible label at the time of manufacture to
each fuel-system component as follows:
    (1) Identify your corporate name or trademark; however, you may
omit this if there is not enough space.
    (2) If you certify the component, include EPA's standardized
designation for emission family.
    (3) If the component is part of a system for controlling emissions
from a fuel tank as described in Sec.  1060.137(b)(5), identify the
part number of each component or subassembly.
    (c) You may ask us to approve modified labeling requirements in
this section as described in Sec.  1060.135(e).

Subpart C--Certifying Emission Families

Sec.  1060.201  What are the general requirements for obtaining a
certificate of conformity?

    Manufacturers of engines, equipment, or fuel-system components may
need to certify their products with respect to evaporative emission
standards as described in Sec. Sec.  1060.1 and 1060.601. See Sec.
1060.202 for requirements related to certifying with respect to the
requirements specified in Sec.  1060.101(f). The following general
requirements apply for obtaining a certificate of conformity:
    (a) You must send us a separate application for a certificate of
conformity for each emission family. A

certificate of conformity for equipment is valid starting with the
indicated effective date, but it is not valid for any production after
December 31 of the model year for which it is issued. No certificate
will be issued after December 31 of the model year. A certificate of
conformity for a component is valid starting with the indicated
effective date, but it is not valid for any production after the end of
the production period for which it is issued.
    (b) The application must contain all the information required by
this part and must not include false or incomplete statements or
information (see Sec.  1060.255).
    (c) We may ask you to include less information than we specify in
this subpart, but you must still maintain all the information required
by Sec.  1060.250.
    (d) You must use good engineering judgment for all decisions
related to your application (see 40 CFR 1068.5).
    (e) An authorized representative of your company must approve and
sign the application.
    (f) See Sec.  1060.255 for provisions describing how we will
process your application.

Sec.  1060.202  What are the certification requirements related to the
general standards in Sec.  1060.101?

    Equipment manufacturers must ensure that their equipment is
certified with respect to the general standards specified in Sec.
1060.101(f) as follows:
    (a) If Sec.  1060.1 requires you to certify your equipment to any
of the emission standards specified in through 1060.105, describe in
your application for certification how you will meet the general
standards specified in Sec.  1060.101(f).
    (b) If Sec.  1060.1 does not require you to certify your equipment
to any of the emission standards specified in through 1060.105, your
equipment is deemed to be certified with respect to the general
standards specified in Sec.  1060.101(f) if you design and produce your
equipment to meet those standards.
    (1) You must keep records as described in Sec.  1060.210. The other
provisions of this part for certificate holders apply only as specified
in Sec.  1060.5.
    (2) Your equipment is deemed to be certified only to the extent
that it meets the general standards in Sec.  1060.101(f). Thus, it is a
violation of 40 CFR 1068.101(a)(1) to introduce into U.S. commerce such
equipment that does not meet applicable requirements under Sec.
1060.101(f).
    (c) Instead of relying on paragraph (b) of this section, you may
submit an application for certification and obtain a certificate from
us. The provisions of this part apply in the same manner for
certificates issued under this paragraph (c) as for any other
certificate issued under this part.

Sec.  1060.205  What must I include in my application?

    This section specifies the information that must be in your
application, unless we ask you to include less information under Sec.
1060.202(c). We may require you to provide additional information to
evaluate your application.
    (a) Describe the emission family's specifications and other basic
parameters of the emission controls. Describe how you meet the running
loss emission control requirements in Sec.  1060.104, if applicable.
Describe how you meet any applicable equipment-based requirements of
Sec.  1060.101(e) and (f). State whether you are requesting
certification for gasoline or some other fuel type. List each
distinguishable configuration in the emission family.
    (b) Describe the products you selected for testing and the reasons
for selecting them.
    (c) Describe the test equipment and procedures that you used,
including any special or alternate test procedures you used (see Sec.
1060.501).
    (d) List the specifications of the test fuel to show that it falls
within the required ranges specified in subpart F of this part.
    (e) State the equipment applications to which your certification is
limited. For example, if your fuel system meets the emission
requirements of this part applicable only to handheld Small SI
equipment, state that the requested certificate would apply only for
handheld Small SI equipment.
    (f) Identify the emission family's useful life.
    (g) Include the maintenance instructions you will give to the
ultimate purchaser of each new nonroad engine (see Sec.  1060.125).
    (h) Include the emission-related installation instructions you will
provide if someone else will install your component in a piece of
nonroad equipment (see Sec.  1060.130).
    (i) Describe your emission control information label (see
Sec. Sec.  1060.135 through 1060.138).
    (j) Identify the emission standards or FELs to which you are
certifying the emission family.
    (k) Present emission data to show your products meet the applicable
emission standards. Note that Sec. Sec.  1060.235 and 1060.240 allow
you to submit an application in certain cases without new emission
data.
    (l) State that your product was tested as described in the
application (including the test procedures, test parameters, and test
fuels) to show you meet the requirements of this part. If you did not
do the testing, identify the source of the data.
    (m) Report all test results, including those from invalid tests,
whether or not they were conducted according to the test procedures of
subpart F of this part. We may ask you to send other information to
confirm that your tests were valid under the requirements of this part.
    (n) Unconditionally certify that all the products in the emission
family comply with the requirements of this part, other referenced
parts of the CFR, and the Clean Air Act.
    (o) Include good-faith estimates of U.S.-directed production
volumes. Include a justification for the estimated production volumes
if they are substantially different than actual production volumes in
earlier years for similar models.
    (p) Include other applicable information, such as information
required by other subparts of this part.
    (q) Name an agent for service located in the United States. Service
on this agent constitutes service on you or any of your officers or
employees for any action by EPA or otherwise by the United States
related to the requirements of this part.

Sec.  1060.210  What records should equipment manufacturers keep if
they do not apply for certification?

