NO span gas sample passes through a dryer for this verification test,
control the vessel temperature to generate an H2O level at
least as high as the level determined in Sec.  1065.145(d)(2). For this
case, the quench verification calculations in Sec.  1065.675 do not
scale the measured H2O quench.
    (6) Introduce the humidified NO test gas into the sample system.
You may introduce it upstream or downstream of any sample dryer that is
used during emission testing. Note that the sample dryer must meet the
sample dryer verification check in Sec.  1065.342.
    (7) Measure the mole fraction of H2O in the humidified
NO span gas downstream of the sample dryer, xH2Omeas. We
recommend that you measure xH2Omeas as close as possible to
the CLD analyzer inlet. You may calculate xH2Omeas from
measurements of dew point, Tdew, and absolute pressure,
ptotal.
    (8) Use good engineering judgment to prevent condensation in the
transfer lines, fittings, or valves from the point where
xH2Omeas is measured to the analyzer. We recommend that you
design your system so the wall temperatures in the transfer lines,
fittings, and valves from the point where xH2Omeas is
measured to the analyzer are at least 5 [deg]C above the local sample
gas dew point.
    (9) Measure the humidified NO span gas concentration with the CLD
analyzer. Allow time for the analyzer response to stabilize.
Stabilization time may include time to purge the transfer line and to
account for analyzer response. While the analyzer measures the sample's
concentration, record the analyzer's output for 30 seconds. Calculate
the arithmetic mean of these data, xNOwet. Record
xNOwet and use it in the quench verification calculations in
Sec.  1065.675.
    (f) Corrective action. If the sum of the H2O quench plus
the CO2 quench is less than -2% or greater than +2%, take
corrective action by repairing or replacing the analyzer. Before
running emission tests, verify that the corrective action successfully
restored the analyzer to proper functioning.
    (g) Exceptions. The following exceptions apply:
    (1) You may omit this verification if you can show by engineering
analysis

that for your NOX sampling system and your emission
calculations procedures, the combined CO2 and H2O
interference for your NOX CLD analyzer always affects your
brake-specific NOX emission results within no more than
1.0% of the applicable NOX standard.
    (2) You may use a NOX CLD analyzer that you determine
does not meet this verification, as long as you try to correct the
problem and the measurement deficiency does not adversely affect your
ability to show that engines comply with all applicable emission
standards.

0
226. Section 1065.378 is amended by revising paragraph (d)(4) to read
as follows:

Sec.  1065.378  NO2-to-NO converter conversion verification.

* * * * *
    (d) * * *
    (4) Performance evaluation. Calculate the efficiency of the
NOX converter by substituting the concentrations obtained
into the following equation:
[GRAPHIC] [TIFF OMITTED] TR08OC08.097

* * * * *

Subpart F--[Amended]

0
227. Section 1065.510 is amended by revising paragraphs (b)(3) and
(b)(6) to read as follows:

Sec.  1065.510  Engine mapping.

* * * * *
    (b) * * *
    (3) Operate the engine at its warm idle speed as follows:
    (i) For engines with a low-speed governor, set the operator demand
to minimum, use the dynamometer or other loading device to target a
torque of zero on the engine's primary output shaft, and allow the
engine to govern the speed. Measure this warm idle speed; we recommend
recording at least 30 values of speed and using the mean of those
values.
    (ii) For engines without a low-speed governor, operate the engine
at warm idle speed and zero torque on the engine's primary output
shaft. You may use the dynamometer to target a torque of zero on the
engine's primary output shaft, and manipulate the operator demand to
control the speed to target the manufacturer-declared value for the
lowest engine speed possible with minimum load (also known as
manufacturer-declared warm idle speed). You may alternatively use the
dynamometer to target the manufacturer-declared warm idle speed and
manipulate the operator demand to control the torque on the engine's
primary output shaft to zero.
    (iii) For variable-speed engines with or without a low-speed
governor, if a nonzero idle torque is representative of in-use
operation, you may use the dynamometer or operator demand to target the
manufacturer-declared idle torque instead of targeting zero torque as
specified in paragraphs (b)(3)(i) and (ii) of this section. Control
speed as specified in paragraph (b)(3)(i) or (ii) of this section, as
applicable. If you use this option for engines with a low-speed
governor to measure the warm idle speed with the manufacturer-declared
torque at this step, you may use this as the warm-idle speed for cycle
generation as specified in paragraph (b)(6) of this section. However,
if you identify multiple warm idle torques under paragraph (f)(4)(i) of
this section, measure the warm idle speed at only one torque level for
this paragraph (b)(3).
* * * * *
    (6) For engines with a low-speed governor, if a nonzero idle torque
is representative of in-use operation, operate the engine at warm idle
with the manufacturer-declared idle torque. Set the operator demand to
minimum, use the dynamometer to target the declared idle torque, and
allow the engine to govern the speed. Measure this speed and use it as
the warm idle speed for cycle generation in Sec.  1065.512. We
recommend recording at least 30 values of speed and using the mean of
those values. If you identify multiple warm idle torques under
paragraph (f)(4)(i) of this section, measure the warm idle speed at
each torque. You may map the idle governor at multiple load levels and
use this map to determine the measured warm idle speed at the declared
idle torque(s).
* * * * *

0
228. Section 1065.514 is amended by revising paragraph (f)(3) to read
as follows:

Sec.  1065.514  Cycle-validation criteria for operation over specified
duty cycles.

* * * * *
    (f) * * *
    (3) For discrete-mode steady-state testing, apply cycle-validation
criteria by treating the sampling periods from the series of test modes
as a continuous sampling period, analogous to ramped-modal testing and
apply statistical criteria as described in paragraph (f)(1) or (2) of
this section.
* * * * *

0
229. Section 1065.520 is amended by revising paragraphs (g)(4) and
(g)(5)(ii) to read as follows:

Sec.  1065.520  Pre-test verification procedures and pre-test data
collection.

* * * * *
    (g) * * *
    (4) Overflow zero gas at the HC probe inlet or into a tee near the
probe outlet.
    (5) * * *
    (ii) For batch sampling, fill the sample medium (e.g., bag) and
record its mean THC concentration.
* * * * *

Subpart G--[Amended]

0
230. Section 1065.610 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  1065.610  Duty cycle generation.

* * * * *
    (a) Maximum test speed, fntest. This section generally
applies to duty cycles for variable-speed engines. For constant-speed
engines subject to duty cycles that specify normalized speed commands,
use the no-load governed speed as the measured fntest. This
is the highest engine speed where an engine outputs zero torque. For
variable-speed engines, determine the measured fntest from
the power-versus-speed map, generated according to Sec.  1065.510, as
follows:
    (1) Based on the map, determine maximum power, Pmax, and
the speed at which maximum power occurred, fnPmax. If
maximum power occurs at multiple speeds, take fnPmax as the
lowest of these speeds. Divide every recorded power by Pmax
and divide every recorded speed by fnPmax. The result is a
normalized power-versus-speed map. Your measured fntest is
the speed at which the sum of the squares of normalized speed and power
is maximum. Note that if multiple maximum values are found,
fntest should be taken as the lowest speed of all points
with the same maximum sum of squares.
    Determine fntest as follows:

[GRAPHIC] [TIFF OMITTED] TR08OC08.098

Where:

fntest = maximum test speed.
i = an indexing variable that represents one recorded value of an
engine map.
fnnormi = an engine speed normalized by dividing it by
fnPmax.
Pnormi = an engine power normalized by dividing it by
Pmax.

Example:

(fnnorm1 = 1.002, Pnorm1 = 0.978,
fn1 = 2359.71)
(fnnorm2 = 1.004, Pnorm2 = 0.977,
fn2 = 2364.42)
(fnnorm3 = 1.006, Pnorm3 = 0.974,
fn3 = 2369.13)
(fnnorm12 + Pnorm1\2\) = (1.002\2\
+ 0.978\2\) = 1.960
(fnnorm2\2\ + Pnorm2\2\) = (1.004\2\ +
0.977\2\) = 1.963
(fnnorm3\2\ + Pnorm3\2\) = (1.006\2\ +
0.974\2\) = 1.961
maximum = 1.963 at i = 2
fntest = 2364.42 rev/min

    (2) For variable-speed engines, transform normalized speeds to
reference speeds according to paragraph (c) of this section by using
the measured maximum test speed determined according to paragraph
(a)(1) of this section--or use your declared maximum test speed, as
allowed in Sec.  1065.510.
    (3) For constant-speed engines, transform normalized speeds to
reference speeds according to paragraph (c) of this section by using
the measured no-load governed speed--or use your declared maximum test
speed, as allowed in Sec.  1065.510.
    (b) Maximum test torque, Ttest. For constant-speed
engines, determine the measured Ttest from the power-versus-
speed map, generated according to Sec.  1065.510, as follows:
    (1) Based on the map, determine maximum power, Pmax, and
the speed at which maximum power occurs, fnPmax. If maximun
power occurs at multiple speeds, take fnPmax as the lowest
of these speeds. Divide every recorded power by Pmax and
divide every recorded speed by fnPmax. The result is a
normalized power-versus-speed map. Your measured Ttest is
the torque at which the sum of the squares of normalized speed and
power is maximum. Note that that if multiple maximum values are found,
Ttest should be taken as the highest torque of all points
with the same maximum sum of squares. Determine Ttest as
follows:
[GRAPHIC] [TIFF OMITTED] TR08OC08.099

Where:

Ttest = maximum test torque.

Example:

(fnnorm1 = 1.002, Pnorm1 = 0.978,
T1 = 722.62 N[middot]m)
(fnnorm2 = 1.004, Pnorm2 = 0.977,
T2 = 720.44 N[middot]m)
(fnnorm3 = 1.006, Pnorm3 = 0.974,
T3 = 716.80 N[middot]m)
(fnnorm1\2\ + Pnorm1\2\) = (1.002\2\ +
0.978\2\) = 1.960
(fnnorm1\2\ + Pnorm1\2\) = (1.004\2\ +
0.977\2\) = 1.963
(fnnorm1\2\ + Pnorm1\2\) = (1.006\2\ +
0.974\2\) = 1.961
maximum = 1.963 at i = 2
Ttest = 720.44 N[middot]m

    (2) Transform normalized torques to reference torques according to
paragraph (d) of this section by using the measured maximum test torque
determined according to paragraph (b)(1) of this section--or use your
declared maximum test torque, as allowed in Sec.  1065.510.
* * * * *
0
231. Section 1065.640 is amended by revising paragraph (a) to read as
follows:

Sec.  1065.640  Flow meter calibration calculations.

* * * * *
    (a) Reference meter conversions. The calibration equations in this
section use molar flow rate, nref, as a reference quantity.
If your reference meter outputs a flow rate in a different quantity,
such as standard volume rate, Vstdref, actual volume rate,
Vactref, or mass rate, mref, convert your
reference meter output to a molar flow rate using the following
equations, noting that while values for volume rate, mass rate,
pressure, temperature, and molar mass may change during an emission
test, you should ensure that they are as constant as practical for each
individual set point during a flow meter calibration:
[GRAPHIC] [TIFF OMITTED] TR08OC08.100

Eq. 1065.640-1

Where:
nref = reference molar flow rate.
Vstdref = reference volume flow rate, corrected to a
standard pressure and a standard temperature.
Vactref = reference volume flow rate at the actual
pressure and temperature of the flow rate.
mref = reference mass flow.
Pstd = standard pressure.
Pact = actual pressure of the flow rate.
Tstd = standard temperature.
Tact = actual temperature of the flow rate.
R = molar gas constant.
Mmix = molar mass of the flow rate.

Example 1:

Vstdref = 1000.00 ft3/min = 0.471948
m3/s
P = 29.9213 in Hg @ 32 [deg]F = 101325 Pa
T = 68.0 [deg]F = 293.15 K
R = 8.314472 J/(mol[middot]K)
[GRAPHIC] [TIFF OMITTED] TR08OC08.101

nref = 19.619 mol/s

Example 2:

mref = 17.2683 kg/min = 287.805 g/s
Mmix = 28.7805 g/mol
[GRAPHIC] [TIFF OMITTED] TR08OC08.102

nref = 10.0000 mol/s
* * * * *
0
232. Section 1065.645 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  1065.645  Amount of water in an ideal gas.

* * * * *
    (a) Vapor pressure of water. Calculate the vapor pressure of water
for a given saturation temperature condition, Tsat, as
follows, or use good engineering judgment to use a different
relationship of the vapor pressure of water to a given saturation
temperature condition:
    (1) For humidity measurements made at ambient temperatures from (0
to 100) [deg]C, or for humidity measurements made over super-cooled
water at ambient temperatures from (-50 to 0) [deg]C, use the following
equation:

[GRAPHIC] [TIFF OMITTED] TR08OC08.000

Where:

pH20 = vapor pressure of water at saturation temperature
condition, kPa.
Tsat = saturation temperature of water at measured
conditions, K.

