speed as described in paragraph (b)(5)(iii) of this section. At each
setpoint, stabilize speed and allow torque to stabilize. Record the
mean speed and torque at each setpoint. We recommend that you stabilize
an engine for at least 15 seconds at each setpoint and record the mean
feedback speed and torque of the last (4 to 6) seconds. Use linear
interpolation to determine intermediate speeds and torques. Use this
series of speeds and torques to generate the power map as described in
paragraph (e) of this section.
    (ii) For any variable-speed engine, you may perform an engine map
by using a continuous sweep of speed by continuing to record the mean
feedback speed and torque at 1 Hz or more frequently and increasing
speed at a constant rate such that it takes (4 to 6) min to sweep from
95% of warm idle speed to the check point speed as described in
paragraph (b)(5)(iii) of this section. Use good engineering judgment to
determine when to stop recording data to ensure that the sweep is
complete. In most cases, this means that you can stop the sweep at any
point after the power falls to 50% of the maximum value. From the
series of mean speed and maximum torque values, use linear
interpolation to determine intermediate values. Use this series of
speeds and torques to generate the power map as described in paragraph
(e) of this section.
    (iii) The check point speed of the map is the highest speed above
maximum power at which 50% of maximum power occurs. If this speed is
unsafe or unachievable (e.g., for ungoverned engines or engines that do
not operate at that point), use good engineering judgment to map up to
the maximum safe speed or maximum achievable speed. For discrete
mapping, if the engine cannot be mapped to the check point speed, make
sure the map includes at least 20 points from 95% of warm idle to the
maximum mapped speed. For continuous mapping, if the engine cannot be
mapped to the check point speed, verify that the sweep time from 95% of
warm idle to the maximum mapped speed is (4 to 6) min.
    (iv) Note that under Sec.  1065.10(c)(1) we may allow you to
disregard portions of the map when selecting maximum test speed if the
specified procedure would result in a duty cycle that does not
represent in-use operation.
* * * * *
    (d) * * *
    (5) Record at 1 Hz the mean of feedback speed and torque. Use the
dynamometer to increase torque at a constant rate. Unless the standard-
setting part specifies otherwise, complete the map such that it takes
(2 to 4) min to sweep from no-load governed speed to the speed below
maximum mapped power at which the engine develops 90% of maximum mapped
power. You may map your engine to lower speeds. Stop recording after
you complete the sweep. Use this series of speeds and torques to
generate the power map as described in paragraph (e) of this section.
* * * * *

0
297. Section 1065.514 is amended by revising paragraph (d) and Table 1
of Sec.  1065.514 to read as follows:

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

* * * * *
    (d) Omitting additional points. Besides engine cranking, you may
omit additional points from cycle-validation

statistics as described in the following table:

   Table 1 of Sec.   1065.514--Permissible Criteria for Omitting Points From Duty-Cycle Regression Statistics
----------------------------------------------------------------------------------------------------------------
  When operator demand is at its . . .         you may omit . . .                       if . . .
----------------------------------------------------------------------------------------------------------------
             For reference duty cycles that are specified in terms of speed and torque (fnref, Tref)
----------------------------------------------------------------------------------------------------------------
minimum.................................  power and torque...........  Tref < 0% (motoring).
minimum.................................  power and speed............  fnref = 0% (idle speed) and Tref = 0%
                                                                        (idle torque) and Tref - (2% [middot]
                                                                        Tmax mapped) < T < Tref + (2% [middot]
                                                                        Tmax mapped).
minimum.................................  power and either torque or   fn >fnref or T > Tref but not if fn >
                                           speed.                       (fnref [middot] 102%) and T >Tref  (2% [middot] Tmax mapped).
maximum.................................  power and either torque or   fn < fnref or T < Tref but not if fn <
                                           speed.                       (fnref [middot] 98%) and T < Tref - (2%
                                                                        [middot] Tmax mapped).
----------------------------------------------------------------------------------------------------------------
             For reference duty cycles that are specified in terms of speed and power (fnref, Pref)
----------------------------------------------------------------------------------------------------------------
minimum.................................  power and torque...........  Pref < 0% (motoring).
minimum.................................  power and speed............  fnref = 0% (idle speed) and Pref = 0%
                                                                        (idle power) and Pref - (2% [middot]
                                                                        Pmax mapped) < P < Pref + (2% [middot]
                                                                        Pmax mapped).
minimum.................................  power and either torque or   fn >fnref or P > Pref but not if fn >
                                           speed.                       (fnref [middot] 102%) and P >Pref + (2%
                                                                        [middot] Pmax mapped).
maximum.................................  power and either torque or   fn < fnref or P < Pref but not if fn <
                                           speed.                       (fnref [middot] 98%) and P < Pref - (2%
                                                                        [middot] Pmax mapped).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
298. Section 1065.520 is amended by revising paragraphs (b) and (g)
introductory text to read as follows:

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

* * * * *
    (b) Unless the standard-setting part specifies different
tolerances, verify at some point before the test that ambient
conditions are within the tolerances specified in this paragraph (b).
For purposes of this paragraph (b), ``before the test'' means any time
from a point just prior to engine starting (excluding engine restarts)
to the point at which emission sampling begins.
    (1) Ambient temperature of (20 to 30) [deg]C. See Sec.  1065.530(j)
for circumstances under which ambient temperatures must remain within
this range during the test.
    (2) Atmospheric pressure of (80.000 to 103.325) kPa and within
5 kPa of the value recorded at the time of the last engine
map. You are not required to verify atmospheric pressure prior to a hot
start test interval for testing that also includes a cold start.
    (3) Dilution air conditions as specified in Sec.  1065.140, except
in cases where you preheat your CVS before a cold start test. We
recommend verifying dilution air conditions just prior to the start of
each test interval.
* * * * *
    (g) Verify the amount of nonmethane contamination in the exhaust
and background HC sampling systems within 8 hours before the start of
the first test interval of each duty-cycle sequence for laboratory
tests. You may verify the contamination of a background HC sampling
system by reading the last bag fill and purge using zero gas. For any
NMHC measurement system that involves separately measuring methane and
subtracting it from a THC measurement, verify the amount of THC
contamination using only the THC analyzer response. There is no need to
operate any separate methane analyzer for this verification, however
you may measure and correct for THC contamination in the CH4
sample train for the cases where NMHC is determined by subtracting
CH4 from THC, using an NMC as configured in Sec.
1065.365(d), (e), and (f); and the calculations in Sec.
1065.660(b)(2). Perform this verification as follows:
* * * * *

0
299. Section 1065.530 is amended by revising paragraphs (g)(3)(iv),
(g)(4)(i), and (j) to read as follows:

Sec.  1065.530  Emission test sequence.

* * * * *
    (g) * * *
    (3) * * *
    (iv) Analyze non-conventional gaseous batch samples, such as
ethanol (NMHCE) as soon as practical using good engineering judgment.
    (4) * * *
    (i) For batch and continuous gas analyzers, record the mean
analyzer value after stabilizing a zero gas to the analyzer.
Stabilization may include time to purge the analyzer of any sample gas,
plus any additional time to account for analyzer response.
* * * * *
    (j) Measure and record ambient temperature, pressure, and humidity,
as appropriate. For testing the following engines, you must record
ambient temperature continuously to verify that it remains within the
pre-test temperature range as specified in Sec.  1065.520(b):
    (1) Air-cooled engines.
    (2) Engines equipped with auxiliary emission control devices that
sense and respond to ambient temperature.
    (3) Any other engine for which good engineering judgment indicates
this is necessary to remain consistent with Sec.  1065.10(c)(1).

0
300. Section 1065.545 is amended by revising the section heading and
removing paragraph (d) to read as follows:

Sec.  1065.545  Validation of proportional flow control for batch
sampling.

* * * * *

0
301. A new Sec.  1065.546 is added to subpart F to read as follows:

Sec.  1065.546  Validation of minimum dilution ratio for PM batch
sampling.

    Use continuous flows and/or tracer gas concentrations for transient
and ramped modal cycles to validate the minimum dilution ratios for PM
batch sampling as specified in Sec.  1065.140(e)(2) over the test
interval. You may use mode-average values instead of continuous
measurements for discrete mode steady-state duty cycles. Determine the
minimum primary and minimum overall dilution ratios using one of the
following methods (you may

use a different method for each stage of dilution):
    (a) Determine minimum dilution ratio based on molar flow data. This
involves determination of at least two of the following three
quantities: Raw exhaust flow (or previously diluted flow), dilution air
flow, and dilute exhaust flow. You may determine the raw exhaust flow
rate based on the measured intake air molar flow rate and the chemical
balance terms in Sec.  1065.655. You may alternatively estimate the
molar raw exhaust flow rate based on intake air, fuel rate
measurements, and fuel properties, consistent with good engineering
judgment.
    (b) Determine minimum dilution ratio based on tracer gas (e.g.,
CO2) concentrations in the raw (or previously diluted) and
dilute exhaust corrected for any removed water.
    (c) Use good engineering judgment to develop your own method of
determining dilution ratios.

0
302. Section 1065.550 is amended by revising paragraph (b)(2) and
adding paragraph (b)(3) to read as follows:

Sec.  1065.550  Gas analyzer range validation, drift validation, and
drift correction.