    If you are an equipment manufacturer that does not need to obtain a
certificate of conformity for your equipment as described in Sec.
1060.1, you must keep the following records to document compliance with
applicable requirements, which we may review at any time:
    (a) Identify your equipment models and the annual U.S.-directed
production volumes for each model.
    (b) Identify the emission family names of the certificates that
will cover your equipment and the names of the companies that hold the
certificates.
    (c) Describe how you comply with any emission-related installation
instructions, labeling requirements, and the general standards in Sec.
1060.101(e) and (f).

Sec.  1060.225  How do I amend my application for certification?

    Before we issue a certificate of conformity, you may amend your
application to include new or modified configurations, subject to the
provisions of this section. After we have issued your certificate of
conformity, you may send us an amended application

requesting that we include new or modified configurations within the
scope of the certificate, subject to the provisions of this section.
You must amend your application if any changes occur with respect to
any information included in your application. If you would like to
modify a family emission limit for your product, you must submit a
separate application for a new emission family.
    (a) You must amend your application before you take either of the
following actions:
    (1) Add a configuration to an emission family. In this case, the
configuration added must be consistent with other configurations in the
emission family with respect to the criteria listed in Sec.  1060.230.
    (2) Change a configuration already included in an emission family
in a way that may affect emissions, or change any of the components you
described in your application for certification. This includes
production and design changes that may affect emissions any time during
the equipment's lifetime.
    (b) To amend your application for certification, send the
Designated Compliance Officer the following information:
    (1) Describe in detail the addition or change in the configuration
you intend to make.
    (2) Include engineering evaluations or data showing that the
amended emission family complies with all applicable requirements. You
may do this by showing that the original emission data are still
appropriate for showing that the amended family complies with all
applicable requirements.
    (3) If the original emission data for the emission family are not
appropriate to show compliance for the new or modified configuration,
include new test data showing that the new or modified configuration
meets the requirements of this part.
    (c) We may ask for more test data or engineering evaluations. You
must give us these within 30 days after we request them.
    (d) For emission families already covered by a certificate of
conformity, we will determine whether the existing certificate of
conformity covers your new or modified configuration. You may ask for a
hearing if we deny your request (see Sec.  1060.820).
    (e) For emission families already covered by a certificate of
conformity, you may start producing the new or modified configuration
anytime after you send us your amended application and before we make a
decision under paragraph (d) of this section. However, if we determine
that the affected configurations do not meet applicable requirements,
we will notify you to cease production of the configurations and may
require you to recall the equipment at no expense to the owner.
Choosing to produce equipment under this paragraph (e) is deemed to be
consent to recall all equipment that we determine do not meet
applicable emission standards or other requirements and to remedy the
nonconformity at no expense to the owner. If you do not provide
information required under paragraph (c) of this section within 30
days, you must stop producing the new or modified equipment.

Sec.  1060.230  How do I select emission families?

    (a) Divide your product line into families of equipment (or
components) that are expected to have similar emission characteristics
throughout the useful life.
    (b) Group fuel lines in the same emission family if they are the
same in all the following aspects:
    (1) Type of material including barrier layer.
    (2) Production method.
    (3) Types of connectors and fittings (material, approximate wall
thickness, etc.) for fuel line assemblies certified together.
    (4) Family emission limit, if applicable.
    (c) Group fuel tanks (or fuel systems including fuel tanks) in the
same emission family if they are the same in all the following aspects:
    (1) Type of material, including any pigments, plasticizers, UV
inhibitors, or other additives that may affect control of emissions.
    (2) Production method.
    (3) Relevant characteristics of fuel cap design for fuel systems
subject to diurnal or diffusion emission requirements.
    (4) Gasket material and design.
    (5) Emission control strategy.
    (6) Family emission limit, if applicable.
    (d) Group other fuel-system components and equipment in the same
emission family if they are the same in all the following aspects:
    (1) Emission control strategy and design.
    (2) Type of material (such as type of charcoal used in a carbon
canister). This criteria does not apply for materials that are
unrelated to emission control performance.
    (3) The fuel systems meet the running loss emission standard based
on the same type of compliance demonstration specified in Sec.
1060.104(b), if applicable.
    (e) You may subdivide a group of equipment or components that are
identical under paragraphs (b) through (d) of this section into
different emission families if you show the expected emission
characteristics are different during the useful life.
    (f) In unusual circumstances, you may group equipment or components
that are not identical with respect to the things listed in paragraph
(b) through (d) of this section in the same emission family if you show
that their emission characteristics during the useful life will be
similar. The provisions of this paragraph (f) do not exempt any engines
from meeting all the applicable standards and requirements in subpart B
of this part.
    (g) Select test components that are most likely to exceed the
applicable emission standards. For example, select a fuel tank with the
smallest average wall thickness (or barrier thickness, as appropriate)
of those fuel tanks you include in the same family.

Sec.  1060.235  What emission testing must I perform for my application
for a certificate of conformity?

    This section describes the emission testing you must perform to
show compliance with the emission standards in subpart B of this part.
    (a) Test your products using the procedures and equipment specified
in subpart F of this part.
    (b) Select an emission-data unit from each emission family for
testing. In general, you must test a preproduction product that will
represent actual production. However, for fuel tank permeation, you may
test a tank with standardized geometry, provided that it is made of the
same material(s) and appropriate wall thickness. Select the
configuration that is most likely to exceed (or have emissions nearer
to) an applicable emission standard. For example, for a family of
multilayer fuel tanks, test the tank with the thinnest barrier layer.
In general, the test procedures specify that components or systems be
tested rather than complete equipment. For example, to certify your
family of Small SI equipment, you would need to test a sample of fuel
line for permeation emissions, a fuel tank for permeation emissions,
and a fuel system for diffusion emissions. Note that paragraph (e) of
this section and Sec.  1060.240 allow you in certain circumstances to
certify without testing an emission-data unit from the emission family.
    (c) You may not do maintenance on emission-data units.