Example:

Tsat = 9.5 [deg]C
Tdsat = 9.5 + 273.15 = 282.65 K
[GRAPHIC] [TIFF OMITTED] TR08OC08.001

log10(pH20) = 0.074297
pH20 = 100.074297 = 1.186581 kPa

    (2) For humidity measurements over ice at ambient temperatures from
(-100 to 0) [deg]C, use the following equation:
[GRAPHIC] [TIFF OMITTED] TR08OC08.002

Example:

Tice = -15.4 [deg]C
Tice = -15.4 + 273.15 = 257.75 K
[GRAPHIC] [TIFF OMITTED] TR08OC08.003

log10(pH2O) =-0.798207
pH2O = 100.79821 = 0.159145 kPa

    (b) Dewpoint. If you measure humidity as a dewpoint, determine the
amount of water in an ideal gas, xH2O, as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC08.004

Where:

xH2O = amount of water in an ideal gas.
pH2O = water vapor pressure at the measured dewpoint,
Tsat = Tdew.
pabs = wet static absolute pressure at the location of
your dewpoint measurement.

Example:

pabs = 99.980 kPa
Tsat = Tdew = 9.5 [deg]C
Using Eq. 1065.645-1,
pH2O = 1.18489 kPa
xH2O = 1.18489/99.980
xH2O = 0.011851 mol/mol

* * * * *
0
233. Section 1065.650 is amended by revising paragraphs (b)(3),
(c)(2)(i), (d)(8), (e)(4), (f)(2), and (g) and adding paragraph (h) to
read as follows:

Sec.  1065.650  Emission calculations.

* * * * *
    (b) * * *
    (3) For field testing, you may calculate the ratio of total mass to
total work, where these individual values are determined as described
in paragraph (f) of this section. You may also use this approach for
laboratory testing, consistent with good engineering judgment. This is
a special case in which you use a signal linearly

[[Continued on page 59333]]

]

[[pp. 59333-59380]] Control of Emissions From Nonroad Spark-Ignition Engines and
Equipment

[[Continued from page 59332]]

proportional to raw exhaust molar flow rate to determine a value
proportional to total emissions. You then use the same linearly
proportional signal to determine total work using a chemical balance of
fuel, intake air, and exhaust as described in Sec.  1065.655, plus
information about your engine's brake-specific fuel consumption. Under
this method, flow meters need not meet accuracy specifications, but
they must meet the applicable linearity and repeatability
specifications in subpart D or subpart J of this part. The result is a
brake-specific emission value calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC08.005

Example:

m = 805.5 g
W = 52.102 kW[middot]hr
eCO = 805.5/52.102
eCO = 2.520 g/(kW[middot]hr)

    (c) * * *
    (2) * * *
    (i) Varying flow rate. If you continuously sample from a changing
exhaust flow rate, time align and then multiply concentration
measurements by the flow rate from which you extracted it. Use good
engineering judgment to time align flow and concentration data to match
transformation time, t50, to within 1 s. We
consider the following to be examples of changing flows that require a
continuous multiplication of concentration times molar flow rate: Raw
exhaust, exhaust diluted with a constant flow rate of dilution air, and
CVS dilution with a CVS flowmeter that does not have an upstream heat
exchanger or electronic flow control. This multiplication results in
the flow rate of the emission itself. Integrate the emission flow rate
over a test interval to determine the total emission. If the total
emission is a molar quantity, convert this quantity to a mass by
multiplying it by its molar mass, M. The result is the mass of the
emission, m. Calculate m for continuous sampling with variable flow
using the following equations:
[GRAPHIC] [TIFF OMITTED] TR08OC08.006

Where:

[GRAPHIC] [TIFF OMITTED] TR08OC08.007

Example:

MNMHC = 13.875389 g/mol
N = 1200
xNMHC1 = 84.5 [mu]mol/mol = 84.5 [middot] 10-6
mol/mol
xNMHC2 = 86.0 [mu]mol/mol = 86.0 [middot] 10-6
mol/mol
nexh1 = 2.876 mol/s
nexh2 = 2.224 mol/s
frecord = 1 Hz
Using Eq. 1065.650-5,
[Delta]t = 1/1 =1 s
mNMHC = 13.875389 [middot] (84.5 [middot] 10-6
[middot] 2.876 + 86.0 [middot] 10-6 [middot] 2.224 + ...
+ xNMHC1200 [middot] nexh) [middot] 1
mNMHC = 25.53 g

* * * * *
    (d) * * *
    (8) You may use a trapezoidal integration method instead of the
rectangular integration described in this paragraph (d). To do this,
you must integrate the fraction of work between points where the torque
is positive. You may assume that speed and torque are linear between
data points. You may not set negative values to zero before running the
integration.
    (e) * * *
    (4) The following example shows how to calculate mass of emissions
using mean mass rate and mean power:

MCO = 28.0101 g/mol
xCO = 12.00 mmol/mol = 0.01200 mol/mol
n = 1.530 mol/s
fn = 3584.5 rev/min = 375.37 rad/s
T = 121.50 N [middot] m
m = 28.0101 [middot] 0.01200 [middot] 1.530
m = 0.514 g/s = 1850.4 g/hr
P = 121.5 [middot] 375.37
P = 45607 W
P = 45.607 kW
eCO = 1850.4/45.61
eCO = 40.57 g/(kW [middot] hr)

    (f) * * *
    (2) Total work. To calculate a value proportional to total work
over a test interval, integrate a value that is proportional to power.
Use information about the brake-specific fuel consumption of your
engine, efuel, to convert a signal proportional to fuel flow
rate to a signal proportional to power. To determine a signal
proportional to fuel flow rate, divide a signal that is proportional to
the mass rate of carbon products by the fraction of carbon in your
fuel, wc.. You may use a measured wc or you may
use the default values for a given fuel as described in Sec.  1065.655.
Calculate the mass rate of carbon from the amount of carbon and water
in the exhaust, which you determine with a chemical balance of fuel,
intake air, and exhaust as described in Sec.  1065.655. In the chemical
balance, you must use concentrations from the flow that generated the
signal proportional to molar flow rate, n, in paragraph (e)(1) of this
section. Calculate a value proportional to total work as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC08.008

Where:

[GRAPHIC] [TIFF OMITTED] TR08OC08.009

* * * * *
    (g) Calculating cycle-weighted mean values. Unless the standard-
setting part specifies otherwise, use the approach specified in this
paragraph (g) to calculate cycle-weighted means of different test
segments or modes. Weighting factors are generally intended to
represent the ratio of time spent operating at each mode in a
theoretical duty cycle. Use good engineering judgment to calculate the
cycle-weighted mean consistent with this intent. The following examples
illustrate the two primary methods:
    (1) For discrete-mode testing, a cycle-weighted mean may be
calculated by dividing the sum of the weighted mass emission rates
(weighting factor times mass emission rate in g/hr) by the sum of the
weighted brake power (kW). You are not required to have identical
sampling times for each mode with this approach.
    (2) For any testing where the sampling time for each mode is
identical, a cycle-weighted mean may be calculated by dividing the sum
of the weighted mass emissions (weighting factor times total mass
emission for the mode in g) by the sum of the weighted brake work
(kW.hr).
    (h) Rounding. Round emission values only after all calculations are
complete and the result is in g/(kW[middot]hr) or units equivalent to
the units of the standard, such as g/(hp[middot]hr). See the definition
of ``Round'' in Sec.  1065.1001.

0
234. Section 1065.655 is amended by revising paragraphs (c) and (d) and
adding paragraph (e) to read as follows:

Sec.  1065.655  Chemical balances of fuel, intake air, and exhaust.

* * * * *
    (c) Chemical balance procedure. The calculations for a chemical
balance involve a system of equations that require iteration. We
recommend using a computer to solve this system of equations. You must
guess the initial values of up to three quantities: The amount of water
in the measured flow, xH2Oexh, fraction of dilution air in
diluted exhaust, xdil/exh, and the amount of products on a
C1 basis per dry mole of dry measured flow,
xCcombdry. You may use time-weighted mean values of
combustion air humidity and dilution air humidity in the chemical
balance; as long as your combustion air and dilution air humidities
remain within tolerances of 0.0025 mol/mol of their
respective mean values over the test interval. For each emission
concentration, x, and amount of water, xH2Oexh, you must
determine their completely dry concentrations, xdry and
xH2Oexhdry. You must also use your fuel's atomic hydrogen-
to-carbon ratio, [alpha], and oxygen-to-carbon ratio, [beta]. You may
measure [alpha] and [beta] or you may use default values for a given
fuel as described in Sec.  1065.655(d). Use the following steps to
complete a chemical balance:
    (1) Convert your measured concentrations such as,
xCO2meas, xNOmeas, and xH2Oint, to dry
concentrations by dividing them by one minus the amount of water
present during their respective measurements; for example:
xH2OxCO2meas, xH2OxNOmeas, and
xH2Oint. If the amount of water present during a ``wet''
measurement is the same as the unknown amount of water in the exhaust
flow, xH2Oexh, iteratively solve for that value in the
system of equations. If you measure only total NOX and not
NO and NO2 separately, use good engineering judgment to
estimate a split in your total NOX concentration between NO
and NO2 for the chemical balances. For example, if you
measure emissions from a stoichiometric spark-ignition engine, you may
assume all NOX is NO. For a compression-ignition engine, you
may assume that your molar concentration of NOX,
xNOX, is 75% NO and 25% NO2. For NO2
storage aftertreatment systems, you may assume xNOX is 25%
NO and 75% NO2. Note that for calculating the mass of
NOX emissions, you must use the molar mass of NO2
for the effective molar mass of all NOX species, regardless
of the actual NO2 fraction of NOX.
    (2) Enter the equations in paragraph (c)(4) of this section into a
computer program to iteratively solve for xH2Oexh,
xCcombdry, and xdil/exh. Use good engineering
judgment to guess initial values for xH2Oexh,
xCcombdry, and xdil/exh. We recommend guessing an
initial amount of water that is about twice the amount of water in your
intake or dilution air. We recommend guessing an initial value of
xCcombdry as the sum of your measured CO2, CO,
and THC values. We also recommend guessing an initial
xdil/exh between 0.75 and 0.95, such as 0.8. Iterate values
in the system of equations until the most recently updated guesses are
all within 1% of their respective most recently calculated
values.
    (3) Use the following symbols and subscripts in the equations for
this paragraph (c):

xdil/exh = Amount of dilution gas or excess air per mole
of exhaust.
xH2Oexh = Amount of water in exhaust per mole of exhaust.
xCcombdry = Amount of carbon from fuel in the exhaust per
mole of dry exhaust.
xH2dry = Amount of H2 in exhaust per amount of
dry exhaust.
KH2Ogas = Water-gas reaction equilibrium coefficient. You
may use 3.5 or calculate your own value using good engineering
judgment.
xH2Oexhdry = Amount of water in exhaust per dry mole of
dry exhaust.
xprod/intdry = Amount of dry stoichiometric products per
dry mole of intake air.
xdil/exhdry = Amount of dilution gas and/or excess air
per mole of dry exhaust.
xint/exhdry = Amount of intake air required to produce
actual combustion products per mole of dry (raw or diluted) exhaust.
xraw/exhdry = Amount of undiluted exhaust, without excess
air, per mole of dry (raw or diluted) exhaust.
xO2int = Amount of intake air O2 per mole of
intake air.
xCO2intdry = Amount of intake air CO2 per mole
of dry intake air. You may use xCO2intdry = 375 [mu]mol/
mol, but we recommend measuring the actual concentration in the
intake air.
xH2Ointdry = Amount of intake air H2O per mole
of dry intake air.
xCO2int = Amount of intake air CO2 per mole of
intake air.
xCO2dil = Amount of dilution gas CO2 per mole
of dilution gas.
xCO2dildry = Amount of dilution gas CO2 per
mole of dry dilution gas. If you use air as diluent, you may use
xCO2dildry = 375 [mu]mol/mol, but we recommend measuring
the actual concentration in the intake air.
xH2Odildry = Amount of dilution gas H2O per
mole of dry dilution gas.
xH2Odil = Amount of dilution gas H2O per mole
of dilution gas.
x[emission]meas = Amount of measured emission in the
sample at the respective gas analyzer.
x[emission]dry = Amount of emission per dry mole of dry
sample.
xH2O[emission]meas = Amount of water in sample at
emission-detection location. Measure or estimate these values
according to Sec.  1065.145(d)(2).
xH2Oint = Amount of water in the intake air, based on a
humidity measurement of intake air.
[alpha] = Atomic hydrogen-to-carbon ratio in fuel.
[beta] = Atomic oxygen-to-carbon ratio in fuel.