* * * * *
    (b) * * *
    (2) For standards consisting of multiple emission mass measurements
(such as NMHC + NOX or separate NO and NO2
measurements to comply with a NOX standard), the duty cycle
shall be validated for drift if you satisfy one of the following:
    (i) For each test interval of the duty cycle and for each
individual mass, the difference between the uncorrected and the
corrected brake-specific emission values over the test interval is
within 4% of the uncorrected value; or
    (ii) For the entire duty cycle the difference between the combined
(e.g. NMHC + NOX) uncorrected and combined (e.g. NMHC +
NOX) corrected composite brake-specific emissions values
over the entire duty cycle is within 4% of the uncorrected
value or the applicable emissions standard, whichever is greater.
    (3) If the test is not validated for drift, you may consider the
test results for the duty cycle to be valid only if, using good
engineering judgment, the observed drift does not affect your ability
to demonstrate compliance with the applicable emission standards. For
example, if the drift-corrected value is less than the standard by at
least two times the absolute difference between the uncorrected and
corrected values, you may consider the data to be valid for
demonstrating compliance with the applicable standard.
* * * * *

Subpart G--[Amended]

0
303. Section 1065.601 is amended by revising paragraph (b) to read as
follows:

Sec.  1065.601  Overview.

* * * * *
    (b) You may use data from multiple systems to calculate test
results for a single emission test, consistent with good engineering
judgment. You may also make multiple measurements from a single batch
sample, such as multiple weighings of a PM filter or multiple readings
from a bag sample. You may not use test results from multiple emission
tests to report emissions. We allow weighted means where appropriate.
You may discard statistical outliers, but you must report all results.
* * * * *

0
304. Section 1065.602 is amended by revising paragraphs (b), (e), and
(l)(1)(iii) to read as follows:

Sec.  1065.602  Statistics.

* * * * *
    (b) Arithmetic mean. Calculate an arithmetic mean, y, as follows:
    [GRAPHIC] [TIFF OMITTED] TR30AP10.003

Example:

N = 3
y1 = 10.60
y2 = 11.91
yN = y3 = 11.09
[GRAPHIC] [TIFF OMITTED] TR30AP10.004

y = 11.20
* * * * *
    (e) Accuracy. Determine accuracy as described in this paragraph
(e). Make multiple measurements of a standard quantity to create a set
of observed values, yi, and compare each observed value to
the known value of the standard quantity. The standard quantity may
have a single known value, such as a gas standard, or a set of known
values of negligible range, such as a known applied pressure produced
by a calibration device during repeated applications. The known value
of the standard quantity is represented by yrefi . If you
use a standard quantity with a single value, yrefi would be
constant. Calculate an accuracy value as follows:
[GRAPHIC] [TIFF OMITTED] TR30AP10.005

Example:

yref = 1800.0
N = 3
y1 = 1806.4
y2 = 1803.1
y3 = 1798.9
[GRAPHIC] [TIFF OMITTED] TR30AP10.006

[GRAPHIC] [TIFF OMITTED] TR30AP10.007

accuracy = 2.8
* * * * *
    (l) * * *
    (1) * * *
    (iii) Use your estimated values as described in the following
example calculation:

[GRAPHIC] [TIFF OMITTED] TR30AP10.008

[GRAPHIC] [TIFF OMITTED] TR30AP10.009

Example:

eNOx = 2.5 g/(kW[middot]hr)
Wref = 11.883 kW[middot]hr
MNOx = 46.0055 g/mol = 46.0055[middot]10-6 g/
[mu]mol
[Delta]tdutycycle = 20 min = 1200 s
Pref = 35.65 kW
Pfrict = 15%
Pmax = 125 kW
pmax = 300 kPa = 300000 Pa
Vdisp = 3.0 l = 0.0030 m3
fnmax = 2800 rev/min = 46.67 rev/s
Nstroke = 4 1/rev
[eta]V = 0.9
R = 8.314472 J/(mol[middot]K)
Tmax = 348.15 K
[GRAPHIC] [TIFF OMITTED] TR30AP10.010

nexhmax = 6.53 mol/s
[GRAPHIC] [TIFF OMITTED] TR30AP10.011

xexp = 189.4 [mu]mol/mol
* * * * *
0
305. Section 1065.610 is amended by revising paragraph (c)(3)
introductory text to read as follows:

Sec.  1065.610  Duty cycle generation.

* * * * *
    (c) * * *
    (3) Intermediate speed. If your normalized duty cycle specifies a
speed as ``intermediate speed,'' use your torque-versus-speed curve to
determine the speed at which maximum torque occurs. This is peak torque
speed. If maximum torque occurs in a flat region of the torque-versus-
speed curve, your peak torque speed is the midpoint between the lowest
and highest speeds at which the trace reaches the flat region. For
purposes of this paragraph (c)(3), a flat region is one in which
measured torque values are within 2.0% of the maximum recorded value.
Identify your reference intermediate speed as one of the following
values:
* * * * *

0
306. Section 1065.640 is amended as follows:
0
a. By revising paragraphs (b)(1), (b)(5), and Table 1 of Sec.
1065.640.
0
b. By revising paragraphs (c)(3), (c)(4) introductory text, and
(c)(4)(i).
0
c. By revising paragraph (c)(5), (d)(1) (including Table 4 of Sec.
1065.640), and (e)(3).

Sec.  1065.640  Flow meter calibration calculations.

* * * * *
    (b) * * *
    (1) PDP volume pumped per revolution, Vrev (m\3\/rev):
    [GRAPHIC] [TIFF OMITTED] TR30AP10.012

Example:

nref = 25.096 mol/s
R = 8.314472 J/(mol[middot]K)
Tin = 299.5 K
Pin = 98290 Pa
fnPDP = 1205.1 rev/min = 20.085 rev/s
[GRAPHIC] [TIFF OMITTED] TR30AP10.013

Vrev = 0.03166 m\3\/rev
* * * * *
    (5) The following example illustrates these calculations:

       Table 1 of Sec.   1065.640--Example of PDP Calibration Data
------------------------------------------------------------------------

------------------------------------------------------------------------
f8nPDP                                                   a1           a0
(rev/min)                                        (m\3\/min)   (m\3\/rev)
------------------------------------------------------------------------
755.0.........................................        50.43        0.056
987.6.........................................        49.86       -0.013
1254.5........................................        48.54        0.028
1401.3........................................        47.30       -0.061
------------------------------------------------------------------------

* * * * *
    (c) * * *
    (3) Calculate r as follows:
    (i) For SSV systems only, calculate rSSV using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.014

Where:
[Delta]pSSV = Differential static pressure; venturi inlet
minus venturi throat.

    (ii) For CFV systems only, calculate rCFV iteratively
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.015

    (4) You may make any of the following simplifying assumptions of
the governing equations, or you may use good engineering judgment to
develop more appropriate values for your testing:
    (i) For emission testing over the full ranges of raw exhaust,
diluted exhaust and dilution air, you may assume that

the gas mixture behaves as an ideal gas: Z = 1.
* * * * *
    (5) The following example illustrates the use of the governing
equations to calculate the discharge coefficient, Cd of an
SSV flow meter at one reference flow meter value. Note that calculating
Cd for a CFV flow meter would be similar, except that
Cf would be determined from Table 2 of this section or
calculated iteratively using values of [beta] and [gamma] as described
in paragraph (c)(2) of this section.

Example:

nref= 57.625 mol/s
    Z = 1
    Mmix = 28.7805 g/mol = 0.0287805 kg/mol
    R = 8.314472 J/(mol[middot]K)
    Tin = 298.15 K
    At = 0.01824 m\2\
    pin = 99132.0 Pa
    [gamma] = 1.399
    [beta] = 0.8
    [Delta]p = 2.312 kPa
    [GRAPHIC] [TIFF OMITTED] TR30AP10.016

    [GRAPHIC] [TIFF OMITTED] TR30AP10.017

Cf = 0.274
[GRAPHIC] [TIFF OMITTED] TR30AP10.018

Cd = 0.981

    (d) * * *
    (1) Calculate the Reynolds number, Re, for each
reference molar flow rate, using the throat diameter of the venturi,
dt. Because the dynamic viscosity, [mu], is needed to
compute Re, you may use your own fluid viscosity
model to determine [mu] for your calibration gas (usually air), using
good engineering judgment. Alternatively, you may use the Sutherland
three-coefficient viscosity model to approximate [mu], as shown in the
following sample calculation for Re:
[GRAPHIC] [TIFF OMITTED] TR30AP10.019

    Where, using the Sutherland three-coefficient viscosity model:
    [GRAPHIC] [TIFF OMITTED] TR30AP10.020

Where:

[mu] = Dynamic viscosity of calibration gas.
[mu]0 = Sutherland reference viscosity.
T0 = Sutherland reference temperature.
S = Sutherland constant.

               Table 4 of Sec.   1065.640--Sutherland Three-Coefficient Viscosity Model Parameters
----------------------------------------------------------------------------------------------------------------
                                                [mu]0           T0           S         Temp range      Pressure
                                          ------------------------------------------  within  2%   ------------
                 Gas \a\                         kg/                                      error
                                            (m[middot]s)        K            K      ----------------     kPa
                                                                                K
----------------------------------------------------------------------------------------------------------------
Air......................................  1.716[middot]1          273          111    170 to 1,900     <= 1,800
                                                      0-5
CO2......................................  1.370[middot]1          273          222    190 to 1,700     <= 3,600
                                                      0-5
H2O......................................  1.12[middot]10-         350        1,064    360 to 1,500    <= 10,000
                                                        5
O2.......................................  1.919[middot]1          273          139    190 to 2,000     <= 2,500
                                                      0-5
N2.......................................  1.663[middot]1          273          107    100 to 1,500     <= 1,600
                                                      0-5
----------------------------------------------------------------------------------------------------------------
\a\ Use tabulated parameters only for the pure gases, as listed. Do not combine parameters in calculations to
  calculate viscosities of gas mixtures.