    (d) We may measure emissions from any of your products from the
emission family, as follows:
    (1) You must supply your products to us if we choose to perform
confirmatory testing.
    (2) If we measure emissions on one of your products, the results of
that testing become the official emission results for the emission
family. Unless we later invalidate these data, we may decide not to
consider your data in determining if your emission family meets
applicable requirements.
    (e) You may ask to use emission data from a previous production
period (carryover) instead of doing new tests, but only if all the
following are true:
    (1) The emission family from the previous production period differs
from the current emission family only with respect to production period
or other characteristics unrelated to emissions. You may also ask to
add a configuration subject to Sec.  1060.225.
    (2) The emission-data unit from the previous production period
remains the appropriate emission-data unit under paragraph (b) of this
section. For example, you may not carryover emission data for your
family of nylon fuel tanks if you have added a thinner-walled fuel tank
than was tested previously.
    (3) The data show that the emission-data unit would meet all the
requirements that apply to the emission family covered by the
application for certification.
    (f) We may require you to test a second unit of the same or
different configuration in addition to the unit tested under paragraph
(b) of this section.
    (g) If you use an alternate test procedure under Sec.  1060.505,
and later testing shows that such testing does not produce results that
are equivalent to the procedures specified in this part, we may reject
data you generated using the alternate procedure.

Sec.  1060.240  How do I demonstrate that my emission family complies
with evaporative emission standards?

    (a) For purposes of certification, your emission family is
considered in compliance with an evaporative emission standard in
subpart B of this part if you do either of the following:
    (1) You have test results showing measured emission levels from the
fuel tank or fuel line (as applicable) in the family are at or below
the applicable standard.
    (2) You comply with the design specifications in paragraph (d) of
this section.
    (b) Your emission family is deemed not to comply if any fuel tank
or fuel line representing that family has test results showing an
official emission level above the standard.
    (c) Round the measured emission level to the same number of decimal
places as the emission standard. Compare the rounded emission levels to
the emission standard for each emission-data unit.
    (d) You may demonstrate for certification that your emission family
complies with the evaporative emission standards by demonstrating that
you use the following control technologies:
    (1) [Reserved]
    (2) For certification to the fuel tank permeation standards
specified in Sec.  1060.103 with the following control technologies:
    (i) A metal fuel tank with no nonmetal gaskets or with gaskets made
from a low-permeability material.
    (ii) A metal fuel tank with nonmetal gaskets with an exposed gasket
surface area of 1,000 mm2 or less.
    (iii) A coextruded high-density polyethylene fuel tank with a
continuous ethylene vinyl alcohol barrier layer making up at least 2
percent of the fuel tank's overall wall thickness, with no nonmetal
gaskets or with gaskets made from a low-permeability material.
    (iv) A coextruded high-density polyethylene fuel tank with a
continuous ethylene vinyl alcohol barrier layer making up at least 2
percent of the fuel tank's overall wall thickness, with nonmetal
gaskets or with an exposed gasket surface area of 1,000 mm2
or less.
    (3) For certification to the diurnal standards specified in Sec.
1060.105 with the following control technologies:
    (i) A Marine SI fuel tank sealed up to a positive pressure of 7.0
kPa (1.0 psig); however, they may contain air inlets that open when
there is a vacuum pressure inside the tank.
    (ii) A Marine SI fuel tank equipped with a passively purged carbon
canister with a minimum carbon volume of 0.040 liters per gallon of
fuel tank capacity (or 0.016 liters per gallon for fuel tanks used in
nontrailerable boats). The carbon canister must have a minimum
effective length-to-diameter ratio of 3.5 and the vapor flow must be
directed with the intent of using the whole carbon bed. The carbon must
have a minimum butane working capacity of 90 g/L based on the test
procedures specified in ASTM D5228-92 (incorporated by reference in
Sec.  1060.810). The carbon must adsorb no more than 0.5 grams of water
per gram of carbon at 90% relative humidity and a temperature of 25
 5 [deg]C. The carbon must also pass a dust attrition test
based on ASTM D3802-79 (incorporated by reference in Sec.  1060.810),
except that hardness is defined as the ratio of mean particle diameter
before and after the test and the procedure must involve twenty \1/2\-
inch steel balls and ten \3/4\-inch steel balls. Good engineering
judgment must be used in the structural design of the carbon canister.
The canister must have a volume compensator or some other device to
prevent the carbon pellets from moving within the canister as a result
of vibration or changing temperature.
    (4) We may establish additional design certification options where
we find that new test data demonstrate that the use of a different
technology design will ensure compliance with the applicable emission
standards.
    (e) You may not establish a family emission limit below the
emission standard for components certified based on design
specifications under this section, even if actual emission rates are
much lower.

Sec.  1060.250  What records must I keep and what reports must I send
to EPA?

    (a) Organize and maintain the following records:
    (1) A copy of all applications and any summary information you send
us.
    (2) Any of the information we specify in Sec.  1060.205 that you
were not required to include in your application.
    (3) A detailed history of each emission-data unit. For each
emission data unit, include all of the following:
    (i) The emission-data unit's construction, including its origin and
buildup, steps you took to ensure that it represents production
equipment, any components you built specially for it, and all the
components you include in your application for certification.
    (ii) All your emission tests, including documentation on routine
and standard tests, and the date and purpose of each test.
    (iii) All tests to diagnose emission control performance, giving
the date and time of each and the reasons for the test.
    (iv) Any other significant events.
    (4) Production figures for each emission family divided by assembly
plant.
    (5) Keep a list of equipment identification numbers for all the
equipment you produce under each certificate of conformity.
    (b) Keep data from routine emission tests (such as test cell
temperatures and relative humidity readings) for one year after we
issue the associated certificate of conformity. Keep all other
information specified in paragraph (a) of this section for eight years
after we issue your certificate.

    (c) Store these records in any format and on any media, as long as
you can promptly send us organized, written records in English if we
ask for them. You must keep these records readily available. We may
review them at any time.
    (d) Send us copies of any maintenance instructions or explanations
if we ask for them.