    (4) Use the following equations to iteratively solve for
xdil/exh, xH2Oexh, and

[GRAPHIC] [TIFF OMITTED] TR08OC08.010

[GRAPHIC] [TIFF OMITTED] TR08OC08.011

[GRAPHIC] [TIFF OMITTED] TR08OC08.012

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[GRAPHIC] [TIFF OMITTED] TR08OC08.026

[GRAPHIC] [TIFF OMITTED] TR08OC08.027

    (5) The following example is a solution for xdil/exh,
xH2Oexh, and xCcombdry using the equations in
paragraph (c)(4) of this section:
[GRAPHIC] [TIFF OMITTED] TR08OC08.028

[GRAPHIC] [TIFF OMITTED] TR08OC08.029

[GRAPHIC] [TIFF OMITTED] TR08OC08.030

[GRAPHIC] [TIFF OMITTED] TR08OC08.031

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[GRAPHIC] [TIFF OMITTED] TR08OC08.043

[GRAPHIC] [TIFF OMITTED] TR08OC08.044

[GRAPHIC] [TIFF OMITTED] TR08OC08.045

[alpha] = 1.8
[beta] = 0.05

    (d) Carbon mass fraction. Determine carbon mass fraction of fuel,
wc, using one of the following methods:
    (1) You may calculate wC using the following equation
based on measured fuel properties:
[GRAPHIC] [TIFF OMITTED] TR08OC08.046

Where:

wC, = carbon mass fraction of fuel
[alpha] = atomic hydrogen-to-carbon ratio
[beta] = atomic oxygen-to-carbon ratio
MC = molar mass of carbon
MH = molar mass of hydrogen
MO = molar mass of oxygen

    (2) You may use the default values in the following table to
determine wC for a given fuel:

            Table 1 of Sec.   1065.655.--Default Values of [alpha] [beta], and wC, for Various Fuels
----------------------------------------------------------------------------------------------------------------
                                                                                Carbon mass
                      Fuel                           Atomic  hydrogen and  oxygen-to-carbon     fraction, wC  g/
                                                            ratios  CH[alpha]O[beta]                    g
----------------------------------------------------------------------------------------------------------------
Gasoline........................................  CH1.85O0                                                 0.866
2 Diesel...............................  CH1.80O0                                                 0.869
1 Diesel...............................  CH1.93O0                                                 0.861
Liquified Petroleum Gas.........................  CH2.64O0                                                 0.819
Natural gas.....................................  CH3.78O0.016                                             0.747
Ethanol.........................................  CH3O0.5                                                  0.521
Methanol........................................  CH4O1                                                    0.375
----------------------------------------------------------------------------------------------------------------

    (e) Calculated raw exhaust molar flow rate from measured intake air
molar flow rate or fuel mass flow rate. You may calculate the raw
exhaust molar flow rate from which you sampled emissions,
nexh, based on the measured intake air molar flow rate,
nint, or the measured fuel mass flow rate, mfuel,
and the values calculated using the chemical balance in paragraph (c)
of this section. Note that the chemical balance must be based on raw
exhaust gas concentrations. Solve for the chemical balance in paragraph
(c) of this section at the same frequency that you update and record
nint or mfuel.
    (1) Crankcase flow rate. If engines are not subject to crankcase
controls under the standard-setting part, you may calculate raw exhaust
flow based on nint or mfuel using one of the
following:
    (i) You may measure flow rate through the crankcase vent and
subtract it from the calculated exhaust flow.
    (ii) You may estimate flow rate through the crankcase vent by
engineering analysis as long as the uncertainty in your calculation
does not adversely affect your ability to show that your engines comply
with applicable emission standards.
    (iii) You may assume your crankcase vent flow rate is zero.
    (2) Intake air molar flow rate calculation. Based on
nint, calculate nexh as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC08.047

Where:

nexh = raw exhaust molar flow rate from which you
measured emissions.
nint = intake air molar flow rate including humidity in
intake air.

Example:

nint = 3.780 mol/s
xint/exhdry = 0.69021 mol/mol
xraw/exhdry = 1.10764 mol/mol
xH20exhdry = 107.64 mmol/mol = 0.10764 mol/mol
[GRAPHIC] [TIFF OMITTED] TR08OC08.048

nexh = 6.066 mol/s

    (3) Fuel mass flow rate calculation. Based on mfuel,
calculate nexh as follows:

[GRAPHIC] [TIFF OMITTED] TR08OC08.049

Where:

nexh = raw exhaust molar flow rate from which you
measured emissions.
mfuel = fuel flow rate including humidity in intake air.

Example:

mfuel = 7.559 g/s
wC = 0.869 g/g
MC = 12.0107 g/mol
xCcombdry = 99.87 mmol/mol = 0.09987 mol/mol
xH20exhdry = 107.64 mmol/mol = 0.10764 mol/mol
[GRAPHIC] [TIFF OMITTED] TR08OC08.050

nexh = 6.066 mol/s

0
235. Section 1065.660 is amended by revising paragraphs (b)(2)(i) and
(b)(3) to read as follows:

Sec.  1065.660  THC and NMHC determination.

* * * * *
    (b) * * *
    (2) * * *
    (i) Use the following equation for penetration fractions determined
using an NMC configuration as outlined in Sec.  1065.365(d):
[GRAPHIC] [TIFF OMITTED] TR08OC08.051

Where:

xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination
and dry-to-wet corrected, as measured by the THC FID during sampling
while bypassing the NMC.
xTHC[NMC-FID] = concentration of THC, HC contamination
(optional) and dry-to-wet corrected, as measured by the NMC FID
during sampling through the NMC.
RFCH4[THC-FID] = response factor of THC FID to
CH4, according to Sec.  1065.360(d).
RFPFC2H6[NMC-FID] = nonmethane cutter combined ethane
response factor and penetration fraction, according to Sec.
1065.365(d).

Example:

xTHC[THC-FID]cor = 150.3 [mu]mol/mol
xTHC[NMC-FID] = 20.5 [mu]mol/mol
RFPFC2H6[NMC-FID] = 0.019
RFCH4[THC-FID] = 1.05
[GRAPHIC] [TIFF OMITTED] TR08OC08.052

xNMHC = 131.4 [mu]mol/mol

* * * * *
    (3) For a gas chromatograph, calculate xNMHC using the
THC analyzer's response factor (RF) for CH4, from Sec.
1065.360, and the HC contamination and wet-to-dry corrected initial THC
concentration xTHC[THC-FID]cor as determined in section (a)
above as follows:
[GRAPHIC] [TIFF OMITTED] TR08OC08.053

Where:
xNMHC = concentration of NMHC.
xTHC[THC-FID]cor = concentration of THC, HC contamination
and dry-to-wet corrected, as measured by the THC FID.
xCH4 = concentration of CH4, HC contamination
(optional) and dry-to-wet corrected, as measured by the gas
chromatograph FID.
RFCH4[THC-FID] = response factor of THC-FID to
CH4.

Example:

xTHC[THC-FID][cor = 145.6 [mu]mol/mol
RFCH4[THC-FID] = 0.970
xCH4 = 18.9 [mu]mol/mol
xNMHC = 145.6-0.970 [middot] 18.9
xNMHC = 127.3 [mu]mol/mol

0
236. Section 1065.667 is revised to read as follows:

Sec.  1065.667  Dilution air background emission correction.

    (a) To determine the mass of background emissions to subtract from
a diluted exhaust sample, first determine the total flow of dilution
air, ndil, over the test interval. This may be a measured
quantity or a quantity calculated from the diluted exhaust flow and the
flow-weighted mean fraction of dilution air in diluted exhaust,
xdil/exh. Multiply the total flow of dilution air by the
mean concentration of a background emission. This may be a time-
weighted mean or a flow-weighted mean (e.g., a proportionally sampled
background). The product of ndil and the mean concentration
of a background emission is the total amount of a background emission.
If this is a molar quantity, convert it to a mass by multiplying it by
its molar mass, M. The result is the mass of the background emission,
m. In the case of PM, where the mean PM concentration is already in
units of mass per mole of sample, MPM, multiply it by the
total amount of dilution air, and the result is the total background
mass of PM, mPM. Subtract total background masses from total
mass to correct for background emissions.

    (b) You may determine the total flow of dilution air by a direct
flow measurement. In this case, calculate the total mass of background
as described in Sec.  1065.650(c), using the dilution air flow,
ndil. Subtract the background mass from the total mass. Use
the result in brake-specific emission calculations.
    (c) You may determine the total flow of dilution air from the total
flow of diluted exhaust and a chemical balance of the fuel, intake air,
and exhaust as described in Sec.  1065.655. In this case, calculate the
total mass of background as described in Sec.  1065.650(c), using the
total flow of diluted exhaust, ndexh, then multiply this
result by the flow-weighted mean fraction of dilution air in diluted
exhaust, xdil/exh. Calculate xdil/exh using flow-
weighted mean concentrations of emissions in the chemical balance, as
described in Sec.  1065.655. You may assume that your engine operates
stoichiometrically, even if it is a lean-burn engine, such as a
compression-ignition engine. Note that for lean-burn engines this
assumption could result in an error in emission calculations. This
error could occur because the chemical balances in Sec.  1065.655
correct excess air passing through a lean-burn engine as if it was
dilution air. If an emission concentration expected at the standard is
about 100 times its dilution air background concentration, this error
is negligible. However, if an emission concentration expected at the
standard is similar to its background concentration, this error could
be significant. If this error might affect your ability to show that
your engines comply with applicable standards, we recommend that you
remove background emissions from dilution air by HEPA filtration,
chemical adsorption, or catalytic scrubbing. You might also consider
using a partial-flow dilution technique such as a bag mini-diluter,
which uses purified air as the dilution air.
    (d) The following is an example of using the flow-weighted mean
fraction of dilution air in diluted exhaust, xdil/exh, and
the total mass of background emissions calculated using the total flow
of diluted exhaust, ndexh, as described in Sec.
1065.650(c):
[GRAPHIC] [TIFF OMITTED] TR08OC08.054

[GRAPHIC] [TIFF OMITTED] TR08OC08.055

Example:

MNOx = 46.0055 g/mol
xbkgnd = 0.05 [mu]mol/mol = 0.05[middot]10-6
mol/mol
ndexh = 23280.5 mol
xdil/exh = 0.843
mbkgndNOxdexh =
46.0055[middot]0.05[middot]10-6 [middot] 23280.5
mbkgndNOxdexh = 0.0536 g
mbkgndNOx = 0.843[middot]0.0536
mbkgndNOx = 0.0452 g
    (e) The following is an example of using the fraction of dilution
air in diluted exhaust, xdil/exh, and the mass rate of
background emissions calculated using the flow rate of diluted exhaust,
ndexh, as described in Sec.  1065.650(c):
[GRAPHIC] [TIFF OMITTED] TR08OC08.056

[GRAPHIC] [TIFF OMITTED] TR08OC08.057

Example:

MNOX = 46.0055 g/mol
xbkgnd = 0.05 [mu]mol/mol = 0.05 [middot] 10-6
mol/mol
ndexh = 23280.5 mol/s
xdil/exh = 0.843
mbkgndNOxdexh = 46.0055 [middot] 0.05 [middot]
10-6 [middot] 23280.5
mbkgndNOxdexh = 0.0536 g/hr
mbkgndNOx = 0.843 [middot] 0.0536
mbkgndNOx = 0.0452 g/hr

0
237. Section 1065.675 is revised to read as follows:

Sec.  1065.675  CLD quench verification calculations.

    Perform CLD quench-check calculations as follows:
    (a) Perform a CLD analyzer quench verification test as described in
Sec.  1065.370.
    (b) Estimate the maximum expected mole fraction of water during
emission testing, xH2Oexp. Make this estimate where the
humidified NO span gas was introduced in Sec.  1065.370(e)(6). When
estimating the maximum expected mole fraction of water, consider the
maximum expected water content in combustion air, fuel combustion
products, and dilution air (if applicable). If you introduced the
humidified NO span gas into the sample system upstream of a sample
dryer during the verification test, you need not estimate the maximum
expected mole fraction of water and you must set xH2Oexp
equal to xH2Omeas.
    (c) Estimate the maximum expected CO2 concentration
during emission testing, xCO2exp. Make this estimate at the
sample system location where the blended NO and CO2 span
gases are introduced according to Sec.  1065.370(d)(10). When
estimating the maximum expected CO2 concentration, consider
the maximum expected CO2 content in fuel combustion products
and dilution air.
    (d) Calculate quench as follows:
    [GRAPHIC] [TIFF OMITTED] TR08OC08.058

Where:

quench = amount of CLD quench.
xNOdry = concentration of NO upstream of a bubbler,
according to Sec.  1065.370(e)(4).
xNOwet = measured concentration of NO downstream of a
bubbler, according to Sec.  1065.370(e)(9).
xH2Oexp = maximum expected mole fraction of water during
emission testing, according to paragraph (b) of this section.
xH2Omeas = measured mole fraction of water during the
quench verification, according to Sec.  1065.370(e)(7).
xNOmeas = measured concentration of NO when NO span gas
is blended with CO2 span gas, according to Sec.
1065.370(d)(10).
xNOact = actual concentration of NO when NO span gas is
blended with CO2 span gas, according to Sec.
1065.370(d)(11) and calculated according to Equation 1065.675-2.
xCO2exp = maximum expected concentration of
CO2 during emission testing, according to paragraph (c)
of this section.
xCO2act = actual concentration of CO2 when NO
span gas is blended with CO2 span gas, according to Sec.
1065.370(d)(9).
[GRAPHIC] [TIFF OMITTED] TR08OC08.059

Where:

xNOspan = the NO span gas concentration input to the gas
divider, according to Sec.  1065.370(d)(5).
xCO2span = the CO2 span gas concentration
input to the gas divider, according to Sec.  1065.370(d)(4).

Example:

xNOdry = 1800.0 [mu]mol/mol
xNOwet = 1729.6 [mu]mol/mol
xH2Oexp = 0.030 mol/mol
xH2Omeas = 0.030 mol/mol
xNOmeas = 1495.2 [mu]mol/mol
xNOspan = 3001.6 [mu]mol/mol
xCO2exp = 3.2%
xCO2span = 6.00%
xCO2act = 2.98%
[GRAPHIC] [TIFF OMITTED] TR08OC08.060

quench = (-0.00939-0.01109) [middot] 100% = -2.0048% = -2%

Subpart H--[Amended]

0
238. Section 1065.701 is amended by redesignating paragraph (e) as
paragraph (f) and adding a new paragraph (e) to read as follows:

Sec.  1065.701  General requirements for test fuels.