Example:

[mu]0 = 1.716 [middot] 10-5 kg/(m[middot]s)
T0 = 273.11 K
S = 110.56 K

[GRAPHIC] [TIFF OMITTED] TR30AP10.021

[mu] = 1.837[middot]10-5 kg/(m[middot]s)
Mmix = 28.7805 g/mol
nref = 57.625 mol/s
dt = 152.4 mm
Tin = 298.15 K
[GRAPHIC] [TIFF OMITTED] TR30AP10.022

Re = 7.541[middot]10\5\

* * * * *
    (e) * * *
    (3) If the standard deviation of all the Cd values is
less than or equal to 0.3% of the mean Cd, use the mean
Cd in Eq 1065.642-6, and use the CFV only down to the lowest
r measured during calibration using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.023

Where:
[Delta]pCFV = Differential static pressure; venturi inlet
minus venturi outlet.

* * * * *

0
307. Section 1065.642 is revised to read as follows:

Sec.  1065.642  SSV, CFV, and PDP molar flow rate calculations.

    This section describes the equations for calculating molar flow
rates from various flow meters. After you calibrate a flow meter
according to Sec.  1065.640, use the calculations described in this
section to calculate flow during an emission test.
    (a) PDP molar flow rate. Based upon the speed at which you operate
the PDP for a test interval, select the corresponding slope,
a1, and intercept, a0, as calculated in Sec.
1065.640, to calculate molar flow rate, n as follows:
[GRAPHIC] [TIFF OMITTED] TR30AP10.024

Where:
[GRAPHIC] [TIFF OMITTED] TR30AP10.025

Example:

a1 = 50.43 (m\3\/min) = 0.8405 (m\3\/s)
fnPDP = 755.0 rev/min = 12.58 rev/s
pout = 99950 Pa
pin = 98575 Pa
a0 = 0.056 (m\3\/rev)
R = 8.314472 J/(mol[middot]K)
Tin = 323.5 K
Cp = 1000 (J/m\3\)/kPa
Ct = 60 s/min
[GRAPHIC] [TIFF OMITTED] TR30AP10.026

Vrev = 0.06383 m\3\/rev
[GRAPHIC] [TIFF OMITTED] TR30AP10.027

n = 29.428 mol/s

    (b) SSV molar flow rate. Based on the Cd versus
Re equation you determined according to Sec.
1065.640, calculate SSV molar flow rate, n during an emission test as
follows:
[GRAPHIC] [TIFF OMITTED] TR30AP10.028

Example:

At = 0.01824 m\2\
pin = 99132 Pa
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol\.\K)
Tin = 298.15 K
Re = 7.232\.\10\5\
[gamma] = 1.399
[beta] = 0.8
[Delta]p = 2.312 kPa
Using Eq. 1065.640-7,
rssv = 0.997
Using Eq. 1065.640-6,
Cf = 0.274
Using Eq. 1065.640-5,
Cd = 0.990
[GRAPHIC] [TIFF OMITTED] TR30AP10.029

n = 58.173 mol/s

    (c) CFV molar flow rate. Some CFV flow meters consist of a single
venturi and some consist of multiple venturis, where different
combinations of venturis are used to meter different flow rates. If you
use multiple venturis and you calibrated each venturi independently to
determine a separate discharge coefficient, Cd, for each
venturi, calculate the individual molar flow rates through each venturi
and sum all their flow rates to determine n. If you use multiple
venturis and you calibrated each combination of venturis, calculate n
using the sum of the active venturi throat areas as At, the
sum of the active venturi throat diameters as dt, and the
ratio of venturi throat to inlet diameters as the ratio of the sum of
the active venturi throat diameters to the diameter of the common
entrance to all of the venturis. To calculate the molar flow rate
through one venturi or one combination of venturis, use its respective
mean Cd and other constants you determined according to
Sec.  1065.640 and calculate its molar flow rate n during an emission
test, as follows:

[GRAPHIC] [TIFF OMITTED] TR30AP10.030

Example:

Cd = 0.985
Cf = 0.7219
At = 0.00456 m\2\
pin = 98836 Pa
Z = 1
Mmix = 28.7805 g/mol = 0.0287805 kg/mol
R = 8.314472 J/(mol\.\K)
Tin = 378.15 K
[GRAPHIC] [TIFF OMITTED] TR30AP10.031

n = 33.690 mol/s

0
308. Section 1065.645 is amended by revising paragraphs (a)(2), (b),
and (c) to read as follows:

Sec.  1065.645  Amount of water in an ideal gas.

* * * * *
    (a) * * *
    (2) For humidity measurements over ice at ambient temperatures from
(-100 to 0) [deg]C, use the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.032

Example:

Tice = -15.4 [deg]C
Tice = -15.4 + 273.15 = 257.75 K
[GRAPHIC] [TIFF OMITTED] TR30AP10.033

log10(pH20) = -0.798207
pH20 = 10 \0.79821\ = 0.159145 kPa

    (b) Dewpoint. If you measure humidity as a dewpoint, determine the
amount of water in an ideal gas, xH20, as follows:
[GRAPHIC] [TIFF OMITTED] TR30AP10.034

Where:
xH20 = amount of water in an ideal gas.
pH20 = 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,
pH20 = 1.186581 kPa
xH2O = 1.186581/99.980
xH2O = 0.011868 mol/mol

    (c) Relative humidity. If you measure humidity as a relative
humidity, RH%, determine the amount of water in an ideal gas,
xH2O, as follows:
[GRAPHIC] [TIFF OMITTED] TR30AP10.035

Where:
xH20 = amount of water in an ideal gas.
RH% = relative humidity.
pH20 = water vapor pressure at 100% relative humidity at
the location of your relative humidity measurement, Tsat
= Tamb.
pabs = wet static absolute pressure at the location of
your relative humidity measurement.
Example:

RH% = 50.77%
pabs = 99.980 kPa
Tsat = Tamb = 20 [deg]C
Using Eq. 1065.645-1,
pH20 = 2.3371 kPa
xH2O = (50.77% [middot] 2.3371)/99.980
xH2O = 0.011868 mol/mol

0
309. Section 1065.650 is amended by revising paragraphs (a), (b), (c)
introductory text, (d) introductory text, (d)(7), (e)(2), (f)(4), (g),
and (h) to read as follows:

Sec.  1065.650  Emission calculations.

    (a) General. Calculate brake-specific emissions over each
applicable duty cycle or test interval. For test intervals with zero
work (or power), calculate the emission mass (or mass rate), but do not
calculate brake-specific emissions. For duty cycles with multiple test
intervals, refer to the standard-setting part for calculations you need
to determine a composite result, such as a calculation that weights and
sums the results of individual test intervals in a duty cycle. If the
standard-setting part does not include those calculations, use the
equations in paragraph (g) of this section. This section is written
based on rectangular integration, where each indexed value (i.e.,
``i'') represents (or approximates) the mean value of the
parameter for its respective time interval, delta-t. You may also
integrate continuous signals using trapezoidal integration consistent
with good engineering judgment.
    (b) Brake-specific emissions over a test interval. We specify three
alternative ways to calculate brake-specific emissions over a test
interval, as follows:
    (1) For any testing, you may calculate the total mass of emissions,
as described in paragraph (c) of this section, and divide it by the
total work generated over the test interval, as described in paragraph
(d) of this section, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.036

Example:

mNOx = 64.975 g
W = 25.783 kW[middot]hr
eNOx = 64.975/25.783
eNOx = 2.520 g/(kW[middot]hr)

    (2) For discrete-mode steady-state testing, you may calculate the
brake-specific emissions over a test interval

using the ratio of emission mass rate to power, as described in
paragraph (e) of this section, using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.037

    (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. Good
engineering judgment dictates that this method not be used if there are
any work flow paths described in Sec.  1065.210 that cross the system
boundary, other than the primary output shaft (crankshaft). This is a
special case in which you use a signal linearly 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] TR30AP10.038

Example:

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

    (c) Total mass of emissions over a test interval. To calculate the
total mass of an emission, multiply a concentration by its respective
flow. For all systems, make preliminary calculations as described in
paragraph (c)(1) of this section, then use the method in paragraphs
(c)(2) through (4) of this section that is appropriate for your system.
Calculate the total mass of emissions as follows:
* * * * *
    (d) Total work over a test interval. To calculate the total work
from the engine over a test interval, add the total work from all the
work paths described in Sec.  1065.210 that cross the system boundary
including electrical energy/work, mechanical shaft work, and fluid
pumping work. For all work paths, except the engine's primary output
shaft (crankshaft), the total work for the path over the test interval
is the integration of the net work flow rate (power) out of the system
boundary. When energy/work flows into the system boundary, this work
flow rate signal becomes negative; in this case, include these negative
work rate values in the integration to calculate total work from that
work path. Some work paths may result in a negative total work. Include
negative total work values from any work path in the calculated total
work from the engine rather than setting the values to zero. The rest
of this paragraph (d) describes how to calculate total work from the
engine's primary output shaft over a test interval. Before integrating
power on the engine's primary output shaft, adjust the speed and torque
data for the time alignment used in Sec.  1065.514(c). Any advance or
delay used on the feedback signals for cycle validation must also be
used for calculating work. Account for work of accessories according to
Sec.  1065.110. Exclude any work during cranking and starting. Exclude
work during actual motoring operation (negative feedback torques),
unless the engine was connected to one or more energy storage devices.
Examples of such energy storage devices include hybrid powertrain
batteries and hydraulic accumulators, like the ones illustrated in
Figure 1 of Sec.  1065.210. Exclude any work during reference zero-load
idle periods (0% speed or idle speed with 0 N[middot]m reference
torque). Note, that there must be two consecutive reference zero load
idle points to establish a period where this applies. Include work
during idle points with simulated minimum torque such as Curb Idle
Transmissions Torque (CITT) for automatic transmissions in ``drive''.
The work calculation method described in paragraphs (b)(1) through (7)
of this section meets these requirements using rectangular integration.
You may use other logic that gives equivalent results. For example, you
may use a trapezoidal integration method as described in paragraph
(b)(8) of this section.
* * * * *
    (7) Integrate the resulting values for power over the test
interval. Calculate total work as follows:
[GRAPHIC] [TIFF OMITTED] TR30AP10.039

Where:

W = total work from the primary output shaft
Pi = instantaneous power from the primary output shaft
over an interval i.