Sec.  1060.255  What decisions may EPA make regarding my certificate of
conformity?

    (a) If we determine your application is complete and shows that the
emission family meets all the requirements of this part and the Act, we
will issue a certificate of conformity for your emission family for
that production period. We may make the approval subject to additional
conditions.
    (b) We may deny your application for certification if we determine
that your emission family fails to comply with emission standards or
other requirements of this part or the Act. Our decision may be based
on a review of all information available to us. If we deny your
application, we will explain why in writing.
    (c) In addition, we may deny your application or suspend or revoke
your certificate if you do any of the following:
    (1) Refuse to comply with any testing or reporting requirements.
    (2) Submit false or incomplete information (paragraph (e) of this
section applies if this is fraudulent).
    (3) Render inaccurate any test data.
    (4) Deny us from completing authorized activities despite our
presenting a warrant or court order (see 40 CFR 1068.20). This includes
a failure to provide reasonable assistance.
    (5) Produce equipment for importation into the United States at a
location where local law prohibits us from carrying out authorized
activities.
    (6) Fail to supply requested information or amend your application
to include all equipment being produced.
    (7) Take any action that otherwise circumvents the intent of the
Act or this part.
    (d) We may void your certificate if you do not keep the records we
require or do not give us information when we ask for it.
    (e) We may void your certificate if we find that you intentionally
submitted false or incomplete information.
    (f) If we deny your application or suspend, revoke, or void your
certificate, you may ask for a hearing (see Sec.  1060.820).

Subpart D--Production Verification Testing

Sec.  1060.301  Manufacturer testing.

    (a) You must test production samples or otherwise verify that
equipment or components you produce are as specified in the certificate
of conformity.
    (b) You must provide records of such verification to us upon
request.

Sec.  1060.310  Supplying products to EPA for testing.

    Upon our request, you must supply a reasonable number of production
samples to us for verification testing.

Subpart E--In-Use Testing

Sec.  1060.401  General Provisions.

    We may perform in-use testing of any equipment or fuel-system
component subject to the standards of this part.

Subpart F--Test Procedures

Sec.  1060.501  General testing provisions.

    (a) This subpart is addressed to you as a certifying manufacturer,
but it applies equally to anyone who does testing for you.
    (b) Unless we specify otherwise, the terms ``procedures'' and
``test procedures'' in this part include all aspects of testing,
including the equipment specifications, calibrations, calculations, and
other protocols and procedural specifications needed to measure
emissions.
    (c) The specification for gasoline to be used for testing is given
in 40 CFR 1065.710. Use the grade of gasoline specified for general
testing. For testing specified in this part that requires a blend of
gasoline and ethanol, blend this grade of gasoline with reagent-grade
ethanol. You may use less pure ethanol if you can demonstrate that it
will not affect your ability to demonstrate compliance with the
applicable emission standards.
    (d) Accuracy and precision of all temperature measurements must be
 1.0 [deg]C or better. If you use multiple sensors to
measure differences in temperature, calibrate the sensors so they will
be within 0.5 [deg]C of each other when they are in thermal equilibrium
at a point within the range of test temperatures (use the starting
temperature in Table 1 of Sec.  1060.525, unless this is not feasible).
    (e) Accuracy and precision of mass balances must be sufficient to
ensure accuracy and precision of two percent or better for emission
measurements for products at the maximum level allowed by the standard.
The readability of the display may not be coarser than half of the
required accuracy and precision. Examples are shown in the following
table:

----------------------------------------------------------------------------------------------------------------
                                          Example 1       Example 2       Example 3
----------------------------------------------------------------------------------------------------------------
Applicable standard..................  1.5 g/m2/day...........  1.5 g/m2/day...........  15 g/m2/day
Internal surface area................  1.15 m2................  0.47 m2................  0.070 m2
Length of test.......................  14 days................  14 days................  28 days
Maximum allowable mass change........  24.15 g................  9.87 g.................  1.96 g
Required accuracy and precision......   0.483 g or   0.197 g or   0.0392 g
                                        better.                  better.                  or better
Required readability.................  0.1 g or better........  0.1 g or better........  0.01 g or better
----------------------------------------------------------------------------------------------------------------

Sec.  1060.505  Other procedures.

    (a) Your testing. The procedures in this part apply for all testing
you do to show compliance with emission standards, with certain
exceptions listed in this section.
    (b) Our testing. These procedures generally apply for testing that
we do to determine if your equipment complies with applicable emission
standards. We may perform other testing as allowed by the Act.
    (c) Exceptions. We may allow or require you to use procedures other
than those specified in this part in the following cases:
    (1) You may request to use special procedures if your equipment
cannot be tested using the specified procedures. We will approve your
request if we determine that it would produce emission measurements
that represent in-use operation and we determine that it can be used to
show compliance with the requirements of the standard-setting part.
    (2) You may ask to use emission data collected using other
procedures, such as those of the California Air Resources Board or the
International Organization

for Standardization. We will approve this only if you show us that
using these other procedures does not affect your ability to show
compliance with the applicable emission standards. This generally
requires emission levels to be far enough below the applicable emission
standards so any test differences do not affect your ability to state
unconditionally that your equipment will meet all applicable emission
standards when tested using the specified test procedures.
    (3) You may request to use alternate procedures that are equivalent
to allowed procedures or are more accurate or more precise than allowed
procedures. See 40 CFR 1065.12 for a description of the information
that is generally required to show that an alternate test procedure is
equivalent.
    (4) The test procedures are specified for gasoline-fueled
equipment. If your equipment will use another volatile liquid fuel
instead of gasoline, use a test fuel that is representative of the fuel
that will be used with the equipment in use. You may ask us to approve
other changes to the test procedures to reflect the effects of using a
fuel other than gasoline.
    (d) Approval. If we require you to request approval to use other
procedures under paragraph (c) of this section, you may not use them
until we approve your request.