* * * * *
    (e) Two-stroke fuel/oil mixing. For two-stroke engines, use a fuel/
oil mixture meeting the manufacturer's specifications.
* * * * *
0
239. Section 1065.703 is amended by revising Table 1 to read as
follows:

Sec.  1065.703  Distillate diesel fuel.

* * * * *

                 Table 1 of Sec.   1065.703--Test Fuel Specifications for Distillate Diesel Fuel
----------------------------------------------------------------------------------------------------------------
                                                      Ultra low                                    Reference
              Item                     Units           sulfur      Low sulfur    High sulfur     procedure\1\
----------------------------------------------------------------------------------------------------------------
Cetane Number..................  --...............         40-50         40-50         40-50  ASTM D613-05
Distillation range:              [deg]C...........  ............  ............  ............  ..................
    Initial boiling point......  .................       171-204       171-204       171-204  ASTM D86-07a.
    10 pct. point..............  .................       204-238       204-238       204-238  ..................
    50 pct. point..............  .................       243-282       243-282       243-282  ..................
    90 pct. point..............  .................       293-332       293-332       293-332  ..................
    Endpoint...................  .................       321-366       321-366       321-366  ..................
Gravity........................  [deg]API.........         32-37         32-37         32-37  ASTM D4052-96e01.
Total sulfur, ultra low sulfur.  mg/kg............          7-15  ............  ............  See 40 CFR 80.580.
Total sulfur, low and high       mg/kg............  ............       300-500     2000-4000  ASTM D2622-07 or
 sulfur.                                                                                alternates as
                                                                                allowed under 40
                                                                                CFR 80.580.
Aromatics, min. (Remainder       g/kg.............           100           100           100  ASTM D5186-03.
 shall be paraffins,
 naphthalenes, and olefins).
Flashpoint, min................  [deg]C...........            54            54            54  ASTM D93-07.
Kinematic Viscosity............  cSt..............       2.0-3.2       2.0-3.2       2.0-3.2  ASTM D445-06
----------------------------------------------------------------------------------------------------------------
\1\ ASTM procedures are incorporated by reference in Sec.   1065.1010. See Sec.   1065.701(d) for other allowed
  procedures.

Subpart J--[Amended]

0
240. Section 1065.915 is amended by revising paragraph (a) to read as
follows:

Sec.  1065.915  PEMS instruments.

    (a) Instrument specifications. We recommend that you use PEMS that
meet the specifications of subpart C of this part. For unrestricted use
of PEMS in a laboratory or similar environment, use a PEMS that meets
the same specifications as each lab instrument it replaces. For field
testing or for testing with PEMS in a laboratory or similar
environment, under the provisions of Sec.  1065.905(b), the
specifications in the following table apply instead of the
specifications in Table 1 of Sec.  1065.205.

                                 Table 1 of Sec.   1065.915--Recommended Minimum PEMS Measurement Instrument Performance
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Rise time, t10-90,
          Measurement             Measured quantity   and Fall time, t90-  Recording update      Accuracy \1\    Repeatability \1\        Noise \1\
                                        symbol                10               frequency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Engine speed transducer........  fn.................  1 s...............  1 Hz means........   5.0 % of pt. or   2.0 % of pt. or    0.5 % of max.
                                                                                1.0 % of max.      1.0 % of max.
Engine torque estimator, BSFC    T or BSFC..........  1 s...............  1 Hz means........  8.0 % of pt. or 5  2.0 % of pt. or    1.0 % of max.
 (This is a signal from an                                                                     % of max.          1.0 % of max.
 engine's ECM).
General pressure transducer      p..................  5 s...............  1 Hz..............  5.0 % of pt. or    2.0 % of pt. or    1.0 % of max.
 (not a part of another                                                                        5.0 % of max.      0.5 % of max.
 instrument).
Atmospheric pressure meter.....  patmos.............  50 s..............  0.1 Hz............  250 Pa...........  200 Pa...........  100 Pa.
General temperature sensor (not  T..................  5 s...............  1 Hz..............  1.0 % of pt. K or  0.5 % of pt. K or  0.5 % of max 0.5 K.
 a part of another instrument).                                                                5 K.               2 K.
General dewpoint sensor........  Tdew...............  50 s..............  0.1 Hz............  3 K..............  1 K..............  1 K.
Exhaust flow meter.............  n .................  1 s...............  1 Hz means........  5.0 % of pt. or    2.0 % of pt......  2.0 % of max.
                                                                                3.0 % of max.
Dilution air, inlet air,         n .................  1 s...............  1 Hz means........  2.5 % of pt. or    1.25 % of pt. or   1.0 % of max.
 exhaust, and sample flow                                                                      1.5 % of max.      0.75 % of max.
 meters.
Continuous gas analyzer........  x..................  5 s...............  1 Hz..............  4.0 % of pt. or    2.0 % of pt. or    1.0 % of max.
                                                                                4.0 % of meas.     2.0 % of meas.
Gravimetric PM balance.........  mPM................  N/A...............  N/A...............  See Sec.           0.5 [mu]g........  N/A.
                                                                                1065.790.
Inertial PM balance............  mPM................  5 s...............  1 Hz..............  4.0 % of pt. or    2.0 % of pt. or    1.0 % of max.
                                                                                4.0 % of meas.     2.0 % of meas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Accuracy, repeatability, and noise are all determined with the same collected data, as described in Sec.   1065.305, and based on absolute values.
  ``pt.'' refers to the overall flow-weighted mean value expected at the standard; ``max.'' refers to the peak value expected at the standard over any
  test interval, not the maximum of the instrument's range; ``meas'' refers to the actual flow-weighted mean measured over any test interval.

* * * * *

0
241. Section 1065.925 is amended by revising paragraph (h)(4) to read
as follows:

Sec.  1065.925  PEMS preparation for field testing.

* * * * *
    (h) * * *
    (4) Overflow zero or ambient air at the HC probe inlet or into a
tee near the probe outlet.
* * * * *

Subpart K--[Amended]

0
242. Section 1065.1001 is amended by adding definitions for
``Calibration gas'', ``Span gas'', ``Transformation time,
t50'', ``t0-50'', and ``t100-50'' in
alphabetical order to read as follows:

Sec.  1065.1001  Definitions.

* * * * *
    Calibration gas means a purified gas mixture used to calibrate gas
analyzers. Calibration gases must meet the specifications of Sec.
1065.750. Note that calibration gases and span gases are qualitatively
the same, but differ in terms of their primary function. Various
performance verification checks for gas analyzers and sample handling
components might refer to either calibration gases or span gases.
* * * * *
    Span gas means a purified gas mixture used to span gas analyzers.
Span gases must meet the specifications of Sec.  1065.750. Note that
calibration gases and span gases are qualitatively the same, but differ
in terms of their primary function. Various performance verification
checks for gas analyzers and sample handling components might refer to
either calibration gases or span gases.
* * * * *
    Transformation time, t50, means the overall system
response time to any step change in input, generally the average of the
time to reach 50% response to a step increase, t0-50, or to
a step decrease, t100-50.
    t0-50 means the time interval of a measurement system's
response after any step increase to the input between the following
points:
    (1) The point at which the step change is initiated at the sample
probe.
    (2) The point at which the response has risen 50% of the total
amount it will rise in response to the step change.
    t100-50 means the time interval of a measurement
system's response after any step decrease to the input between the
following points:
    (1) The point at which the step change is initiated at the sample
probe.
    (2) The point at which the response has fallen 50% of the total
amount it will fall in response to the step change.
* * * * *

0
243. Section 1065.1005 is amended by revising paragraph (a) to read as
follows:

Sec.  1065.1005  Symbols, abbreviations, acronyms, and units of
measure.

* * * * *
    (a) Symbols for quantities. This part uses the following symbols
and units of measure for various quantities:

----------------------------------------------------------------------------------------------------------------
      Symbol              Quantity                  Unit                 Unit symbol           Base SI units
----------------------------------------------------------------------------------------------------------------
%................  percent...............  0.01..................  %.....................  10-2
[alpha]..........  atomic hydrogen to      mole per mole.........  mol/mol...............  1
                    carbon ratio.
A................  area..................  square meter..........  m\2\..................  m\2\
A0...............  intercept of least
                    squares regression.
A1...............  slope of least squares
                    regression.
[beta]...........  ratio of diameters....  meter per meter.......  m/m...................  1
[beta]...........  atomic oxygen to        mole per mole.........  mol/mol...............  1
                    carbon ratio.
C#...............  number of carbon atoms
                    in a molecule.
d................  Diameter..............  meter.................  m.....................  m
DR...............  dilution ratio........  mole per mol..........  mol/mol...............  1
[egr]............  error between a
                    quantity and its
                    reference.
e................  brake-specific basis..  gram per kilowatt hour  g/(kW.h)..............  g.3.6-1.106.m-2.kgs2
F................  F-test statistic......
f................  frequency.............  hertz.................  Hz....................  s-1
fn...............  rotational frequency    revolutions per minute  rev/min...............  2.pi.60-1.s-1
                    (shaft).
[gamma]..........  ratio of specific       (joule per kilogram     (J/(kg.K))/(J/(kg.K)).  1
                    heats.                  kelvin) per (joule
                                            per kilogram kelvin).
K................  correction factor.....  ......................  ......................  1
l................  length................  meter.................  m.....................  m
[mu].............  viscosity, dynamic....  pascal second.........  Pa's..................  m-1.kg.s-1
M................  molar mass\1\.........  gram per mole.........  g/mol.................  10-3.kg.mol-1
m................  mass..................  kilogram..............  kg....................  kg
m................  mass rate.............  kilogram per second...  kg/s..................  kg.s-1
v................  viscosity, kinematic..   meter squared per      m\2\/s................  m\2\.s-1
                                            second.
N................  total number in series
n................  amount of substance...  mole..................  mol...................  mol
n................  amount of substance     mole per second.......  mol/s.................  mol.s-1
                    rate.
P................  power.................  kilowatt..............  kW....................  103.m2.kg.s-3
PF...............  penetration fraction..
p................  pressure..............  pascal................  Pa....................  m-1.kg.s-2
[rho]............  mass density..........  kilogram per cubic      kg/m\3\...............  kg.m-3
                                            meter.
r................  ratio of pressures....  pascal per pascal.....  Pa/Pa.................  1
R \2\............  coefficient of
                    determination.
Ra...............  average surface         micrometer............  [mu]m.................   m-6
                    roughness.
Re#..............  Reynolds number.......
RF...............  response factor.......
RH %.............  relative humidity.....  0.01..................  %.....................  10-2
[sigma]..........  non-biased standard
                    deviation.
S................  Sutherland constant...  kelvin................  K.....................  K
SEE..............  standard estimate of
                    error.
T................  absolute temperature..  kelvin................  K.....................  K
T................  Celsius temperature...  degree Celsius........  [deg]C................  K-273.15
T................  torque (moment of       newton meter..........  N.m...................  m\2\.kg.s-2
                    force).
t................  time..................  second................  s.....................  s
[Delta] t........  time interval, period,  second................  s.....................  s
                    1/frequency.
V................  volume................  cubic meter...........  m\3\..................  m\3\
V................  volume rate...........  cubic meter per second  m\3\/s................  m\3\.s-1
W................  work..................  kilowatt hour.........  kW.h..................  3.6.10-6.m\2\.kg.s-2
wc...............  carbon mass fraction..  gram per gram.........  g/g...................  1
x................  amount of substance     mole per mole.........  mol/mol...............  1
                    mole fraction 2.
X................  flow-weighted mean      mole per mole.........  mol/mol...............  1
                    concentration.
y................  generic variable .....
----------------------------------------------------------------------------------------------------------------
\1\ See paragraph (f)(2) of this section for the values to use for molar masses. Note that in the cases of NOX
  and HC, the regulations specify effective molar masses based on assumed speciation rather than actual
  speciation.
\2\ Note that mole fractions for THC, THCE, NMHC, NMHCE, and NOTHC are expressed on a C1 equivalent basis.

* * * * *

0
244. Section 1065.1010 is amended by revising paragraph (d) to read as
follows:

Sec.  1065.1010  Reference materials.