[GRAPHIC] [TIFF OMITTED] TR30AP10.040

Example:

N = 9000
fn1 = 1800.2 rev/min
fn2 = 1805.8 rev/min
T1 = 177.23 N\.\m
T2 = 175.00 N\.\m
Crev = 2[middot][pi] rad/rev
Ct1 = 60 s/min
Cp = 1000 (N[middot]m[middot]rad/s)/kW
frecord = 5 Hz
Ct2 = 3600 s/hr
[GRAPHIC] [TIFF OMITTED] TR30AP10.041

P1 = 33.41 kW
P2 = 33.09 kW
Using Eq. 1065.650-5,
[Delta]t = \1/5\ = 0.2 s
[GRAPHIC] [TIFF OMITTED] TR30AP10.042

W = 16.875 kW[middot]hr

* * * * *
    (e) * * *
    (2) To calculate an engine's mean steady-state total power, P, add
the mean steady-state power from all the work paths described in Sec.
1065.210 that cross the system boundary including electrical power,
mechanical shaft power, and fluid pumping power. For all work paths,
except the engine's primary output shaft (crankshaft), the mean steady-
state power over the test interval is the integration of the net work
flow rate (power) out of the system boundary divided by the period of
the test interval. When power flows into the system boundary, the
power/work flow rate signal becomes negative; in this case, include
these negative power/work rate values in the integration to calculate
the mean power from that work path. Some work paths may result in a
negative mean power. Include negative mean power values from any work
path in the mean total power from the engine rather than setting these
values to zero. The rest of this paragraph (e)(2) describes how to
calculate the mean power from the engine's primary output shaft.
Calculate P using Equation 1065.650-13, noting that P, fnrecord = 5 Hz
efuel = 285 g/(kW[middot]hr)
wfuel = 0.869 g/g
Mc = 12.0107 g/mol
n1= 3.922 ~mol/s = 14119.2 mol/hr
xCcombdry1 = 91.634 mmol/mol = 0.091634 mol/mol
xH2Oexh1 = 27.21 mmol/mol = 0.02721 mol/mol
Using Eq. 1065.650-5,
[Delta]t = 0.2 s
[GRAPHIC] [TIFF OMITTED] TR30AP10.044

W= 5.09 (kW[middot]hr)

    (g) Brake-specific emissions over a duty cycle with multiple test
intervals. The standard-setting part may specify a duty cycle with
multiple test intervals, such as with discrete-mode steady-state
testing. Unless we specify otherwise, calculate composite brake-
specific emissions over the duty cycle as described in this paragraph
(g). If a measured mass (or mass rate) is negative, set it to zero for
calculating composite brake-specific emissions, but leave it unchanged
for drift validation. In the case of calculating composite brake-
specific emissions relative to a combined emission standard (such as a
NOX + NMHC standard), change any negative mass (or mass
rate) values to zero for a particular pollutant before combining the
values for the different pollutants.
    (1) Use the following equation to calculate composite brake-
specific emissions for duty cycles with multiple test intervals all
with prescribed durations, such as cold-start and hot-start transient
cycles:
[GRAPHIC] [TIFF OMITTED] TR30AP10.045

Where:

i = test interval number.
N = number of test intervals.
WF = weighting factor for the test interval as defined in the
standard-setting part.
m = mass of emissions over the test interval as determined in
paragraph (c) of this section.
W = total work from the engine over the test interval as determined
in paragraph (d) of this section.
Example:

N = 2
WF1 = 0.1428
WF2 = 0.8572
m1 = 70.125 g
m2 = 64.975 g
W1 = 25.783 kW[middot]hr
W2 = 25.783 kW[middot]hr
[GRAPHIC] [TIFF OMITTED] TR30AP10.046

eNOxcomposite = 2.548 g/kW[middot]hr

    (2) Calculate composite brake-specific emissions for duty cycles
with multiple test intervals that allow use of varying duration, such
as discrete-mode steady-state duty cycles, as follows:
    (i) Use the following equation if you calculate brake-specific
emissions over test intervals based on total mass and total work as
described in paragraph (b)(1) of this section:
[GRAPHIC] [TIFF OMITTED] TR30AP10.047

Where:

i = test interval number.
N = number of test intervals.
WF = weighting factor for the test interval as defined in the
standard-setting part.
m = mass of emissions over the test interval as determined in
paragraph (c) of this section.

W = total work from the engine over the test interval as determined
in paragraph (d) of this section.
t = duration of the test interval.
Example:

N = 2
WF1 = 0.85
WF2 = 0.15
m1 = 1.3753 g
m2 = 0.4135 g
t1 = 120 s
t2 = 200 s
W1 = 2.8375 kW[middot]hr
W2 = 0.0 kW[middot]hr
[GRAPHIC] [TIFF OMITTED] TR30AP10.048

eNOxcomposite = 0.5001 g/kW[middot]hr

    (ii) Use the following equation if you calculate brake-specific
emissions over test intervals based on the ratio of mass rate to power
as described in paragraph (b)(2) of this section:
[GRAPHIC] [TIFF OMITTED] TR30AP10.049

Where:

i = test interval number.
N = number of test intervals.
WF = weighting factor for the test interval as defined in the
standard-setting part.
 m= mean steady-state mass rate of emissions over the test interval
as determined in paragraph (e) of this section.
 P is the mean steady-state power over the test interval as
described in paragraph (e) of this section.

Example:
N = 2
WF1 = 0.85
WF2 = 0.15
m1 = 2.25842 g/hr
m2 = 0.063443 g/hr
P1= 4.5383 kW
P2= 0.0 kW
[GRAPHIC] [TIFF OMITTED] TR30AP10.050

eNOxcomposite = 0.5001 g/kW[middot]hr

    (h) Rounding. Round the final brake-specific emission values to be
compared to the applicable standard only after all calculations are
complete (including any drift correction, applicable deterioration
factors, adjustment factors, and allowances) 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
310. Section 1065.655 is amended by revising paragraphs (c), (d), Table
1 of Sec.  1065.655, and paragraph (e)(3) 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], oxygen-to-carbon ratio, [beta], sulfur-to-
carbon ratio, [gamma], and nitrogen-to-carbon ratio, [delta]. You may
measure [alpha], [beta], [gamma], and [delta] 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 x, H2OxNOmeas, 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(e)(2).
xH2Oint = amount of water in the intake air, based on a
humidity measurement of intake air.nb
[alpha] = atomic hydrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
[beta] = atomic oxygen-to-carbon ratio of the mixture of fuel(s) being
combusted, weighted by molar consumption.
[gamma] = atomic sulfur-to-carbon ratio of the mixture of fuel(s) being
combusted, weighted by molar consumption.
[delta] = atomic nitrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.

    (4) Use the following equations to iteratively solve for
xdil/exh, xH2Oexh, and xCcombdry:
[GRAPHIC] [TIFF OMITTED] TR30AP10.051

[GRAPHIC] [TIFF OMITTED] TR30AP10.052

[GRAPHIC] [TIFF OMITTED] TR30AP10.053

[GRAPHIC] [TIFF OMITTED] TR30AP10.054

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[GRAPHIC] [TIFF OMITTED] TR30AP10.065

[GRAPHIC] [TIFF OMITTED] TR30AP10.066

[GRAPHIC] [TIFF OMITTED] TR30AP10.067

[GRAPHIC] [TIFF OMITTED] TR30AP10.068

    (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] TR30AP10.069

[GRAPHIC] [TIFF OMITTED] TR30AP10.070

[GRAPHIC] [TIFF OMITTED] TR30AP10.071

[GRAPHIC] [TIFF OMITTED] TR30AP10.072

[GRAPHIC] [TIFF OMITTED] TR30AP10.073

[GRAPHIC] [TIFF OMITTED] TR30AP10.074

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[GRAPHIC] [TIFF OMITTED] TR30AP10.076

[GRAPHIC] [TIFF OMITTED] TR30AP10.077

[GRAPHIC] [TIFF OMITTED] TR30AP10.078

[GRAPHIC] [TIFF OMITTED] TR30AP10.079

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[GRAPHIC] [TIFF OMITTED] TR30AP10.081

