40 CFR Part 1054 — Control of Emissions from New, Small Nonroad Spark-Ignition Engines and Equipment

PART 1054—CONTROL OF EMISSIONS FROM NEW, SMALL NONROAD SPARK-IGNITION ENGINES AND EQUIPMENT Authority: 42 U.S.C. 7401-7671q. Source: 73 FR 59259, Oct. 8, 2008, unless otherwise noted. Subpart A—Overview and Applicability § 1054.1 Does this part apply for my engines and equipment? (a) Except as provided in § 1054.5, the regulations in this part 1054 apply as follows: (1) The requirements of this part related to exhaust emissions apply to new, nonroad spark-ignition engines with maximum engine power at or below 19 kW. This includes auxiliary marine spark-ignition engines. (2) The requirements of this part related to evaporative emissions apply as specified in §§ 1054.110 and 1054.112 to fuel systems used with engines subject to exhaust emission standards in this part if the engines use a volatile liquid fuel (such as gasoline). (3) This part 1054 applies starting with the model years noted in the following table: Table 1 to § 1054.1—Part 1054 Applicability by Model Year Engine type Engine Model year Handheld all 2010 Nonhandheld displacement <225 cc 2012 Nonhandheld displacement ≥225 cc 2011 (4) This part 1054 applies for other spark-ignition engines as follows: (i) The provisions of §§ 1054.620 and 1054.801 apply for new engines used solely for competition beginning January 1, 2010. (ii) The provisions of §§ 1054.660 and 1054.801 apply for new engines used in emergency rescue equipment beginning January 1, 2010. (5) We specify provisions in §§ 1054.145(f) and 1054.740 that allow for meeting the requirements of this part before the dates shown in Table 1 to this section. Engines, fuel-system components, or equipment certified to the standards in §§ 1054.145(f) and 1054.740 are subject to all the requirements of this part as if these optional standards were mandatory. (b) Although the definition of nonroad engine in 40 CFR 1068.30 excludes certain engines used in stationary applications, stationary engines are required under 40 CFR part 60, subpart JJJJ, to comply with this part starting with the model years shown in Table 1 to this section. (c) Engines originally meeting Phase 1 or Phase 2 standards as specified in appendix I of this part remain subject to those standards. Those engines remain subject to recall provisions as specified in 40 CFR part 1068, subpart F, throughout the useful life corresponding to the original certification. Also, tampering and defeat-device prohibitions continue to apply for those engines as specified in 40 CFR 1068.101. (d) The regulations in this part optionally apply to engines with maximum engine power at or below 30 kW and with displacement at or below 1,000 cubic centimeters that would otherwise be covered by 40 CFR part 1048. See 40 CFR 1048.615 for provisions related to this allowance. (e) In certain cases, the regulations in this part 1054 apply to propulsion marine engines that would otherwise be covered by 40 CFR part 1045. See 40 CFR 1045.610 for provisions related to these allowances. [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23024, Apr. 30, 2010; 86 FR 34516, June 29, 2021] § 1054.2 Who is responsible for compliance? (a) The requirements and prohibitions of this part apply to manufacturers of engines and equipment, as described in § 1054.1. The requirements of this part are generally addressed to manufacturers subject to this part's requirements. The term “you” generally means the certifying manufacturer. For provisions related to exhaust emissions, this generally means the engine manufacturer, especially for issues related to certification (including production-line testing, reporting, etc.). For provisions related to certification with respect to evaporative emissions, this generally means the equipment manufacturer. Note that for engines that become new after being placed into service (such as engines converted from highway or stationary use), the requirements that normally apply for manufacturers of freshly manufactured engines apply to the importer or any other entity we allow to obtain a certificate of conformity. (b) Equipment manufacturers must meet applicable requirements as described in § 1054.20. Engine manufacturers that assemble an engine's complete fuel system are considered to be the equipment manufacturer with respect to evaporative emissions (see 40 CFR 1060.5). Note that certification requirements for component manufacturers are described in 40 CFR part 1060. [86 FR 34516, June 29, 2021] § 1054.5 Which nonroad engines are excluded from this part's requirements? This part does not apply to the following nonroad engines: (a) Engines that are certified to meet the requirements of 40 CFR part 1051 (for example, engines used in snowmobiles and all-terrain vehicles). Engines that are otherwise subject to 40 CFR part 1051 but not required to be certified (such as engines exempted under 40 CFR part 1051) are also excluded from this part 1054, unless the regulations in 40 CFR part 1051 specifically require them to comply with the requirements of this part 1054. (b) Engines that are certified to meet the requirements of 40 CFR part 1048, subject to the provisions of § 1054.615. (c) Propulsion marine engines. See 40 CFR parts 91 and 1045. Note that the evaporative emission standards of this part also do not apply with respect to auxiliary marine engines as described in § 1054.20. (d) Engines used in reduced-scale models of vehicles that are not capable of transporting a person. § 1054.10 How is this part organized? This part 1054 is divided into the following subparts: (a) Subpart A of this part defines the applicability of this part 1054 and gives an overview of regulatory requirements. (b) Subpart B of this part describes the emission standards and other requirements that must be met to certify engines under this part. Note that § 1054.145 discusses certain interim requirements and compliance provisions that apply only for a limited time. (c) Subpart C of this part describes how to apply for a certificate of conformity. (d) Subpart D of this part describes general provisions for testing production-line engines. (e) Subpart E of this part describes general provisions for testing in-use engines. (f) Subpart F of this part describes how to test your engines (including references to other parts of the Code of Federal Regulations). (g) Subpart G of this part and 40 CFR part 1068 describe requirements, prohibitions, and other provisions that apply to engine manufacturers, equipment manufacturers, owners, operators, rebuilders, and all others. (h) Subpart H of this part describes how you may generate and use exhaust and evaporative emission credits to certify your engines and equipment. (i) Subpart I of this part contains definitions and other reference information. § 1054.15 Do any other CFR parts apply to me? (a) Part 1060 of this chapter describes standards and procedures that apply for controlling evaporative emissions from engines fueled by gasoline or other volatile liquid fuels and the associated fuel systems. See §§ 1054.110 and 1054.112 for information about how that part applies. (b) Part 1065 of this chapter describes procedures and equipment specifications for testing engines to measure exhaust emissions. Subpart F of this part 1054 describes how to apply the provisions of part 1065 of this chapter to determine whether engines meet the exhaust emission standards in this part. (c) The requirements and prohibitions of part 1068 of this chapter apply to everyone, including anyone who manufactures, imports, installs, owns, operates, or rebuilds any of the engines subject to this part 1054, or equipment containing these engines. Part 1068 of this chapter describes general provisions, including these seven areas: (1) Prohibited acts and penalties for engine manufacturers, equipment manufacturers, and others. (2) Rebuilding and other aftermarket changes. (3) Exclusions and exemptions for certain engines. (4) Importing engines. (5) Selective enforcement audits of your production. (6) Defect reporting and recall. (7) Procedures for hearings. (d) Other parts of this chapter apply if referenced in this part. § 1054.20 What requirements apply to my equipment? (a) If you manufacture equipment using engines certified under this part, your equipment must meet all applicable emission standards with the engine and fuel system installed. (b) Except as specified in paragraph (f) of this section, all equipment subject to the exhaust standards of this part must meet the evaporative emission standards of 40 CFR part 1060, as described in §§ 1054.110 and 1054.112. (c) Except as specified in paragraph (f) of this section, you must identify and label equipment you produce under this section consistent with the requirements of 40 CFR 1060.135. (d) You may need to certify your equipment or fuel systems as described in 40 CFR 1060.1 and 1060.601. (e) You must follow all emission-related installation instructions from the certifying manufacturers as described in § 1054.130, 40 CFR 1060.130, and 40 CFR 1068.105. Failure to follow these instructions subjects you to civil penalties as described in 40 CFR part 1068, subpart B. (f) Motor vehicles and marine vessels may contain engines subject to the exhaust emission standards in this part 1054. Evaporative emission standards apply to these products as follows: (1) Marine vessels using spark-ignition engines are subject to the requirements of 40 CFR part 1045. The vessels are not required to comply with the evaporative emission standards and related requirements of this part 1054. (2) Motor vehicles are subject to the requirements of 40 CFR part 86. They are not required to comply with the evaporative emission standards and related requirements of this part 1054. § 1054.30 Submission of information. Unless we specify otherwise, send all reports and requests for approval to the Designated Compliance Officer (see § 1054.801). See § 1054.825 for additional reporting and recordkeeping provisions. [86 FR 34517, June 29, 2021] Subpart B—Emission Standards and Related Requirements § 1054.101 What emission standards and requirements must my engines meet? (a) Exhaust emissions. (1) Handheld engines must meet the exhaust emission standards in § 1054.103. (2) Nonhandheld engines must meet the exhaust emission standards in § 1054.105. (3) All engines must meet the requirements in § 1054.115. (b) Evaporative emissions. (c) Wintertime engines. X (d) Two-stroke snowthrower engines. (e) Relationship between handheld and nonhandheld engines. See (f) Interim provisions. [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 68462, Nov. 8, 2010] § 1054.103 What exhaust emission standards must my handheld engines meet? (a) Emission standards. Table 1 to § 1054.103—Phase 3 Emission Standards for Handheld Engines ( g/k hr) Engine displacement class HC + NO X CO Class III 50 805 Class IV 50 805 Class V 72 603 (b) Averaging, banking, and trading. X (1) 336 g/kW-hr for Class III engines. (2) 275 g/kW-hr for Class IV engines. (3) 186 g/kW-hr for Class V engines. (c) Fuel types. (1) Alcohol-fueled engines: THCE emissions. (2) Natural gas-fueled engines: NMHC emissions. (3) Other engines: THC emissions. (d) Useful life. (e) Applicability for testing. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34517, June 29, 2021] § 1054.105 What exhaust emission standards must my nonhandheld engines meet? (a) Emission standards. Table 1 to § 1054.105—Phase 3 Emission Standards for Nonhandheld Engines ( g/k hr) Engine displacement class HC + NO X Primary CO standard CO Class I 10.0 610 5.0 Class II 8.0 610 5.0 (b) Averaging, banking, and trading. X (1) 40.0 g/kW-hr for Class I engines with displacement below 100 cc. (2) 16.1 g/kW-hr for Class I engines with displacement at or above 100 cc. (3) 12.1 for Class II engines. (c) Fuel types. (1) Alcohol-fueled engines: THCE emissions. (2) Natural gas-fueled engines: NMHC emissions. (3) Other engines: THC emissions. (d) Useful life. (e) Applicability for testing. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34517, June 29, 2021] § 1054.107 What is the useful life period for meeting exhaust emission standards? This section describes an engine family's useful life, which is the period during which engines are required to comply with all emission standards that apply. The useful life period is five years or a number of hours of operation, whichever comes first, as described in this section. (a) Determine the useful life period for exhaust requirements as follows: (1) Except as specified in paragraphs (a)(2) and (3) of this section, the useful life period for exhaust requirements is the number of engine operating hours from Table 1 to this section that most closely matches the expected median in-use life of your engines. The median in-use life of your engine is the shorter of the following values: (i) The median in-use life of equipment into which the engine is expected to be installed. (ii) The median in-use life of the engine without being scrapped or rebuilt. Table 1 to § 1054.107—Nominal Useful Life Periods Nonhandheld Residential Extended life residential 1 Commercial Class I 125 250 500 Class II 250 500 1,000 Handheld Light use Medium use Heavy use Class III—V 50 125 300 1 (2) You may select a longer useful life for nonhandheld engines than that specified in paragraph (a)(1) of this section in 100-hour increments not to exceed 3,000 hours for Class I engines or 5,000 hours for Class II engines. For engine families generating emission credits, you may do this only with our approval. These are considered “Heavy Commercial” engines. (3) The minimum useful life period for engines with maximum engine power above 19 kW is 1,000 hours (see § 1054.1(d)). (b) Keep any available information to support your selection and make it available to us if we ask for it. We may require you to certify to a different useful life value from the table if we determine that the selected useful life value is not justified by the data. We may consider any relevant information, including your product warranty statements and marketing materials regarding engine life, in making this determination. We may void your certificate if we determine that you intentionally selected an incorrect value. Support your selection based on any of the following information: (1) Surveys of the life spans of the equipment in which the subject engines are installed. (2) Engineering evaluations of field aged engines to ascertain when engine performance deteriorates to the point where usefulness and/or reliability is impacted to a degree sufficient to necessitate overhaul or replacement. (3) Failure reports from engine customers. (4) Engineering evaluations of the durability, in hours, of specific engine technologies, engine materials, or engine designs. § 1054.110 What evaporative emission standards must my handheld equipment meet? The following evaporative emission requirements apply for handheld equipment over a useful life of five years: (a) Fuel line permeation. (b) Tank permeation. (c) Running loss. (d) Other requirements. (e) Engine manufacturers. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34517, June 29, 2021] § 1054.112 What evaporative emission standards must my nonhandheld equipment meet? The evaporative emission requirements of this section apply starting in the 2011 model year for equipment using Class II engines and in the 2012 model year for equipment using Class I engines over a useful life of five years. See § 1054.110 for requirements that apply for nonhandheld equipment using engines at or below 80 cc. (a) Fuel line permeation. (b) Tank permeation. (1) Except as specified in paragraphs (b)(2) of this section, you may not use fuel tanks with a family emission limit that exceeds 5.0 g/m 2 2 (2) For small-volume emission families, you may not use fuel tanks with a family emission limit that exceeds 8.0 g/m 2 2 (3) FEL caps do not apply to fuel caps that are certified separately to meet permeation standards. (c) Running loss. (d) Diurnal emissions. (e) Other requirements. (f) Engine manufacturers. [73 FR 59259, Oct. 8, 2008, as amended at 73 FR 73789, Dec. 4, 2008] § 1054.115 What other requirements apply? The following requirements apply with respect to engines that are required to meet the emission standards of this part: (a) Crankcase emissions. (1) Snowthrower engines may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. If you take advantage of this exception, you must do the following things: (i) Manufacture the engines so that all crankcase emissions can be routed into the applicable sampling systems specified in 40 CFR part 1065. (ii) Account for deterioration in crankcase emissions when determining exhaust deterioration factors. (2) For purposes of this paragraph (a), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be discharged directly into the ambient atmosphere. (b) Adjustable parameters. (c) Altitude adjustments. (d) Prohibited controls. (e) Defeat devices. (1) The conditions of concern were substantially included in the applicable duty-cycle test procedures described in subpart F of this part. (2) You show your design is necessary to prevent engine (or equipment) damage or accidents. (3) The reduced effectiveness applies only to starting the engine. [73 FR 59259, Oct. 8, 2008, as amended at 88 FR 4667, Jan. 24, 2023] § 1054.120 What emission-related warranty requirements apply to me? The requirements of this section apply to the manufacturer certifying with respect to exhaust emissions. See 40 CFR part 1060 for the warranty requirements related to evaporative emissions. (a) General requirements. (1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part. (2) It is free from defects in materials and workmanship that may keep it from meeting these requirements. (b) Warranty period. (1) The minimum warranty period is two years except as allowed under paragraph (b)(2) or (3) of this section. (2) We may establish a shorter warranty period for handheld engines subject to severe service in seasonal equipment if we determine that these engines are likely to operate for a number of hours greater than the applicable useful life within 24 months. You must request this shorter warranty period in your application for certification or in an earlier submission. (3) For engines equipped with hour meters, you may deny warranty claims for engines that have accumulated a number of hours greater than 50 percent of the applicable useful life. (c) Components covered. (d) Limited applicability. (e) Owners manual. (f) Requirements related to warranty claims. (1) You must provide and monitor a toll-free telephone number and an e-mail address for owners to receive information about how to make a warranty claim, and how to make arrangements for authorized repairs. (2) You must provide a source of replacement parts within the United States. For parts that you import, this requires you to have at least one distributor within the United States. (3) You must use one of the following methods to show that you will generally be able to honor warranty claims: (i) If you have authorized service centers in all U.S. population centers with a population of 100,000 or more based on the 2000 census, you may limit warranty repairs to these service providers. (ii) You may limit warranty repairs to authorized service centers for owners located within 100 miles of an authorized service center. For owners located more than 100 miles from an authorized service center, you must state in your warranty that you will either pay for shipping costs to and from an authorized service center, provide for a service technician to come to the owner to make the warranty repair, or pay for the repair to be made at a local nonauthorized service center. The provisions of this paragraph (f)(3)(ii) apply only for the contiguous states, excluding the states with high-altitude areas identified in 40 CFR part 1068, Appendix III. (iii) You may use the approach described in paragraphs (f)(3)(i) of this section for some states and the approach described in paragraph (f)(3)(ii) of this section for other states. However, you must have at least one authorized service center in each state unless the whole state is within 100 miles of authorized service centers in other states. (4) If your plan for meeting the requirements of this paragraph (f) does not include at least 100 authorized repair facilities in the United States or at least one such facility for each 5,000 engines you sell in the United States, you must also post a bond as described in § 1054.690 to ensure that you will fulfill your warranty-repair responsibilities even if you are not obligated to post a bond under that section. Note that you may post a single bond to meet the requirements of this section and § 1054.690. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34517, June 29, 2021] § 1054.125 What maintenance instructions must I give to buyers? Give the ultimate purchaser of each new engine written instructions for properly maintaining and using the engine, including the emission control system as described in this section. The maintenance instructions also apply to service accumulation on your emission-data engines as described in § 1054.245 and in 40 CFR part 1065. (a) Critical emission-related maintenance. (1) You demonstrate that the maintenance is reasonably likely to be done at the recommended intervals on in-use engines. We will accept scheduled maintenance as reasonably likely to occur if you satisfy any of the following conditions: (i) You present data showing that any lack of maintenance that increases emissions also unacceptably degrades the engine's performance. (ii) You present survey data showing that at least 80 percent of engines in the field get the maintenance you specify at the recommended intervals. If the survey data show that 60 to 80 percent of engines in the field get the maintenance you specify at the recommended intervals, you may ask us to consider additional factors such as the effect on performance and emissions. For example, we may allow you to schedule fuel-injector replacement as critical emission-related maintenance if you have survey data showing this is done at the recommended interval for 65 percent of engines and you demonstrate that performance degradation is roughly proportional to the degradation in emission control for engines that do not have their fuel injectors replaced. (iii) You provide the maintenance free of charge and clearly say so in your maintenance instructions. (iv) You otherwise show us that the maintenance is reasonably likely to be done at the recommended intervals. (2) You may schedule cleaning or changing air filters or changing spark plugs at the least frequent interval described in the owners manual. See § 1054.245 for testing requirements related to these maintenance steps. (3) You may not schedule critical emission-related maintenance within the useful life period for aftertreatment devices, pulse-air valves, fuel injectors, oxygen sensors, electronic control units, superchargers, or turbochargers, except as specified in paragraph (b) or (c) of this section. (4) You may ask us to approve a maintenance interval shorter than that specified in paragraph (a)(3) of this section. In your request you must describe the proposed maintenance step, recommend the maximum feasible interval for this maintenance, include your rationale with supporting evidence to support the need for the maintenance at the recommended interval, and demonstrate that the maintenance will be done at the recommended interval on in-use engines. In considering your request, we will evaluate the information you provide and any other available information to establish alternate specifications for maintenance intervals, if appropriate. (b) Recommended additional maintenance. (c) Special maintenance. (d) Noncritical emission-related maintenance. (e) Maintenance that is not emission-related. (f) Source of parts and repairs. (1) Provide a component or service without charge under the purchase agreement. (2) Get us to waive this prohibition in the public's interest by convincing us the engine will work properly only with the identified component or service. (g) Payment for scheduled maintenance. (1) Each affected component was not in general use on similar engines before 1997. (2) The primary function of each affected component is to reduce emissions. (3) Failure to perform the maintenance would not cause clear problems that would significantly degrade the engine's performance. (h) Owners manual. [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23024, Apr. 30, 2010; 86 FR 34517, June 29, 2021] § 1054.130 What installation instructions must I give to equipment manufacturers? (a) If you sell an engine for someone else to install in a piece of equipment, give the engine installer instructions for installing it consistent with the requirements of this part. Include all information necessary to ensure that an engine will be installed in its certified configuration. (b) Make sure the instructions have the following information: (1) Include the heading: “Emission-related installation instructions”. (2) State: “Failing to follow these instructions when installing a certified engine in a piece of equipment violates federal law (40 CFR 1068.105(b)), subject to fines or other penalties as described in the Clean Air Act.” (3) Describe the instructions needed to properly install the exhaust system and any other components. Include instructions consistent with the requirements of § 1054.655 related to altitude kits. (4) Describe the steps needed to control evaporative emissions in accordance with certificates of conformity that you hold. Include instructions for connecting fuel lines as needed to prevent running loss emissions, if applicable. Such instructions must include sufficient detail to ensure that running loss control will not cause the engine to exceed exhaust emission standards. For example, you may specify a maximum vapor flow rate under normal operating conditions. Also include notification that the installer must meet the requirements of § 1054.112 and 40 CFR part 1060. (5) Describe how your certification is limited for any type of application. For example, if you certify engines only for rated-speed applications, tell equipment manufacturers that the engine must not be installed in equipment involving intermediate-speed operation. Also, if your wintertime engines are not certified to the otherwise applicable HC+NO X (6) Describe any other instructions to make sure the installed engine will operate according to design specifications in your application for certification. For example, this may include specified limits for catalyst systems, such as exhaust backpressure, catalyst location, and temperature profiles during engine operation. (7) State: “If you install the engine in a way that makes the engine's emission control information label hard to read during normal engine maintenance, you must place a duplicate label on the equipment, as described in 40 CFR 1068.105.” (c) You do not need installation instructions for engines you install in your own equipment. (d) Provide instructions in writing or in an equivalent format. For example, you may post instructions on a publicly available Web site for downloading or printing. If you do not provide the instructions in writing, explain in your application for certification how you will ensure that each installer is informed of the installation requirements. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34517, June 29, 2021] § 1054.135 How must I label and identify the engines I produce? The provisions of this section apply to engine manufacturers. (a) Assign each engine a unique identification number and permanently affix, engrave, or stamp it on the engine in a legible way. (b) At the time of manufacture, affix a permanent and legible label identifying each engine. The label must be— (1) Attached in one piece so it is not removable without being destroyed or defaced. (2) Secured to a part of the engine needed for normal operation and not normally requiring replacement. (3) Durable and readable for the engine's entire life. (4) Written in English. (c) The label must conform to the following specifications without exception: (1) Include the heading “EMISSION CONTROL INFORMATION”. (2) Include your full corporate name and trademark. You may identify another company and use its trademark instead of yours if you comply with the branding provisions of 40 CFR 1068.45. (3) Include EPA's standardized designation for the emission family (and subfamily, where applicable). (4) State the following based on the useful life requirements in § 1054.107: “EMISSION COMPLIANCE PERIOD = [identify applicable useful life period] HOURS”. In addition to specifying the hours, you may optionally add the descriptive terms specified in § 1054.107(a) to characterize the useful life. You may use the term Heavy Commercial for nonhandheld engines if you establish a longer useful life under § 1054.107(a)(2). (5) State the engine's displacement (in cubic centimeters); however, you may omit this from the label if all the engines in the emission family have the same per-cylinder displacement and total displacement. (6) State the date of manufacture [DAY (optional), MONTH, and YEAR]; however, you may omit this from the label if you stamp, engrave, or otherwise permanently identify it elsewhere on the engine, in which case you must also describe in your application for certification where you will identify the date on the engine. (7) Identify the emission control system. Use terms and abbreviations as described in 40 CFR 1068.45. You may omit this information from the label if there is not enough room for it and you put it in the owners manual instead. (8) Include one of the following statements: (i) If you are an integrated equipment manufacturer certifying engines with respect to exhaust emissions and meeting all applicable evaporative emission requirements under 40 CFR part 1060, state— “THIS ENGINE MEETS U.S. EPA EXH/EVP REGS FOR [MODEL YEAR].” (ii) In all other cases, state— “THIS ENGINE MEETS U.S. EPA EXH REGS FOR [MODEL YEAR].” (d) The following information may be included on the label or in the owners manual: (1) List specifications and adjustments for engine tuneups. (2) Identify the altitude at which an altitude kit should be installed if you specify an altitude kit under § 1054.115(c). (3) Identify the fuel type and any requirements for fuel and lubricants. (4) If your nonhandheld engines are certified for use only at rated speed or only at intermediate speed, add the statement: “CERTIFIED FOR [rated-speed or intermediate-speed] APPLICATIONS ONLY” or “CERTIFIED FOR [identify nominal engine speed or range of speeds for testing] OPERATION ONLY”. (e) You may add information to the emission control information label as follows: (1) You may identify other emission standards that the engine meets or does not meet (such as California standards), as long as this does not cause you to omit any of the information described in paragraph (c) of this section. You may include this information by adding it to the statement we specify or by including a separate statement. (2) You may add other information to ensure that the engine will be properly maintained and used. (3) You may add appropriate features to prevent counterfeit labels. For example, you may include the engine's unique identification number on the label. (f) Except for the labeling requirements specified in paragraph (c) of this section, you may ask us to approve modified labeling requirements in this part 1054 if you show that it is necessary or appropriate. We will approve your request if your alternate label is consistent with the requirements of this part. (g) If others install your engine in their equipment in a way that obscures the engine label such that the label cannot be read during normal maintenance, we require them to add a duplicate label on the equipment (see 40 CFR 1068.105). If equipment manufacturers request it, send them labels that include all the information from the original label and that are clearly identified as duplicate labels. You may omit the date of manufacture from the duplicate label. Keep a written record of each request for five years after it is no longer needed for ongoing production. (h) Integrated equipment manufacturers certifying their engines and equipment with respect to both exhaust and evaporative emission standards may meet labeling requirements with a single label that has all the required information specified in this section and in 40 CFR 1060.135. [73 FR 59259, Oct. 8, 2008, as amended at 80 FR 9114, Feb. 19, 2015; 86 FR 34518, June 29, 2021] § 1054.140 What is my engine's maximum engine power and displacement? This section describes how to quantify your engine's maximum engine power and displacement for the purposes of this part. (a) An engine configuration's maximum engine power is the maximum brake power point on the nominal power curve for the engine configuration, as defined in this section. Round the power value to the nearest 0.1 kilowatts for nonhandheld engines and to the nearest 0.01 kilowatts for handheld engines. The nominal power curve of an engine configuration is the relationship between maximum available engine brake power and engine speed for an engine, using the mapping procedures of 40 CFR part 1065, based on the manufacturer's design and production specifications for the engine. For handheld engines, we may allow manufacturers to base the nominal power curve on other mapping procedures, consistent with good engineering judgment. This information may also be expressed by a torque curve that relates maximum available engine torque with engine speed. Note that maximum engine power is based on engines and installed engine governors; equipment designs that further limit engine operation do not change maximum engine power. (b) An engine configuration's displacement is the intended swept volume of all the engine's cylinders. The swept volume of the engine is the product of the internal cross-section area of the cylinders, the stroke length, and the number of cylinders. Calculate the engine's intended swept volume from the design specifications for the cylinders using enough significant figures to allow determination of the displacement to the nearest 0.1 cc. Determine the final value by rounding to the nearest cubic centimeter. For example, for a one-cylinder engine with circular cylinders having an internal diameter of 6.00 cm and a 6.25 cm stroke length, the rounded displacement would be: (1) × (6.00/2) 2 (c) The nominal power curve and intended swept volume must be within the range of the actual power curves and swept volumes of production engines considering normal production variability. If after production begins it is determined that either your nominal power curve or your intended swept volume does not represent production engines, we may require you to amend your application for certification under § 1054.225. § 1054.145 Are there interim provisions that apply only for a limited time? The interim provisions in this section apply instead of other provisions in this part. This section describes how and when these interim provisions apply. (a)-(b) [Reserved] (c) Special provisions for handheld engines. (d) Alignment of model years for exhaust and evaporative standards. (e) [Reserved] (f) Early banking for evaporative emission standards—handheld equipment manufacturers. (g) through (i) [Reserved] (j) Continued use of 40 CFR part 90 test data. (k)-(m) [Reserved] (n) California test fuel. (1) You may certify individual engine families using data from testing conducted with California Phase 2 test fuel through model year 2019. Any EPA testing with such an engine family may use either California Phase 2 test fuel or the test fuel specified in § 1054.501. (2) Starting in model year 2013, you may certify individual engine families using data from testing conducted with California Phase 3 test fuel. Any EPA testing with such an engine family may use either California Phase 3 test fuel or the test fuel specified in § 1054.501, unless you certify to the more stringent CO standards specified in this paragraph (n)(2). If you meet these alternate CO standards, we will also use California Phase 3 test fuel for any testing we perform with engines from that engine family. The following alternate CO standards apply instead of the CO standards specified in § 1054.103 or § 1054.105: Table 1 to § 1054.145—Alternate CO Standards for Testing With California Phase 3 Test Fuel [g/kW-hr] Engine type Alternate Class I 549 Class II 549 Class III 536 Class IV 536 Class V 536 Marine generators 4.5 [86 FR 34518, June 29, 2021] Subpart C—Certifying Emission Families § 1054.201 What are the general requirements for obtaining a certificate of conformity? Engine manufacturers must certify their engines with respect to the exhaust emission standards in this part. Manufacturers of engines, equipment, or fuel-system components may need to certify their products with respect to evaporative emission standards as described in 40 CFR 1060.1 and 1060.601. The following general requirements apply for obtaining a certificate of conformity: (a) You must send us a separate application for a certificate of conformity for each engine family. A certificate of conformity is valid starting with the indicated effective date but it is not valid for any production after December 31 of the model year for which it is issued. No certificate will be issued after December 31 of the model year. If you certify with respect to both exhaust and evaporative emissions, you must submit separate applications. (b) The application must contain all the information required by this part and must not include false or incomplete statements or information (see § 1054.255). (c) We may ask you to include less information than we specify in this subpart as long as you maintain all the information required by § 1054.250. (d) You must use good engineering judgment for all decisions related to your application (see 40 CFR 1068.5). (e) An authorized representative of your company must approve and sign the application. (f) See § 1054.255 for provisions describing how we will process your application. (g) We may require you to deliver your test engines to a facility we designate for our testing (see § 1054.235(c)). (h) For engines that become new after being placed into service, such as engines converted to run on a different fuel, we may specify alternate certification provisions consistent with the intent of this part. See [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23025, Apr. 30, 2010] § 1054.205 What must I include in my application? This section specifies the information that must be in your application, unless we ask you to include less information under § 1054.201(c). We may require you to provide additional information to evaluate your application. The provisions of this section apply to integrated equipment manufacturers and engine manufacturers selling loose engines. Nonintegrated equipment manufacturers must follow the requirements of 40 CFR part 1060. (a) Describe the emission family's specifications and other basic parameters of the engine's design and emission controls. List the fuel type on which your engines are designed to operate (for example, all-season gasoline). List each distinguishable engine configuration in the emission family. For each engine configuration in which the maximum modal power of the emission-data engine is at or above 25 kW (or power at or above 15 kW if displacement is above 1000 cc), list the maximum engine power and the range of values for maximum engine power resulting from production tolerances, as described in § 1054.140. (b) Explain how the emission control systems operate. Describe the evaporative emission controls and show how your design will prevent running loss emissions, if applicable. Also describe in detail all system components for controlling exhaust emissions, including all auxiliary emission control devices (AECDs) and all fuel-system components you will install on any production or test engine. Identify the part number of each component you describe. For this paragraph (b), treat as separate AECDs any devices that modulate or activate differently from each other. Include sufficient detail to allow us to evaluate whether the AECDs are consistent with the defeat device prohibition of § 1054.115. For example, if your engines will routinely experience in-use operation that differs from the specified duty cycle for certification, describe how the fuel-metering system responds to varying speeds and loads not represented by the duty cycle. If you test an emission-data engine by disabling the governor for full-load operation such that the engine operates at an air-fuel ratio significantly different than under full-load operation with an installed governor, explain why these differences are necessary or appropriate. For conventional carbureted engines without electronic fuel controls, it is sufficient to state that there is no significant difference in air-fuel ratios. (c) [Reserved] (d) Describe the engines, equipment, and fuel system components you selected for testing and the reasons for selecting them. (e) Describe the test equipment and procedures that you used, including any special or alternate test procedures you used. For handheld engines, describe how you selected the value for rated speed. (f) Describe how you operated the emission-data engine before testing, including the duty cycle and the number of engine operating hours used to stabilize emission levels. Explain why you selected the method of service accumulation. Describe any scheduled maintenance you did. (g) List the specifications of the test fuel to show that it falls within the required ranges we specify in 40 CFR part 1065. (h) Identify the emission family's useful life. Describe the basis for selecting useful life values with respect to exhaust emissions (see § 1054.107). (i) Include the maintenance and warranty instructions you will give to the ultimate purchaser of each new engine (see §§ 1054.120 and 1054.125). Describe your basis for meeting the warranty-assurance provisions in § 1054.120(f). Describe your recall repair network if it is different than your warranty repair network. State that you will post a bond as specified in § 1054.120(f) and 1054.690 or describe why those requirements do not apply. (j) Include the emission-related installation instructions you will provide if someone else installs your engines in nonroad equipment (see § 1054.130). (k) Describe your emission control information label (see § 1054.135). (l) Identify the emission standards or FELs for the emission family. (m) Identify the emission family's deterioration factors and describe how you developed them (see § 1054.245). Present any emission test data you used for this. (n) State that you operated your emission-data engines as described in the application (including the test procedures, test parameters, and test fuels) to show you meet the requirements of this part. (o) Present emission data to show that you meet exhaust emission standards, as follows: (1) Present emission data for hydrocarbon (such as THC, THCE, or NMHC, as applicable), NO X (2) Note that §§ 1054.235 and 1054.245 allow you to submit an application in certain cases without new emission data. (p) Report test results as follows: (1) Report all valid test results involving measurement of pollutants for which emission standards apply. Also indicate whether there are test results from invalid tests or from any other tests of the emission-data engine, whether or not they were conducted according to the test procedures of subpart F of this part. We may require you to report these additional test results. We may ask you to send other information to confirm that your tests were valid under the requirements of this part and 40 CFR parts 1060 and 1065. (2) Report measured CO 2 2 4 2 4 (q) Describe all adjustable operating parameters (see § 1054.115(b)), including production tolerances. For any operating parameters that do not qualify as adjustable parameters, include a description supporting your conclusion (see 40 CFR 1068.50(c)). Include the following in your description of each adjustable parameter: (1) For practically adjustable parameters, include the nominal or recommended setting, the intended practically adjustable range, and the limits or stops used to establish adjustable ranges. State that the limits, stops, or other means of inhibiting adjustment are effective in preventing adjustment of parameters on in-use engines to settings outside your intended practically adjustable ranges and provide information to support this statement. (2) For programmable operating parameters, state that you have restricted access to electronic controls to prevent parameter adjustments on in-use engines that would allow operation outside the practically adjustable range. Describe how your engines are designed to prevent unauthorized adjustments. (r) Describe how your nonhandheld engines comply with emission standards at varying atmospheric pressures. Include a description of altitude kits you design to comply with the requirements of § 1054.115(c). Identify the part number of each component you describe. Identify the altitude range for which you expect proper engine performance and emission control with and without the altitude kit. State that your engines will comply with applicable emission standards throughout the useful life with the altitude kit installed according to your instructions. Describe any relevant testing, engineering analysis, or other information in sufficient detail to support your statement. In addition, describe your plan for making information and parts available such that you would reasonably expect that altitude kits would be widely used in the high-altitude counties specified in 40 CFR part 1068, Appendix III. For example, engine owners should have ready access to information describing when an altitude kit is needed and how to obtain this service. Similarly, parts and service information should be available to qualified service facilities in addition to authorized service centers if that is needed for owners to have such altitude kits installed locally. (s) If your engines are subject to handheld emission standards on the basis of meeting weight limitations described in the definition of “handheld” in § 1054.801, describe your analysis showing that you meet the applicable weight-related restrictions. (t) State whether your certification is limited for certain engines. If this is the case, describe how you will prevent use of these engines in applications for which they are not certified. This applies for engines such as the following: (1) Wintertime engines not certified to the specified HC + NO X (2) Two-stroke snowthrower engines using the provisions of § 1054.101(d). (u) Unconditionally certify that all the engines in the emission family comply with the requirements of this part, other referenced parts of the CFR, and the Clean Air Act. (v) Provide the following information about your plans for producing and selling engines: (1) Identify the estimated initial and final dates for producing engines from the engine family for the model year. (2) Identify the estimated date for initially introducing certified engines into U.S. commerce under this certificate. (3) Include good-faith estimates of U.S.