federal register - U.S. Government Printing Office

Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Proposed Rules6385program, that explains themodification(s). These modifications tothe information submissionrequirements will in no way change theactual requirements of the regulations interms of the emissions standards, testprocedures, etc. Manufacturers andremanufacturers must retain recordsthat comprise the certificationapplication whether or not EPA requiresthat all such records be submitted to theAgency at the time of certification. TheAdministrator would retain the right toreview records at any time and at anyplace she designates.As is the case for other regulatednonroad and on-highway vehicles andengines, the proposed certificationregulations make it illegal for anymanufacturer, remanufacturer, or anyother person to use a device on alocomotive or locomotive engine whichsenses operation outside normalemission test conditions and reducesthe ability of the emission controlsystem to control the engine’s emissionsthrough, for example, the optimizationof fuel economy at the expense ofemissions performance. Such ‘‘defeat’’devices are specifically prohibited formotor vehicles under section 203 of theAct. Section 213(d) of the Act directsthe Agency to enforce the locomotivestandards in the same manner as itenforces motor vehicle standards. EPAconsiders the current motor vehicleprograms’ prohibition against the use ofdefeat devices to be an essential tool inensuring in-use compliance withemissions standards. For this reason,lack of a comparable prohibition forlocomotives could result in a real andsignificant risk that locomotives will notcomply with applicable standardsduring actual operation.Moreover, there is no indication inthe Act that Congress intended toprohibit defeat devices for motorvehicles and engines, but to allow suchpractices for nonroad vehicles andengines. In fact, the overall structure ofthe nonroad vehicle and engineprovisions of the Act, as well as theexplicit reference to enforcement insection 213(d), support an approach toenforcement of the emissions standardsfor such vehicles and engines (includinglocomotives) comparable to theapproach used for motor vehicleenforcement. Therefore, EPA isproposing in the certificationregulations an explicit prohibitionagainst defeat devices applicable tolocomotives subject to the federalstandards. Since the use of defeatdevices effectively renders the specifiedtest procedures for certification,production line, and in-use testinginadequate to predict in-use emissions,EPA would reserve the right to test acertification test locomotive or engine,or require the manufacturer orremanufacturer to perform such testingover a modified test procedure if EPAhas reason to believe a defeat device isbeing used by a manufacturer orremanufacturer on a particularlocomotive or locomotive engine. EPAsolicits comments on this proposedprovision.EPA regulations applicable to onhighwayvehicles contain provisionswhich allow for testing with anyadjustable parameter set anywherewithin its adjustable range. The purposeof these provisions is to ensure thatvariation in parameters whichmechanics or vehicle operators canadjust using low cost tools, when setanywhere within the adjustable range,would not cause the vehicle to exceedemissions standards. Productiontolerances on such large engines, as wellas the need to grind smooth, plate, orotherwise process certain parts duringremanufacture in such a way that theirphysical dimensions change, result inthe need for locomotive adjustableparameters to have much wider rangesof adjustability than those of onhighwayvehicles. An engine which isdesigned to be remanufacturednumerous times throughout its servicelife needs to be manufactured such thatsome of its parameters have physicallyadjustable ranges which are much largerthan their functional ranges when theengine is running in order to account forthe change in dimension of parts whichare processed in some way duringremanufacture, as described above.Requiring that a locomotive be able todemonstrate compliance withapplicable emissions standards with itsparameters adjusted anywhere withintheir adjustable range is not reasonable.However, correct setting of adjustableparameters (e.g., injection timing) iscritical for good emissions performance.EPA is proposing that manufacturersand remanufacturers specify a tolerancerange for each adjustable parameterwithin which compliance withemissions standards will be achieved.Any locomotives which are inspectedand found to have adjustable parametersset outside of the range specified by themanufacturer or remanufacturer will beconsidered to have been tampered with,and the owner/operator of suchlocomotives will be subject to tamperingpenalties, as discussed below in thetampering section.EPA is authorized under section 217of the Clean Air Act to establish fees torecover compliance program costsassociated with sections 206 and 207 ofthe Act. Sections 206 and 207 apply tolocomotives and locomotive enginespursuant to section 213(d) of the Act.Therefore, EPA has authority toestablish fees for locomotive andlocomotive engine testing pursuant tosection 217. EPA proposes to establishfees for this locomotive complianceprogram at some future time after theprogram is in place and the associatedcosts to EPA can be determined.C.3. Production Line Testing ProgramEPA is proposing a production linetesting (PLT) program pursuant to theAgency’s authority to implement andenforce the locomotive emissionsstandards. Section 213(d) subjects thenonroad (including locomotive)standards to the provisions of section206 of the Act, with such modificationsthat the Administrator deemsappropriate to the regulationsimplementing section 206, and directsEPA to enforce the nonroad standards inthe same manner as the Agency enforcesmotor vehicle standards.Section 206(a) provides EPA authorityto issue certificates of conformity withapplicable emissions standards tovehicles that demonstrate compliancewith such standards. Section 206(b)authorizes testing of new vehicles andengines being manufactured todetermine whether such vehicles andengines actually comply with thecertificate of conformity (i.e., testing ofvehicles and engines as they come offthe production line). If the results ofsuch testing show that all or part of therelevant vehicles or engines do notcomply with the certificate, EPA maysuspend or revoke the certificate inwhole or in part. Section 206(b)(1)provides that such testing may beconducted directly by the Agency, or bythe manufacturer in accordance withconditions specified by the Agency.Pursuant to its authority undersection 206, as applied to locomotiveemissions standards according tosection 213(d), EPA is proposing thatmanufacturers and, in some cases,remanufacturers of locomotives performproduction line testing of newlymanufactured and remanufacturedlocomotives. The PLT program wouldbe an emission compliance program inwhich manufacturers would be requiredto test locomotives as they leave thepoint where the manufacture iscompleted. The objective of the PLTprogram is to allow manufacturers,remanufacturers and EPA to determine,with reasonable certainty, whethercertification designs have beentranslated into production locomotivesthat meet applicable standards and/orFELs from the beginning, and beforeexcess emissions are generated in-use.