* * * * *
    (d) SAE material. Table 4 of this section lists material from the
Society of Automotive Engineering that we have incorporated by
reference. The first column lists the number and name of the material.
The second column lists the sections of this part where we reference
it. Anyone may purchase copies of these materials from the Society of
Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA 15096 or
http://www.sae.org. Table 4 follows:

                Table 4 of Sec.   1065.1010--SAE Material
------------------------------------------------------------------------
                                                             Part 1065
                Document number and name                     reference
------------------------------------------------------------------------
``Optimization of Flame Ionization Detector for                 1065.360
 Determination of Hydrocarbon in Diluted Automotive
 Exhausts,'' Reschke Glen D., SAE 770141................
------------------------------------------------------------------------

* * * * *

0
245. Part 1068 is revised to read as follows:

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS

Subpart A--Applicability and Miscellaneous Provisions
Sec.
1068.1 Does this part apply to me?
1068.2 How does this part apply for engines and how does it apply
for equipment?
1068.5 How must manufacturers apply good engineering judgment?
1068.10 What provisions apply to confidential information?
1068.15 What general provisions apply for EPA decision-making?
1068.20 May EPA enter my facilities for inspections?
1068.25 What information must I give to EPA?
1068.27 May EPA conduct testing with my production engines/
equipment?
1068.30 What definitions apply to this part?
1068.31 What provisions apply to nonroad or stationary engines that
change their status?
1068.35 What symbols, acronyms, and abbreviations does this part
use?
1068.40 What special provisions apply for implementing technical
amendments?
1068.45 General labeling provisions.
1068.95 What materials does this part reference?
Subpart B--Prohibited Actions and Related Requirements
1068.101 What general actions does this regulation prohibit?
1068.103 What are the provisions related to the duration and
applicability of certificates of conformity?
1068.105 What other provisions apply to me specifically if I
manufacture equipment needing certified engines?
1068.110 What other provisions apply to engines/equipment in
service?
1068.115 When must manufacturers honor emission-related warranty
claims?
1068.120 What requirements must I follow to rebuild engines?
1068.125 What happens if I violate the regulations?
Subpart C--Exemptions and Exclusions
1068.201 Does EPA exempt or exclude any engines/equipment from the
prohibited acts?
1068.210 What are the provisions for exempting test engines/
equipment?
1068.215 What are the provisions for exempting manufacturer-owned
engines/equipment?
1068.220 What are the provisions for exempting display engines/
equipment?
1068.225 What are the provisions for exempting engines/equipment for
national security?
1068.230 What are the provisions for exempting engines/equipment for
export?
1068.235 What are the provisions for exempting engines/equipment
used solely for competition?
1068.240 What are the provisions for exempting new replacement
engines?
1068.245 What temporary provisions address hardship due to unusual
circumstances?
1068.250 What are the provisions for extending compliance deadlines
for small businesses under hardship?
1068.255 What are the provisions for exempting engines and fuel-
system components for hardship for equipment manufacturers and
secondary engine manufacturers?
1068.260 What general provisions apply for selling or shipping
engines that are not yet in their certified configuration?
1068.261 What provisions apply for selling or shipping certified
engines that are not yet in the certified configuration?
1068.262 What are the provisions for temporarily exempting engines
for shipment to secondary engine manufacturers?
1068.265 What provisions apply to engines/equipment that are
conditionally exempted from certification?
Subpart D--Imports 1068.301 What general provisions apply?
1068.305 How do I get an exemption or exclusion for imported
engines/equipment?
1068.310 What are the exclusions for imported engines/equipment?
1068.315 What are the permanent exemptions for imported engines/
equipment?
1068.325 What are the temporary exemptions for imported engines/
equipment?
1068.335 What are the penalties for violations?
1068.360 What restrictions apply to assigning a model year to
imported engines and equipment?
Subpart E--Selective Enforcement Auditing
1068.401 What is a selective enforcement audit?
1068.405 What is in a test order?
1068.410 How must I select and prepare my engines/equipment?
1068.415 How do I test my engines/equipment?
1068.420 How do I know when my engine family fails an SEA?
1068.425 What happens if one of my production-line engines/equipment
exceeds the emission standards?
1068.430 What happens if a family fails an SEA?
1068.435 May I sell engines/equipment from a family with a suspended
certificate of conformity?
1068.440 How do I ask EPA to reinstate my suspended certificate?
1068.445 When may EPA revoke my certificate under this subpart and
how may I sell these engines/equipment again?
1068.450 What records must I send to EPA?
1068.455 What records must I keep?

Appendix A to Subpart E of Part 1068--Plans for Selective Enforcement
Auditing

Subpart F--Reporting Defects and Recalling Engines/Equipment
1068.501 How do I report emission-related defects?
1068.505 How does the recall program work?
1068.510 How do I prepare and apply my remedial plan?
1068.515 How do I mark or label repaired engines/equipment?
1068.520 How do I notify affected owners?
1068.525 What records must I send to EPA?
1068.530 What records must I keep?
1068.535 How can I do a voluntary recall for emission-related
problems?
Subpart G--Hearings

1068.601  What are the procedures for hearings?

Appendix I to Part 1068--Emission-Related Components

Appendix II to Part 1068--Emission-Related Parameters and
Specifications

Appendix III to Part 1068--High-Altitude Counties

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

Subpart A--Applicability and Miscellaneous Provisions

Sec.  1068.1  Does this part apply to me?

    (a) The provisions of this part apply to everyone with respect to
the following engines and to equipment using the following engines
(including owners, operators, parts manufacturers, and persons
performing maintenance).
    (1) Locomotives we regulate under 40 CFR part 1033.
    (2) Land-based nonroad compression-ignition engines we regulate
under 40 CFR part 1039.

    (3) Stationary compression-ignition engines certified using the
provisions of 40 CFR part 1039, as indicated in 40 CFR part 60, subpart
IIII.
    (4) Marine diesel engines we regulate under 40 CFR part 1042.
    (5) Marine spark-ignition engines we regulate under 40 CFR part
1045.
    (6) Large nonroad spark-ignition engines we regulate under 40 CFR
part 1048.
    (7) Stationary spark-ignition engines certified using the
provisions of 40 CFR parts 1048 or 1054, as indicated in 40 CFR part
60, subpart JJJJ.
    (8) Recreational engines and vehicles we regulate under 40 CFR part
1051 (such as snowmobiles and off-highway motorcycles).
    (9) Small nonroad spark-ignition engines we regulate under 40 CFR
part 1054.
    (b) This part does not apply to any of the following engine or
vehicle categories:
    (1) Light-duty motor vehicles (see 40 CFR part 86).
    (2) Heavy-duty motor vehicles and motor vehicle engines (see 40 CFR
part 86).
    (3) Aircraft engines (see 40 CFR part 87).
    (4) Land-based nonroad diesel engines we regulate under 40 CFR part
89.
    (5) Small nonroad spark-ignition engines we regulate under 40 CFR
part 90.
    (6) Marine spark-ignition engines we regulate under 40 CFR part 91.
    (7) Locomotive engines we regulate under 40 CFR part 92.
    (8) Marine diesel engines we regulate under 40 CFR parts 89 or 94.
    (c) Paragraph (a) of this section identifies the parts of the CFR
that define emission standards and other requirements for particular
types of engines and equipment. This part 1068 refers to each of these
other parts generically as the ``standard-setting part.'' For example,
40 CFR part 1051 is always the standard-setting part for snowmobiles.
Follow the provisions of the standard-setting part if they are
different than any of the provisions in this part.
    (d)(1) The provisions of Sec. Sec.  1068.30, 1068.310, and 1068.320
apply for stationary spark-ignition engines built on or after January
1, 2004, and for stationary compression-ignition engines built on or
after January 1, 2006.
    (2) The provisions of Sec. Sec.  1068.30 and 1068.235 apply for the
types of engines/equipment listed in paragraph (a) of this section
beginning January 1, 2004, if they are used solely for competition.

Sec.  1068.2  How does this part apply for engines and how does it
apply for equipment?

    (a) See the standard-setting part to determine if engine-based and/
or equipment-based standards apply. (Note: Some equipment is subject to
engine-based standards for exhaust emission and equipment-based
standards for evaporative emissions.)
    (b) The provisions of this part apply differently depending on
whether the engine or equipment is required to be certified.
    (1) Subpart A and subpart B of this part apply to engines and
equipment, without regard to which is subject to certification
requirements in the standard-setting part.
    (2) Subparts C, D, and E of this part apply to the engines or to
the equipment, whichever is subject to certification requirements in
the standard-setting part.
    (3) Subpart F of this part generally applies to the engines or to
the equipment, whichever is subject to standards under the standard-
setting part. However, since subpart F of this part addresses in-use
engines and equipment (in which the engine is installed in the
equipment), the requirements do not always distinguish between engines
and equipment.
    (c) For issues related to testing, read the term ``engines/
equipment'' to mean engines for engines subject to engine-based testing
and equipment for equipment subject to equipment-based testing;
otherwise, read the term ``engines/equipment'' to mean engines for
sources subject to engine-based standards and equipment for sources
subject to equipment-based standards.
    (d) When we use the term engines (rather than engines/equipment),
read it to mean engines without regard to whether the source is subject
to engine-based standards or testing. When we use the term equipment
(rather than engines/equipment), read it to mean equipment without
regard to whether the source is subject to equipment-based standards or
testing. (Note: The definition of ``equipment'' in Sec.  1068.30
includes the engine.)
    (e) The terminology convention described in this section is not
intended to limit our authority or your obligations under the Clean Air
Act.

Sec.  1068.5  How must manufacturers apply good engineering judgment?

    (a) You must use good engineering judgment for decisions related to
any requirements under this chapter. This includes your applications
for certification, any testing you do to show that your certification,
production-line, and in-use engines/equipment comply with requirements
that apply to them, and how you select, categorize, determine, and
apply these requirements.
    (b) If we send you a written request, you must give us a written
description of the engineering judgment in question. Respond within 15
working days of receiving our request unless we allow more time.
    (c) We may reject your decision if it is not based on good
engineering judgment or is otherwise inconsistent with the requirements
that apply, based on the following provisions:
    (1) We may suspend, revoke, or void a certificate of conformity if
we determine you deliberately used incorrect information or overlooked
important information, that you did not decide in good faith, or that
your decision was not rational.
    (2) If we believe a different decision would better reflect good
engineering judgment, but none of the provisions of paragraph (c)(1) of
this section apply, we will tell you of our concern (and its basis).
You will have 30 days to respond to our concerns, or more time if we
agree that you need it to generate more information. After considering
your information, we will give you a final ruling. If we conclude that
you did not use good engineering judgment, we may reject your decision
and apply the new ruling to similar situations as soon as possible.
    (d) We will tell you in writing of the conclusions we reach under
paragraph (c) of this section and explain our reasons for them.
    (e) If you disagree with our conclusions, you may file a request
for a hearing with the Designated Compliance Officer as described in
subpart G of this part. In your request, specify your objections,
include data or supporting analysis, and get your authorized
representative's signature. If we agree that your request raises a
substantial factual issue, we will hold the hearing according to
subpart F of this part.

Sec.  1068.10  What provisions apply to confidential information?

    (a) Clearly show what you consider confidential by marking,
circling, bracketing, stamping, or some other method.
    (b) We will store your confidential information as described in 40
CFR part 2. Also, we will disclose it only as specified in 40 CFR part
2. This applies both to any information you send us and to any
information we collect from inspections, audits, or other site visits.

    (c) If you send us a second copy without the confidential
information, we will assume it contains nothing confidential whenever
we need to release information from it.
    (d) If you send us information without claiming it is confidential,
we may make it available to the public without further notice to you,
as described in 40 CFR 2.204.

Sec.  1068.15  What general provisions apply for EPA decision-making?

    (a) The Administrator of the Environmental Protection Agency or any
official to whom the Administrator has delegated specific authority may
represent the Agency. For more information, ask for a copy of the
relevant sections of the EPA Delegations Manual from the Designated
Compliance Officer.
    (b) The regulations in this part and in the standard-setting part
have specific requirements describing how to get EPA approval before
you take specific actions. These regulations also allow us to waive
some specific requirements. For provisions or flexibilities that we
address frequently, we may choose to provide detailed guidance in
supplemental compliance instructions for manufacturers. Such
instructions will generally state how they relate to the need for pre-
approval. Unless we explicitly state so, you should not consider full
compliance with the instructions to be equivalent to EPA approval.

Sec.  1068.20  May EPA enter my facilities for inspections?

    (a) We may inspect your testing, manufacturing processes, storage
facilities (including port facilities for imported engines and
equipment or other relevant facilities), or records, as authorized by
the Clean Air Act, to enforce the provisions of this chapter.
Inspectors will have authorizing credentials and will limit inspections
to reasonable times--usually, normal operating hours.
    (b) If we come to inspect, we may or may not have a warrant or
court order.
    (1) If we do not have a warrant or court order, you may deny us
entry.
    (2) If we have a warrant or court order, you must allow us to enter
the facility and carry out the activities it describes.
    (c) We may seek a warrant or court order authorizing an inspection
described in this section whether or not we first tried to get your
permission to inspect.
    (d) We may select any facility to do any of the following:
    (1) Inspect and monitor any aspect of engine or equipment
manufacturing, assembly, storage, or other procedures, and any
facilities where you do them.
    (2) Inspect and monitor any aspect of engine or equipment test
procedures or test-related activities, including test engine/equipment
selection, preparation, service accumulation, emission duty cycles, and
maintenance and verification of your test equipment's calibration.
    (3) Inspect and copy records or documents related to assembling,
storing, selecting, and testing an engine or piece of equipment.
    (4) Inspect and photograph any part or aspect of engines or
equipment and components you use for assembly.
    (e) You must give us reasonable help without charge during an
inspection authorized by the Clean Air Act. For example, you may need
to help us arrange an inspection with the facility's managers,
including clerical support, copying, and translation. You may also need
to show us how the facility operates and answer other questions. If we
ask in writing to see a particular employee at the inspection, you must
ensure that he or she is present (legal counsel may accompany the
employee).
    (f) If you have facilities in other countries, we expect you to
locate them in places where local law does not keep us from inspecting
as described in this section. We will not try to inspect if we learn
that local law prohibits it, but we may suspend your certificate if we
are not allowed to inspect.