Sec.  1060.510  How do I test EPA Low Emission Fuel Lines for
permeation emissions?

    For low-emission fuel lines (EPA LEFL), measure emissions according
to SAE standard procedure number J2260, which is incorporated by
reference in Sec.  1054.810.

Sec.  1060.515  How do I test EPA Nonroad Fuel Lines and EPA Cold
Weather Fuel Lines for permeation emissions?

    Measure emission as follows for EPA NRFL and EPA CWFL fuel lines:
    (a) Prior to permeation testing, precondition the fuel line by
filling it with the fuel specified in paragraph (c) of this section,
sealing the openings, and soaking it for 4 to 8 weeks at 23 < plus-
minus> 5 [deg]C. Use Fuel CE10, which is Fuel C as specified in ASTM D
471-06 (incorporated by reference in Sec.  1054.810) blended with 10
percent ethanol by volume.
    (b) Drain the fuel line and refill it immediately with the fuel
specified in paragraph (a) of this section. Be careful not to spill any
fuel.
    (c) Measure fuel line permeation emissions using the equipment and
procedures for weight-loss testing specified in SAE J30 or SAE J1527
(incorporated by reference in Sec.  1054.810). Start the measurement
procedure within 8 hours after draining and refilling the fuel line.

Sec.  1060.520  How do I test fuel tanks for permeation emissions?

    Measure permeation emissions by weighing a sealed fuel tank before
and after a temperature-controlled soak.
    (a) Preconditioning durability testing. Take the following steps
before an emission test, in any order, unless we determine that
omission of one or more of these durability tests will not affect the
emissions from your fuel tank:
    (1) Pressure cycling. Perform a pressure test by sealing the tank
and cycling it between +13.8 and -1.7 kPa (+2.0 and -0.5 psig) for
10,000 cycles at a rate of 60 seconds per cycle. The purpose of this
test is to represent environmental wall stresses caused by pressure
changes and other factors (such as vibration or thermal expansion). If
your tank cannot be tested using the pressure cycles specified by this
paragraph (a)(1), you may ask to use special test procedures under
Sec.  1060.505.
    (2) UV exposure. Perform a sunlight-exposure test by exposing the
tank to an ultraviolet light of at least 24 W/m\2\ (0.40 W-hr/m\2\/min)
on the tank surface for at least 450 hours. Alternatively, the fuel
tank may be exposed to direct natural sunlight for an equivalent period
of time, as long as you ensure that the tank is exposed to at least 450
daylight hours.
    (3) Slosh testing. Perform a slosh test by filling the tank to 40
percent of its capacity with the fuel specified in paragraph (e) of
this section and rocking it at a rate of 15 cycles per minute until you
reach one million total cycles. Use an angle deviation of +15[deg] to -
15[deg] from level.
    (b) Preconditioning fuel soak. Take the following steps before an
emission test:
    (1) Fill the tank with the fuel specified in paragraph (e) of this
section, seal it, and allow it to soak at 28  5 [deg]C for
at least 20 weeks. Alternatively, the tank may be soaked for at least
10 weeks at 43  5 [deg]C. You may count the time of the
preconditioning steps in paragraph (a) of this section as part of the
preconditioning fuel soak, as long as the ambient temperature remains
within the specified temperature range and the fuel tank is at least 40
percent full; you may add or replace fuel as needed to conduct the
specified durability procedures.
    (2) Determine the fuel tank's internal surface area in square-
meters, accurate to at least three significant figures. You may use
less accurate estimates of the surface area if you make sure not to
overestimate the surface area.
    (3) Empty the fuel tank and immediately refill it with the
specified test fuel to its nominal capacity. Be careful not to spill
any fuel.
    (4) Allow the tank and its contents to equilibrate to the
temperatures specified in paragraph (d)(6) of this section.
    (5) Seal the fuel tank within eight hours after refueling as
follows:
    (i) You may seal the fuel inlet with a nonpermeable covering if the
fuel tank is designed to have a separate filler neck between the fuel
cap and the tank, and the filler neck is at least 12 inches long and
has an opening at least 6 inches above the top of the fuel tank.
    (ii) For filler necks not meeting the specifications described in
paragraph (b)(5)(i) of this section, take one of the following
approaches:
    (A) Use a production fuel cap expected to have permeation emissions
at least as high as the highest-emitting fuel cap that you expect to be
used with fuel tanks from the emission family. It would generally be
appropriate to consider an HDPE fuel cap with a nitrile rubber seal to
be worst-case.
    (B) You may seal the fuel inlet with a nonpermeable covering if you
separately measure the permeation from a worst-case fuel cap as
described in Sec.  1060.521.
    (iii) Openings that are not normally sealed on the fuel tank (such
as hose-connection fittings and vents in fuel caps) may be sealed using
nonpermeable fittings such as metal or fluoropolymer plugs.
    (iv) Openings for petcocks that are designed for draining fuel may
be sealed using nonpermeable fittings such as metal or fluoropolymer
plugs.
    (c) Reference tank. A reference tank is required to correct for
buoyancy effects that may occur during testing. Prepare the reference
tank as follows:
    (1) Obtain a second tank that is identical to the test tank. You
may not use a tank that has previously contained fuel or any other
contents that might affect its mass stability.
    (2) Fill the reference tank with enough dry sand (or other inert
material) so the mass of the reference tank is approximately the same
as the test tank when filled with fuel. Use good engineering judgment
to determine how similar the mass of the reference tank needs to be to
the mass of the test tank, considering the performance characteristics
of your balance.
    (3) Ensure that the sand (or other inert material) is dry. This may
require heating the tank or applying a vacuum to it.