[GRAPHIC] [TIFF OMITTED] TR30AP10.082

[GRAPHIC] [TIFF OMITTED] TR30AP10.083

[GRAPHIC] [TIFF OMITTED] TR30AP10.084

[GRAPHIC] [TIFF OMITTED] TR30AP10.085

[GRAPHIC] [TIFF OMITTED] TR30AP10.086

[alpha] = 1.8
[beta] = 0.05
[gamma] = 0.0003
[delta] = 0.0001

    (d) Carbon mass fraction. Determine carbon mass fraction of fuel,
wc, using one of the following methods:
    (1) You may calculate wc as described in this paragraph
(d)(1) based on measured fuel properties. To do so, you must determine
values for [alpha] and [beta] in all cases, but you may set [gamma] and
[delta] to zero if the default value listed in Table 1 of this section
is zero. Calculate wc using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.087

Where:
wC, = carbon mass fraction of fuel.
MC = molar mass of carbon.
[alpha] = atomic hydrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MH = molar mass of hydrogen.
[beta] = atomic oxygen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MO = molar mass of oxygen.
[gamma] = atomic sulfur-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MS = molar mass of sulfur.
[delta] = atomic nitrogen-to-carbon ratio of the mixture of fuel(s)
being combusted, weighted by molar consumption.
MN = molar mass of nitrogen.
Example:

[alpha] = 1.8
[beta] = 0.05
[gamma] = 0.0003
[delta] = 0.0001
MC = 12.0107
MH = 1.01
MO = 15.9994
MS = 32.065
MN = 14.0067
[GRAPHIC] [TIFF OMITTED] TR30AP10.088

wC, = 0.8205

    (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], [gamma],
                   [delta], and wc, for Various Fuels
------------------------------------------------------------------------

------------------------------------------------------------------------
Fuel                               Atomic hydrogen,          Carbon mass
                                    oxygen, sulfur, and.    fraction, wc
                                   nitrogen-to-carbon               g/g.
                                    ratios.
                                   CH[alpha]O[beta]S[gam
                                    ma]N[delta].
------------------------------------------------------------------------
Gasoline.........................  CH1.85O0S0N0.........           0.866
2 Diesel................  CH1.80O0S0N0.........           0.869
1 Diesel................  CH1.93O0S0N0.........           0.861
Liquefied Petroleum Gas..........  CH2.64O0S0N0.........           0.819
Natural gas......................  CH3.78O0.016S0N0.....           0.747
Ethanol..........................  CH3O0.5S0N0..........           0.521
Methanol.........................  CH4O1S0N0............           0.375
------------------------------------------------------------------------
Residual fuel blends.............   Must be determined by measured fuel
                                    properties as described in paragraph
                                           (d)(1) of this section.
------------------------------------------------------------------------

    (e) * * *
    (3) Fuel mass flow rate calculation. Based on mfuel,
calculate nexh as follows:
[GRAPHIC] [TIFF OMITTED] TR30AP10.089

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] TR30AP10.090

nexh= 6.066 mol/s

0
311. Section 1065.667 is amended by revising paragraphs (d) and (e) to
read as follows:

Sec.  1065.667  Dilution air background emission correction.

* * * * *
    (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] TR30AP10.091

[GRAPHIC] [TIFF OMITTED] TR30AP10.092

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 mol/mol
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] TR30AP10.093

[GRAPHIC] [TIFF OMITTED] TR30AP10.094

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 mol/mol
mbkgndNOxdexh =
36.0055[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
312. Section 1065.670 is revised to read as follows:

Sec.  1065.670  NOX intake-air humidity and temperature corrections.

    See the standard-setting part to determine if you may correct
NOX emissions for the effects of intake-air humidity or
temperature. Use the NOX intake-air humidity and temperature
corrections specified in the standard-setting part instead of the
NOX intake-air humidity correction specified in this part
1065. If the standard-setting part does not prohibit correcting
NOX emissions for intake-air humidity according to this part
1065, first apply any NOX corrections for background
emissions and water removal from the exhaust sample, then correct
NOX concentrations for intake-air humidity. You may use a
time-weighted mean combustion air humidity to calculate this correction
if your combustion air humidity remains within a tolerance of 0.0025 mol/mol of the mean value over the test interval. For
intake-air humidity correction, use one of the following approaches:
    (a) For compression-ignition engines, correct for intake-air
humidity using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.095

Example:

xNOxuncor = 700.5 [mu]mol/mol
xH2O = 0.022 mol/mol
xNOxcor = 700.5 [middot] (9.953 [middot] 0.022 + 0.832)
xNOxcor = 736.2 [micro]mol/mol

    (b) For spark-ignition engines, correct for intake-air humidity
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR30AP10.096

Example:

xNOxuncor = 154.7 [mu]mol/mol
xH2O = 0.022 mol/mol
xNOxcor = 154.7 [middot] (18.840 [middot] 0.022 +
0.68094)
xNOxcor = 169.5 [mu]mol/mol

    (c) Develop your own correction, based on good engineering
judgment.

0
313. Section 1065.672 is amended by revising paragraph (d)(7) to read
as follows:

Sec.  1065.672  Drift correction.

* * * * *
    (d) * * *
    (7) Usually the reference concentration of the zero gas,
xrefzero, is zero: xrefzero = 0 [micro]mol/mol.
However, in some cases you might know that xrefzero has a
non-zero concentration. For example, if you zero a CO2
analyzer using ambient air, you may use the default ambient air
concentration of CO2, which is 375 [mu]mol/mol. In this
case, xrefzero = 375 [mu]mol/mol. Note that when you zero an
analyzer using a non-zero xrefzero, you must set the
analyzer to output the actual xrefzero concentration. For
example, if xrefzero = 375 [mu]mol/mol, set the analyzer to
output a value of 375 [mu]mol/mol when the zero gas is flowing to the
analyzer.

0
314. Section 1065.690 is amended by revising paragraphs (c) and (e) to
read as follows:

Sec.  1065.690  Buoyancy correction for PM sample media.

* * * * *
    (c) Air density. Because a PM balance environment must be tightly
controlled to an ambient temperature of (22 1) [deg]C and
humidity has an insignificant effect on buoyancy correction, air
density is primarily a function of atmospheric pressure. Therefore you
may use nominal constant values for temperature and humidity in the
buoyancy correction equation in Eq. 1065.690-2.
* * * * *
    (e) Correction calculation. Correct the PM sample media for
buoyancy using the following equations:
[GRAPHIC] [TIFF OMITTED] TR30AP10.097

Where:

mcor = PM mass corrected for buoyancy.
muncor = PM mass uncorrected for buoyancy.
[rho]air = density of air in balance environment.

[rho]weight = density of calibration weight used to span
balance.
[rho]media = density of PM sample media, such as a
filter.
[GRAPHIC] [TIFF OMITTED] TR30AP10.098

Where:
pabs = absolute pressure in balance environment.
Mmix = molar mass of air in balance environment.
R = molar gas constant.
Tamb = absolute ambient temperature of balance
environment.

Example:

pabs = 99.980 kPa
Tsat = Tdew = 9.5 [deg]C
Using Eq. 1065.645-1,
pH20 = 1.1866 kPa
Using Eq. 1065.645-3,
xH2O = 0.011868 mol/mol
Using Eq. 1065.640-9,
Mmix = 28.83563 g/mol
R = 8.314472 J/(mol\.\K)
Tamb = 20 [deg]C
[GRAPHIC] [TIFF OMITTED] TR30AP10.099

[rho]air = 1.18282 kg/m\3\
muncorr = 100.0000 mg
[rho]weight = 8000 kg/m\3\
[rho]media = 920 kg/m\3\
[GRAPHIC] [TIFF OMITTED] TR30AP10.100

mcor = 100.1139 mg

Subpart H-- [Amended]

0
315. Section 1065.701 is amended by revising paragraph (f) and Table 1
of Sec.  1065.701 to read as follows:

Sec.  1065.701  General requirements for test fuels.

* * * * *
    (f) Service accumulation and field testing fuels. If we do not
specify a service-accumulation or field-testing fuel in the standard-
setting part, use an appropriate commercially available fuel such as
those meeting minimum specifications from the following table:

 Table 1 of Sec.   1065.701--Examples of Service-accumulation and Field-
                              testing Fuels
------------------------------------------------------------------------
                                                     Reference procedure
        Fuel category              Subcategory               \1\
------------------------------------------------------------------------
                              Light distillate and  ASTM D975-07b.
                               light blends with
                               residual.
Diesel......................  Middle distillate...  ASTM D6985-04a.
                              Biodiesel (B100)....  ASTM D6751-07b.
Intermediate and residual     All.................  See Sec.   1065.705.
 fuel.
Gasoline....................  Motor vehicle         ASTM D4814-07a.
                               gasoline.
                              Minor oxygenated      ASTM D4814-07a.
                               gasoline blends.
Alcohol.....................  Ethanol (Ed75-85)...  ASTM D5798-07.
                              Methanol (M70-M85)..  ASTM D5797-07.
Aviation fuel...............  Aviation gasoline...  ASTM D910-07.
                              Gas turbine.........  ASTM D1655-07e01.
                              Jet B wide cut......  ASTM D6615-06.
Gas turbine fuel............  General.............  ASTM D2880-03l.
------------------------------------------------------------------------
 \1\ASTM specifications are incorporated by reference in Sec.
  1065.1010.