-directed production volumes. Include a justification for the estimated production volumes if they are substantially different than actual production volumes in earlier years for similar models. Also indicate whether you expect the engine family to contain only nonroad engines, only stationary engines, or both. (w) State that you will post a bond as specified in § 1054.690 or describe why those requirements do not apply. (x) Include the information required by other subparts of this part. For example, include the information required by § 1054.725 if you participate in the ABT program and include the information required by § 1054.690 if you need to post a bond under that section. (y) Include other applicable information, such as information specified in this part or 40 CFR part 1068 related to requests for exemptions. (z) Name an agent for service located in the United States. Service on this agent constitutes service on you or any of your officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part. (aa) For imported engines or equipment, identify the following: (1) The port(s) at which you have imported your engines (or equipment containing your engines) over the previous 12 months. (2) The names and addresses of the agents you have authorized to import your engines or equipment. (3) The location of a test facility in the United States where you can test your engines if we select them for testing under a selective enforcement audit, as specified in 40 CFR part 1068, subpart E. [73 FR 59259, Oct. 8, 2008, as amended at 74 FR 56511, Oct. 30, 2009; 75 FR 23025, Apr. 30, 2010; 86 FR 34518, June 29, 2021; 88 FR 4667, Jan. 24, 2023] § 1054.210 May I get preliminary approval before I complete my application? If you send us information before you finish the application, we will review it and make any appropriate determinations, especially for questions related to emission family definitions, auxiliary emission control devices, deterioration factors, useful life, testing for service accumulation, maintenance, and delegated final assembly. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. We will generally not reverse a decision where we have given you preliminary approval, unless we find new information supporting a different decision. If you request preliminary approval related to the upcoming model year or the model year after that, we will make the appropriate determinations as soon as practicable. We will generally not provide preliminary approval related to a future model year more than two years ahead of time. § 1054.220 How do I amend my maintenance instructions? You may amend your emission-related maintenance instructions after you submit your application for certification as long as the amended instructions remain consistent with the provisions of § 1054.125. You must send the Designated Compliance Officer a written request to amend your application for certification for an engine family if you want to change the emission-related maintenance instructions in a way that could affect emissions. In your request, describe the proposed changes to the maintenance instructions. If operators follow the original maintenance instructions rather than the newly specified maintenance, this does not allow you to disqualify those engines from in-use testing or deny a warranty claim. (a) If you are decreasing or eliminating any specified maintenance, you may distribute the new maintenance instructions to your customers 30 days after we receive your request, unless we disapprove your request. This would generally include replacing one maintenance step with another. We may approve a shorter time or waive this requirement. (b) If your requested change would not decrease the specified maintenance, you may distribute the new maintenance instructions anytime after you send your request. For example, this paragraph (b) would cover adding instructions to increase the frequency of filter changes for engines in severe-duty applications. (c) You need not request approval if you are making only minor corrections (such as correcting typographical mistakes), clarifying your maintenance instructions, or changing instructions for maintenance unrelated to emission control. We may ask you to send us copies of maintenance instructions revised under this paragraph (c). [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23025, Apr. 30, 2010; 86 FR 34519, June 29, 2021] § 1054.225 How do I amend my application for certification? Before we issue you a certificate of conformity, you may amend your application to include new or modified engine or fuel-system configurations, subject to the provisions of this section. After we have issued your certificate of conformity, you may send us an amended application requesting that we include new or modified configurations within the scope of the certificate, subject to the provisions of this section. You must amend your application if any changes occur with respect to any information included in your application. (a) You must amend your application before you take any of the following actions: (1) Add an engine or fuel-system configuration to an emission family. In this case, the configuration added must be consistent with other configurations in the emission family with respect to the criteria listed in § 1054.230. (2) Change a configuration already included in an emission family in a way that may affect emissions, or change any of the components you described in your application for certification. This includes production and design changes that may affect emissions any time during the engine's lifetime. (3) Modify an FEL for an emission family with respect to exhaust emissions as described in paragraph (f) of this section. (b) To amend your application for certification, send the following relevant information to the Designated Compliance Officer. (1) Describe in detail the addition or change in the model or configuration you intend to make. (2) Include engineering evaluations or data showing that the amended emission family complies with all applicable requirements in this part. You may do this by showing that the original emission-data engine or emission-data equipment is still appropriate for showing that the amended family complies with all applicable requirements in this part. (3) If the original emission-data engine for the engine family is not appropriate to show compliance for the new or modified engine configuration, include new test data showing that the new or modified engine configuration meets the requirements of this part. (4) Include any other information needed to make your application correct and complete. (c) We may ask for more test data or engineering evaluations. You must give us these within 30 days after we request them. (d) For emission families already covered by a certificate of conformity, we will determine whether the existing certificate of conformity covers your new or modified configuration. You may ask for a hearing if we deny your request (see § 1054.820). (e) For emission families already covered by a certificate of conformity, you may start producing the new or modified configuration anytime after you send us your amended application and before we make a decision under paragraph (d) of this section. However, if we determine that the affected configurations do not meet applicable requirements, we will notify you to cease production of the configurations and may require you to recall the engine or equipment at no expense to the owner. Choosing to produce engines under this paragraph (e) is deemed to be consent to recall all engines or equipment that we determine do not meet applicable emission standards or other requirements and to remedy the nonconformity at no expense to the owner. If you do not provide information required under paragraph (c) of this section within 30 days after we request it, you must stop producing the new or modified engine or equipment. (f) You may ask us to approve a change to your FEL with respect to exhaust emissions in certain cases after the start of production. The changed FEL may not apply to engines you have already introduced into U.S. commerce, except as described in this paragraph (f). If we approve a changed FEL after the start of production, you must identify the month and year for applying the new FEL. You may ask us to approve a change to your FEL in the following cases: (1) You may ask to raise your FEL for your emission family at any time. In your request, you must show that you will still be able to meet the emission standards as specified in subparts B and H of this part. If you amend your application by submitting new test data to include a newly added or modified engine, as described in paragraph (b)(3) of this section, use the appropriate FELs with corresponding production volumes to calculate emission credits for the model year, as described in subpart H of this part. In all other circumstances, you must use the higher FEL for the entire family to calculate emission credits under subpart H of this part. (2) You may ask to lower the FEL for your emission family only if you have test data from production engines showing that emissions are below the proposed lower FEL. The lower FEL does not apply to engines you produce before the new FEL starts to apply, as specified in this paragraph (f). Use the appropriate FELs with corresponding production volumes to calculate emission credits for the model year, as described in subpart H of this part. (g) You may produce engines as described in your amended application for certification and consider those engines to be in a certified configuration if we approve a new or modified engine configuration during the model year under paragraph (d) of this section. Similarly, you may modify in-use engines as described in your amended application for certification and consider those engines to be in a certified configuration if we approve a new or modified engine configuration at any time under paragraph (d) of this section. Modifying a new or in-use engine to be in a certified configuration does not violate the tampering prohibition of 40 CFR 1068.101(b)(1), as long as this does not involve changing to a certified configuration with a higher family emission limit. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34519, June 29, 2021] § 1054.230 How do I select emission families? (a) For purposes of certification, divide your product line into families of engines that are expected to have similar emission characteristics throughout their useful life as described in this section. Your emission family is limited to a single model year. For evaporative emissions, group engines into emission families as described in 40 CFR 1060.230. (b) Group engines into the same emission family for exhaust emissions if they are the same in all the following aspects: (1) The combustion cycle and fuel. See paragraph (g) of this section for special provisions that apply for dual-fuel engines. (2) The cooling system (liquid-cooled vs. air-cooled). (3) Valve configuration (for example, side-valve vs. overhead valve). (4) Method of air aspiration (for example, turbocharged vs. naturally aspirated). (5) The number, location, volume, and composition of catalytic converters. (6) The number and arrangement of cylinders (such as in-line or vee configuration) and approximate total displacement. (7) Engine class, as defined in § 1054.801. (8) Method of control for engine operation, other than governing. For example, multi-cylinder engines with port fuel injection may not be grouped into an emission family with engines that have a single throttle-body injector or carburetor. (9) The numerical level of the applicable emission standards. For example, an emission family may not include engines certified to different family emission limits, though you may change family emission limits without recertifying as specified in § 1054.225. (10) Useful life. (c) You may subdivide a group that is identical under paragraph (b) of this section into different emission families if you show the expected emission characteristics are different during the useful life. (d) You may group engines that are not identical with respect to the things listed in paragraph (b) of this section into the same emission family, as follows: (1) In unusual circumstances, you may group such engines into the same emission family if you show that their emission characteristics during the useful life will be similar. (2) If you are a small-volume engine manufacturer, you may group any nonhandheld engines with the same useful life that are subject to the same emission standards into a single emission family. (3) The provisions of this paragraph (d) do not exempt any engines from meeting all the applicable standards and requirements in subpart B of this part. (e) Select test engines from the emission family as described in 40 CFR 1065.401. (f) You may combine engines from different classes into a single emission family under paragraph (d)(1) of this section if you certify the emission family to the more stringent set of standards from the two classes in that model year. (g) You may certify dual-fuel or flexible-fuel engines in a single engine family. You may include dedicated-fuel versions of this same engine model in the same engine family, as long as they are identical to the engine configuration with respect to that fuel type for the dual-fuel or flexible-fuel version of the engine. For example, if you produce an engine that can alternately run on gasoline and natural gas, you can include the gasoline-only and natural gas-only versions of the engine in the same engine family as the dual-fuel engine if engine operation on each fuel type is identical with or without installation of components for operating on the other fuel. [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23025, Apr. 30, 2010; 88 FR 4667, Jan. 24, 2023] § 1054.235 What testing requirements apply for certification? This section describes the exhaust emission testing you must perform to show compliance with the emission standards in §§ 1054.103 and 1054.105. See §§ 1054.240 and 1054.245 and 40 CFR part 1065, subpart E, regarding service accumulation before emission testing. (a) Select an emission-data engine from each engine family for testing as described in 40 CFR 1065.401. Select a configuration and set adjustable parameters in a way that is most likely to exceed the HC+NO X (b) Test your emission-data engines using the procedures and equipment specified in subpart F of this part. In the case of dual-fuel engines, measure emissions when operating with each type of fuel for which you intend to certify the engine. In the case of flexible-fuel engines, measure emissions when operating with the fuel mixture that is most likely to cause the engine to exceed the applicable HC+NO X (c) We may perform confirmatory testing by measuring emissions from any of your emission-data engines or other engines from the emission family, as follows: (1) We may decide to do the testing at your plant or any other facility. If we do this, you must deliver the engine to a test facility we designate. The engine you provide must include appropriate manifolds, aftertreatment devices, electronic control units, and other emission-related components not normally attached directly to the engine block. If we do the testing at your plant, you must schedule it as soon as possible and make available the instruments, personnel, and equipment we need. (2) If we measure emissions on one of your engines, the results of that testing become the official emission results for the engine. (3) We may set the adjustable parameters of your engine to any point within the physically adjustable ranges (see § 1054.115(b)). (4) Before we test one of your engines, we may calibrate it within normal production tolerances for anything we do not consider an adjustable parameter. For example, we may calibrate it within normal production tolerances for a parameter that is subject to production variability because it is adjustable during production, but is not considered an adjustable parameter (as defined in § 1054.801) because it is permanently sealed. (d) You may ask to use carryover emission data from a previous model year instead of doing new tests, but only if all the following are true: (1) The emission family from the previous model year differs from the current emission family only with respect to model year, items identified in § 1054.225(a), or other characteristics unrelated to emissions. We may waive this paragraph (d)(1) for differences we determine not to be relevant. (2) The emission-data engine from the previous model year remains the appropriate emission-data engine under paragraph (b) of this section. (3) The data show that the emission-data engine would meet all the requirements of this part that apply to the emission family covered by the application for certification. (e) We may require you to test another engine of the same or different configuration in addition to the engine(s) tested under paragraph (b) of this section. (f) If you use an alternate test procedure under 40 CFR 1065.10 and later testing shows that such testing does not produce results that are equivalent to the procedures specified in subpart F of this part, we may reject data you generated using the alternate procedure. (g) Measure CO 2 4 2 2 4 (1) Round CO 2 (2) Round N 2 (3) Round CH 4 [73 FR 59259, Oct. 8, 2008, as amended at 74 FR 56511, Oct. 30, 2009; 86 FR 34519, June 29, 2021] § 1054.240 How do I demonstrate that my emission family complies with exhaust emission standards? (a) For purposes of certification, your emission family is considered in compliance with the emission standards in § 1054.101(a) if all emission-data engines representing that family have test results showing official emission results and deteriorated emission levels at or below these standards. This paragraph (a) also applies for all test points for emission-data engines within the family used to establish deterioration factors. Note that your FELs are considered to be the applicable emission standards with which you must comply if you participate in the ABT program in subpart H of this part. (b) Your engine family is deemed not to comply if any emission-data engine representing that family has test results showing an official emission result or a deteriorated emission level for any pollutant that is above an applicable emission standard in subpart B of this part. This paragraph (b) also applies for all test points for emission-data engines within the family used to establish deterioration factors. (c) Determine a deterioration factor to compare emission levels from the emission-data engine with the applicable emission standards in subpart B of this part. Section 1054.245 specifies how to test engines to develop deterioration factors that represent the expected deterioration in emissions over your engines' full useful life. Calculate a multiplicative deterioration factor as described in § 1054.245(b). If the deterioration factor is less than one, use one. Specify the deterioration factor to one more significant figure than the emission standard. In the case of dual-fuel and flexible-fuel engines, apply deterioration factors separately for each fuel type. You may use assigned deterioration factors that we establish for up to 10,000 nonhandheld engines from small-volume emission families in each model year, except that small-volume engine manufacturers may use assigned deterioration factors for any or all of their engine families. (d) Determine the official emission result for each pollutant to at least one more decimal place than the applicable standard in subpart B of this part. Apply the deterioration factor to the official emission result, as described in § 1054.245(b), then round the adjusted figure to the same number of decimal places as the emission standard. Compare the rounded emission levels to the emission standard for each emission-data engine. In the case of HC+NO X (e) The provisions of this paragraph (e) apply only for engine families with a useful life at or below 300 hours. To apply the deterioration factor to engines other than the original emission-data engine, they must be operated for the same number of hours before starting emission measurements that you used for the original emission-data engine, within one hour. For example, if the original emission-data engine operated for 8 hours before the low-hour emission test, operate the other test engines for 7 to 9 hours before starting emission measurements. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34520, June 29, 2021] § 1054.245 How do I determine deterioration factors from exhaust durability testing? This section describes how to determine deterioration factors, either with pre-existing test data or with new emission measurements. (a) You may ask us to approve deterioration factors for an emission family based on emission measurements from similar engines if you have already given us these data for certifying other engines in the same or earlier model years. Use good engineering judgment to decide whether the two engines are similar. We will approve your request if you show us that the emission measurements from other engines reasonably represent in-use deterioration for the engine family for which you have not yet determined deterioration factors. (b) If you are unable to determine deterioration factors for an emission family under paragraph (a) of this section, select engines, subsystems, or components for testing. Determine deterioration factors based on service accumulation and related testing. Include consideration of wear and other causes of deterioration expected under typical consumer use. Determine deterioration factors as follows: (1) Measure emissions from the emission-data engine at a low-hour test point, at the midpoint of the useful life, and at the end of the useful life, except as specifically allowed by this paragraph (b). You may test at additional evenly spaced intermediate points. Collect emission data using measurements to at least one more decimal place than the emission standard in subpart B of this part. (2) Operate the engine over a duty cycle that is representative of in-use operation for a period at least as long as the useful life (in hours). You may operate the engine continuously. You may also use an engine installed in nonroad equipment to accumulate service hours instead of running the engine only in the laboratory. (3) In the case of dual-fuel or flexible-fuel engines, you may accumulate service hours on a single emission-data engine using the type or mixture of fuel expected to have the highest combustion and exhaust temperatures; you may ask us to approve a different fuel mixture for flexible-fuel engines if you demonstrate that a different criterion is more appropriate. For dual-fuel engines, you must measure emissions on each fuel type at each test point, either with separate engines dedicated to a given fuel, or with different configurations of a single engine. (4) You may perform maintenance on emission-data engines as described in § 1054.125 and 40 CFR part 1065, subpart E. If you change one or more spark plugs on an emission-data engine as allowed under § 1054.125, you must measure emissions before and after this maintenance. If you clean or change an air filter on an emission-data engine as allowed under § 1054.125, you must measure emissions before and after every second time you perform this maintenance. Use the average values from these two measurements to calculate deterioration factors. The emission-data engine must meet applicable emission standards before and after maintenance to be considered in compliance, as described in § 1054.240(a) and (b). (5) Calculate your deterioration factor using a linear least-squares fit of your test data but treat the low-hour test point as occurring at hour zero. Your deterioration factor is the ratio of the calculated emission level at the point representing the full useful life to the calculated emission level at zero hours, expressed to one more significant figure than the emission standard in subpart B of this part. (6) If you test more than one engine to establish deterioration factors, average the deterioration factors from all the engines before rounding. (7) If your durability engine fails between 80 percent and 100 percent of useful life, you may use the last emission measurement as the test point representing the full useful life, provided it occurred after at least 80 percent of the useful life. (8) If your useful life is 1,000 hours or longer, and your durability engine fails between 50 percent and 100 percent of useful life, you may extrapolate your emission results to determine the emission level representing the full useful life, provided emissions were measured at least once after 50 percent of the useful life. (9) Use good engineering judgment for all aspects of the effort to establish deterioration factors under this paragraph (b). (10) You may use other testing methods to determine deterioration factors, consistent with good engineering judgment, as long as we approve those methods in advance. (c) If you qualify for using assigned deterioration factors under § 1054.240, determine the deterioration factors as follows: (1) For two-stroke engines without aftertreatment, use a deterioration factor of 1.1 for HC, NO X X X (2) For Class 2 engines with aftertreatment, use a deterioration factor of 1.0 for NO X X Where: NE = engine-out emission levels (pre-catalyst) from the low-hour test result for a given pollutant, in g/kW-hr. EDF = the deterioration factor specified in paragraph (c)(1) of this section for the type of engine for a given pollutant. CC = the catalyst conversion from the low-hour test, in g/kW-hr. This is the difference between the official emission result and NE. F = 1.0 for NO X (3) Combine separate deterioration factors for HC and NO X X (d) Include the following information in your application for certification: (1) If you determine your deterioration factors based on test data from a different emission family, explain why this is appropriate and include all the emission measurements on which you base the deterioration factor. (2) If you do testing to determine deterioration factors, describe the form and extent of service accumulation, including the method you use to accumulate hours. (3) If you calculate deterioration factors under paragraph (c) of this section, identify the parameters and variables you used for the calculation. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34520, June 29, 2021] § 1054.250 What records must I keep and what reports must I send to EPA? (a) Send the Designated Compliance Officer information related to your U.S.-directed production volumes as described in § 1054.345. In addition, within 45 days after the end of the model year, you must send us a report describing information about engines you produced during the model year as follows: (1) State the total production volume for each engine family that is not subject to reporting under § 1054.345. (2) State the total production volume for any engine family for which you produce engines after completing the reports required in § 1054.345. (3) [Reserved] (4) For production volumes you report under this paragraph (a), identify whether or not the figures include California sales. Include a separate count of production volumes for California sales if those figures are available. (b) Organize and maintain the following records: (1) A copy of all applications and any summary information you send us. (2) Any of the information we specify in § 1054.205 that you were not required to include in your application. (3) A detailed history of all emission-data engines. For each engine, describe all of the following: (i) The emission-data engine's construction, including its origin and buildup, steps you took to ensure that it represents production engines, any components you built specially for it, and all the components you include in your application for certification. (ii) How you accumulated engine operating hours (service accumulation), including the dates and the number of hours accumulated. (iii) All maintenance, including modifications, parts changes, and other service, and the dates and reasons for the maintenance. (iv) All your emission tests (valid and invalid), including the date and purpose of each test and documentation of test parameters as specified in part 40 CFR part 1065. (v) All tests to diagnose engine or emission control performance, giving the date and time of each and the reasons for the test. (vi) Any other significant events. (4) Production figures for each emission family divided by assembly plant. (5) Keep a list of engine identification numbers for all the engines you produce under each certificate of conformity. (c) Keep required data from emission tests and all other information specified in this section for eight years after we issue your certificate. If you use the same emission data or other information for a later model year, the eight-year period restarts with each year that you continue to rely on the information. (d) Store these records in any format and on any media as long as you can promptly send us organized, written records in English if we ask for them. You must keep these records readily available. We may review them at any time. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34520, June 29, 2021] § 1054.255 What decisions may EPA make regarding a certificate of conformity? (a) If we determine an application is complete and shows that the emission family meets all the requirements of this part and the Clean Air Act, we will issue a certificate of conformity for the emission family for that model year. We may make the approval subject to additional conditions. (b) We may deny an application for certification if we determine that an emission family fails to comply with emission standards or other requirements of this part or the Clean Air Act. We will base our decision on all available information. If we deny an application, we will explain why in writing. (c) In addition, we may deny your application or suspend or revoke a certificate of conformity if you do any of the following: (1) Refuse to comply with any testing, reporting, or bonding requirements in this part. (2) Submit false or incomplete information. This includes doing anything after submitting an application that causes submitted information to be false or incomplete. (3) Cause any test data to become inaccurate. (4) Deny us from completing authorized activities (see 40 CFR 1068.20). This includes a failure to provide reasonable assistance. (5) Produce engines or equipment for importation into the United States at a location where local law prohibits us from carrying out authorized activities. (6) Fail to supply requested information or amend an application to include all engines or equipment being produced. (7) Take any action that otherwise circumvents the intent of the Clean Air Act or this part. (d) We may void a certificate of conformity if you fail to keep records, send reports, or give us information as required under this part or the Clean Air Act. Note that these are also violations of 40 CFR 1068.101(a)(2). (e) We may void a certificate of conformity if we find that you intentionally submitted false or incomplete information. This includes doing anything after submitting your application that causes the submitted information to be false or incomplete. (f) If we deny an application or suspend, revoke, or void a certificate of conformity, you may ask for a hearing (see § 1054.820). [86 FR 34521, June 29, 2021] Subpart D—Production-line Testing § 1054.300 Applicability. This subpart specifies requirements for engine manufacturers to test their production engines for exhaust emissions to ensure that the engines are being produced as described in the application for certification. The production-line verification described in 40 CFR part 1060, subpart D, applies for equipment and components for evaporative emissions. § 1054.301 When must I test my production-line engines? (a) If you produce engines that are subject to the requirements of this part, you must test them as described in this subpart, except as follows: (1) Small-volume engine manufacturers may omit testing under this subpart. (2) We may exempt small-volume emission families from routine testing under this subpart. Submit your request for approval as described in § 1054.210. In your request, describe your basis for projecting a production volume below 5,000 units. We will approve your request if we agree that you have made good-faith estimates of your production volumes. You must promptly notify us if your actual production exceeds 5,000 units during the model year. If you exceed the production limit or if there is evidence of a nonconformity, we may require you to test production-line engines under this subpart, or under 40 CFR part 1068, subpart E, even if we have approved an exemption under this paragraph (a)(2). (b) We may suspend or revoke your certificate of conformity for certain engine families if your production-line engines do not meet the requirements of this part or you do not fulfill your obligations under this subpart (see §§ 1054.325 and 1054.340). (c) Other regulatory provisions authorize us to suspend, revoke, or void your certificate of conformity, or order recalls for engine families, without regard to whether they have passed these production-line testing requirements. The requirements of this subpart do not affect our ability to do selective enforcement audits, as described in 40 CFR part 1068. Individual engines in families that pass these production-line testing requirements must also conform to all applicable regulations of this part and 40 CFR part 1068. (d) You may use alternate programs for testing production-line engines in the following circumstances: (1) You may use analyzers and sampling systems that meet the field-testing requirements of 40 CFR part 1065, subpart J, but not the otherwise applicable requirements in 40 CFR part 1065 for laboratory testing, to demonstrate compliance with emission standards if you double the minimum sampling rate specified in § 1054.310(b). Use measured test results to determine whether engines comply with applicable standards without applying a measurement allowance. This alternate program does not require prior approval but we may disallow use of this option where we determine that use of field-grade equipment would prevent you from being able to demonstrate that your engines are being produced to conform to the specifications in your application for certification. (2) You may ask to use another alternate program for testing production-line engines. In your request, you must show us that the alternate program gives equal assurance that your products meet the requirements of this part. We may waive some or all of this subpart's requirements if we approve your alternate approach. For example, in certain circumstances you may be able to give us equal assurance that your products meet the requirements of this part by using less rigorous measurement methods if you offset that by increasing the number of test engines. (e) If you certify an engine family with carryover emission data, as described in § 1054.235(d), and these equivalent engine families consistently pass the production-line testing requirements over the preceding two-year period, you may ask for a reduced testing rate for further production-line testing for that family. The minimum testing rate is one engine per engine family. If we reduce your testing rate, we may limit our approval to any number of model years. In determining whether to approve your request, we may consider the number of engines that have failed the emission tests. (f) We may ask you to make a reasonable number of production-line engines available for a reasonable time so we can test or inspect them for compliance with the requirements of this part. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34521, June 29, 2021] § 1054.305 How must I prepare and test my production-line engines? This section describes how to prepare and test production-line engines. You must assemble the test engine in a way that represents the assembly procedures for other engines in the engine family. You must ask us to approve any deviations from your normal assembly procedures for other production engines in the engine family. (a) Test procedures. (b) Modifying a test engine. (1) You document the need for doing so in your procedures for assembling and inspecting all your production engines and make the action routine for all the engines in the engine family. (2) This subpart otherwise specifically allows your action. (3) We approve your action in advance. (c) Engine malfunction. (d) Setting adjustable parameters. (1) [Reserved] (2) We may specify adjustments within the physically adjustable range by considering their effect on emission levels. We may also consider how likely it is that someone will make such an adjustment with in-use equipment. (3) We may specify an air-fuel ratio within the adjustable range specified in § 1054.115(b). (e) Stabilizing emission levels. (1) For engine families with a useful life at or below 300 hours, operate the engine for the same number of hours before starting emission measurements that you used for the emission-data engine, within one hour. For example, if the emission-data engine operated for 8 hours before the low-hour emission test, operate the test engines for 7 to 9 hours before starting emission measurements. (2) For engine families with a useful life above 300 hours, operate each engine for no more than the greater of two periods: (i) 12 hours. (ii) The number of hours you operated your emission-data engine for certifying the engine family (see 40 CFR part 1065, subpart E, or the applicable regulations governing how you should prepare your test engine). (f) Damage during shipment. (g) Retesting after invalid tests. § 1054.310 How must I select engines for production-line testing? (a) Test engines from each engine family as described in this section based on test periods, as follows: (1) For engine families with projected U.S.-directed production volume of at least 1,600, the test periods are defined as follows: (i) If your annual production period is 120 days or less, the whole model year constitutes a single test period. (ii) If your annual production period is 121 to 210 days, divide the annual production period evenly into two test periods. (iii) If your annual production period is 211 to 300 days, divide the annual production period evenly into three test periods. (iv) If your annual production period is 301 days or longer, divide the annual production period evenly into four test periods. For example, if your annual production period is 392 days (56 weeks), divide the annual production period into four test periods of 98 days (14 weeks). (2) For engine families with projected U.S.-directed production volume below 1,600, the whole model year constitutes a single test period. (b) Early in each test period, randomly select and test an engine from the end of the assembly line for each engine family. (1) In the first test period for newly certified engines, randomly select and test one more engine. Then, calculate the required sample size for the model year as described in paragraph (c) of this section. (2) In later test periods of the same model year, combine the new test result with all previous testing in the model year. Then, calculate the required sample size for the model year as described in paragraph (c) of this section. (3) In the first test period for engine families relying on previously submitted test data, combine the new test result with the last test result from the previous model year. Then, calculate the required sample size for the model year as described in paragraph (c) of this section. Use the last test result from the previous model year only for this first calculation. For all subsequent calculations, use only results from the current model year. (c) Calculate the required sample size for each engine family. Separately calculate this figure for HC + NO X Where: N = Required sample size for the model year. t 95 σ = Test sample standard deviation (see paragraph (c)(2) of this section). x = Mean of emission test results of the sample. STD = Emission standard (or family emission limit, if applicable). (1) Determine the 95% confidence coefficient, t 95 n t 95 n t 95 n t 95 2 6.31 12 1.80 22 1.72 3 2.92 13 1.78 23 1.72 4 2.35 14 1.77 24 1.71 5 2.13 15 1.76 25 1.71 6 2.02 16 1.75 26 1.71 7 1.94 17 1.75 27 1.71 8 1.90 18 1.74 28 1.70 9 1.86 19 1.73 29 1.70 10 1.83 20 1.73 30 1.70 11 1.81 21 1.72 31 + 1.65 (2) Calculate the standard deviation, σ, for the test sample using the following formula: Where: X i n = The number of tests completed in an engine family. (d) Use final deteriorated test results to calculate the variables in the equations in paragraph (c) of this section (see § 1054.315(a)(2)). (e) After each new test, recalculate the required sample size using the updated mean values, standard deviations, and the appropriate 95-percent confidence coefficient. (f) Distribute the remaining engine tests evenly throughout the rest of the year. You may need to adjust your schedule for selecting engines if the required sample size changes. If your scheduled quarterly testing for the remainder of the model year is sufficient to meet the calculated sample size, you may wait until the next quarter to do additional testing. Continue to randomly select engines from each engine family. (g) Continue testing until one of the following things happens: (1) After completing the minimum number of tests required in paragraph (b) of this section, the number of tests completed in an engine family, n, is greater than the required sample size, N, and the sample mean, x, is less than or equal to the emission standard. For example, if N = 5.1 after the fifth test, the sample-size calculation does not allow you to stop testing. (2) The engine family does not comply according to § 1054.315. (3) You test 30 engines from the engine family. (4) You test one percent of your projected annual U.S.-directed production volume for the engine family, rounded to the nearest whole number. Do not count an engine under this paragraph (g)(4) if it fails to meet an applicable emission standard. (5) You choose to declare that the engine family does not comply with the requirements of this subpart. (h) If the sample-size calculation allows you to stop testing for one pollutant but not another, you must continue measuring emission levels of all pollutants for any additional tests required under this section. However, you need not continue making the calculations specified in this subpart for the pollutant for which testing is not required. This paragraph (h) does not affect the number of tests required under this section, the required calculations in § 1054.315, or the remedial steps required under § 1054.320. (i) You may elect to test more randomly chosen engines than we require under this section. Include these engines in the sample-size calculations. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34521, June 29, 2021] § 1054.315 How do I know when my engine family fails the production-line testing requirements? This section describes the pass-fail criteria for the production-line testing requirements. We apply these criteria on an emission-family basis. See § 1054.320 for the requirements that apply to individual engines that fail a production-line test. (a) Calculate your test results as follows: (1) Initial and final test results. (2) Final deteriorated test results. (3) Round deteriorated test results. (b) Construct the following CumSum Equation for each engine family for HC + NO X C i i-1 i Where: C i C i-1 1 X i STD = Emission standard (or family emission limit, if applicable). (c) Use final deteriorated test results to calculate the variables in the equation in paragraph (b) of this section (see § 1054.315(a)). (d) After each new test, recalculate the CumSum statistic. (e) If you test more than the required number of engines, include the results from these additional tests in the CumSum Equation. (f) After each test, compare the current CumSum statistic, C i (g) If the CumSum statistic exceeds the Action Limit in two consecutive tests, the engine family fails the production-line testing requirements of this subpart. Tell us within ten working days if this happens. You may request to amend the application for certification to raise the FEL of the entire engine family as described in § 1054.225(f). (h) If you amend the application for certification for an engine family under § 1054.225, do not change any previous calculations of sample size or CumSum statistics for the model year. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34521, June 29, 2021] § 1054.320 What happens if one of my production-line engines fails to meet emission standards? (a) If you have a production-line engine with final deteriorated test results exceeding one or more emission standards (see § 1054.315(a)), the certificate of conformity is automatically suspended for that failing engine. You must take the following actions before your certificate of conformity can cover that engine: (1) Correct the problem and retest the engine to show it complies with all emission standards. (2) Include the test results and describe the remedy for each engine in the written report required under § 1054.345. (b) You may request to amend the application for certification to raise the FEL of the entire engine family at this point (see § 1054.225). (c) Use test data from a failing engine for the compliance demonstration under § 1054.315 as follows: (1) Use the original, failing test results as described in § 1054.315, whether or not you modify the engine or destroy it. (2) Do not use test results from a modified engine as final test results under § 1054.315, unless you change your production process for all engines to match the adjustments you made to the failing engine. If this occurs, count the modified engine as the next engine in the sequence, rather than averaging the results with the testing that occurred before modifying the engine. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34521, June 29, 2021] § 1054.325 What happens if an engine family fails the production-line testing requirements? (a) We may suspend your certificate of conformity for an engine family if it fails under § 1054.315. The suspension may apply to all facilities producing engines from an engine family even if you find noncompliant engines only at one facility. (b) We will tell you in writing if we suspend your certificate in whole or in part. We will not suspend a certificate until at least 15 days after the engine family fails. The suspension is effective when you receive our notice. (c) Up to 15 days after we suspend the certificate for an engine family, you may ask for a hearing (see § 1054.820). If we agree before a hearing occurs that we used erroneous information in deciding to suspend the certificate, we will reinstate the certificate. (d) Section 1054.335 specifies steps you must take to remedy the cause of the engine family's production-line failure. All the engines you have produced since the end of the last test period are presumed noncompliant and should be addressed in your proposed remedy. We may require you to apply the remedy to engines produced earlier if we determine that the cause of the failure is likely to have affected the earlier engines. (e) You may request to amend the application for certification to raise the FEL of the engine family before or after we suspend your certificate as described in § 1054.225(f). We will approve your request if the failure is not caused by a defect and it is clear that you used good engineering judgment in establishing the original FEL. § 1054.330 May I sell engines from an engine family with a suspended certificate of conformity? You may sell engines that you produce after we suspend the engine family's certificate of conformity under § 1054.315 only if one of the following occurs: (a) You test each engine you produce and show it complies with emission standards that apply. (b) We conditionally reinstate the certificate for the engine family. We may do so if you agree to recall all the affected engines and remedy any noncompliance at no expense to the owner if later testing shows that the engine family still does not comply. § 1054.335 How do I ask EPA to reinstate my suspended certificate? (a) Send us a written report asking us to reinstate your suspended certificate. In your report, identify the reason for noncompliance, propose a remedy for the engine family, and commit to a date for carrying it out. In your proposed remedy include any quality control measures you propose to keep the problem from happening again. (b) Give us data from production-line testing that shows the remedied engine family complies with all the emission standards that apply. § 1054.340 When may EPA revoke my certificate under this subpart and how may I sell these engines again? (a) We may revoke your certificate for an engine family in the following cases: (1) You do not meet the reporting requirements. (2) Your engine family fails to comply with the requirements of this subpart and your proposed remedy to address a suspended certificate under § 1054.335 is inadequate to solve the problem or requires you to change the engine's design or emission control system. (b) To sell engines from an engine family with a revoked certificate of conformity, you must modify the engine family and then show it complies with the requirements of this part. (1) If we determine your proposed design change may not control emissions for the engine's full useful life, we will tell you within five working days after receiving your report. In this case we will decide whether production-line testing will be enough for us to evaluate the change or whether you need to do more testing. (2) Unless we require more testing, you may show compliance by testing production-line engines as described in this subpart. (3) We will issue a new or updated certificate of conformity when you have met these requirements. § 1054.345 What production-line testing records must I send to EPA? (a) Within 45 days of the end of each test period, send us a report with the following information: (1) Describe any facility used to test production-line engines and state its location. (2) State the total U.S.-directed production volume and number of tests for each engine family. (3) Describe how you randomly selected engines. (4) Describe each test engine, including the engine family's identification and the engine's model year, build date, model number, identification number, and number of hours of operation before testing. (5) Identify how you accumulated hours of operation on the engines and describe the procedure and schedule you used. (6) Provide the test number; the date, time and duration of testing; test procedure; all initial test results; final test results; and final deteriorated test results for all tests. Provide the emission results for all measured pollutants. Include information for both valid and invalid tests and the reason for any invalidation. (7) Describe completely and justify any nonroutine adjustment, modification, repair, preparation, maintenance, or test for the test engine if you did not report it separately under this subpart. Include the results of any emission measurements, regardless of the procedure or type of engine. (8) Provide the CumSum analysis required in § 1054.315 and the sample-size calculation required in § 1054.310 for each engine family. (9) Report on each failed engine as described in § 1054.320. (10) State the date the test period ended for each engine family. (b) We may ask you to add information to your written report so we can determine whether your new engines conform with the requirements of this subpart. We may also ask you to send less information. (c) An authorized representative of your company must sign the following statement: We submit this report under sections 208 and 213 of the Clean Air Act. Our production-line testing conformed completely with the requirements of 40 CFR part 1054. We have not changed production processes or quality-control procedures for test engines in a way that might affect emission controls. All the information in this report is true and accurate to the best of my knowledge. I know of the penalties for violating the Clean Air Act and the regulations. (Authorized Company Representative) (d) Send electronic reports of production-line testing to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver. (e) We will send copies of your reports to anyone from the public who asks for them. Section 1054.815 describes how we treat information you consider confidential. § 1054.350 What records must I keep? (a) Organize and maintain your records as described in this section. We may review your records at any time. (b) Keep paper or electronic records of your production-line testing for eight years after you complete all the testing required for an engine family in a model year. (c) Keep a copy of the written reports described in § 1054.345. (d) Keep the following additional records: (1) A description of all test equipment for each test cell that you can use to test production-line engines. (2) The names of supervisors involved in each test. (3) The name of anyone who authorizes adjusting, repairing, preparing, or modifying a test engine and the names of all supervisors who oversee this work. (4) If you shipped the engine for testing, the date you shipped it, the associated storage or port facility, and the date the engine arrived at the testing facility. (5) Any records related to your production-line tests that are not in the written report. (6) A brief description of any significant events during testing not otherwise described in the written report or in this section. (7) Any information specified in § 1054.345 that you do not include in your written reports. (e) If we ask, you must give us a more detailed description of projected or actual production figures for an engine family. We may ask you to divide your production figures by maximum engine power, displacement, fuel type, or assembly plant (if you produce engines at more than one plant). (f) Keep records of the engine identification number for each engine you produce under each certificate of conformity. You may identify these numbers as a range. Give us these records within 30 days if we ask for them. (g) We may ask you to keep or send other information necessary to implement this subpart. Subpart E—In-use Testing § 1054.401 General provisions. We may perform in-use testing of any engines or equipment subject to the standards of this part. We will consult with you as needed for information or special equipment related to testing your engines. Subpart F—Test Procedures § 1054.501 How do I run a valid emission test? (a) Applicability. (b) General requirements. (1) Measure the emissions of all exhaust constituents subject to emission standards as specified in § 1054.505 and 40 CFR part 1065. Measure CO 2 2 4 (2) Use the appropriate fuels and lubricants specified in 40 CFR part 1065, subpart H, for all the testing we require in this part. Gasoline test fuel must meet the specifications in 40 CFR 1065.710(c), except as specified in § 1054.145(n) and 40 CFR 1065.10 and 1065.701. Use gasoline specified for general testing except as specified in paragraph (d) of this section. For service accumulation, use the test fuel or any commercially available fuel that is representative of the fuel that in-use engines will use. Note that § 1054.145(n) allows for testing with gasoline test fuels specified by the California Air Resources Board for any individual engine family. (3) Ambient conditions for duty-cycle testing must be within ranges specified in 40 CFR 1065.520, subject to the provisions of § 1054.115(c). (i) Corrections. (ii) Intake air temperature. (4) The provisions of 40 CFR 1065.405 describe how to prepare an engine for testing. However, you may consider emission levels stable without measurement after 12 hours of engine operation, except for the following special provisions that apply for engine families with a useful life of 300 hours or less: (i) We will not approve a stabilization period longer than 12 hours even if you show that emissions are not yet stabilized. (ii) Identify the number of hours you use to stabilize engines for low-hour emission measurements. You may consider emissions stable at any point less than 12 hours. For example, you may choose a point at which emission levels reach a low value before the effects of deterioration are established. (5) Prepare your engines for testing by installing a governor that you normally use on production engines, consistent with §§ 1054.235(b) and 1054.505. (6) During testing, supply the engine with fuel in a manner consistent with how it will be supplied with fuel in use. If you sell engines with complete fuel systems and your production engines will be equipped with a vapor line that routes running loss vapors into the engine's intake system, measure exhaust emissions using a complete fuel system representing a production configuration that sends fuel vapors to the test engine's intake system in a way that represents the expected in-use operation. You may alternatively demonstrate by engineering analysis that your engines will continue to meet emission standards for any amount of running loss vapor that can reasonably be expected during in-use operation. (7) Determine your test fuel's carbon mass fraction, w c, α β (c) Special and alternate procedures. (1) If you are unable to run the test cycle specified in this part for your engine, use an alternate test cycle that will result in a cycle-weighted emission measurement equivalent to the expected average in-use emissions. This cycle must be approved under 40 CFR 1065.10. (2) Describe in your application for certification any specially designed fixtures or other hardware if they are needed for proper testing of your engines. (Note: You do not need to specify the size or performance characteristics of engine dynamometers.) You must send us these fixtures or other hardware if we ask for them. We may waive the requirement of § 1054.205(aa) to identify a test facility in the United States for such engine families as long as the projected U.S.-directed production volume of all your engine families using the provisions of this paragraph (c)(2) is less than 5 percent of your total production volume from all engine families certified under this part 1054. (d) Wintertime engines. [73 FR 59259, Oct. 8, 2008, as amended at 74 FR 56511, Oct. 30, 2009; 78 FR 36397, June 17, 2013; 80 FR 9114, Feb. 19, 2015; 86 FR 34522, June 29, 2021; 89 FR 29794, Apr. 22, 2024] § 1054.505 How do I test engines? (a) This section describes how to test engines under steady-state conditions. We may also perform other testing as allowed by the Clean Air Act. Sample emissions separately for each mode, then calculate an average emission level for the whole cycle using the weighting factors specified for each mode. Control engine speed as specified in this section. Use one of the following methods for confirming torque values for nonhandheld engines: (1) Calculate torque-related cycle statistics and compare with the established criteria as specified in 40 CFR 1065.514 to confirm that the test is valid. (2) Evaluate each mode separately to validate the duty cycle. All torque feedback values recorded during non-idle sampling periods must be within ±2 percent of the reference value or within ±0.27 N·m of the reference value, whichever is greater. Also, the mean torque value during non-idle sampling periods must be within ±1 percent of the reference value or ±0.12 N·m of the reference value, whichever is greater. Control torque during idle as specified in paragraph (c) of this section. (b) Measure emissions by testing engines on a dynamometer with the test procedures for constant-speed engines in 40 CFR part 1065 while using the steady-state duty cycles identified in this paragraph (b) to determine whether it meets the exhaust emission standards specified in § 1054.101(a). This paragraph (b) applies for all engines, including those not meeting the definition of “constant-speed engine” in 40 CFR 1065.1001. (1) For handheld engines, use the two-mode duty cycle described in paragraph (a) of Appendix II of this part. Establish an engine's rated speed as follows: (i) For ungoverned handheld engines used in fixed-speed applications all having approximately the same nominal in-use operating speed, hold engine speed within 350 rpm of the nominal speed for testing. We may allow you to include in your engine family, without additional testing, a small number of engines that will be installed such that they have a different nominal speed. If your engine family includes a majority of engines with approximately the same nominal in-use operating speed and a substantial number of engines with different nominal speeds, you must test engines as specified in this paragraph (b)(1)(i) and paragraph (b)(1)(ii) of this section. (ii) For ungoverned handheld engines for which there is not a dominant value for nominal in-use operating speeds, hold engine speed within 350 rpm of the point at which the engine generates maximum power. (iii) For governed handheld engines, hold engine speed at maximum test speed, as defined in 40 CFR 1065.1001. (2) For nonhandheld engines designed to idle, use the six-mode duty cycle described in paragraph (b)(1) of appendix II of this part; use the five-mode duty cycle described in paragraph (b)(2) of appendix II of this part for engines that are not designed to idle. If an engine family includes engines designed to idle and engines not designed to idle, include in the application for certification the test results for the duty cycle that will result in worst-case HC+NO X (c) During idle mode for nonhandheld engines, operate the engine with the following parameters: (1) Allow the engine to operate at the idle speed determined by the installed governor. If any production engines from the engine family have a user-selectable idle speed, operate the engine with an installed governor that controls engine speed to the lowest available speed setting. (2) Keep engine torque under 5 percent of the nominal torque value for Mode 1. (3) You must conduct testing at the idle mode even if the allowable torque values overlap with those for another specified mode. (d) During full-load operation for nonhandheld engines, operate the engine with the following parameters: (1) Select an engine speed for testing as follows: (i) For engines with a governed speed at full load between 2700 and 4000 rpm, select appropriate test speeds for the emission family. If all the engines in the emission family are used in intermediate-speed equipment, select a test speed of 3060 rpm. The test associated with intermediate-speed operation is referred to as the A Cycle. If all the engines in the emission family are used in rated-speed equipment, select a test speed of 3600 rpm. The test associated with rated-speed operation is referred to as the B Cycle. If an emission family includes engines used in both intermediate-speed equipment and rated-speed equipment, measure emissions at test speeds of both 3060 and 3600 rpm. In unusual circumstances, you may ask to use a test speed different than that specified in this paragraph (d)(1)(i) if it better represents in-use operation. (ii) For engines with a governed speed below 2700 or above 4000 rpm, ask us to approve one or more test speeds to represent those engines using the provisions for special procedures in 40 CFR 1065.10(c)(2). (2) Operate the engine ungoverned at wide-open throttle at the test speed established in paragraph (d)(1) of this section until the engine reaches thermal stability as described in 40 CFR 1065.530(a)(2)(ii). Record the torque value after stabilization. Use this value for the full-load torque setting and for denormalizing the rest of the duty cycle. (3) Control engine speed during emission sampling to stay within 5 percent of the nominal speed identified in paragraph (d)(1) of this section. (4) The provisions of this paragraph (d) apply instead of the engine mapping procedures in 40 CFR 1065.510. [73 FR 59259, Oct. 8, 2008, as amended at 79 FR 23751, Apr. 28, 2014; 86 FR 34522, June 29, 2021; 88 FR 4667, Jan. 24, 2023] § 1054.520 What testing must I perform to establish deterioration factors? Sections 1054.240 and 1054.245 describe the required methods for testing to establish deterioration factors for an emission family. Subpart G—Special Compliance Provisions § 1054.601 What compliance provisions apply? (a) Engine and equipment manufacturers, as well as owners, operators, and rebuilders of engines subject to the requirements of this part, and all other persons, must observe the provisions of this part, the requirements and prohibitions in 40 CFR part 1068, and the provisions of the Clean Air Act. (b) Note that the provisions of 40 CFR 1068.103(f) prohibit engine manufacturers from deviating from normal production and inventory practices to stockpile engines with a date of manufacture before new or changed emission standards take effect. If your normal practice for producing engines subject to this part 1054 includes maintaining engines in inventory for some engine families for more than 12 months, you must get our prior approval to continue this practice for model years in which emission standards change. Include in your request information showing that this is necessary and it is consistent with your normal business practice. Unless we specify otherwise, include relevant inventory and production records from the preceding eight years. Note that 40 CFR 1068.103(f) applies to any engines inventoried beyond your normal practice and authorizes us to review your records to verify your normal practices, whether or not you maintain the engines in inventory for more than 12 months. (c) The provisions of 40 CFR 1068.215 apply for cases in which the manufacturer takes possession of engines for purposes of recovering components as described in this paragraph (c). Note that this paragraph (c) does not apply for certified engines that still have the emission control information label since such engines do not need an exemption. (1) You must label the engine as specified in 40 CFR 1068.215(c)(3), except that the label may be removable as specified in 40 CFR 1068.45(b). (2) You may not resell the engine. For components other than the engine block, you may generate revenue from the sale of the components that you recover, or from the sale of new engines containing these components. You may also use components other than the engine block for engine rebuilds as otherwise allowed under the regulations. You may use the engine block from an engine that is exempted under this paragraph (c) only to make a new engine, and then only where such an engine has a separate identity from the original engine. (3) Once the engine has reached its final destination, you may stop collecting records describing the engine's final disposition and how you use the engine. This does not affect the requirement to maintain the records you have already collected under 40 CFR 1068.215. This also does not affect the requirement to maintain records for new engines. (d) Subpart C of this part describes how to test and certify dual-fuel and flexible-fuel engines. Some multi-fuel engines may not fit the definitions in this part of either dual-fuel or flexible-fuel. For such engines, we will determine whether it is most appropriate to treat them as single-fuel engines, dual-fuel engines, or flexible-fuel engines based on the range of possible and expected fuel mixtures. [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23025, Apr. 30, 2010; 86 FR 34522, June 29, 2021] § 1054.610 What is the exemption for delegated final assembly? The provisions of 40 CFR 1068.261 related to delegated final assembly do not apply for handheld engines certified under this part 1054. The provisions of 40 CFR 1068.261 apply for nonhandheld engines, with the following exceptions and clarifications: (a) Through the 2014 model year, you may use the provisions of this section for engines you sell to a distributor, where you establish a contractual arrangement in which you designate the distributor to be your agent in all matters related to compliance with the requirements of this section. Identify each of the distributors you intend to designate as your agent under this paragraph (a) in your application for certification. You may continue to use the provisions of this paragraph (a) this for later model years for specific distributors if we approve it based on your clear and convincing demonstration that each distributor can be expected to comply fully with the requirements of this section and 40 CFR 1068.261. We may set additional conditions beyond the provisions specified in this section to ensure that all engines will be in a certified configuration when installed by the equipment manufacturer. (b) If you identify distributors as your agents under paragraph (a) of this section, you must perform or arrange for audits of all participating distributors and equipment manufacturers based on the following auditing rate instead of the provisions specified in 40 CFR 1068.261(d)(3)(i) and (ii): (1) If you sell engines to 48 or more equipment manufacturers under the provisions of this section, you must annually perform or arrange for audits of twelve equipment manufacturers to whom you sell engines under this section. To select individual equipment manufacturers, divide all the affected equipment manufacturers into quartiles based on the number of engines they buy from you; select equal numbers of equipment manufacturers from each quartile each model year as much as possible. Vary the equipment manufacturers selected for auditing from year to year, though audits may be repeated in later model years if you find or suspect that a particular equipment manufacturer is not properly installing aftertreatment devices. (2) If you sell engines to fewer than 48 equipment manufacturers under the provisions of this section, set up a plan to perform or arrange for audits of each equipment manufacturer on average once every four model years. § 1054.612 What special provisions apply for equipment manufacturers modifying certified nonhandheld engines? The provisions of this section are limited to small-volume emission families. (a) General provisions. (b) Simplified certification. (c) Engine exemption. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34522, June 29, 2021] § 1054.615 What is the exemption for engines certified to standards for Large SI engines? (a) An engine is exempt from the requirements of this part if it is in an emission family that has a valid certificate of conformity showing that it meets emission standards and other requirements under 40 CFR part 1048 for the appropriate model year. (b) The only requirements or prohibitions from this part that apply to an engine that is exempt under this section are in this section. (c) If your engines do not have the certificate required in paragraph (a) of this section, they will be subject to the provisions of this part. Introducing these engines into U.S. commerce without a valid exemption or certificate of conformity violates the prohibitions in 40 CFR 1068.101(a). (d) Engines exempted under this section are subject to all the requirements affecting engines under 40 CFR part 1048, including evaporative emission standards. The requirements and restrictions of 40 CFR part 1048 apply to anyone manufacturing these engines, anyone manufacturing equipment that uses these engines, and all other persons in the same manner as if these were nonroad spark-ignition engines above 19 kW. (e) Engines exempted under this section may not generate or use emission credits under this part 1054. § 1054.620 What are the provisions for exempting engines used solely for competition? The provisions of this section apply for new engines and equipment built on or after January 1, 2010. (a) We may grant you an exemption from the standards and requirements of this part for a new engine on the grounds that it is to be used solely for competition. The requirements of this part, other than those in this section, do not apply to engines that we exempt for use solely for competition. (b) We will exempt engines that we determine will be used solely for competition. The basis of our determination is described in paragraphs (c) and (d) of this section. Exemptions granted under this section are good for only one model year and you must request renewal for each subsequent model year. We will not approve your renewal request if we determine the engine will not be used solely for competition. (c) Engines meeting all the following criteria are considered to be used solely for competition: (1) Neither the engine nor any equipment containing the engine may be displayed for sale in any public dealership or otherwise offered for sale to the general public. Note that this does not preclude display of these engines as long as they are not available for sale to the general public. (2) Sale of the equipment in which the engine is installed must be limited to professional competition teams, professional competitors, or other qualified competitors. Engine manufacturers may sell loose engines to these same qualified competitors, and to equipment manufacturers supplying competition models for qualified competitors. (3) The engine and the equipment in which it is installed must have performance characteristics that are substantially superior to noncompetitive models. (4) The engines are intended for use only as specified in paragraph (e) of this section. (d) You may ask us to approve an exemption for engines not meeting the criteria listed in paragraph (c) of this section as long as you have clear and convincing evidence that the engines will be used solely for competition. (e) Engines are considered to be used solely for competition only if their use is limited to competition events sanctioned by a state or federal government agency or another widely recognized public organization with authorizing permits for participating competitors. Operation of such engines may include only racing events, trials to qualify for racing events, and practice associated with racing events. Authorized attempts to set speed records are also considered racing events. Engines will not be considered to be used solely for competition if they are ever used for any recreational or other noncompetitive purpose. Any use of exempt engines in recreational events is a violation of 40 CFR 1068.101(b)(4). (f) You must permanently label engines exempted under this section to clearly indicate that they are to be used only for competition. Failure to properly label an engine will void the exemption for that engine. (g) If we request it, you must provide us any information we need to determine whether the engines are used solely for competition. This would generally include documentation regarding the number of engines and the ultimate purchaser of each engine as well as any documentation showing an equipment manufacturer's request for an exempted engine. Keep these records for five years. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34522, June 29, 2021] § 1054.630 What provisions apply for importation of individual items for personal use? (a) Any individual may import previously used nonconforming engines for purposes other than resale, but no more than once in any five-year period. This may include up to three nonconforming engines imported at the same time. To import engines under this section, provide to the Customs official the following information: (1) Identify your name, address, and telephone number. (2) If you are importing engines under this section on behalf of another person, identify the ultimate engine owner's name, address, and telephone number. (3) Identify the total number of engines you are importing and specify the make, model, identification number, and original production year of each engine. (4) State: “I am importing these previously used engines for personal use. I have not imported any engines under the provisions of 40 CFR 1054.630 within the previous five years. I am not importing these engines for purpose of resale. I authorize EPA enforcement officers to inspect my engines and my facilities as permitted by the Clean Air Act.” (b) We may require you to send us additional information but you do not need written approval from us to import engines under this section. We will also not require a U.S. Customs Service bond for engines you import under this section. (c) The provisions of this section may not be used to circumvent emission standards that apply to new engines under this part. For example, you may not purchase new engines and use them in a trivial manner outside of the United States to qualify for importation under this section. (d) If you violate the provisions of this section, or submit false information to obtain this exemption, you will be subject to civil penalties as specified in 40 CFR 1068.101(a)(2) and (b)(5). § 1054.635 What special provisions apply for small-volume engine and equipment manufacturers? This section describes how we apply the special provisions in this part for small-volume engine and equipment manufacturers. (a) If you qualify under paragraph (1) or (2) of the definition of small-volume engine manufacturer or under paragraph (1) or (2) of the definition of small-volume equipment manufacturer in § 1054.801, the small-volume provisions apply as specified in this part. (b) If you are a small business (as defined by the Small Business Administration at 13 CFR 121.201) that manufactures nonroad spark-ignition engines or equipment, but you do not qualify under paragraph (1) or (2) of the definition of small-volume engine manufacturer or under paragraph (1) or (2) of the definition of small-volume equipment manufacturer in § 1054.801, you may ask us to designate you to be a small-volume engine or equipment manufacturer. You may do this whether you began manufacturing engines before, during, or after 2007. We may set other reasonable conditions that are consistent with the intent of this section and the Clean Air Act. (c) Special provisions apply for small-volume engine and equipment manufacturers, as illustrated by the following examples: (1) Additional lead time and other provisions related to the transition to new emission standards. See § 1054.145. (2) More flexible arrangements for creating engine families. See § 1054.230. (3) Assigned deterioration factors. See § 1054.240. (4) Waived requirements for production-line testing. See § 1054.301. (5) Streamlined certification provisions for equipment manufacturers relying on engine manufacturer's design parameters. See § 1054.612. (6) [Reserved] (7) Additional special provisions apply for small-volume engine and equipment manufacturers under 40 CFR part 1068. For example, see 40 CFR 1068.250. (d) Small-volume engine and equipment manufacturers may ask us to waive or modify the requirements of § 1054.690 if this would cause a serious economic hardship, as long as you demonstrate to us in some other way that you will meet any potential compliance-or enforcement-related obligations. In evaluating such a request, we would consider the extent to which there is a risk of noncompliance or nonconformity and the extent to which the manufacturer could be expected to fulfill future regulatory obligations and administrative judgments. We may also consider how many years the manufacturer has certified engines without a violation or a finding of noncompliance to determine whether to adjust applicable asset thresholds or to reduce the minimum bond value. We may set other reasonable conditions to ensure that the manufacturer will meet applicable requirements. (e) If you use any of the provisions of this part that apply specifically to small-volume manufacturers and we find that you exceed the production limits or otherwise do not qualify as a small-volume manufacturer, we may consider you to be in violation of the requirements that apply for companies that are not small-volume manufacturers for those engines produced in excess of the specified production limits. If you no longer qualify as a small-volume engine manufacturer (based on increased production volumes or other factors), we will work with you to determine a reasonable schedule for complying with additional requirements that apply. For example, if you no longer qualify as a small-volume engine manufacturer shortly before you certify your engines for the next model year, we might allow you to use assigned deterioration factors for one more model year. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34522, June 29, 2021] § 1054.645 What special provisions apply for converting an engine to use an alternate fuel? A certificate of conformity is no longer valid for an engine if the engine is modified such that it is not in a configuration covered by the certificate. This section applies if such modifications are done to convert the engine to run on a different fuel type. Such engines may need to be recertified as specified in this section if the certificate is no longer valid for that engine. (a) Converting a certified new engine to run on a different fuel type violates 40 CFR 1068.101(a)(1) if the modified engine is not covered by a certificate of conformity. (b) Converting a certified engine that is not new to run on a different fuel type violates 40 CFR 1068.101(b)(1) if the modified engine is not covered by a certificate of conformity. We may specify alternate certification provisions consistent with the requirements of this part. For example, you may certify the modified engine for a partial useful life. For example, if the engine is modified halfway through its original useful life period, you may generally certify the engine based on completing the original useful life period; or if the engine is modified after the original useful life period is past, you may generally certify the engine based on testing that does not involve further durability demonstration. (c) Engines may be certified using the certification procedures for new engines as specified in this part or using the certification procedures for aftermarket parts as specified in 40 CFR part 85, subpart V. Unless the original engine manufacturer continues to be responsible for the engine as specified in paragraph (d) of this section, you must remove the original engine manufacturer's emission control information label if you recertify the engine. (d) The original engine manufacturer is not responsible for operation of modified engines in configurations resulting from modifications performed by others. In cases where the modification allows an engine to be operated in either its original configuration or a modified configuration, the original engine manufacturer remains responsible for operation of the modified engine in its original configuration. (e) Entities producing conversion kits may obtain certificates of conformity for the converted engines. Such entities are engine manufacturers for purposes of this part. § 1054.650 What special provisions apply for adding or changing governors? The special provisions in this section apply for engines that will not be governed to control engine speeds consistent with the constant-speed operation reflected by the duty cycles specified in § 1054.505. We refer to these as constant-speed governors in this section. Paragraph (a) of this section also applies for any engines shipped without installed governors. (a) The representative-testing requirements of 40 CFR 1065.10(c)(1) related to in-use duty cycles do not apply to engines you produce and ship without constant-speed governors if you comply with all the following requirements: (1) You must have test data showing that the effectiveness of the engine's emission controls over the expected range of in-use operation will be similar to that measured over the specified duty cycle. Alternatively, if your emission controls depend on maintaining a consistent air-fuel ratio, you may demonstrate that the engine is calibrated to maintain a consistent air-fuel ratio over the expected range of in-use operation. (2) Describe in your application for certification the data and analysis that supports your conclusion. (b) It is a violation of the tampering provisions in 40 CFR 1068.101(b)(1) to remove a governor from a certified engine unless you recertify the engine in the modified configuration. § 1054.655 What special provisions apply for installing and removing altitude kits? An action for the purpose of installing or modifying altitude kits and performing other changes to compensate for changing altitude is not considered a prohibited act under 40 CFR 1068.101(b) if it is done consistent with the manufacturer's instructions. [86 FR 34522, June 29, 2021] § 1054.660 What are the provisions for exempting emergency rescue equipment? The provisions of this section apply for new equipment built on or after January 1, 2010. (a) Equipment manufacturers may introduce into U.S. commerce equipment that is not certified to current emission standards under the following conditions if the equipment will be used solely in emergency rescue situations: (1) You must determine annually that no engines certified to current emission standards are available to power the equipment safely and practically. We may review your records supporting this determination at any time. (2) You may not use exempted engines for the following equipment used to provide remote power to a rescue tool: generators, alternators, compressors, or pumps. (3) If engines that meet less stringent emission standards are capable of powering your equipment safely and practically, you must use them as a condition of this exemption. You must use available engines meeting the most stringent standards feasible. (4) You must send the engine manufacturer a written request for each exempted equipment model. (5) You must notify the Designated Compliance Officer of your intent to use the provisions of this section. We may require you to notify us annually or to send us annual reports describing how you meet the conditions of this section. (b) For the purposes of this section, “emergency rescue situations” means firefighting or other situations in which a person is retrieved from imminent danger. (c) As an engine manufacturer, you may produce exempt engines under this section without our prior approval if you have a written request for an exempted engine for use in emergency rescue equipment from the equipment manufacturer. You must permanently label engines with the following statement: “EMERGENCY RESCUE EQUIPMENT—EXEMPT FROM EMISSION STANDARDS UNDER 40 CFR 1054.660.” Failure to properly label an engine will void the exemption. (d) We may discontinue an exemption under this section if we find that engines are not used solely for emergency rescue equipment or if we find that a certified engine is available to power the equipment safely and practically. § 1054.690 What bond requirements apply for certified engines? This section generally applies for certifying engine manufacturers. It also applies to importers that do not certify engines as described in paragraph (j) of this section. (a) Before introducing certified engines into U.S. commerce, you must post a bond to cover any potential compliance or enforcement actions under the Clean Air Act with respect to engines certified under this part unless you demonstrate to us in your application for certification that you are able to meet any potential compliance- or enforcement-related obligations, as described in this section. Note that you might also need to post bond under this section to meet your obligations under § 1054.120(f). (b) The bonding requirements apply if you do not have long-term assets in the United States meeting any of the following thresholds: (1) A threshold of $3 million applies if you have been a certificate holder in each of the preceding ten years without failing a test conducted by EPA officials or having been found by EPA to be noncompliant under applicable regulations. (2) A threshold of $6 million applies if you are a secondary engine manufacturer. (3) A threshold of $10 million applies if you do not qualify for the smaller bond thresholds in paragraph (b)(1) or (2) of this section. (c) For the purpose of establishing your level of long-term assets under paragraph (b) of this section, include the values from your most recent balance sheet for buildings, land, and fixed equipment, but subtract depreciation and related long-term liabilities (such as a mortgage). If you have sufficient long-term assets to avoid bond payments under this section, you must identify the location of these assets in your application for certification. (d) Determine the value of the bond as follows: (1) Calculate a value based on the per-engine bond values shown in Table 1 to this section and on the projected U.S.-directed production volume from each displacement grouping for the model year. For example, if you have projected U.S.-directed production volumes of 10,000 engines with 180 cc displacement and 10,000 engines with 400 cc displacement in 2013, the calculated bond amount is $750,000. If the calculated value is less than $500,000, the appropriate bond amount is $500,000. If the calculated value exceeds the applicable threshold value specified in paragraph (b) of this section, use the applicable threshold value as the appropriate value of the bond. These values may be adjusted as described in paragraphs (d)(2) through (4) of this section. You may generally change your projected U.S.-directed production volume under § 1054.225 during the model year; however, you may not decrease your bond based on new projected U.S.-directed production volumes once you have imported or otherwise introduced into U.S. commerce your first engine from that model year. Table 1 to § 1054.690—Per-Engine Bond Values For engines with The per- Disp. <225 cc $25 225 ≤ Disp. < 740 cc 50 740 ≤ Disp. ≤ 1,000 cc 100 Disp. >1,000 cc 200 (2) If your estimated or actual U.S.-directed production volume increases beyond the level appropriate for your current bond payment, you must post additional bond to reflect the increased volume within 90 days after you change your estimate or determine the actual production volume. You may not decrease your bond in a given year, but you may calculate a lower bond value in a later year based on the highest actual U.S.