Sec.  1068.25  What information must I give to EPA?

    If you are subject to the requirements of this part, we may require
you to give us information to evaluate your compliance with any
regulations that apply, as authorized by the Clean Air Act. This
includes the following things:
    (a) You must provide the information we require in this chapter. We
may require an authorized representative of your company to approve and
sign any submission of information to us, and to certify that the
information is accurate and complete.
    (b) You must establish and maintain records, perform tests, make
reports and provide additional information that we may reasonably
require under section 208 of the Clean Air Act (42 U.S.C. 7542). This
also applies to engines/equipment we exempt from emission standards or
prohibited acts. Unless we specify otherwise, you must keep required
records for eight years.

Sec.  1068.27  May EPA conduct testing with my production engines/
equipment?

    If we request it, you must make a reasonable number of production-
line engines or pieces of production-line equipment available for a
reasonable time so we can test or inspect them for compliance with the
requirements of this chapter.

Sec.  1068.30  What definitions apply to this part?

    The following definitions apply to this part. The definitions apply
to all subparts unless we note otherwise. All undefined terms have the
meaning the Clean Air Act gives to them. The definitions follow:
    Aftertreatment means relating to a catalytic converter, particulate
filter, or any other system, component, or technology mounted
downstream of the exhaust valve (or exhaust port) whose design function
is to reduce emissions in the engine exhaust before it is exhausted to
the environment. Exhaust-gas recirculation (EGR) is not aftertreatment.
    Aircraft means any vehicle capable of sustained air travel above
treetop heights.
    Certificate holder means a manufacturer (including importers) with
a currently valid certificate of conformity for at least one family in
a given model year.
    Clean Air Act means the Clean Air Act, as amended, 42 U.S.C. 7401-
7671q.
    Date of manufacture means one of the following:
    (1) For engines, the date on which the crankshaft is installed in
an engine block, with the following exceptions:
    (i) For engines produced by secondary engine manufacturers under
Sec.  1068.262, date of manufacture means the date the engine is
received from the original engine manufacturer. You may assign an
earlier date up to 30 days before you received the engine, but not
before the crankshaft was installed. You may not assign an earlier date
if you cannot demonstrate the date the crankshaft was installed.
    (ii) Manufacturers may assign a date of manufacture at a point in
the assembly process later than the date otherwise specified under this
definition. For example, a manufacturer may use the build date printed
on the label or stamped on the engine as the date of manufacture.
    (2) For equipment, the date on which the engine is installed,
unless otherwise specified in the standard-setting part. Manufacturers
may alternatively assign a date of manufacture later in the assembly
process.
    Days means calendar days, including weekends and holidays.
    Defeat device has the meaning given in the standard-setting part.
    Designated Compliance Officer means the Manager, Heavy-Duty and
Nonroad

Engine Group (6405-J), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., Washington, DC 20460.
    Designated Enforcement Officer means the Director, Air Enforcement
Division (2242A), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW.,Washington, DC 20460.
    Engine means an engine block with an installed crankshaft. The term
engine does not include engine blocks without an installed crankshaft,
nor does it include any assembly of engine components that does not
include the engine block. (Note: For purposes of this definition, any
component that is the primary means of converting an engine's energy
into usable work is considered a crankshaft, whether or not it is known
commercially as a crankshaft.) This includes complete and partially
complete engines as follows:
    (1) A complete engine is a fully assembled engine in its final
configuration. In the case of equipment-based standards, an engine is
not considered complete until it is installed in the equipment, even if
the engine itself is fully assembled.
    (2) A partially complete engine is an engine that is not fully
assembled or is not in its final configuration. Except where we specify
otherwise in this part or the standard-setting part, partially complete
engines are subject to the same standards and requirements as complete
engines. The following would be considered examples of partially
complete engines:
    (i) An engine that is missing certain emission-related components.
    (ii) A new engine that was originally assembled as a motor-vehicle
engine that will be recalibrated for use as a nonroad engine.
    (iii) A new engine that was originally assembled as a land-based
engine that will be modified for use as a marine propulsion engine.
    (iv) A short block consisting of a crankshaft and other engine
components connected to the engine block, but missing the head
assembly.
    (v) A long block consisting of all engine components except the
fuel system and an intake manifold.
    (vi) In the case of equipment-based standards, a fully functioning
engine that is not yet installed in the equipment. For example, a fully
functioning engine that will be installed in an off-highway motorcycle
or a locomotive is considered partially complete until it is installed
in the equipment.
    Engine-based standard means an emission standard expressed in units
of grams of pollutant per kilowatt-hour that applies to the engine.
Emission standards are either engine-based or equipment-based. Note
that engines may be subject to additional standards such as smoke
standards.
    Engine-based test means an emission test intended to measure
emissions in units of grams of pollutant per kilowatt-hour, without
regard to whether the standard applies to the engine or equipment. Note
that some products that are subject to engine-based testing are subject
to additional test requirements such as for smoke.
    Engine/equipment and engines/equipment mean engine(s) and/or
equipment depending on the context. Specifically these terms mean the
following:
    (1) Engine(s) when only engine-based standards apply.
    (2) Engine(s) for testing issues when engine-based testing applies.
    (3) Engine(s) and equipment when both engine-based and equipment-
based standards apply.
    (4) Equipment when only equipment-based standards apply.
    (5) Equipment for testing issues when equipment-based testing
applies.
    Equipment means one of the following things:
    (1) Any vehicle, vessel, or other type of equipment that is subject
to the requirements of this part or that uses an engine that is subject
to the requirements of this part. An installed engine is part of the
equipment.
    (2) Fuel-system components that are subject to an equipment-based
standard under this chapter. Installed fuel-system components are part
of the engine.
    Equipment-based standard means an emission standard that applies to
the equipment in which an engine is used or to fuel-system components
associated with an engine, without regard to how the emissions are
measured. If equipment-based standards apply, we require that the
equipment or fuel-system components be certified rather than just the
engine. Emission standards are either engine-based or equipment-based.
For example, recreational vehicles we regulate under 40 CFR part 1051
are subject to equipment-based standards even if emission measurements
are based on engine operation alone.
    Exempted means relating to engines/equipment that are not required
to meet otherwise applicable standards. Exempted engines/equipment must
conform to regulatory conditions specified for an exemption in this
part 1068 or in the standard-setting part. Exempted engines/equipment
are deemed to be ``subject to'' the standards of the standard-setting
part even though they are not required to comply with the otherwise
applicable requirements. Engines/equipment exempted with respect to a
certain tier of standards may be required to comply with an earlier
tier of standards as a condition of the exemption; for example, engines
exempted with respect to Tier 3 standards may be required to comply
with Tier 1 or Tier 2 standards.
    Family means engine family or emission family, as applicable under
the standard-setting part.
    Final deteriorated test result has the meaning given in the
standard-setting part. If it is not defined in the standard-setting
part, it means the emission level that results from applying all
appropriate adjustments (such as deterioration factors) to the measured
emission result of the emission-data engine.
    Good engineering judgment means judgments made consistent with
generally accepted scientific and engineering principles and all
available relevant information.
    Manufacturer has the meaning given in section 216(1) of the Clean
Air Act (42 U.S.C. 7550(1)). In general, this term includes any person
who manufactures an engine or piece of equipment for sale in the United
States or otherwise introduces a new engine or piece of equipment into
U.S. commerce. This includes importers that import new engines or new
equipment into the United States for resale. It also includes secondary
engine manufacturers.
    Model year has the meaning given in the standard-setting part.
Unless the standard-setting part specifies otherwise, model year for
individual engines/equipment is based on the date of manufacture or a
later stage in the assembly process determined by the manufacturer,
subject to the limitations described in Sec. Sec.  1068.103 and
1068.360. The model year of a new engine that is neither certified nor
exempt is deemed to be the calendar year in which it is sold, offered
for sale, imported, or delivered or otherwise introduced into U.S.
commerce.
    Motor vehicle has the meaning given in 40 CFR 85.1703(a).
    New has the meaning we give it in the standard-setting part.
    Nonroad engine means:
    (1) Except as discussed in paragraph (2) of this definition, a
nonroad engine is an internal combustion engine that meets any of the
following criteria:
    (i) It is (or will be) used in or on a piece of equipment that is
self-propelled or serves a dual purpose by both propelling itself and
performing another function (such as garden tractors, off-highway
mobile cranes and bulldozers).

    (ii) It is (or will be) used in or on a piece of equipment that is
intended to be propelled while performing its function (such as
lawnmowers and string trimmers).
    (iii) By itself or in or on a piece of equipment, it is portable or
transportable, meaning designed to be and capable of being carried or
moved from one location to another. Indicia of transportability
include, but are not limited to, wheels, skids, carrying handles,
dolly, trailer, or platform.
    (2) An internal combustion engine is not a nonroad engine if it
meets any of the following criteria:
    (i) The engine is used to propel a motor vehicle, an aircraft, or
equipment used solely for competition.
    (ii) The engine is regulated under 40 CFR part 60, (or otherwise
regulated by a federal New Source Performance Standard promulgated
under section 111 of the Clean Air Act (42 U.S.C. 7411)).
    (iii) The engine otherwise included in paragraph (1)(iii) of this
definition remains or will remain at a location for more than 12
consecutive months or a shorter period of time for an engine located at
a seasonal source. A location is any single site at a building,
structure, facility, or installation. Any engine (or engines) that
replaces an engine at a location and that is intended to perform the
same or similar function as the engine replaced will be included in
calculating the consecutive time period. An engine located at a
seasonal source is an engine that remains at a seasonal source during
the full annual operating period of the seasonal source. A seasonal
source is a stationary source that remains in a single location on a
permanent basis (i.e., at least two years) and that operates at that
single location approximately three months (or more) each year. See
Sec.  1068.31 for provisions that apply if the engine is removed from
the location.
    Operating hours means:
    (1) For engine and equipment storage areas or facilities, times
during which people other than custodians and security personnel are at
work near, and can access, a storage area or facility.
    (2) For other areas or facilities, times during which an assembly
line operates or any of the following activities occurs:
    (i) Testing, maintenance, or service accumulation.
    (ii) Production or compilation of records.
    (iii) Certification testing.
    (iv) Translation of designs from the test stage to the production
stage.
    (v) Engine or equipment manufacture or assembly.
    Piece of equipment means any vehicle, vessel, locomotive, aircraft,
or other type of equipment using engines to which this part applies.
    Placed into service means used for its intended purpose.
    Reasonable technical basis means information that would lead a
person familiar with engine design and function to reasonably believe a
conclusion related to compliance with the requirements of this part.
For example, it would be reasonable to believe that parts performing
the same function as the original parts (and to the same degree) would
control emissions to the same degree as the original parts.
    Relating to as used in this section means relating to something in
a specific, direct manner. This expression is used in this section only
to define terms as adjectives and not to broaden the meaning of the
terms.
    Replacement engine means an engine exempted as a replacement engine
under Sec.  1068.240.
    Revoke means to terminate the certificate or an exemption for a
family. If we revoke a certificate or exemption, you must apply for a
new certificate or exemption before continuing to introduce the
affected engines/equipment into U.S. commerce. This does not apply to
engines/equipment you no longer possess.
    Secondary engine manufacturer means anyone who produces a new
engine by modifying a complete or partially complete engine that was
made by a different company. For the purpose of this definition,
``modifying'' does not include making changes that do not remove an
engine from its original certified configuration. Secondary engine
manufacturing includes, for example, converting automotive engines for
use in industrial applications, or land-based engines for use in marine
applications. This applies whether it involves a complete or partially
complete engine and whether the engine was previously certified to
emission standards or not. Manufacturers controlled by the manufacturer
of the base engine (or by an entity that also controls the manufacturer
of the base engine) are not secondary engine manufacturers; rather,
both entities are considered to be one manufacturer for purposes of
this part. This definition applies equally to equipment manufacturers
that modify engines. Also, equipment manufacturers that certify to
equipment-based standards using engines produced by another company are
deemed to be secondary engine manufacturers. Companies importing
complete engines into the United States are not secondary engine
manufacturers regardless of the procedures and relationships between
companies for assembling the engines.
    Small business means either of the following:
    (1) A company that qualifies under the standard-setting part for
special provisions for small businesses or small-volume manufacturers.
    (2) A company that qualifies as a small business under the
regulations adopted by the Small Business Administration at 13 CFR
121.201 if the standard-setting part does not establish such qualifying
criteria.
    Standard-setting part means a part in the Code of Federal
Regulations that defines emission standards for a particular engine
and/or piece of equipment (see Sec.  1068.1(a)). For example, the
standard-setting part for marine spark-ignition engines is 40 CFR part
1045. For provisions related to evaporative emissions, the standard-
setting part may be 40 CFR part 1060, as specified in 40 CFR 1060.1.
    Suspend means to temporarily discontinue the certificate or an
exemption for a family. If we suspend a certificate, you may not
introduce into U.S. commerce engines/equipment from that family unless
we reinstate the certificate or approve a new one. If we suspend an
exemption, you may not introduce into U.S. commerce engines/equipment
that were previously covered by the exemption unless we reinstate the
exemption.
    Ultimate purchaser means the first person who in good faith
purchases a new nonroad engine or new piece of equipment for purposes
other than resale.
    United States means the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
    U.S.-directed production volume means the number of engine/
equipment units, subject to the requirements of this part, produced by
a manufacturer for which the manufacturer has a reasonable assurance
that sale was or will be made to ultimate purchasers in the United
States.
    Void means to invalidate a certificate or an exemption ab initio.
If we void a certificate, all the engines/equipment introduced into
U.S. commerce under that family for that model year are considered
noncompliant, and you are liable for all engines/equipment introduced
into U.S. commerce under the certificate and may face civil or criminal
penalties or both. This applies equally to all engines/equipment in the
family, including engines/equipment

introduced into U.S. commerce before we voided the certificate. If we
void an exemption, all the engines/equipment introduced into U.S.
commerce under that exemption are considered uncertified (or
nonconforming), and you are liable for engines/equipment introduced
into U.S. commerce under the exemption and may face civil or criminal
penalties or both. You may not introduce into U.S. commerce any
additional engines/equipment using the voided exemption.
    Voluntary emission recall means a repair, adjustment, or
modification program voluntarily initiated and conducted by a
manufacturer to remedy any emission-related defect for which engine
owners have been notified.
    We (us, our) means the Administrator of the Environmental
Protection Agency and any authorized representatives.