0
316. Section 1065.703 is amended by revising Table 1 of Sec.  1065.703
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 procedure
             Item                     Units           sulfur     Low sulfur  High sulfur            \1\
----------------------------------------------------------------------------------------------------------------
Cetane Number.................  .................        40-50        40-50        40-50  ASTM D613-05.
----------------------------------------------------------------------------------------------------------------
Distillation range:
Initial boiling point.........  [deg]C...........      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     800-2500  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 I--[Amended]

0
317. Section 1065.845 is amended by revising paragraph (b) to read as
follows:

Sec.  1065.845  Response factor determination.

* * * * *
    (b) Alcohol/carbonyl calibration gases must remain within 2% of the labeled concentration. You must demonstrate the
stability based on a quarterly measurement procedure with a precision
of 2% percent or another method that we approve. Your
measurement procedure may incorporate multiple measurements. If the
true concentration of the gas changes deviates by more than 2%, but less than 10%, the gas may be relabeled with
the new concentration.

Subpart J-- [Amended]

0
318. Section 1065.910 is amended by revising paragraphs (a)(3) and (c)
to read as follows:

Sec.  1065.910  PEMS auxiliary equipment for field testing.

* * * * *
    (a) * * *
    (3) Flow restriction. Use flow meters, connectors, and tubing that
do not increase flow restriction so much that it exceeds the
manufacturer's maximum specified value. You may verify this at the
maximum exhaust flow rate by measuring pressure at the manufacturer-
specified location with your system connected. You may also perform an
engineering analysis to verify an acceptable configuration, taking into
account the maximum exhaust flow rate expected, the field test system's
flexible connectors, and the tubing's characteristics for pressure
drops versus flow.
* * * * *
    (c) Use mounting hardware as required for securing flexible
connectors, ambient sensors, and other equipment. Use structurally
sound mounting points such as vehicle frames, trailer hitch receivers,
walk spaces, and payload tie-down fittings. We recommend mounting
hardware such as clamps, suction cups, and magnets that are
specifically designed for your application. We also recommend
considering mounting hardware such as commercially available bicycle
racks, trailer hitches, and luggage racks where applicable.
* * * * *

Subpart K--[Amended]

0
319. Section 1065.1001 is amended by revising the definitions for
``Duty cycle'' and ``Percent'' to read as follows:

Sec.  1065.1001  Definitions.

* * * * *
    Duty cycle means one of the following:
    (1) A series of speed and torque values (or power values) that an
engine must follow during a laboratory test. Duty cycles are specified
in the standard-setting part. A single duty cycle may consist of one or
more test intervals. A series of speed and torque values meeting the
definition of this paragraph (1) may also be considered a test cycle.
For example, a duty cycle may be a ramped-modal cycle, which has one
test interval; a cold-start plus hot-start transient cycle, which has
two test intervals; or a discrete-mode cycle, which has one test
interval for each mode.
    (2) A set of weighting factors and the corresponding speed and
torque values, where the weighting factors are used to combine the
results of multiple test intervals into a composite result.
* * * * *
    Percent (%) means a representation of exactly 0.01 (with infinite
precision). Significant digits for the product of % and another value,
or the expression of any other value as a percentage, are defined as
follows:
    (1) Where we specify some percentage of a total value, the
calculated value has the same number of significant digits as the total
value. The specified percentage by which the total value is multiplied
has infinite precision. Note that not all displayed or recorded digits
are significant. For example, 2% of a span value where the span value
is 101.3302 is 2.026604. However, where the span value has limited
precision such that only one digit to the right of the decimal is
significant (i.e., the actual value is 101.3), 2% of the span value is
2.026.
    (2) In other cases, determine the number of significant digits
using the same method as you would use for determining the number of
significant digits of any calculated value. For example, a calculated
value of 0.321, where all three digits are significant, is equivalent
to 32.1%.
* * * * *

PART 1068--GENERAL COMPLIANCE PROVISIONS FOR ENGINE PROGRAMS

0
320. The authority citation for part 1068 continues to read as follows:

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

0
321. The heading for part 1068 is revised as set forth above.

Subpart A--[Amended]

0
322. Section 1068.1 is amended by revising paragraphs (a)(4), (b)(4),
(b)(8), and (d)(1) to read as follows:

Sec.  1068.1  Does this part apply to me?

    (a) * * *
    (4) Marine compression-ignition engines we regulate under 40 CFR
part 1042.
* * * * *
    (b) * * *
    (4) Land-based nonroad compression-ignition engines we regulate
under 40 CFR part 89.
* * * * *
    (8) Marine compression-ignition engines we regulate under 40 CFR
parts 89 or 94.
* * * * *
    (d) * * *
    (1) The provisions of Sec. Sec.  1068.30 and 1068.310 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.
* * * * *

0
323. Section 1068.25 is amended by adding paragraph (c) to read as
follows:

Sec.  1068.25  What information must I give to EPA?

* * * * *
    (c) You are responsible for statements and information in your
applications for certification or any other requests or reports. If you
provide statements or information to someone for submission to EPA, you
are responsible for these statements and information as if you had
submitted them to EPA yourself. For example, knowingly submitting

false information to someone else for inclusion in an application for
certification would be deemed to be a submission of false information
to the U.S. government in violation of 18 U.S.C. 1001.

0
324. Section 1068.30 is amended as follows:
0
a. By revising the introductory text of the definition for ``Engine''.
0
b. By adding a definition for ``Engine configuration'' in alphabetical
order.
0
c. By adding a definition for ``Gas turbine engine'' in alphabetical
order.
0
d. By revising the definition for ``Ultimate purchaser''.

Sec.  1068.30  What definitions apply to this part?

* * * * *
    Engine means an engine block with an installed crankshaft, or a gas
turbine engine. The term engine does not include engine blocks without
an installed crankshaft, nor does it include any assembly of
reciprocating 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:
* * * * *
    Engine configuration means a unique combination of engine hardware
and calibration within an engine family. Engines within a single engine
configuration differ only with respect to normal production variability
or factors unrelated to emissions.
* * * * *
    Gas turbine engine means anything commercially known as a gas
turbine engine or any collection of assembled engine components that is
substantially similar to engines commercially known as gas turbine
engines. For example, a jet engine is a gas turbine engine. Gas turbine
engines may be complete or partially complete. Turbines that rely on
external combustion such as steam engines are not gas turbine engines.
* * * * *
    Ultimate purchaser means the first person who in good faith
purchases a new engine or new piece of equipment for purposes other
than resale.
* * * * *

0
325. Section 1068.31 is amended by revising paragraph (d) to read as
follows:

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

* * * * *
    (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. 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 stationary engine after it is no longer new. For example, see
40 CFR 60.4219 and 60.4248.
* * * * *

0
326. Section 1068.40 is revised to read as follows:

Sec.  1068.40  What special provisions apply for implementing changes
in the regulations?

    (a) 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 paragraph (a) from new requirements that
apply under the standard-setting part.
    (b) During the 60 days following the effective date of any change
in the provisions of this part, you may use the previously applicable
provisions without request if they meet either of the following
criteria:
    (1) The new provisions require you to redesign your engines/
equipment, modify your engine/equipment labels, or change your
production procedures.
    (2) The new provisions change what you must include in an
application for certification that you submit before the end of this
60-day period. You are not required to amend such applications to
comply with the new provisions for that model year; however, this
allowance does not apply for later model years, even if you certify an
engine family using carryover emission data. This allowance does not
affect your obligation to provide information that we request separate
from an application for certification.
    (c) Prior to the dates listed you may comply with earlier versions
of applicable regulations as follows:
    (1) Prior to June 1, 2010, you may comply with the provisions of
Sec.  1068.240 that were in effect on April 30, 2010.
    (2) [Reserved]

0
327. Section 1068.45 is amended by revising paragraph (c) introductory
text to read as follows:

Sec.  1068.45  General labeling provisions.

* * * * *
    (c) Labels on packaging. Unless we specify otherwise, where we
require engine/equipment labels that may be removable, you may instead
label the packaging if the engines/equipment are packaged together as
described in this paragraph (c). 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:
* * * * *
0
328. Section 1068.101 is revised to read as follows:

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 apply as of January 12, 2009. As
described in paragraph (h) of this section, these maximum penalty
limits are different for earlier violations and they may be adjusted as
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 $37,500 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 $37,500
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 $37,500 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 $37,500 for
each engine or piece of equipment in violation. For anyone else, we may
assess a civil penalty up to $3,750 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 $3,750 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
$37,500 for each engine or piece of equipment 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 $37,500 for each engine or piece of
equipment 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 $37,500 for each engine or piece of equipment 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 $37,500 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 apply as of January 12, 2009. Maximum penalty values for
earlier violations are published in 40 CFR part 19. Maximum penalty
limits may be adjusted after January 12, 2009 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
------------------------------------------------------------------------
    Part 1068 regulatory                             U.S. Code citation
   citation of prohibited      General description    for Clean Air Act
           action                of prohibition           authority
------------------------------------------------------------------------
Sec.   1068.101(a)(1).......  Introduction into     42 U.S.C. 7522(a)(1)
                               U.S. commerce of an   and (a)(4).
                               uncertified source.
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     7522(a)(3).
                               by 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. 7522(a)(1)
                               stationary engine.    and (a)(4).
Sec.   1068.101(b)(4).......  Noncompetitive use    42 U.S.C. 7522(a)(1)
                               of uncertified        and (a)(4).
                               engines/equipment
                               that is exempted
                               for competition.
Sec.   1068.101(b)(5).......  Importation of an     42 U.S.C. 7522(a)(1)
                               uncertified source.   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).
------------------------------------------------------------------------

0
329. Section 1068.103 is amended by revising paragraph (a) to read as
follows:

Sec.  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 the
purposes of this paragraph (a), ``specifications'' includes any
conditions or limitations identified by the manufacturer or EPA. For
example, if the application for certification specifies certain engine
configurations, the certificate does not cover any configurations that
are not specified. We may ignore any information provided in the
application that we determine is not relevant to a demonstration of
compliance with applicable regulations,

such as your projected production volumes in many cases.
* * * * *

0
330. Section 1068.105 is amended by revising paragraph (a) to read as
follows:

Sec.  1068.105  What other provisions apply to me specifically if I
manufacture equipment needing certified engines?