    (4) Seal the tank.
    (d) Permeation test run. To run the test, take the following steps
after preconditioning:
    (1) Weigh the sealed test tank and record the weight. Place the
reference tank on the balance and tare it so it reads zero. Place the
sealed test tank on the balance and record the difference between the
test tank and the reference tank. This value is Minitial.
Take this measurement within 8 hours of filling the test tank with fuel
as specified in paragraph (b)(3) of this section.
    (2) Carefully place the tank within a ventilated, temperature-
controlled room or enclosure. Do not spill or add any fuel.
    (3) Close the room or enclosure and record the time.
    (4) Ensure that the measured temperature in the room or enclosure
stays within the temperatures specified in paragraph (d)(6) of this
section.
    (5) Leave the tank in the room or enclosure for 14 days.
    (6) Hold the temperature of the room or enclosure at 28 < plus-
minus> 2 [deg]C; measure and record the temperature at least daily. You
may alternatively hold the temperature of the room or enclosure at 40
 2 [deg]C to demonstrate compliance with the alternative
standards specified in Sec.  1060.103(b).
    (7) At the end of the soak period, retare the balance using the
reference tank and weigh the sealed test tank. Record the difference in
mass between the reference tank and the test tank. This value is
Mfinal.
    (8) Subtract Mfinal from Minitial; divide the
difference by the internal surface area of the fuel tank. Divide this
g/m\2\ value by the number of test days (using at least three
significant figures) to calculate the emission rate in g/m\2\/day.
Example: If a tank with an internal surface area of 0.720 m\2\ weighed
1.31 grams less than the reference tank at the beginning of the test
and weighed 9.86 grams less than the reference tank after soaking for
14.03 days, the emission rate would be--

((-1.31 g) - (-9.82 g)) / 0.72 m\2\ / 14.03 days = 0.842 g/m\2\/day.

    (9) Round your result to the same number of decimal places as the
emission standard.
    (10) In cases where consideration of permeation rates, using good
engineering judgment, leads you to conclude that soaking for 14 days is
not long enough to measure weight change with enough significant
figures, you may soak for 14 days longer. In this case, repeat the
steps in paragraphs (b)(8) and (9) of this section to determine the
weight change for the full 28 days.
    (e) Fuel specifications. Use gasoline blended with 10 percent
ethanol by volume as specified in Sec.  1060.501. As an alternative,
you may use Fuel CE10, which is Fuel C as specified in ASTM D 471-06
(incorporated by reference in Sec.  1060.810) blended with 10 percent
ethanol by volume.

Sec.  1060.521  How do I test fuel caps for permeation emissions?

    If you measure a fuel tank's permeation emissions with a
nonpermeable covering in place of the fuel cap as described in Sec.
1060.520(b)(5)(ii), you must separately measure permeation emissions
from a fuel cap. You may show that your fuel tank and fuel cap meet
emission standards by certifying them separately or by combining the
separate measurements into a single emission rate based on the relative
areas of the fuel tank and fuel cap. Measure fuel cap's permeation
emissions as follows:
    (a) Select a fuel cap expected to have permeation emissions at
least as high as the highest-emitting fuel cap that you expect to be
used with fuel tanks from the emission family. Include a gasket that
represents production models. If the fuel cap includes vent paths, seal
these vents as follows:
    (1) If the vent path is through grooves in the gasket, you may use
another gasket with no vent grooves if it is otherwise the same as a
production gasket.
    (2) If the vent path is through the cap, seal any vents for
testing.
    (b) Attach the fuel cap to a fuel tank with a capacity of at least
one liter made of metal or some other impermeable material.
    (c) Use the procedures specified in Sec.  1060.520 to measure
permeation emissions. Calculate emission rates using the smallest
inside cross sectional area of the opening on which the cap is mounted
as the fuel cap's surface area.

Sec.  1060.525  How do I test fuel systems for diurnal emissions?

    Use the procedures of this section to determine whether your fuel
tanks meet the diurnal emission standards in Sec.  1060.105.
    (a) Except as specified in paragraph (c) of this section, use the
following procedure to measure diurnal emissions:
    (1) Diurnal measurements are based on a representative temperature
cycle. For marine fuel tanks, the temperature cycle specifies fuel
temperatures rather than ambient temperatures. The applicable
temperature cycle is indicated in the following table:

                     Table 1 to Sec.   1060.525--Diurnal Temperature Profiles for Fuel Tanks
----------------------------------------------------------------------------------------------------------------
                                                                                Fuel
                                                                                General fuel     temperature
                                                                      Ambient       temperature     profile for
                                                                    temperature     profile for     marine fuel
                          Time  (hours)                             profile for      installed         tanks
                                                                    land-based     marine  fuel    installed in
                                                                    fuel tanks         tanks      nontrailerable
                                                                     ([deg]C)        ([deg]C)          boats
                                                                                ([deg]C)
----------------------------------------------------------------------------------------------------------------
0...............................................................            22.2            25.6            27.6
1...............................................................            22.5            25.7            27.6
2...............................................................            24.2            26.5            27.9
3...............................................................            26.8            27.9            28.5
4...............................................................            29.6            29.2            29.0
5...............................................................            31.9            30.4            29.5
6...............................................................            33.9            31.4            29.9
7...............................................................            35.1            32.0            30.1
8...............................................................            35.4            32.2            30.2
9...............................................................            35.6            32.2            30.2
10..............................................................            35.3            32.1            30.2
11..............................................................            34.5            31.7            30.0
12..............................................................            33.2            31.0            29.7
13..............................................................            31.4            30.2            29.4

14..............................................................            29.7            29.3            29.1
15..............................................................            28.2            28.6            28.8
16..............................................................            27.2            28.0            28.5
17..............................................................            26.1            27.5            28.3
18..............................................................            25.1            27.0            28.1
19..............................................................            24.3            26.6            28.0
20..............................................................            23.7            26.3            27.9
21..............................................................            23.3            26.1            27.8
22..............................................................            22.9            25.9            27.7
23..............................................................            22.6            25.7            27.6
24..............................................................            22.2            25.6            27.6
----------------------------------------------------------------------------------------------------------------

