We allow positive reporting errors (i.e., those errors that result in an underestimation of the manufacturer's positive credit balance) to be corrected provided that the errors are identified within 180 days of the time we receive the manufacturer's annual report.
N. Special Provisions for Post-Manufacture Marinizers
In general, we set engine emission standards that take effect at a set point in time, concurrently precluding the installation in vehicles or equipment of engines not certified to the new standards. The rigidity of this approach is lessened to some extent through averaging, banking, and trading programs, which allow engine manufacturers to produce engines that exceed the emission limits as long as the added emissions can be offset by engines that emit below the required levels. While this approach generally works well, additional flexibility provisions to help relieve compliance burdens may be needed in special cases.
Marine diesel engines are produced using one of three basic manufacturing methods. In the first, least common, method, marine engines are designed and built exclusively for marine applications. This is typically the case for very large Category 3 engines as well as some smaller engines that are produced for special niche markets. In the second method, an engine manufacturer produces a marine diesel engine using a land-based engine that was built by that same manufacturer. In the third method, an unrelated company, referred to here as a "marinizer" produces a marine diesel engine by purchasing a completed or partially completed land-based nonroad or highway engine from an engine manufacturer and modifying it for use in the marine environment according to the marinizing company's own processes. Marinizers tend to be small companies and their output is often designed for niche markets. To address their concerns, we are adopting several provisions to streamline the certification process for marinizers.
1. Application of Flexibility Provisions
The following flexibility provisions will be available only to these marinizers. We define the term post-manufacture marinizer as "an entity that produces a marine engine by modifying a non-marine engine, whether certified or uncertified, complete or partially complete, where such entity is not controlled by the manufacturer of the base engine or by an entity that also controls the manufacturer of the base engine." This definition no longer refers only to companies that "substantially modify" non-marine engines because the engine dressing exemption makes provision for companies whose marinization process does not include steps that might affect emissions.
A vessel manufacturer that substantially modifies a certified engine or an engine certified to a previous tier of emission limits or that installs an uncertified engine will be considered a marinizer and must comply with the certification and compliance provisions in this final rule. This clarification is necessary because it is not uncommon for vessel manufacturers to modify marine engines. This may be done to increase the power of an engine or to respond to the needs of a particular user. By considering these vessel manufacturers as marinizers, we will ensure that the engine modifications do not also increase the emissions of an otherwise certified engine.
2. Broader Engine Families
We are allowing marinizers to use a broad engine family definition. Under this provision, a marinizer may include any engines that have similar emission deterioration characteristics in one engine family. Thus, a marinizer could conceivably group all commercial marine diesel engines into one engine family. These engines must all be in the same category and they must be previously certified to meet land-based nonroad, locomotive, or heavy-duty highway emission standards. Separate engine families will be required for each category of marine engines.
Note that all other provisions of the final rule apply to this broad engine family including, but not limited to, selection and testing of an emission data engine, application of a deterioration factor (DF), and compliance with the standards.
Even with these larger engine families, marinizers are responsible to conduct testing on a worst-case engine. We can suggest some guidelines for identifying worst-emitter engines without the expense of conducting a full emission test on each engine calibration of each model.
Marinizers can utilize low-cost equipment and a simple procedure to routinely measure parts per million (ppm) levels of gaseous pollutants. We expect that every company operates most or all production engines for quality control purposes, probably with a small number of fixed cycles. Measuring for NOx emissions during that time provides an additional diagnostic for engine performance, and should provide a good benchmark for comparing emission levels across the product line. Measured ppm NOx readings should correlate closely with NOx emission levels from a full certification test. Conversely, the lowest measured NOx emissions (or highest CO emissions) are an indication of the worst PM emitter. The marinizer may choose to send in test data from a single duty cycle on a single engine, but remains liable for all pollutants on all engines in the family, with any applicable duty cycle.
This guidance suggests a possible means by which a post-manufacture marinizer can limit the testing burden in the effort to certify broad engine families where it may not be apparent which engine to test. If this does not address a marinizer's concerns, the remaining alternative is to certify each engine family, using the standard engine-family definition.
3. Carryover Provisions
Engine manufacturers may carry over engine data generated in a previous model year's certification to certify for the current year. This provision will also apply to the broader engine families of marinizers, with the constraint that the marinizer will need to generate new data if any model in the broad engine family is modified in any way that will make it the highest emitter in the family.
4. Streamlined Certification for Subsequent Years
We are adopting a streamlined certification process for marinizers. This process applies beginning with the year after the relevant implementation dates and continues until engine design changes cause a different engine model to be the highest emitter in the marinizer's broad engine family. Recertification would be required at that point. Under this streamlined certification process, the marinizer submits an annual certification application stating that there have been no changes in the design or production of the engine models that make up the engine family. If there have been changes, the marinizer can still avoid a complete certification submission with test data by demonstrating that there is no change in the identity of the highest emitter or its emissions.
5. Additional Compliance Time
Marinizers generally depend on engine manufacturers producing base engines for marinizing and may therefore be affected by circumstances beyond their control.