* * * * *
    (a) Transitioning to new engine-based standards. If new engine-
based emission standards apply in a given model year, your equipment in
that calendar year must have engines that are certified to the new
standards, except that you may continue to use up normal inventories of
earlier engines that were built before the date of the new or changed
standards. For purposes of this paragraph (a), normal inventory applies
for engines you possess and engines from your engine supplier's
inventory. (Note: this paragraph (a) does not apply in the case of new
remanufacturing standards.) For example, if your normal inventory
practice is to keep on hand a one-month supply of engines based on your
upcoming production schedules, and a new tier of standards starts to
apply for the 2015 model year, you may order engines consistent with
your normal inventory requirements late in the engine manufacturer's
2014 model year and install those engines in your equipment, regardless
of the date of installation. Also, if your model year starts before the
end of the calendar year preceding new standards, you may use engines
from the previous model year for those units you produce before January
1 of the year that new standards apply. If emission standards for the
engine do not change in a given model year, you may continue to install
engines from the previous model year without restriction (or any
earlier model year for which the same standards apply). You may not
circumvent the provisions of Sec.  1068.101(a)(1) by stockpiling
engines that were built before new or changed standards take effect.
Similarly, you may not circumvent the provisions of Sec.
1068.101(a)(1) by knowingly installing engines that were stockpiled by
engine suppliers in violation of Sec.  1068.103(f). Note that this
allowance does not apply for equipment subject to equipment-based
standards. See 40 CFR 1060.601 for similar provisions that apply for
equipment subject to evaporative emission standards.
* * * * *

0
331. Section 1068.120 is amended by revising paragraph (e) to read as
follows:

Sec.  1068.120  What requirements must I follow to rebuild engines?

* * * * *
    (e) If the rebuilt engine remains installed or is reinstalled in
the same piece of equipment, you must rebuild it to the original
configuration, except as allowed by this paragraph (e). You may rebuild
it to a different certified configuration of the same or later model
year. You may also rebuild it to a certified configuration from an
earlier model year as long as the earlier configuration is as clean or
cleaner than the original configuration. For purposes of this paragraph
(e), ``as clean or cleaner'' means one of the following:
    (1) For engines not certified with a Family Emission Limit for
calculating credits for a particular pollutant, this means that the
same emission standard applied for both model years. This includes
supplemental standards such as Not-to-Exceed standards.
    (2) For engines certified with a Family Emission Limit for a
particular pollutant, this means that the configuration to which the
engine is being rebuilt has a Family Emission Limit for that pollutant
that is at or below the standard that applied to the engine originally,
and is at or below the original Family Emission Limit.
* * * * *

0
332. Section 1068.125 is amended by revising paragraph (b) introductory
text to read as follows:

Sec.  1068.125  What happens if I violate the regulations?

* * * * *
    (b) Administrative penalties. Instead of bringing a civil action,
we may assess administrative penalties if the total is less than
$295,000 against you individually. This maximum penalty may be greater
if the Administrator and the Attorney General jointly determine that a
greater administrative penalty assessment is appropriate, or if the
limit is adjusted under 40 CFR part 19. No court may review this
determination. Before we assess an administrative penalty, you may ask
for a hearing (subject to 40 CFR part 22). The Administrator may
compromise or remit, with or without conditions, any administrative
penalty that may be imposed under this section.
* * * * *

Subpart C--[Amended]

0
333. Section 1068.215 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  1068.215  What are the provisions for exempting manufacturer-
owned engines/equipment?

    (a) You are eligible for the exemption for manufacturer-owned
engines/equipment only if you are a certificate holder. Any engine for
which you meet all applicable requirements under this section is exempt
without request.
    (b) Engines/equipment may be exempt without a request if they are
nonconforming engines/equipment under your ownership, possession, and
control and you do not operate them for purposes other than to develop
products, assess production methods, or promote your engines/equipment
in the marketplace, or other purposes we approve. You may not loan,
lease, sell, or use the engine/equipment to generate revenue, either by
itself or for an engine installed in a piece of equipment, except as
allowed by Sec.  1068.201(i). Note that this paragraph (b) does not
prevent the sale or shipment of a partially complete engine to a
secondary engine manufacturer that will meet the requirements of this
paragraph (b). See Sec.  1068.262 for provisions related to shipping
partially complete engines to secondary engine manufacturers.
* * * * *

0
334. Section 1068.225 is amended by revising paragraph (b) to read as
follows:

Sec.  1068.225  What are the provisions for exempting engines/equipment
for national security?

* * * * *
    (b) Manufacturers may request a national security exemption for
engines/equipment not meeting the conditions of paragraph (a) of this
section as long as the request is endorsed by an agency of the Federal
government responsible for national defense. In your request, explain
why you need the exemption.
* * * * *

0
335. Section 1068.240 is amended as follows:
0
a. By revising paragraphs (a) and (b)(6).
0
b. By adding paragraph (b)(7).
0
c. By revising paragraphs (c) introductory text, (c)(2)(ii), and
(c)(4).
0
d. By revising paragraphs (d), (e), and (g)(2).

Sec.  1068.240  What are the provisions for exempting new replacement
engines?

* * * * *
    (a) General provisions. You are eligible for the exemption for new
replacement engines only if you are a certificate holder. Note that
this exemption does not apply for locomotives (40 CFR 1033.601) and
that unique provisions apply to marine compression-ignition engines (40
CFR

1042.615). Paragraphs (b), (c), and (d) of this section describe
different approaches for exempting new replacement engines where the
engines are specially built to correspond to an earlier model year that
was subject to less stringent standards than those that apply for
current production (or is no longer covered by a certificate of
conformity). Paragraph (e) of this section describes a simpler approach
for exempting partially complete new replacement engines that are built
under a certificate of conformity that is valid for producing engines
for the current model year.
    (b) * * *
    (6) You add a permanent label, consistent with Sec.  1068.45, with
your corporate name and trademark and the following additional
information:
    (i) Add the following statement if the engine being replaced was
not subject to any emission standards under this chapter:

THIS ENGINE DOES NOT COMPLY WITH U.S. EPA EMISSION REQUIREMENTS.
SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE
AN ENGINE BUILT BEFORE JANUARY 1, [Insert appropriate year reflecting
when the earliest tier of standards began to apply to engines of that
size and type] MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL
PENALTY.

    (ii) Add the following statement if the engine being replaced was
subject to emission standards:

THIS ENGINE COMPLIES WITH U.S. EPA EMISSION REQUIREMENTS FOR [Identify
the appropriate emission standards (by model year, tier, or emission
levels) for the replaced engine] ENGINES UNDER 40 CFR 1068.240. SELLING
OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE A
[Identify the appropriate emission standards for the replaced engine,
by model year(s), tier(s), or emission levels)] ENGINE MAY BE A
VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.

    (7) Engines exempt under this paragraph (b) may not be introduced
into commerce before you make the determination under paragraph (b)(3),
except as specified in this paragraph (b)(7). We may waive this
restriction for engines excluded under paragraph (c)(5) of this section
that you ship to a distributor. Where we waive this restriction, you
must take steps to ensure that the engine is installed consistent with
the requirements of this paragraph (b). For example, at a minimum you
must report to us annually whether engines we allowed you to ship to a
distributor under this paragraph (b)(7) have been placed into service
or remain in inventory. After an engine is placed into service, your
report must describe how the engine was installed consistent with the
requirements of this paragraph (b). Send these reports to the
Designated Compliance Officer by the deadlines we specify.
    (c) Previous-tier replacement engines without tracking. You may
produce a limited number of new replacement engines that are not from a
currently certified engine family under the provisions of this
paragraph (c). If you produce new engines under this paragraph (c) to
replace engines subject to emission standards, the new replacement
engine must be in a configuration identical in all material respects to
the old engine and meet the requirements of Sec.  1068.265. This would
apply, for example, for engine configurations that were certified in an
earlier model year but are no longer covered by a certificate of
conformity. You must comply with the requirements of paragraph (b) of
this section for any number of replacement engines you produce in
excess of what we allow under this paragraph (c). Engines produced
under this paragraph (c) may be redesignated as engines subject to
paragraph (b) of this section, as long as you meet all the requirements
and conditions of paragraph (b) of this section before the end of the
calendar year in which the engine was produced. The following
provisions apply to engines exempted under this paragraph (c):
    (2) * * *
    (ii) Partially complete engines exempted under paragraph (e) of
this section.
* * * * *
    (4) Add a permanent label as specified in paragraph (b)(6) of this
section. For partially complete engines, you may alternatively add a
permanent or removable label as specified in paragraph (d) of this
section.
* * * * *
    (d) Partially complete engines. The following requirements apply if
you ship a partially complete replacement engine under paragraph (b) or
(c) of this section:
    (1) Provide instructions specifying how to complete the engine
assembly such that the resulting engine conforms to the applicable
certificate of conformity or the specifications of Sec.  1068.265.
Where a partially complete engine can be built into multiple different
configurations, you must be able to identify all the engine models and
model years for which the partially complete engine may properly be
used for replacement purposes. Your instructions must make clear how
the final assembler can determine which configurations are appropriate
for the engine they receive.
    (2) You must label the engine as follows:
    (i) If you have a reasonable basis to believe that the fully
assembled engine will include the original emission control information
label, you may add a removable label to the engine with your corporate
name and trademark and the statement: ``This replacement engine is
exempt under 40 CFR 1068.240.'' This would generally apply if all the
engine models that are compatible with the replacement engine were
covered by a certificate of conformity and they were labeled in a
position on the engine or equipment that is not included as part of the
partially complete engine being shipped for replacement purposes.
Removable labels must meet the requirements specified in Sec.  1068.45.
    (ii) If you do not qualify for using a removable label in paragraph
(d)(1) of this section, you must add a permanent label in a readily
visible location, though it may be obscured after installation in a
piece of equipment. Include on the permanent label your corporate name
and trademark, the engine's part number (or other identifying
information), and the statement: ``This replacement engine is exempt
under 40 CFR 1068.240.'' If there is not enough space for this
statement, you may alternatively add: ``REPLACEMENT'' or ``SERVICE
ENGINE''. For purposes of this paragraph (d)(2), engine part numbers
permanently stamped or engraved on the engine are considered to be
included on the label.
    (e) Partially complete current-tier replacement engines. The
provisions of paragraph (d) of this section apply for partially
complete engines you produce from a current line of certified engines
or vehicles. This applies for engine-based and equipment-based
standards as follows:
    (1) Where engine-based standards apply, you may introduce into U.S.
commerce short blocks or other partially complete engines from a
currently certified engine family as replacement components for in-use
equipment powered by engines you originally produced. You must be able
to identify all the engine models and model years for which the
partially complete engine may properly be used for replacement
purposes.