    (2) Fill the fuel tank to 40 percent of nominal capacity with the
gasoline specified in 40 CFR 1065.710 for general testing.
    (3) Install a vapor line from any vent ports that would not be
sealed in the final in-use configuration. Use a length of vapor line
representing the shortest length that would be expected with the range
of in-use installations for the emission family.
    (4) Stabilize the fuel tank at the starting temperature of the
applicable temperature profile from paragraph (a)(1) of this section.
    (5) If the fuel tank is equipped with a carbon canister, load the
canister with butane or gasoline vapors to its carbon working capacity
and attach it to the fuel tank in a way that represents a typical in-
use configuration.
    (6) Place the fuel tank with the carbon canister and vent line in a
SHED meeting the specifications of 40 CFR 86.107-96(a)(1). Follow the
applicable temperature trace from paragraph (a)(1) of this section for
one 24-hour period. You need not measure emissions during this
stabilization step.
    (7) As soon as possible after the stabilization in paragraph (a)(6)
of this section, purge the SHED and follow the applicable temperature
trace from paragraph (a)(1) of this section for three consecutive 24-
hour periods. Start measuring emissions when you start the temperature
profile. The end of the first, second, and third emission sampling
periods must occur 1440  6, 2880  6, and 4320
 6 minutes, respectively, after starting the measurement
procedure. Use the highest of the three emission levels to determine
whether your fuel tank meets the diurnal emission standard.
    (b) You may subtract your fuel tank's permeation emissions from the
measured diurnal emissions if the fuel tank is preconditioned with
diurnal test fuel as described in Sec.  1060.520(b) or if you use good
engineering judgment to otherwise establish that the fuel tank has
stabilized permeation emissions. Measure permeation emissions for
subtraction as specified in Sec.  1060.520(c) and (d) before measuring
diurnal emissions, except that the permeation measurement must be done
with diurnal test fuel. Use appropriate units and corrections to
subtract the permeation emissions from the fuel tank during the diurnal
emission test. You may not subtract a greater mass of emissions under
this paragraph (b) than the fuel tank would emit based on meeting the
applicable emission standard for permeation.
    (c) For emission control technologies that do not use carbon
canisters or other emission-sorbing materials, you must follow the
procedures specified in paragraph (a) of this section, but you may omit
the stabilization step in paragraph (a)(6) of this section and the last
two 24-hour periods of emission measurements in paragraph (a)(7) of
this section.

Sec.  1060.530  How do I test fuel systems for diffusion emissions?

    Use the procedures of this section to determine whether your fuel
tanks meet the diffusion emission standards in Sec.  1060.105.
    (a) Use the following procedure to measure diffusion emissions:
    (1) Diffusion measurements are based on a 6-hour soak under
nominally isothermal conditions.
    (2) Fill the fuel tank to 90 percent of nominal capacity with the
gasoline specified for general testing in 40 CFR 1065.710.
    (3) Install fuel caps, vent ports, and vent lines representing in-
use configurations.
    (4) Stabilize the fuel tank at 28  2 [deg]C. You need
not measure emissions during this stabilization step.
    (5) If the fuel system is equipped with a carbon canister, load the
canister with butane or gasoline vapors to its carbon working capacity
and attach it to the fuel tank in a way that represents a typical in-
use configuration.
    (6) Place the fuel tank with the carbon canister and vent line in a
sealed enclosure such as a SHED meeting the specifications of 40 CFR
86.107-96(a)(1). (Note: Make sure the enclosure is large enough that
the mixture of fuel vapor and air within the enclosure will remain
safely below the applicable lower flammability limit.)
    (7) Hold the temperature of the enclosure at 28  2
[deg]C throughout the measurement procedure.
    (8) Immediately following the stabilization period, purge the SHED.
Reseal the SHED and start measuring emissions. Collect emission
measurements for 6 hours. Use the measured results to calculate an
emission rate over a 24-hour period.
    (b) You may subtract your fuel tank's permeation emissions from the
measured diffusion emissions if the fuel tank is preconditioned with
diffusion test fuel as described in Sec.  1060.520(b) or if you use
good engineering judgment to otherwise establish that the fuel tank has
stabilized permeation emissions. Measure permeation emissions for
subtraction as specified in Sec.  1060.520(c) and (d) before measuring
diffusion emissions, except that the permeation measurement must be
done with diffusion test fuel. Use appropriate units and corrections to
subtract the permeation emissions from the fuel tank

during the diffusion emission test. You may not subtract a greater mass
of emissions under this paragraph (b) than the fuel tank would emit
based on meeting the applicable emission standard for permeation.
    (c) You may use the procedures of this section to certify fuel caps
to diffusion emission standards. To do this, install the fuel cap on a
fuel tank that has no other vent path.

Sec.  1060.535  How do I measure fuel temperatures to comply with
running loss requirements?

    Measure fuel temperature on representative equipment models as
needed to show that all affected equipment models will not exceed the
temperature rise specified in Sec.  1060.104(b)(3).
    (a) Measure fuel temperatures as follows:
    (1) Select a piece of equipment representing the equipment
configuration to be produced.
    (2) Position a thermocouple in the fuel tank so it remains wetted
when the fuel tank is 20 percent full, without touching the inside
walls or bottom of the fuel tank.
    (3) Except as specified in paragraph (b) of this section, you must
conduct this testing outdoors without shelter under the following
conditions:
    (i) Ambient temperature must start between 20 and 30 [deg]C and be
steady or increasing during the test. Measure shaded ambient
temperatures near the test site.
    (ii) Average wind speed must be below 15 miles per hour.
    (iii) No precipitation.
    (iv) Maximum cloud cover of 25 percent as reported by the nearest
local airport making hourly meteorological observations.
    (4) Fill the fuel tank with a commercially available fuel. Testing
may start when fuel temperatures in the tank are within 2 [deg]C of the
ambient temperature without exceeding the ambient temperature.
    (5) Operate the equipment for one hour or until it uses 80 percent
of the total fuel tank capacity, whichever occurs first, over a normal
in-use duty cycle.
    (6) Show that the difference between the maximum and minimum
measured fuel temperature during the operation specified in paragraph
(a)(5) of this section does not exceed 8 [deg]C at any time during the
operation.
    (b) You may ask us to approve a plan to measure fuel temperatures
indoors. Your plan must establish a measurement procedure that would
simulate outdoor conditions and consider engine operation, solar load,
temperature, and wind speed such that the measured values would be
expected to be the same as if they were measured using the procedures
in paragraph (a) of this section.
    (c) If a piece of equipment has more than one fuel tank, you may
measure fuel temperatures in each fuel tank at the same time, but each
fuel tank must control temperatures as specified in Sec.
1060.104(b)(3).
    (d) Keep records of all the measurements you make under this
section. Also keep records describing the engine and equipment
operation used for the measurements, including information related to
factors that would affect engine load. For example, if the operation
involves cutting grass, document the grass height and density and the
mower's cutting height. Keep these records for at least eight years
after the end of the last model year for which the test results apply.