Sec.  1068.31  What provisions apply to nonroad or stationary engines
that change their status?

    This section specifies the provisions that apply when an engine
previously used in a nonroad application is subsequently used in an
application other than a nonroad application, or when an engine
previously used in a stationary application (i.e., an engine that was
not used as a nonroad engine and that was not used to propel a motor
vehicle, an aircraft, or equipment used solely for competition) is
moved.
    (a) Changing the status of a stationary engine to be a new nonroad
engine as described in paragraph (b) of this section is a violation of
Sec.  1068.101(a)(1) or (b)(3) unless the engine has been certified to
be compliant with all requirements of this chapter that apply to new
nonroad engines of the same type (for example, a compression-ignition
engine rated at 40 kW) and model year, and is in its certified
configuration. Note that the definitions of ``model year'' in the
standard-setting parts generally identify the engine's original date of
manufacture as the basis for determining which standards apply if it
becomes a nonroad engine after it is no longer new. For example, see 40
CFR 1039.801 and 1048.801.
    (b) A stationary engine becomes a new nonroad engine if--
    (1) It is used in an application that meets the criteria specified
in paragraphs (1)(i) or (ii) in the definition of ``nonroad engine'' in
Sec.  1068.30.
    (2) It meets the criteria specified in paragraph (1)(iii) of the
definition of ``nonroad engine'' in Sec.  1068.30 and is moved so that
it fails to meet (or no longer meets) the criteria specified in
paragraph (2)(iii) in the definition of ``nonroad engine'' in Sec.
1068.30.
    (c) A stationary engine does not become a new nonroad engine if it
is moved but continues to meet the criteria specified in paragraph
(2)(iii) in the definition of ``nonroad engine'' in Sec.  1068.30 in
its new location. For example, a transportable engine that is used in a
single specific location for 18 months and is later moved to a second
specific location where it will remain for at least 12 months is
considered to be a stationary engine in both locations. Note that for
engines that are neither portable nor transportable in actual use, the
residence-time restrictions in the definition of ``nonroad engine''
generally do not apply.
    (d) Changing the status of a nonroad engine to be a new stationary
engine as described in paragraph (e) of this section is a violation of
Sec.  1068.101(a)(1) unless the engine complies with all the
requirements of this chapter for new stationary engines of the same
type (for example, a compression-ignition engine rated at 40 kW) and
model year. For a new stationary engine that is required to be
certified under 40 CFR part 60, the engine must have been certified to
be compliant with all the requirements that apply to new stationary
engines of the same type and model year, and must be in its certified
configuration.
    (e) A nonroad engine ceases to be a nonroad engine and becomes a
new stationary engine if--
    (1) At any time, it meets the criteria specified in paragraph
(2)(iii) in the definition of ``nonroad engine'' in Sec.  1068.30. For
example, a portable generator engine ceases to be a nonroad engine if
it is used or will be used in a single specific location for 12 months
or longer. If we determine that an engine will be or has been used in a
single specific location for 12 months or longer, it ceased to be a
nonroad engine when it was placed in that location.
    (2) It is otherwise regulated by a federal New Source Performance
Standard promulgated under section 111 of the Clean Air Act (42 U.S.C.
7411).
    (f) A nonroad engine ceases to be a nonroad engine if it is used to
propel a motor vehicle, an aircraft, or equipment used solely for
competition. See 40 CFR part 86 for requirements applicable to motor
vehicles and motor vehicle engines. See 40 CFR part 87 for requirements
applicable to aircraft and aircraft engines. See Sec.  1068.235 for
requirements applicable to equipment used solely for competition.

Sec.  1068.35  What symbols, acronyms, and abbreviations does this part
use?

    The following symbols, acronyms, and abbreviations apply to this
part:

$ U.S. dollars.
CFR Code of Federal Regulations.
disp engine displacement.
EPA Environmental Protection Agency.
kW kilowatt.
L/cyl liters per cylinder.
NARA National Archives and Records Administration.
NOX Oxides of nitrogen.
SAE Society of Automotive Engineers.
SEA selective enforcement audit.
U.S. United States.
U.S.C. United States Code.

Sec.  1068.40  What special provisions apply for implementing technical
amendments?

    During the 12 months following the effective date of any change in
the provisions of this part, you may ask to apply the previously
applicable provisions. We will generally approve your request if you
can demonstrate that it would be impractical to comply with the new
requirements. We may consider the potential for adverse environmental
impacts in our decision. Similarly, in unusual circumstances, you may
ask for relief under this section from new requirements that apply
under the standard-setting part.

Sec.  1068.45  General labeling provisions.

    The provisions of this part and the standard-setting part include a
variety of labeling requirements. The following general provisions
apply:
    (a) Permanent labels. Where we specify that you apply a permanent
label, you must meet the following requirements unless the standard-
setting part includes other specific label requirements:
    (1) Attach the label so no one can remove it without destroying or
defacing it.
    (2) Make sure it is durable and readable for the engine/equipment's
entire life.
    (3) Secure it to a part of the engine/equipment needed for normal
operation and not normally requiring replacement.
    (4) Write it in English.
    (5) Make the labels readily visible to the average person after all
installation and assembly are complete.
    (b) Removable labels. Where we specify that you apply a removable
label, it must meet the following conditions:
    (1) You must attach the label in a way that does not allow it to be
separated from the engine/equipment without a deliberate effort. Note
that for exemptions requiring removable labels, the exemption no longer
applies once the label is separated from the engine/equipment.
    (2) The label must be durable and readable throughout the period of
its

intended purpose. This period generally includes all distribution in
U.S. commerce during which the exemption applies.
    (3) Except as specified in paragraph (c) of this section, the label
must be attached directly to the engine/equipment in a visible
location. We consider a tag that meets the specified requirements to be
an attached label.
    (c) Labels on packaging. This part or the standard-setting part may
in certain cases allow you to label the packaging if you ship engines/
equipment packaged together instead of applying a removable label to
engines/equipment individually. For example, this may involve packaging
engines together by attaching them to a rack, binding them together on
a pallet, or enclosing them in a box. The provisions of this paragraph
(c) also apply for engines/equipment boxed individually where you do
not apply labels directly to the engines/equipment. The following
provisions apply if you label the packaging instead of labeling
engines/equipment individually:
    (1) You may use the provisions of this paragraph (c) only if all
the engines/equipment packaged together need the same label.
    (2) You must place the label on the package in a readily visible
location. This may require labeling the package in multiple locations.
    (3) You must package the engines/equipment such that the labels
will not be separated from the engines/equipment or otherwise become
unreadable throughout the period that the label applies. For example,
labels required for shipping engines to a secondary engine manufacturer
under Sec.  1068.262 must remain attached and readable until they reach
the secondary engine manufacturer. Similarly, removable labels
specified in Sec.  1068.240 for replacement engines must remain
attached and readable until they reach the point of final installation.
    (4) You are in violation of Sec.  1068.101(a)(1) if such engines/
equipment are removed from the package or are otherwise separated from
the label before reaching the point at which the label is no longer
needed.
    (d) Temporary consumer labels. Where we specify that you apply
temporary consumer labels (including tags), each label must meet the
following conditions:
    (1) You must attach the label in a way that does not allow it to be
separated from the engine/equipment without a deliberate effort.
    (2) The label must be sufficiently durable to be readable until it
reaches the ultimate purchaser.
    (3) The label must be attached directly to the engine/equipment in
a visible location.
    (e) Prohibitions against removing labels. Removing permanent labels
may be a violation of Sec.  1068.101(b)(7). Removing temporary or
removable labels prematurely may also be a violation of Sec.
1068.101(b)(7).
    (f) Identifying emission control systems. If the standard-setting
part specifies that you use standardized terms and abbreviations to
identify emission control systems, use terms and abbreviations
consistent with SAE J1930 (incorporated by reference in Sec.  1068.95).

Sec.  1068.95  What materials does this part reference?

    Documents listed in this section have been incorporated by
reference into this part. The Director of the Federal Register approved
the incorporation by reference as prescribed in 5 U.S.C. 552(a) and 1
CFR part 51. Anyone may inspect copies at the U.S. EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Ave., NW.,
Room B102, EPA West Building, Washington, DC 20460 or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
    (a) SAE material. Table 1 to this section lists material from the
Society of Automotive Engineers that we have incorporated by reference.
The first column lists the number and name of the material. The second
column lists the sections of this part where we reference it. Anyone
may purchase copies of these materials from the Society of Automotive
Engineers, 400 Commonwealth Drive, Warrendale, PA 15096 or http://
www.sae.org. Table 1 follows:

                Table 1 to Sec.   1068.95--SAE Materials
------------------------------------------------------------------------
                                                             Part 1068
                Document number and name                     reference
------------------------------------------------------------------------
SAE J1930, Electrical/Electronic Systems Diagnostic              1068.95
 Terms, Definitions, Abbreviations, and Acronyms,
 revised April 2002.....................................
------------------------------------------------------------------------

    (b) [Reserved]

Subpart B--Prohibited Actions and Related Requirements

Sec.  1068.101  What general actions does this regulation prohibit?

    This section specifies actions that are prohibited and the maximum
civil penalties that we can assess for each violation in accordance
with 42 U.S.C. 7522 and 7524. The maximum penalty values listed in
paragraphs (a) and (b) of this section are shown for calendar year
2004. As described in paragraph (e) of this section, maximum penalty
limits for later years are set forth in 40 CFR part 19.
    (a) The following prohibitions and requirements apply to
manufacturers of new engines, manufacturers of equipment containing
these engines, and manufacturers of new equipment, except as described
in subparts C and D of this part:
    (1) Introduction into commerce. You may not sell, offer for sale,
or introduce or deliver into commerce in the United States or import
into the United States any new engine/equipment after emission
standards take effect for the engine/equipment, unless it is covered by
a valid certificate of conformity for its model year and has the
required label or tag. You also may not take any of the actions listed
in the previous sentence with respect to any equipment containing an
engine subject to this part's provisions unless the engine is covered
by a valid certificate of conformity for its model year and has the
required engine label or tag. We may assess a civil penalty up to
$32,500 for each engine or piece of equipment in violation.
    (i) For purposes of this paragraph (a)(1), a valid certificate of
conformity is one that applies for the same model year as the model
year of the equipment (except as allowed by Sec.  1068.105(a)), covers
the appropriate category of engines/equipment (such as locomotive or
Marine SI), and conforms to all requirements specified for equipment in
the standard-setting part. Engines/equipment are considered not covered
by a certificate unless they are in a configuration described in the
application for certification.