    (2) Where equipment-based standards apply, you may introduce into
U.S. commerce engines that are identical to engines covered by a
current certificate of conformity by demonstrating compliance with
currently applicable standards where the engines will be installed as
replacement engines. These engines might be fully assembled, but we
would consider them to be partially complete engines because they are
not yet installed in the equipment.
* * * * *
    (g)* * *
    (2) Anyone installing or completing assembly of an exempted new
replacement engine is deemed to be a manufacturer of a new engine with
respect to the prohibitions of Sec.  1068.101(a)(1). This applies to
all engines exempted under this section.
* * * * *

0
336. Section 1068.260 is amended by revising paragraphs (a), (b), (c),
and (e) to read as follows:

Sec.  1068.260  What general provisions apply for selling or shipping
engines that are not yet in their certified configuration?

* * * * *
    (a) The provisions of this paragraph (a) apply for emission-related
components that cannot practically be assembled before shipment because
they depend on equipment design parameters.
    (1) You do not need an exemption to ship an engine that does not
include installation or assembly of certain emission-related
components, if those components are shipped along with the engine. For
example, you may generally ship aftertreatment devices along with
engines rather than installing them on the engine before shipment. We
may require you to describe how you plan to use this provision.
    (2) You may ask us at the time of certification for an exemption to
allow you to ship your engines without emission-related components. If
we allow this, we may specify conditions that we determine are needed
to ensure that shipping the engine without such components will not
result in the engine being operated outside of its certified
configuration. See paragraph (d) of this section for additional
provisions that apply in certain circumstances.
    (b) You do not need an exemption to ship engines without specific
components if they are not emission-related components identified in
Appendix I of this part. For example, you may generally ship engines
without radiators needed to cool the engine.
    (c) If you are a certificate holder, partially complete engines
shipped between two of your facilities are exempt, subject to the
provisions of this paragraph (c), as long as you maintain ownership and
control of the engines until they reach their destination. We may also
allow this where you do not maintain actual ownership and control of
the engines (such as hiring a shipping company to transport the
engines) but only if you demonstrate that the engines will be
transported only according to your specifications. See Sec.
1068.261(b) for the provisions that apply instead of this paragraph (c)
for the special case of integrated manufacturers using the delegated-
assembly exemption. Notify us of your intent to use this exemption in
your application for certification, if applicable. Your exemption is
effective when we grant your certificate. You may alternatively request
an exemption in a separate submission; for example, this would be
necessary if you will not be the certificate holder for the engines in
question. We may require you to take specific steps to ensure that such
engines are in a certified configuration before reaching the ultimate
purchaser. Note that since this is a temporary exemption, it does not
allow you to sell or otherwise distribute to ultimate purchasers an
engine in an uncertified configuration. Note also that the exempted
engine remains new and subject to emission standards (see definition of
``exempted'' in Sec.  1068.30) until its title is transferred to the
ultimate purchaser or it otherwise ceases to be new.
* * * * *
    (e) Engines used in hobby vehicles are not presumed to be engines
subject to the prohibitions of Sec.  1068.101. Hobby vehicles are
reduced-scale models of vehicles that are not capable of transporting a
person. Some gas turbine engines are subject to the prohibitions of
Sec.  1068.101, but we do not presume that all gas turbine engines are
subject to these prohibitions. Other engines that do not have a valid
certificate of conformity or exemption when introduced into U.S.
commerce are presumed to be engines subject to the prohibitions of
Sec.  1068.101 unless we determine that such engines are excluded from
the prohibitions of Sec.  1068.101.
* * * * *

Sec.  1068.261  [Amended]

0
337. Section 1068.261 is amended by removing and reserving paragraph
(c)(5).

Subpart D--[Amended]

0
338. Section 1068.325 is amended by revising paragraph (g) to read as
follows:

Sec.  1068.325  What are the temporary exemptions for imported engines/
equipment?

* * * * *
    (g) Exemption for partially complete engines. You may import an
engine if another company already has a certificate of conformity and
will be modifying the engine to be in its final certified configuration
or a final exempt configuration under the provisions of Sec.  1068.262.
You may also import a partially complete engine by shipping it from one
of your facilities to another under the provisions of Sec.
1068.260(c). If you are importing a used engine that becomes new as a
result of importation, you must meet all the requirements that apply to
original engine manufacturers under Sec.  1068.262.
* * * * *

Subpart E--[Amended]

Sec.  1068.410  [Amended]

0
339. Section 1068.410 is amended by removing and reserving paragraph
(e)(1).

0
340. Section 1068.440 is amended by revising paragraph (b) to read as
follows:

Sec.  1068.440  How do I ask EPA to reinstate my suspended certificate?

* * * * *
    (b) Give us test data from production engines/equipment showing
that engines/equipment in the remedied family comply with all the
emission standards that apply.

Subpart F--[Amended]

0
341. Section 1068.501 is amended by revising paragraphs (a)(5), (e),
and (f) to read as follows:

Sec.  1068.501  How do I report emission-related defects?

* * * * *
    (a)* * *
    (5) You must track the information specified in paragraph (b)(1) of
this section. You must assess this data at least every three months to
evaluate whether you exceed the thresholds specified in paragraphs (e)
and (f) of this section. Where thresholds are based on a percentage of
engines/equipment in the family, use actual U.S.-directed production
volumes for the whole model year when they become available. Use
projected production figures until the actual production figures become
available. You are not required to collect additional information other
than that specified in paragraph (b)(1) of this section before reaching
a threshold for an investigation specified in paragraph (e) of this
section.
* * * * *

    (e) Thresholds for conducting a defect investigation. You must
begin a defect investigation based on the following number of engines/
equipment that may have the defect:
    (1) For engines/equipment with maximum engine power at or below 560
kW:
    (i) For families with annual production below 500 units: 50 or more
engines/equipment.
    (ii) For families with annual production from 500 to 50,000 units:
more than 10.0 percent of the total number of engines/equipment in the
family.
    (iii) For families with annual production from 50,000 to 550,000
units: more than the total number of engines/equipment represented by
the following equation:

Investigation threshold = 5,000 + (Production units--50,000) x 0.04

    (iv) For families with annual production above 550,000 units:
25,000 or more engines/equipment.
    (2) For engines/equipment with maximum engine power greater than
560 kW:
    (i) For families with annual production below 250 units: 25 or more
engines/equipment.
    (ii) For families with annual production at or above 250 units:
more than 10.0 percent of the total number of engines/equipment in the
family.
    (f) Thresholds for filing a defect report. You must send a defect
report based on the following number of engines/equipment that have the
defect:
    (1) For engines/equipment with maximum engine power at or below 560
kW:
    (i) For families with annual production below 1,000 units: 20 or
more engines/equipment.
    (ii) For families with annual production from 1,000 to 50,000
units: more than 2.0 percent of the total number of engines/equipment
in the family.
    (iii) For families with annual production from 50,000 to 550,000
units: more than the total number of engines/equipment represented by
the following equation:

Reporting threshold = 1,000 + (Production units--50,000) x 0.01

    (iv) For families with annual production above 550,000 units: 6,000
or more engines/equipment.
    (2) For engines/equipment with maximum engine power greater than
560 kW:
    (i) For families with annual production below 150 units: 10 or more
engines/equipment.
    (ii) For families with annual production from 150 to 750 units: 15
or more engines/equipment.
    (iii) For families with annual production above 750 units: more
than 2.0 percent of the total number of engines/equipment in the
family.
* * * * *
[FR Doc. 2010-2534 Filed 4-29-10; 8:45 am]
BILLING CODE 6560-50-P