§ 1068.1 - Does this part apply to me?

§ 1068.1 Does this part apply to me?

Cross Reference

Link to an amendment published at 88 FR 4712, Jan. 24, 2023.

(a) The provisions of this part apply to everyone with respect to the engine and equipment categories as described in this paragraph (a). The provisions of this part apply to everyone, including owners, operators, parts manufacturers, and persons performing maintenance. Where we identify an engine category, the provisions of this part also apply with respect to the equipment using such engines. This part applies to different engine and equipment categories as follows:

(1) This part applies to motor vehicles we regulate under 40 CFR part 86, subpart S, to the extent and in the manner specified in 40 CFR parts 85 and 86.

(2) This part 1068 applies for heavy-duty motor vehicles and motor vehicle engines we regulate under 40 CFR part 1037, subject to the provisions of 40 CFR parts 85 parts 1036 and 1037. This includes trailers. This part 1068 applies to other heavy-duty motor vehicles and motor vehicle engines certified under 40 CFR part 86 to the extent and in the manner specified in 40 CFR parts 85, 86, and 1036.

(3) This part applies to highway motorcycles we regulate under 40 CFR part 86, subparts E and F, to the extent and in the manner specified in 40 CFR parts 85 and 86.

(4) This part applies to aircraft and aircraft engines we regulate under 40 CFR part 87parts 1030 and 1031 to the extent and in the manner specified in 40 CFR part 87parts 1030 and 1031.

(5) This part 1068 applies for locomotives that are subject to the provisions of 40 CFR part 1033. This part does not apply for locomotives or locomotive engines that were originally manufactured before July 7, 2008, and that have not been remanufactured on or after July 7, 2008.

(6) This part 1068 applies for land-based nonroad compression-ignition engines that are subject to the provisions of 40 CFR part 1039. This part 1068 applies for engines certified under 40 CFR part 89 to the extent and in the manner specified in 40 CFR part 1039.

(7) This part applies for stationary compression-ignition engines certified using the provisions of 40 CFR parts 1039 and 1042 as described in 40 CFR part 60, subpart IIII.

(8) This part 1068 applies for marine compression-ignition engines that are subject to the provisions of 40 CFR part 1042. This part 1068 applies for marine compression-ignition engines certified under 40 CFR part 94 to the extent and in the manner specified in 40 CFR part 1042.

(9) This part 1068 applies for marine spark-ignition engines that are subject to the provisions of 40 CFR part 1045. This part 1068 applies for marine spark-ignition engines certified under 40 CFR part 91 to the extent and in the manner specified in 40 CFR part 1045.

(10) This part applies for large nonroad spark-ignition engines that are subject to the provisions of 40 CFR part 1048.

(11) This part applies for stationary spark-ignition engines certified using the provisions of 40 CFR part 1048 or 1054, as described in 40 CFR part 60, subpart JJJJ.

(12) This part applies for recreational engines and vehicles, including snowmobiles, off-highway motorcycles, and all-terrain vehicles that are subject to the provisions of 40 CFR part 1051.

(13) This part applies for small nonroad spark-ignition engines that are subject to the provisions of 40 CFR part 1054. This part 1068 applies for nonroad spark-ignition engines certified under 40 CFR part 90 to the extent and in the manner specified in 40 CFR part 1054.

(14) This part applies for fuel-system components installed in nonroad equipment powered by volatile liquid fuels that are subject to the provisions of 40 CFR part 1060.

(15) This part 1068 applies to portable fuel containers we regulate under 40 CFR part 59 to the extent and in the manner specified in 40 CFR part 59, subpart F.

(b) [Reserved]

(c) Paragraph (a) of this section identifies the parts of the CFR that define emission standards and other requirements for particular types of engines and equipment. This part 1068 refers to each of these other parts generically as the “standard-setting part.” For example, 40 CFR part 1051 is always the standard-setting part for snowmobiles. Follow the provisions of the standard-setting part if they are different than any of the provisions in this part.

(d) Specific provisions in this part 1068 start to apply separate from the schedule for certifying engines/equipment to new emission standards, as follows:

(1) The provisions of §§ 1068.30 and 1068.310 apply for stationary spark-ignition engines built on or after January 1, 2004, and for stationary compression-ignition engines built on or after January 1, 2006.

(2) [Reserved]

(3) The standard-setting part may specify how the provisions of this part 1068 apply for uncertified engines/equipment.

[81 FR 74217, Oct. 25, 2016, as amended at 86 FR 34588, June 29, 2021; 88 FR 4712, Jan. 24, 2023]