    (ii) The requirements of this paragraph (a)(1) also cover new
engines you produce to replace an older engine in a piece of equipment,
unless the engine qualifies for the replacement-engine exemption in
Sec.  1068.240.
    (iii) For engines used in equipment subject to equipment-based
standards, you may not sell, offer for sale, or introduce or deliver
into commerce in the United States or import into the United States any
new engine unless it is covered by a valid certificate of conformity
for its model year and has the required label or tag. See the standard-
setting part for more information about how this prohibition applies.
    (2) Reporting and recordkeeping. This chapter requires you to
record certain types of information to show that you meet our
standards. You must comply with these requirements to make and maintain
required records (including those described in Sec.  1068.501). You may
not deny us access to your records or the ability to copy your records
if we have the authority to see or copy them. Also, you must give us
complete and accurate reports and information without delay as required
under this chapter. Failure to comply with the requirements of this
paragraph is prohibited. We may assess a civil penalty up to $32,500
for each day you are in violation. In addition, knowingly submitting
false information is a violation of 18 U.S.C. 1001, which may involve
criminal penalties and up to five years imprisonment.
    (3) Testing and access to facilities. You may not keep us from
entering your facility to test engines/equipment or inspect if we are
authorized to do so. Also, you must perform the tests we require (or
have the tests done for you). Failure to perform this testing is
prohibited. We may assess a civil penalty up to $32,500 for each day
you are in violation.
    (b) The following prohibitions apply to everyone with respect to
the engines and equipment to which this part applies:
    (1) Tampering. You may not remove or render inoperative any device
or element of design installed on or in engines/equipment in compliance
with the regulations prior to its sale and delivery to the ultimate
purchaser. You also may not knowingly remove or render inoperative any
such device or element of design after such sale and delivery to the
ultimate purchaser. This includes, for example, operating an engine
without a supply of appropriate quality urea if the emissions control
system relies on urea to reduce NOX emissions or the use of
incorrect fuel or engine oil that renders the emissions control system
inoperative. Section 1068.120 describes how this applies to rebuilding
engines. See the standard-setting part, which may include additional
provisions regarding actions prohibited by this requirement. For a
manufacturer or dealer, we may assess a civil penalty up to $32,500 for
each engine or piece of equipment in violation. For anyone else, we may
assess a civil penalty up to $2,750 for each day an engine or piece of
equipment is operated in violation. This prohibition does not apply in
any of the following situations:
    (i) You need to repair the engine/equipment and you restore it to
proper functioning when the repair is complete.
    (ii) You need to modify the engine/equipment to respond to a
temporary emergency and you restore it to proper functioning as soon as
possible.
    (iii) You modify new engines/equipment that another manufacturer
has already certified to meet emission standards and recertify them
under your own family. In this case you must tell the original
manufacturer not to include the modified engines/equipment in the
original family.
    (2) Defeat devices. You may not knowingly manufacture, sell, offer
to sell, or install, any part that bypasses, impairs, defeats, or
disables the control of emissions of any regulated pollutant, except as
explicitly allowed by the standard-setting part. We may assess a civil
penalty up to $2,750 for each part in violation.
    (3) Stationary engines. For an engine that is excluded from any
requirements of this chapter because it is a stationary engine, you may
not move it or install it in any mobile equipment except as allowed by
the provisions of this chapter. You may not circumvent or attempt to
circumvent the residence-time requirements of paragraph (2)(iii) of the
nonroad engine definition in Sec.  1068.30. Anyone violating this
paragraph (b)(3) is deemed to be a manufacturer in violation of
paragraph (a)(1) of this section. We may assess a civil penalty up to
$32,500 for each day you are in violation.
    (4) Competition engines/equipment. For uncertified engines/
equipment that are excluded or exempted from any requirements of this
chapter because they are to be used solely for competition, you may not
use any of them in a manner that is inconsistent with use solely for
competition. Anyone violating this paragraph (b)(4) is deemed to be a
manufacturer in violation of paragraph (a)(1) of this section. We may
assess a civil penalty up to $32,500 for each day you are in violation.
    (5) Importation. You may not import an uncertified engine or piece
of equipment if it is defined to be new in the standard-setting part
with a model year for which emission standards applied. Anyone
violating this paragraph (b)(5) is deemed to be a manufacturer in
violation of paragraph (a)(1) of this section. We may assess a civil
penalty up to $32,500 for each day you are in violation. Note the
following:
    (i) The definition of new is broad for imported engines/equipment;
uncertified engines and equipment (including used engines and
equipment) are generally considered to be new when imported.
    (ii) Used engines/equipment that were originally manufactured
before applicable EPA standards were in effect are generally not
subject to emission standards.
    (6) Warranty, recall, and maintenance instructions. You must meet
your obligation to honor your emission-related warranty under Sec.
1068.115, including any commitments you identify in your application
for certification. You must also fulfill all applicable requirements
under subpart F of this part related to emission-related defects and
recalls. You must also provide emission-related installation and
maintenance instructions as described in the standard-setting part.
Failure to meet these obligations is prohibited. Also, except as
specifically provided by regulation, you are prohibited from directly
or indirectly communicating to the ultimate purchaser or a later
purchaser that the emission-related warranty is valid only if the owner
has service performed at authorized facilities or only if the owner
uses authorized parts, components, or systems. We may assess a civil
penalty up to $32,500 for each engine or piece of equipment in
violation.
    (7) Labeling. (i) You may not remove or alter an emission control
information label or other required permanent label except as specified
in this paragraph (b)(7) or otherwise allowed by this chapter. Removing
or altering an emission control information label is a violation of
paragraph (b)(1) of this section. However, it is not a violation to
remove a label in the following circumstances:
    (A) The engine is destroyed, is permanently disassembled, or
otherwise loses its identity such that the original title to the engine
is no longer valid.
    (B) The regulations specifically direct you to remove the label.
For example, see Sec.  1068.235.

    (C) The part on which the label is mounted needs to be replaced. In
this case, you must have a replacement part with a duplicate of the
original label installed by the certifying manufacturer or an
authorized agent, except that the replacement label may omit the date
of manufacture if applicable. We generally require labels to be
permanently attached to parts that will not normally be replaced, but
this provision allows for replacements in unusual circumstances, such
as damage in a collision or other accident.
    (D) The original label is incorrect, provided that it is replaced
with the correct label from the certifying manufacturer or an
authorized agent. This allowance to replace incorrect labels does not
affect whether the application of an incorrect original label is a
violation.
    (ii) Removing or altering a temporary or removable label contrary
to the provisions of this paragraph (b)(7)(ii) is a violation of
paragraph (b)(1) of this section.
    (A) For labels identifying temporary exemptions, you may not remove
or alter the label while the engine/equipment is in an exempt status.
The exemption is automatically revoked for each engine/equipment for
which the label has been removed.
    (B) For temporary or removable consumer information labels, only
the ultimate purchaser may remove the label.
    (iii) You may not apply a false emission control information label.
You also may not manufacture, sell, or offer to sell false labels. The
application, manufacture, sale, or offer for sale of false labels is a
violation of this section (such as paragraph (a)(1) or (b)(2) of this
section). Note that applying an otherwise valid emission control
information label to the wrong engine is considered to be applying a
false label.
    (c) If you cause someone to commit a prohibited act in paragraph
(a) or (b) of this section, you are in violation of that prohibition.
    (d) Exemptions from these prohibitions are described in subparts C
and D of this part and in the standard-setting part.
    (e) The standard-setting parts describe more requirements and
prohibitions that apply to manufacturers (including importers) and
others under this chapter.
    (f) The specification of prohibitions and penalties in this part
does not limit the prohibitions and penalties described in the Clean
Air Act. Additionally, a single act may trigger multiple violations
under this section and the Act. We may pursue all available
administrative, civil, or criminal remedies for those violations even
if the regulation references only a single prohibited act in this
section.
    (g) [Reserved]
    (h) The maximum penalty values listed in paragraphs (a) and (b) of
this section are shown for calendar year 2004. Maximum penalty limits
for later years may be adjusted based on the Consumer Price Index. The
specific regulatory provisions for changing the maximum penalties,
published in 40 CFR part 19, reference the applicable U.S. Code
citation on which the prohibited action is based. The following table
is shown here for informational purposes:

Table 1 of Sec.   1068.101--Legal Citation for Specific Prohibitions for
                   Determining Maximum Penalty Amounts
------------------------------------------------------------------------
                                                            U.S. Code
 Part 1068 regulatory citation  General description of    citation for
     of  prohibited action            prohibition         Clean Air Act
                                                            authority
------------------------------------------------------------------------
Sec.   1068.101 (a)(1)........  Introduction into U.S.  42 U.S.C.
                                 commerce of an          7522(a)(1) and
                                 uncertified source.     (a)(4).
Sec.   1068.101(a)(2).........  Failure to provide      42 U.S.C.
                                 information.            7522(a)(2).
Sec.   1068.101(a)(3).........  Denying access to       42 U.S.C.
                                 facilities.             7522(a)(2).
Sec.   1068.101(b)(1).........  Tampering with          42 U.S.C.
                                 emission controls by    7522(a)(3).
                                 a manufacturer or
                                 dealer.
                                Tampering with          ................
                                 emission controls by
                                 someone other than a
                                 manufacturer or
                                 dealer.
Sec.   1068.101(b)(2).........  Sale or use of a        42 U.S.C.
                                 defeat device.          7522(a)(3).
Sec.   1068.101(b)(3).........  Mobile use of a         42 U.S.C.
                                 stationary engine.      7522(a)(1) and
                                                         (a)(4).
Sec.   1068.101(b)(4).........  Noncompetitive use of   42 U.S.C.
                                 uncertified engines/    7522(a)(1) and
                                 equipment that is       (a)(4).
                                 exempted for
                                 competition.
Sec.   1068.101(b)(5).........  Importation of an       42 U.S.C.
                                 uncertified source.     7522(a)(1) and
                                                         (a)(4).
Sec.   1068.101(b)(6).........  Recall and warranty...  42 U.S.C.
                                                         7522(a)(4).
Sec.   1068.101(b)(7).........  Removing labels.......  42 U.S.C.
                                                         7522(a)(3).
------------------------------------------------------------------------

1068.103  What are the provisions related to the duration and
applicability of certificates of conformity?

    (a) Engines/equipment covered by a certificate of conformity are
limited to those that are produced during the period specified in the
certificate and conform to the specifications described in the
certificate and the associated application for certification. For
example, if the application for certification specifies certain engine
models or production facilities, the certificate does not cover any
models that are not specified and it does not cover engines/equipment
produced at production facilities that are not specified.
    (b) Unless the standard-setting part specifies otherwise, determine
the production period corresponding to each certificate of conformity
as specified in this paragraph (b). In general, the production period
is the manufacturer's annual production period identified as a model
year.
    (1) For engines/equipment subject to emission standards based on
model years, the first day of the annual production period can be no
earlier than January 2 of the calendar year preceding the year for
which the model year is named, or the earliest date of manufacture for
any engine/equipment in the engine family, whichever is later. The last
day of the annual production period can be no later than December 31 of
the calendar year for which the model year is named or the latest date
of manufacture for any engine/equipment in the engine family, whichever
is sooner.
    (2) For fuel-system components certified to evaporative emission
standards based on production periods rather than model years, the
production period is either the calendar year or a longer period we
specify consistent with the manufacturer's normal production practices.
    (c) A certificate of conformity will not cover engines/equipment
you produce with a date of manufacture earlier than the date you submit
the application for certification for the family. You may start to
produce engines/equipment after

you submit an application for certification and before the effective
date of a certificate of conformity, subject to the following
conditions:
    (1) The engines/equipment must conform in all material respects to
the engines/equipment described in your application. Note that if we
require you to modify your application, you must ensure that all
engines/equipment conform to the specifications of the modified
application.
    (2) The engines/equipment may not be sold, offered for sale,
introduced into commerce, or delivered for introduction into U.S.
commerce before the effective date of the certificate of conformity.
    (3) You must notify us in your application for certification that
you plan to use the provisions of this paragraph (c) and when you
intend to start production. If the standard-setting part specifies
mandatory testing for production-line engines, you must start testing
as directed in the standard-setting part based on your actual start of
production, even if that occurs before we approve your certification.
You must also agree to give us full opportunity to inspect and/or test
the engines/equipment during and after production. For example, we must
have the opportunity to specify selective enforcement audits as allowed
by the standard-setting part and the Clean Air Act as if the engines/
equipment were produced after the effective date of the certificate.
    (4) See Sec.  1068.262 for special provisions that apply for
secondary engine manufacturers receiving shipment of partially complete
engines before the effective date of a certificate.
    (d) Engines/equipment with a date of manufacture after December 31
of the calendar year for which a model year is named are not covered by
the certificate of conformity for that model year. You must submit an
application for a new certificate of conformity demonstrating
compliance with applicable standards even if the engines/equipment are
identical to those built before December 31.
    (e) The flexible approach to naming the annual production period
described in paragraph (b)(1) of this section is intended to allow you
to introduce new products at any point during the year. This is based
on the expectation that production periods generally run on consistent
schedules from year to year. You may not use this flexibility to
arrange your production periods such that you can avoid annual
certification.
    (f) An engine is generally assigned a model year based on its date
of manufacture, which is typically based on the date the crankshaft is
installed in the engine (see Sec.  1068.30). You may not circumvent the
provisions of Sec.  1068.101(a)(1) by stockpiling engines with a date
of manufacture before new or changed emission standards take effect by
deviating from your normal production and inventory practices. (For
purposes of this paragraph (f), normal production and inventory
practices means those practices you typically use for similar families
in years in which emission standards do not change. We may require you
to provide us routine production and inventory records that document
your normal practices for the preceding eight years.) For most engines
you should plan to complete the assembly of an engine of a given model
year within the first week after the end of the model year if new
emission standards start to apply in that model year. For special
circumstances it may be appropriate for your normal business practice
to involve more time. For engines with per-cylinder displacement below
2.5 liters, we would consider it to be a violation to complete the
assembly of an engine of a given model year more than 30 days after the
end of the model year for that engine family if new emission standards
start to apply in that year. For example, in the case where new
standards apply in the 2010 model year, and your normal production
period is based on the calendar year, you must complete the assembly of
all your 2009 model year engines before January 31, 2010, or an earlier
date consistent with your normal production and inventory practices.
For engines with per-cylinder displacement at or above 2.5 liters, this
time may not exceed 60 days. Note that for the purposes of this
paragraph (f), an engine shipped under Sec.  1068.261 is deemed to be a
complete engine. Note also that Sec.  1068.245 allows flexibility for
additional time in unusual circumstances. Note finally that disassembly