Subpart G--Special Compliance Provisions

Sec.  1060.601  How do the prohibitions of 40 CFR 1068.101 apply with
respect to the requirements of this part?

    (a) As described in Sec.  1060.1, certain fuel tanks and fuel lines
that are used with or intended to be used with new nonroad engines are
subject to evaporative emission standards under this part 1060. This
includes portable marine fuel tanks and fuel lines and other fuel-
system components associated with portable marine fuel tanks. Except as
specified in paragraph (f) of this section, these fuel-system
components must therefore be covered by a valid certificate of
conformity before being introduced into U.S. commerce to avoid
violating the prohibition of 40 CFR 1068.101(a). To the extent we allow
it under the exhaust standard-setting part, fuel-system components may
be certified with a family emission limit higher than the emission
standard. The provisions of this paragraph (a) do not apply to fuel
caps.
    (b) New replacement fuel tanks and fuel lines are subject to
evaporative emission standards under this part 1060 if they are
intended to be used with nonroad engines that are regulated by this
part 1060, as follows:
    (1) Applicability of standards between January 1, 2012 and December
31, 2019. Manufacturers, distributors, retailers, and importers are
obligated to clearly state on the packaging for all replacement
components that could reasonably be used with nonroad engines how such
components may be used consistent with the prohibition in paragraph (a)
of this section. It is presumed that such components are intended for
use with nonroad engines, unless the components, or the packaging for
such components, clearly identify appropriate restrictions. This
requirement does not apply for components that are clearly not intended
for use with fuels.
    (2) Applicability of standards after January 1, 2020. Starting
January 1, 2020 it is presumed that replacement components will be used
with nonroad engines subject to the standards of this part if they can
reasonably be used with such engines. Manufacturers, distributors,
retailers, and importers are therefore obligated to take all reasonable
steps possible to ensure that any uncertified components are not used
to replace certified components. This would require labeling the
components and may also require restricting the sales and requiring the
ultimate purchaser to agree to not use the components inappropriately.
This requirement does not apply for components that are clearly not
intended for use with fuels.
    (3) Applicability of the tampering prohibition. If a fuel tank or
fuel line needing replacement was certified to meet the emission
standards in this part with a family emission limit below the otherwise
applicable standard, the new replacement fuel tank or fuel line must be
certified with the same or lower family emission limit to avoid
violating the tampering prohibition in 40 CFR 1068.101(b)(1). Equipment
owners may request an exemption from this requirement by demonstrating
that no such fuel tanks or fuel lines are available. We may issue
guidance to address such exemptions more broadly if appropriate.
    (c) Small SI engines must have a valid certificate of conformity
with respect to running loss emission standards before being introduced
into U.S. commerce to avoid violating the prohibition of 40 CFR
1068.101(a). The running loss emission standard cannot be met by
component manufacturers. The emission standard and the responsibility
for certification applies to engine manufacturers or equipment
manufacturers as follows:
    (1) Engines with complete fuel systems are subject to the running
loss emission standard.
    (2) If Small SI engines are sold without complete fuel systems, the
associated equipment is subject to the running loss emission standard.
    (d) Manufacturers that generate or use emission credits related to
Marine SI engines in 40 CFR part 1045 or Small SI

engines in 40 CFR part 1054 are subject to the emission standards for
which they are generating or using emission credits. These engines or
equipment must therefore be covered by a valid certificate of
conformity showing compliance with emission-credit provisions before
being introduced into U.S. commerce to avoid violating the prohibition
of 40 CFR 1068.101(a).
    (e) Where there is no valid certificate of conformity for any given
evaporative emission standard for new equipment, the manufacturers of
the engine, equipment and fuel-system components are each liable for
violations of the prohibited acts.
    (f) If you manufacture fuel lines or fuel tanks that are subject to
the requirements of this part as described in paragraph (a) of this
section, the prohibition in 40 CFR 1068.101(a) does not apply to your
products if you ship them directly to an equipment manufacturer or
another manufacturer with which you have a contractual agreement that
obligates the other manufacturer to certify those fuel lines or fuel
tanks.

Sec.  1060.605  Exemptions from evaporative emission standards.

    (a) Except as specified in the exhaust standard-setting part and
paragraph (b) of this section, equipment using an engine that is exempt
from emission standards under the provisions in 40 CFR part 1068,
subpart C or D, is also exempt from the requirements of this part 1060.
For example, engines or equipment exempted from exhaust emission
standards for purposes of national security do not need to meet
evaporative emission standards. Also, any engine that is exempt from
emission standards because it will be used solely for competition does
not need to meet evaporative emission standards.
    (b) Engines produced under the replacement-engine exemption in 40
CFR 1068.240 must use fuel-system components that meet the evaporative
emission standards based on the model year of the engine being replaced
subject to the provisions of 40 CFR 1068.265. If no evaporative
emission standards applied at that time, no requirements related to
evaporative emissions apply to the new engine. Installing a replacement
engine does not change the applicability of requirements for the