-directed production volumes from the preceding three years. (3) If you sell engines without aftertreatment components under the provisions of § 1054.610, you must increase the per-engine bond values for the current year by 20 percent. (4) The minimum bond value is $25,000 instead of $500,000 if you are a small-volume engine manufacturer or a small-volume equipment manufacturer that has been a certificate holder in each of the preceding five years without failing a test conducted by EPA officials or having been found by EPA to be noncompliant under applicable regulations. (e) The threshold identified in paragraph (b) of this section and the bond values identified in paragraph (d) of this section are in 2008 dollars. We will adjust these values for 2020 and later, and every 10 years after that, by considering the current Consumer Price Index values published by the Bureau of Labor Statistics relative to 2008. We will generally round values for thresholds and total bond obligations as follows: (1) Round calculated values at or below $125,000 to the nearest $5,000. (2) Round calculated values above $125,000 and at or below $2.25 million to the nearest $50,000. (3) Round calculated values above $2.25 million to the nearest $500,000. (f) If you are required to post a bond under this section, you must get the bond from a third-party surety that is cited in the U.S. Department of Treasury Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” ( https://www.fiscal.treasury.gov/surety-bonds/circular-570.html (g) If you forfeit some or all of your bond in an enforcement action, you must post any appropriate bond for continuing sale within 90 days after you forfeit the bond amount. (h) You will forfeit the proceeds of the bond posted under this section if you need to satisfy any United States administrative settlement agreement, administrative final order, or judicial judgment against you arising from your violation of this chapter, or violation of 18 U.S.C. 1001, 42 U.S.C. 7413(c)(2), or other applicable provisions of the Clean Air Act. (i) If you are required to post a bond under this section, you must note that in your application for certification as described in § 1054.205. Your certification is conditioned on your compliance with this section. Your certificate is automatically suspended if you fail to comply with the requirements of this section. This suspension applies with respect to all engines in your possession as well as all engines being imported or otherwise introduced into U.S. commerce. For example, if you maintain a bond sufficient to cover 500 engines, you may introduce into U.S. commerce only 500 engines under your certificate; your certificate would be automatically suspended for any additional engines. Introducing such additional engines into U.S. commerce would violate 40 CFR 1068.101(a)(1). For importation, U.S. Customs may deny entry of engines lacking the necessary bond, whether there is no bond or the value of the bond is not sufficient for the appropriate production volumes. We may also revoke your certificate. (j) The following provisions apply if you import engines for resale when those engines have been certified by someone else (or equipment containing such engines): (1) You and the certificate holder are each responsible for compliance with the requirements of this part and the Clean Air Act. For example, we may require you to comply with the warranty requirements in § 1054.120. (2) You do not need to post bond if you or the certificate holder complies with the bond requirements of this section. You also do not need to post bond if the certificate holder complies with the asset requirements of this section and the repair-network provisions of § 1054.120(f)(4). [73 FR 59259, Oct. 8, 2008, as amended at 74 FR 8426, Feb. 24, 2009; 75 FR 23025, Apr. 30, 2010; 80 FR 9114, Feb. 19, 2015; 86 FR 34522, June 29, 2021] Subpart H—Averaging, Banking, and Trading for Certification § 1054.701 General provisions. (a) You may average, bank, and trade (ABT) emission credits for purposes of certification as described in this subpart to show compliance with the standards of this part. This applies for engines with respect to exhaust emissions and for equipment with respect to evaporative emissions. Participation in this program is voluntary. (b) The definitions of subpart I of this part apply to this subpart. The following definitions also apply: (1) Actual emission credits (2) Averaging set (3) Broker (4) Buyer (5) Family (6) Reserved emission credits (7) Seller (8) Standard (9) Trade (c) The use of emission credits is limited to averaging sets, as follows: (1) You may not average or exchange exhaust credits with evaporative credits, or vice versa. (2) Handheld engines and nonhandheld engines are in separate averaging sets with respect to exhaust emissions except as specified in § 1054.740(e). You may use emission credits generated with Phase 2 engines for Phase 3 handheld engines only if you can demonstrate that those credits were generated by handheld engines, except as specified in § 1054.740(e). Similarly, you may use emission credits generated with Phase 2 engines for Phase 3 nonhandheld engines only if you can demonstrate that those credits were generated by nonhandheld engines, subject to the provisions of § 1054.740. (3) Equipment using handheld engines and equipment using nonhandheld engines are in separate averaging sets with respect to evaporative emissions. You may not average or exchange evaporative credits between either of these averaging sets. (4) For purposes of calculating emission credits under this subpart, engines with displacement at or below 80 cc are presumed to be handheld engines. You may treat these as nonhandheld engines for calculating exhaust or evaporative emission credits only for those engines you can demonstrate will be installed in nonhandheld equipment. For example, if 50 percent of engines in a family will be used in nonhandheld equipment, you may calculate the emission credits for 50 percent of the engines to be nonhandheld credits. Use the specified calculation methods for handheld engines to quantify positive or negative exhaust emission credits for all engines at or below 80 cc. (d) You may not generate evaporative credits based on permeation measurements from metal fuel tanks. (e) You may not use emission credits generated under this subpart to offset any emissions that exceed an FEL or standard. This applies for all testing, including certification testing, in-use testing, selective enforcement audits, and other production-line testing. However, if exhaust emissions from an engine exceed an exhaust FEL or standard (for example, during a selective enforcement audit), you may use emission credits to recertify the family with a higher FEL that applies only to future production. (f) Emission credits may be used in the model year they are generated (averaging) and in future model years (banking). Emission credits may not be used for past model years. (g) You may increase or decrease an exhaust FEL during the model year by amending your application for certification under § 1054.225. See 40 CFR 1060.225 for provisions related to changing an FEL for fuel tank permeation. (h) Engine and equipment manufacturers certifying with respect to evaporative emissions may use emission credits to demonstrate compliance under this subpart. Component manufacturers may establish FELs for their certified products, but they may not generate or use emission credits under this subpart. (i) As described in § 1054.730, compliance with the requirements of this subpart is determined at the end of the model year based on actual U.S.-directed production volumes. Do not include any of the following engines or equipment to calculate emission credits: (1) Engines or equipment with a permanent exemption under subpart G of this part or under 40 CFR part 1068. (2) Engines or equipment intended for export. (3) Engines or equipment that are subject to state emission standards for that model year. However, this restriction does not apply if we determine that the state standards and requirements are equivalent to those of this part and that products sold in such a state will not generate credits under the state program. For example, you may not include engines or equipment certified for California if California has more stringent emission standards for these products or if your products generate or use emission credits under the California program. (4) Engines or equipment not subject to the requirements of this part, such as those excluded under § 1054.5. (5) Any other engines or equipment where we indicate elsewhere in this part 1054 that they are not to be included in the calculations of this subpart. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34523, June 29, 2021] § 1054.705 How do I generate and calculate exhaust emission credits? The provisions of this section apply for calculating exhaust emission credits. You may generate exhaust emission credits only if you are a certifying engine manufacturer. (a) For each participating family, calculate positive or negative emission credits relative to the otherwise applicable emission standard. Calculate positive emission credits for a family that has an FEL below the standard. Calculate negative emission credits for a family that has an FEL above the standard. Sum your positive and negative credits for the model year before rounding. Round the sum of emission credits to the nearest kilogram (kg) using consistent units throughout the following equation: Emission credits (kg) = (STD − FEL) × (Volume) × (Power) × (UL) × (LF) × (10 −3 Where: STD = the emission standard, in g/kW-hr. FEL = the family emission limit for the family, in g/kW-hr. Volume = the number of engines eligible to participate in the averaging, banking, and trading program within the given family during the model year, as described in § 1054.701(i). Power = the maximum modal power of the emission-data engine as calculated from the applicable test procedure described in subpart F of this part, in kilowatts. UL = the useful life for the given family, in hours. LF = load factor. Use 0.47 for nonhandheld engines and 0.85 for handheld engines. We may specify a different load factor if we approve the use of special test procedures for a family under 40 CFR 1065.10(c)(2), consistent with good engineering judgment. (b) [Reserved] § 1054.706 How do I generate and calculate evaporative emission credits? The provisions of this section apply for calculating evaporative emission credits related to fuel tank permeation. You may generate credits only if you are a certifying equipment manufacturer. This may include engine manufacturers that make engines with complete fuel systems as described in § 1054.2. (a) For each participating family, calculate positive or negative emission credits relative to the otherwise applicable emission standard. Calculate positive emission credits for a family that has an FEL below the standard. Calculate negative emission credits for a family that has an FEL above the standard. Sum your positive and negative credits for the model year before rounding. Round the sum of emission credits to the nearest kilogram (kg) using consistent units throughout the following equation: Emission credits (kg) = (STD−FEL) × (Total Area) × (UL) × (AF) × (365) × (10 −3 Where: STD = the emission standard, in g/m 2 FEL = the family emission limit for the family, in g/m 2 Total Area = The combined internal surface area of all fuel tanks in the family, taking production volume into account, in m 2 UL = 5 years, which represents the useful life for the given family. AF= adjustment factor. Use 1.0 for testing at 28 °C; use 0.60 for testing at 40 °C. (b) For calculating credits under paragraph (a) of this section, the emission standard and FEL must both be based on test measurements at the same temperature (28 ° or 40 °C). Determine the FEL for calculating emission credits relative to testing at 28 °C as described in paragraphs (b)(1) and (2) of this section. Determine the FEL for calculating emission credits relative to testing at 40 °C as described in paragraph (b)(3) of this section. (1) To use an FEL below 5.0 g/m 2 (2) The provisions of this paragraph (b)(2) apply for all emission families with FELs at or above 5.0 g/m 2 2 (i) Option 1: Establish all your FELs based on emission measurements. This may include measurements from a certifying fuel tank manufacturer. (ii) Option 2: Use an assigned FEL of 10.4 g/m 2 2 2 2 (3) Determine the FEL for calculating emission credits relative to testing at 40 °C as described in paragraph (b)(1) and (2) of this section, but use 8.3 g/m 2 2 2 2 § 1054.710 How do I average emission credits? (a) Averaging is the exchange of emission credits among your families. You may average emission credits only within the same averaging set. (b) You may certify one or more families to an FEL above the emission standard, subject to the FEL caps and other provisions in subpart B of this part, if you show in your application for certification that your projected balance of all emission-credit transactions in that model year is greater than or equal to zero. (c) If you certify a family to an FEL that exceeds the otherwise applicable standard, you must obtain enough emission credits to offset the family's deficit by the due date for the final report required in § 1054.730. The emission credits used to address the deficit may come from your other families that generate emission credits in the same model year, from emission credits you have banked from previous model years, or from emission credits generated in the same or previous model years that you obtained through trading. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34523, June 29, 2021] § 1054.715 How do I bank emission credits? (a) Banking is the retention of emission credits by the manufacturer generating the emission credits for use in future model years for averaging or trading. You may use banked emission credits only within the averaging set in which they were generated, except as described in this subpart. (b) You may designate any emission credits you plan to bank in the reports you submit under § 1054.730 as reserved credits. During the model year and before the due date for the final report, you may designate your reserved emission credits for averaging or trading. (c) Reserved credits become actual emission credits when you submit your final report. However, we may revoke these emission credits if we are unable to verify them after reviewing your reports or auditing your records. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34523, June 29, 2021] § 1054.720 How do I trade emission credits? (a) Trading is the exchange of emission credits between manufacturers. You may use traded emission credits for averaging, banking, or further trading transactions. Traded emission credits may be used only within the averaging set in which they were generated, except as described in this subpart. (b) You may trade actual emission credits as described in this subpart. You may also trade reserved emission credits, but we may revoke these emission credits based on our review of your records or reports or those of the company with which you traded emission credits. You may trade banked credits within an averaging set to any certifying engine or equipment manufacturer. (c) If a negative emission credit balance results from a transaction, both the buyer and seller are liable, except in cases we deem to involve fraud. See § 1054.255(e) for cases involving fraud. We may void the certificates of all families participating in a trade that results in a manufacturer having a negative balance of emission credits. See § 1054.745. § 1054.725 What must I include in my application for certification? (a) You must declare in your application for certification your intent to use the provisions of this subpart for each family that will be certified using the ABT program. You must also declare the FELs you select for the family for each pollutant for which you are using the ABT program. Your FELs must comply with the specifications of subpart B of this part, including the FEL caps. FELs must be expressed to the same number of decimal places as the emission standard. (b) Include the following in your application for certification: (1) A statement that, to the best of your belief, you will not have a negative balance of emission credits for any averaging set when all emission credits are calculated at the end of the year. (2) Detailed calculations of projected emission credits (positive or negative) based on projected production volumes. We may require you to include similar calculations from your other engine families to demonstrate that you will be able to avoid negative credit balances for the model year. If you project negative emission credits for a family, state the source of positive emission credits you expect to use to offset the negative emission credits. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34523, June 29, 2021] § 1054.730 What ABT reports must I send to EPA? (a) If any of your families are certified using the ABT provisions of this subpart, you must send an end-of-year report within 90 days after the end of the model year and a final report within 270 days after the end of the model year. We may waive the requirement to send the end-of-year report as long as you send the final report on time. (b) Your end-of-year and final reports must include the following information for each family participating in the ABT program: (1) Family designation and averaging set. (2) The emission standards that would otherwise apply to the family. (3) The FEL for each pollutant. If you change the FEL after the start of production, identify the date that you started using the new FEL and/or give the engine identification number for the first engine covered by the new FEL. In this case, identify each applicable FEL and calculate the positive or negative emission credits as specified in § 1054.225. (4) The projected and actual U.S.-directed production volumes for the model year as described in § 1054.701(i). For fuel tanks, state the production volume in terms of surface area and production volume for each fuel tank configuration and state the total surface area for the emission family. If you changed an FEL during the model year, identify the actual U.S.-directed production volume associated with each FEL. (5) The maximum modal power of the emission-data engine or the appropriate internal surface area of the fuel tank. (6) Useful life. (7) Calculated positive or negative emission credits for the whole family. Identify any emission credits that you traded, as described in paragraph (d)(1) of this section. (c) Your end-of-year and final reports must include the following additional information: (1) Show that your net balance of emission credits from all your participating families in each averaging set in the applicable model year is not negative. (2) State whether you will retain any emission credits for banking. (3) State that the report's contents are accurate. (d) If you trade emission credits, you must send us a report within 90 days after the transaction, as follows: (1) As the seller, you must include the following information in your report: (i) The corporate names of the buyer and any brokers. (ii) A copy of any contracts related to the trade. (iii) The averaging set corresponding to the families that generated emission credits for the trade, including the number of emission credits from each averaging set. (2) As the buyer, you must include the following information in your report: (i) The corporate names of the seller and any brokers. (ii) A copy of any contracts related to the trade. (iii) How you intend to use the emission credits, including the number of emission credits you intend to apply for each averaging set. (e) Send your reports electronically to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver. (f) Correct errors in your end-of-year report or final report as follows: (1) You may correct any errors in your end-of-year report when you prepare the final report as long as you send us the final report by the time it is due. (2) If you or we determine within 270 days after the end of the model year that errors mistakenly decreased your balance of emission credits, you may correct the errors and recalculate the balance of emission credits. You may not make these corrections for errors that are determined more than 270 days after the end of the model year. If you report a negative balance of emission credits, we may disallow corrections under this paragraph (f)(2). (3) If you or we determine anytime that errors mistakenly increased your balance of emission credits, you must correct the errors and recalculate the balance of emission credits. [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23026, Apr. 30, 2010; 86 FR 34523, June 29, 2021] § 1054.735 What records must I keep? (a) You must organize and maintain your records as described in this section. (b) Keep the records required by this section for at least eight years after the due date for the end-of-year report. You may not use emission credits for any engines or equipment if you do not keep all the records required under this section. You must therefore keep these records to continue to bank valid credits. (c) Keep a copy of the reports we require in § 1054.730. (d) Keep records of the engine identification number for each engine or piece of equipment you produce that generates or uses emission credits under the ABT program. You may identify these numbers as a range. If you change the FEL after the start of production, identify the date you started using each FEL and the range of engine identification numbers associated with each FEL. (e) We may require you to keep additional records or to send us relevant information not required by this section in accordance with the Clean Air Act. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34523, June 29, 2021] § 1054.740 What special provisions apply for generating and using emission credits? (a) You may generate Phase 3 emission credits from 2008 through 2011 model year Class I engines if you voluntarily meet the Phase 3 exhaust emission standards specified in § 1054.105. Divide these into transitional and enduring emission credits as follows: (1) Transitional credits are based on reducing emissions from Phase 2 levels down to Phase 3 levels. Calculate the value of transitional emission credits as described in § 1054.705, based on setting STD equal to 15.0 g/kW-hr and FEL equal to 10.0 g/kW-hr. You may use these transitional credits only for Class I engines in 2012 through 2014 model years. You may not use these transitional credits for Class II engines. (2) Enduring credits are based on reducing emissions below Phase 3 levels. Calculate the value of enduring credits as described in § 1054.705, based on setting STD equal to 10.0 g/kW-hr and FEL to the value of the family emission limit you select for the family. You may use these enduring credits for any nonhandheld engines certified to the Phase 3 standards under this part, except as specified in paragraph (d) of this section. (b) You may generate Phase 3 emission credits from 2008 through 2010 model year Class II engines if you voluntarily meet the Phase 3 exhaust emission standards specified in § 1054.105. Divide these into transitional and enduring emission credits as follows: (1) Transitional credits are based on reducing emissions from Phase 2 levels down to Phase 3 levels. Calculate the value of transitional emission credits as described in § 1054.705, based on setting STD equal to 11.0 g/kW-hr and FEL equal to 8.0 g/kW-hr. You may use these transitional credits only for Class II engines in 2011 through 2013 model years. You may not use these transitional credits for Class I engines. (2) Enduring credits are based on reducing emissions below Phase 3 levels. Calculate the value of enduring credits as described in § 1054.705, based on setting STD equal to 8.0 g/kW-hr and FEL to the value of the family emission limit you select for the family. You may use these enduring credits for any nonhandheld engines certified to the Phase 3 standards under this part, except as specified in paragraph (d) of this section. (c) You may not use emission credits generated by nonhandheld engines certified to Phase 2 emission standards to demonstrate compliance with the Phase 3 exhaust emission standards in 2014 and later model years. (d) [Reserved] (e) You may use Phase 2 or Phase 3 emission credits from nonhandheld engines to demonstrate compliance with the Phase 3 standards for handheld engines subject to the following restrictions: (1) The handheld family must be certified in 2008 and all later model years using carryover of emission data from an engine family that was most recently certified with new emission data in 2007 or an earlier model year. (2) The handheld family's FEL may not increase above the level selected for the 2007 model year in later years unless such an increase is based on emission data from production engines. (3) Your total production of handheld engines certified under this paragraph (e) may not exceed 30,000 in any model year. [73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34523, June 29, 2021] § 1054.745 What can happen if I do not comply with the provisions of this subpart? (a) For each family participating in the ABT program, the certificate of conformity is conditional upon full compliance with the provisions of this subpart during and after the model year. You are responsible to establish to our satisfaction that you fully comply with applicable requirements. We may void the certificate of conformity for a family if you fail to comply with any provisions of this subpart. (b) You may certify your family to an FEL above an emission standard based on a projection that you will have enough emission credits to offset the deficit for the family. However, we may void the certificate of conformity if you cannot show in your final report that you have enough actual emission credits to offset a deficit for any pollutant in a family. (c) We may void the certificate of conformity for a family if you fail to keep records, send reports, or give us information we request. (d) You may ask for a hearing if we void your certificate under this section (see § 1054.820). Subpart I—Definitions and Other Reference Information § 1054.801 What definitions apply to this part? The following definitions apply to this part. The definitions apply to all subparts unless we note otherwise. All undefined terms have the meaning the Clean Air Act gives to them. The definitions follow: Adjustable parameter Aftertreatment Alcohol-fueled engine Amphibious vehicle Applicable emission standard applicable standard applicable emission standard Auxiliary emission control device Brake power Calibration Carryover Certification Certified emission level Class I Class II Class III Class IV Class V Clean Air Act Cold-weather equipment Crankcase emissions Critical emission-related component Days Designated Compliance Officer [email protected]. Designated Enforcement Officer Deteriorated emission level Deterioration factor (1) For multiplicative deterioration factors, the ratio of emissions at the end of useful life to emissions at the low-hour test point. (2) For additive deterioration factors, the difference between emissions at the end of useful life and emissions at the low-hour test point. Displacement Dry weight Dual-fuel Emission control system Emission-data engine Emission-data equipment Emission family Emission-related maintenance Engine Engine configuration Engine manufacturer Equipment equipment Equipment manufacturer Evaporative Excluded (1) Has been determined not to be a nonroad engine, as specified in 40 CFR 1068.30; or (2) Is a nonroad engine that, according to § 1054.5, is not subject to this part 1054. Exempted Exhaust-gas recirculation (EGR) Family emission limit (FEL) Flexible-fuel Fuel line (1) Fuel tank vent lines. (2) Segments of hose or tubing whose external surface is normally exposed to liquid fuel inside the fuel tank. (3) Hose or tubing designed to return unused fuel from the carburetor to the fuel tank for handheld engines. (4) Primer bulbs that contain liquid fuel only for priming the engine before starting. Fuel system Fuel type Good engineering judgment Handheld (1) It is carried by the operator throughout the performance of its intended function. (2) It is designed to operate multi-positionally, such as upside down or sideways, to complete its intended function. (3) It has a combined engine and equipment dry weight under 16.0 kilograms, has no more than two wheels, and at least one of the following attributes is also present: (i) The operator provides support or carries the equipment throughout the performance of its intended function. Carry means to completely bear the weight of the equipment, including the engine. Support means to hold a piece of equipment in position to prevent it from falling, slipping, or sinking, without carrying it. (ii) The operator provides support or attitudinal control for the equipment throughout the performance of its intended function. Attitudinal control involves regulating the horizontal or vertical position of the equipment. (4) It is an auger with a combined engine and equipment dry weight under 22.0 kilograms. (5) It is used in a recreational application with a combined total vehicle dry weight under 20.0 kilograms. (6) It is a hand-supported jackhammer or rammer/compactor. This does not include equipment that can remain upright without operator support, such as a plate compactor. Hydrocarbon (HC) Identification number Integrated equipment manufacturer Intermediate-speed equipment Low-hour Manufacture Manufacturer Marine engine (1) Propulsion marine engine means a marine engine that moves a vessel through the water or directs the vessel's movement. (2) Auxiliary marine engine means a marine engine not used for propulsion. This includes a portable auxiliary marine engine only if its fueling, cooling, or exhaust system is an integral part of the vessel. Marine generator engine Marine vessel Maximum engine power Maximum test torque Model year (1) For freshly manufactured engines (see definition of “new nonroad engine,” paragraph (1)), model year means your annual new model production period. This must include January 1 of the calendar year for which the model year is named. It may not begin before January 2 of the previous calendar year and it must end by December 31 of the named calendar year. For seasonal production periods not including January 1, model year means the calendar year in which the production occurs, unless you choose to certify the applicable emission family with the following model year. For example, if your production period is June 1, 2010 through November 30, 2010, your model year would be 2010 unless you choose to certify the emission family for model year 2011. (2) For an engine that is converted to a nonroad engine after being placed into service as a stationary engine, or being certified and placed into service as a motor vehicle engine, model year means the calendar year in which the engine was originally produced. For a motor vehicle engine that is converted to be a nonroad engine without having been certified, model year means the calendar year in which the engine becomes a new nonroad engine. (See definition of “new nonroad engine,” paragraph (2).) (3) For a nonroad engine excluded under § 1054.5 that is later converted to operate in an application that is not excluded, model year means the calendar year in which the engine was originally produced (see definition of “new nonroad engine,” paragraph (3)). (4) For engines that are not freshly manufactured but are installed in new nonroad equipment, model year means the calendar year in which the engine is installed in the new nonroad equipment (see definition of “new nonroad engine,” paragraph (4)). (5) For imported engines: (i) For imported engines described in paragraph (5)(i) of the definition of “new nonroad engine,” model year (ii) For imported engines described in paragraph (5)(ii) of the definition of “new nonroad engine,” model year (iii) For imported engines described in paragraph (5)(iii) of the definition of “new nonroad engine,” model year Motor vehicle New nonroad engine (1) A freshly manufactured nonroad engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as “brand new.” In the case of this paragraph (1), the engine is new from the time it is produced until the ultimate purchaser receives the title or the product is placed into service, whichever comes first. (2) An engine originally manufactured as a motor vehicle engine or a stationary engine that is later used or intended to be used in a piece of nonroad equipment. In this case, the engine is no longer a motor vehicle or stationary engine and becomes a “new nonroad engine.” The engine is no longer new when it is placed into nonroad service. This paragraph (2) applies if a motor vehicle engine or a stationary engine is installed in nonroad equipment, or if a motor vehicle or a piece of stationary equipment is modified (or moved) to become nonroad equipment. (3) A nonroad engine that has been previously placed into service in an application we exclude under § 1054.5, when that engine is installed in a piece of equipment that is covered by this part. The engine is no longer new when it is placed into nonroad service covered by this part. For example, this paragraph (3) would apply to a marine-propulsion engine that is no longer used in a marine vessel but is instead installed in a piece of nonroad equipment subject to the provisions of this part. (4) An engine not covered by paragraphs (1) through (3) of this definition that is intended to be installed in new nonroad equipment. This generally includes installation of used engines in new equipment. The engine is no longer new when the ultimate purchaser receives a title for the equipment or the product is placed into service, whichever comes first. (5) An imported nonroad engine, subject to the following provisions: (i) An imported nonroad engine covered by a certificate of conformity issued under this part that meets the criteria of one or more of paragraphs (1) through (4) of this definition, where the original engine manufacturer holds the certificate, is new as defined by paragraphs (1) through (4). (ii) An imported engine that will be covered by a certificate of conformity issued under this part, where someone other than the original engine manufacturer holds the certificate (such as when the engine is modified after its initial assembly), is a new nonroad engine when it is imported. It is no longer new when the ultimate purchaser receives a title for the engine or it is placed into service, whichever comes first. (iii) An imported nonroad engine that is not covered by a certificate of conformity issued under this part at the time of importation is new. This paragraph (5)(iii) addresses uncertified engines and equipment initially placed into service that someone seeks to import into the United States. Importation of this kind of engine (or equipment containing such an engine) is generally prohibited by 40 CFR part 1068. However, the importation of such an engine is not prohibited if the engine has a date of manufacture before January 1, 1997, since it is not subject to standards. New nonroad equipment (1) A nonroad piece of equipment for which the ultimate purchaser has never received the equitable or legal title. The product is no longer new when the ultimate purchaser receives this title or the product is placed into service, whichever comes first. (2) A nonroad piece of equipment with an engine that becomes new while installed in the equipment. For example, a complete piece of equipment that was imported without being covered by a certificate of conformity would be new nonroad equipment because the engine would be considered new at the time of importation. Noncompliant engine or noncompliant equipment Nonconforming engine or nonconforming equipment Nonhandheld Nonintegrated equipment manufacturer Nonmethane hydrocarbon Nonroad Nonroad engine Official emission result Overhead valve Owners manual Oxides of nitrogen Percent Permeation emissions Phase 1 Phase 2 Phase 3 Placed into service Rated-speed equipment Recreational application Relating Revoke Round Running loss emissions Scheduled maintenance Side valve Small-volume emission family (1) For requirements related to exhaust emissions for nonhandheld engines and to exhaust and evaporative emissions for handheld engines, small-volume emission family (2) For requirements related to evaporative emissions for nonhandheld equipment, small-volume emission family Small-volume engine manufacturer (1) For handheld engines, an engine manufacturer that had U.S.-directed production volume of handheld engines of no more than 25,000 handheld engines in any calendar year. For manufacturers owned by a parent company, this production limit applies to the production of the parent company and all its subsidiaries. (2) For nonhandheld engines, an engine manufacturer that had U.S.-directed production volume of no more than 10,000 nonhandheld engines in any calendar year. For manufacturers owned by a parent company, this production limit applies to the production of the parent company and all its subsidiaries. (3) An engine manufacturer that we designate to be a small-volume engine manufacturer under § 1054.635. Small-volume equipment manufacturer (1) For handheld equipment, an equipment manufacturer that had a U.S.-directed production volume of no more than 25,000 pieces of handheld equipment in any calendar year. For manufacturers owned by a parent company, this production limit applies to the production of the parent company and all its subsidiaries. (2) For nonhandheld equipment, an equipment manufacturer with annual U.S.-directed production volumes of no more than 5,000 pieces of nonhandheld equipment in any calendar year. For manufacturers owned by a parent company, this production limit applies to the production of the parent company and all its subsidiaries. (3) An equipment manufacturer that we designate to be a small-volume equipment manufacturer under § 1054.635. Snowthrower engine Spark-ignition Steady-state Structurally integrated nylon fuel tank Subchapter U Suspend Test engine Test sample Tethered gas cap Thermal reactor Total hydrocarbon Total hydrocarbon equivalent Ultimate purchaser United States Upcoming model year U.S.-directed production volume Useful life Variable-speed engine Vessel Void Volatile liquid fuel We (us, our) Wide-open throttle Wintertime engine [73 FR 59259, Oct. 8, 2008, as amended at 75 FR 23026, Apr. 30, 2010; 86 FR 34523, June 29, 2021; 88 FR 4668, Jan. 24, 2023] § 1054.805 What symbols, acronyms, and abbreviations does this part use? The following symbols, acronyms, and abbreviations apply to this part: ABT Averaging, banking, and trading. cc cubic centimeters. CFR Code of Federal Regulations. CH 4 CO carbon monoxide. CO 2 EPA Environmental Protection Agency. FEL Family Emission Limit. g gram. HC hydrocarbon. hr hour. kPa kilopascals. kW kilowatts. N 2 NMHC nonmethane hydrocarbons. NO X 2 psig pounds per square inch of gauge pressure. RPM revolutions per minute. THC total hydrocarbon. THCE total hydrocarbon equivalent. U.S.C. United States Code. § 1054.815 What provisions apply to confidential information? The provisions of 40 CFR 1068.10 and 1068.11 apply for information you submit under this part. [88 FR 4668, Jan. 24, 2023] § 1054.820 How do I request a hearing? (a) You may request a hearing under certain circumstances as described elsewhere in this part. To do this, you must file a written request, including a description of your objection and any supporting data, within 30 days after we make a decision. (b) For a hearing you request under the provisions of this part, we will approve your request if we find that your request raises a substantial factual issue. (c) If we agree to hold a hearing, we will use the procedures specified in 40 CFR part 1068, subpart G. § 1054.825 What reporting and recordkeeping requirements apply under this part? (a) This part includes various requirements to submit and record data or other information. Unless we specify otherwise, store required records in any format and on any media and keep them readily available for eight years after you send an associated application for certification, or eight years after you generate the data if they do not support an application for certification. We may request these records at any time. You must promptly give us organized, written records in English if we ask for them. This requirement to give us records applies whether or not you rely on someone else to keep records on your behalf. We may require you to submit written records in an electronic format. (b) The regulations in § 1054.255 and 40 CFR 1068.25 and 1068.101 describe your obligation to report truthful and complete information. This includes information not related to certification. Failing to properly report information and keep the records we specify violates 40 CFR 1068.101(a)(2), which may involve civil or criminal penalties. (c) Send all reports and requests for approval to the Designated Compliance Officer (see § 1054.801). (d) Any written information we require you to send to or receive from another company is deemed to be a required record under this section. Such records are also deemed to be submissions to EPA. We may require you to send us these records. (e) Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.,), the Office of Management and Budget approves the reporting and recordkeeping specified in the applicable regulations in this chapter. The following items illustrate the kind of reporting and recordkeeping we require for engines and equipment regulated under this part: (1) We specify the following requirements related to engine and equipment certification in this part: (i) In § 1054.20 we require equipment manufacturers to label their equipment if they are relying on component certification. (ii) In § 1054.135 we require engine manufacturers to keep certain records related to duplicate labels sent to equipment manufacturers. (iii) In § 1054.145 we include various reporting and recordkeeping requirements related to interim provisions. (iv) In subpart C of this part we identify a wide range of information required to certify engines. (v) In §§ 1054.345 and 1054.350 we specify certain records related to production-line testing. (vi) [Reserved] (vii) In subpart G of this part we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various special compliance provisions. (viii) In §§ 1054.725, 1054.730, and 1054.735 we specify certain records related to averaging, banking, and trading. (2) We specify the following requirements related to component and equipment certification in 40 CFR part 1060: (i) In 40 CFR 1060.20 we give an overview of principles for reporting information. (ii) In 40 CFR part 1060, subpart C, we identify a wide range of information required to certify products. (iii) In 40 CFR 1060.301 we require manufacturers to keep records related to evaluation of production samples for verifying that the products are as specified in the certificate of conformity. (iv) In 40 CFR 1060.310 we require manufacturers to make components, engines, or equipment available for our testing if we make such a request. (v) In 40 CFR 1060.505 we specify information needs for establishing various changes to published test procedures. (3) We specify the following requirements related to testing in 40 CFR part 1065: (i) In 40 CFR 1065.2 we give an overview of principles for reporting information. (ii) In 40 CFR 1065.10 and 1065.12 we specify information needs for establishing various changes to published test procedures. (iii) In 40 CFR 1065.25 we establish basic guidelines for storing test information. (iv) In 40 CFR 1065.695 we identify the specific information and data items to record when measuring emissions. (4) We specify the following requirements related to the general compliance provisions in 40 CFR part 1068: (i) In 40 CFR 1068.5 we establish a process for evaluating good engineering judgment related to testing and certification. (ii) In 40 CFR 1068.25 we describe general provisions related to sending and keeping information. (iii) In 40 CFR 1068.27 we require manufacturers to make engines available for our testing or inspection if we make such a request. (iv) In 40 CFR 1068.105 we require equipment manufacturers to keep certain records related to duplicate labels from engine manufacturers. (v) In 40 CFR 1068.120 we specify recordkeeping related to rebuilding engines. (vi) In 40 CFR part 1068, subpart C, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to various exemptions. (vii) In 40 CFR part 1068, subpart D, we identify several reporting and recordkeeping items for making demonstrations and getting approval related to importing engines. (viii) In 40 CFR 1068.450 and 1068.455 we specify certain records related to testing production-line engines in a selective enforcement audit. (ix) In 40 CFR 1068.501 we specify certain records related to investigating and reporting emission-related defects. (x) In 40 CFR 1068.525 and 1068.530 we specify certain records related to recalling nonconforming engines. (xi) In 40 CFR part 1068, subpart G, we specify certain records for requesting a hearing. [86 FR 34525, June 29, 2021] Appendix A to Part 1054—Summary of Previous Emission Standards The following standards, which EPA originally adopted under 40 CFR part 90, apply to nonroad spark-ignition engines produced before the model years specified in § 1054.1: (a) Handheld engines. Table 1 to Appendix I—Phase 1 Emission Standards for Handheld Engines [g/kW-hr] a Engine displacement class HC NO X CO Class III 295 5.36 805 Class IV 241 5.36 805 Class V 161 5.36 603 a (2) Phase 2 standards apply for handheld engines as summarized in the following table starting with model year 2002 for Class III and Class IV, and starting in model year 2004 for Class V: Table 2 to Appendix I—Phase 2 Emission Standards for Handheld Engines [g/kW-hr] Engine displacement class HC + NO X CO Class III a 805 Class IV b 805 Class V c 603 a X b X c X (b) Nonhandheld engines. (1) Phase 1 standards apply for nonhandheld engines as summarized in the following table starting with model year 1997: Table 3 to Appendix I—Phase 1 Emission Standards for Nonhandheld Engines [g/kW-hr] a Engine displacement class HC + NO X CO Class I 16.1 519 Class II 13.4 519 a (2) Phase 2 standards apply for nonhandheld engines as summarized in the following table starting with model year 2001 (except as noted for Class I engines): Table 4 to Appendix I—Phase 2 Emission Standards for Nonhandheld Engines [g/kW-hr] Engine displacement class HC + NO X NMHC + NO X CO Class I-A 50 610 Class I-B 40 37 610 Class I a 16.1 14.8 610 Class II b 12.1 11.3 610 a b X X (3) Note that engines subject to Phase 1 standards were not subject to useful life, deterioration factor, production-line testing, or in-use testing provisions. In addition, engines subject to Phase 1 standards and engines subject to Phase 2 standards were both not subject to the following provisions: (i) Evaporative emission standards as specified in §§ 1054.110 and 1054.112. (ii) Altitude adjustments as specified in § 1054.115(c). (iii) Warranty assurance provisions as specified in § 1054.120(f). (iv) Emission-related installation instructions as specified in § 1054.130. (v) Bonding requirements as specified in § 1054.690. [86 FR 34526, June 29, 2021. Redesignated and amended at 88 FR 4668, Jan. 24, 2023] Appendix B to Part 1054—Duty Cycles for Laboratory Testing (a) Test handheld engines with the following steady-state duty cycle: Table 1 to Appendix B—Duty Cycle for Handheld Engines G3 mode No. Engine speed a Torque b Weighting factors 1 Rated speed 100 0.85 2 Warm idle 0 0.15 a b (b) Test nonhandheld engines with one of the following steady-state duty cycles: (1) The following duty cycle applies for engines designed to idle: Table 2 to Appendix B—Duty Cycle for Nonhandheld Engines With Idle G2 Mode a Torque b Weighting factors 1 100 0.09 2 75 0.20 3 50 0.29 4 25 0.30 5 10 0.07 6 0 0.05 a b (2) The following duty cycle applies for engines that are not designed to idle: Table 3 to Appendix B—Duty Cycle for Nonhandheld Engines Without Idle Mode No. a Torque b Weighting factors 1 100 0.09 2 75 0.21 3 50 0.31 4 25 0.32 5 10 0.07 a b [88 FR 4668, Jan. 24, 2023]

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