View all text of Subpart B [§ 1033.101 - § 1033.150]
§ 1033.150 - Interim provisions.
The provisions of this section apply instead of other provisions of this part for a limited time. This section describes when these provisions apply.
(a) [Reserved]
(b) Idle controls. A locomotive equipped with an automatic engine stop/start system that was originally installed before January 1, 2009 and that conforms to the requirements of § 1033.115(g) is deemed to be covered by a certificate of conformity with respect to the requirements of § 1033.115(g). Note that the provisions of subpart C of this part also allow you to apply for a conventional certificate of conformity for such systems.
(c) Locomotive labels for transition to new standards. This paragraph (c) applies when you remanufacture a locomotive that was previously certified under 40 CFR part 92. You must remove the old locomotive label and replace it with the locomotive label specified in § 1033.135.
(d) [Reserved]
(e) Producing switch locomotives using certified nonroad engines. You may use the provisions of this paragraph (e) to produce any number of freshly manufactured or refurbished switch locomotives in model years 2008 through 2017. Locomotives produced under this paragraph (e) are exempt from the standards and requirements of this part subject to the following provisions:
(1) All of the engines on the switch locomotive must be covered by a certificate of conformity issued under 40 CFR part 89 or 1039 for model year 2008 or later (or earlier model years if the same standards applied as in 2008). Engines over 750 hp certified to the Tier 4 standards for non-generator set engines are not eligible for this allowance after 2014.
(2) You must reasonably project that more of the engines will be sold and used for non-locomotive use than for use in locomotives.
(3) You may not generate or use locomotive credits under this part for these locomotives.
(4) Include the following statement on a permanent locomotive label: “THIS LOCOMOTIVE WAS CERTIFIED UNDER 40 CFR 1033.150(e). THE ENGINES USED IN THIS LOCOMOTIVE ARE SUBJECT TO REQUIREMENTS OF 40 CFR PARTS 1039 (or 89) AND 1068.”
(5) The rebuilding requirements of 40 CFR part 1068 apply when remanufacturing engines used in these locomotives.
(f) In-use compliance limits. For purposes of determining compliance other than for certification or production-line testing, calculate the applicable in-use compliance limits by adjusting the applicable standards/FELs. The PM adjustment applies only for model year 2017 and earlier locomotives and does not apply for locomotives with a PM FEL higher than 0.03 g/bhp-hr. The NO
Table 1 to § 1033.150—In-use Adjustments for Tier 4 Locomotives
| Fraction of useful life
already used | In-use adjustments (g/bhp-hr) | For model year
2017 and earlier Tier 4 NO | For model year 2017
and earlier Tier 4 PM standards | 0 <MW-hrs ≤50% of UL | 0.7 | 0.01 | 50 <MW-hrs ≤75% of UL | 1.0 | 0.01 | MW-hrs >75% of UL | 1.3 | 0.01 |
|---|
Table 2 to § 1033.150—Optional In-Use Adjustments for Tier 4 Locomotives
| Fraction of useful life
already used | In-use adjustments (g/bhp-hr) | For model year 2017
and earlier Tier 4 NO | For model year 2017 and earlier Tier 4 PM standards | 0 <MW-hrs ≤50% of UL | 0.2 | 0.03 | 50 <MW-hrs ≤75% of UL | 0.3 | 0.03 | MW-hrs >75% of UL | 0.4 | 0.03 |
|---|
(g) Optional interim Tier 4 compliance provisions for NO
(1) The provisions of this paragraph (g) apply instead of the deterioration factor requirements of §§ 1033.240 and 1033.245 for NO
(2) The applicable NO
(i) 1.3 g/bhp-hr for locomotives that have accumulated less than 50 hours of operation.
(ii) 1.3 plus 0.6 g/bhp-hr for locomotives that have accumulated 50 hours or more of operation.
(3) The engine family may not generate NO
(4) The design certification provisions of § 1033.240(c) do not apply for these locomotives for the next remanufacture.
(5) Manufacturers must comply with the production-line testing program in subpart D of this part for these engine families or the following optional program:
(i) You are not required to test locomotives in the family under subpart D of this part if you comply with the requirements of this paragraph (g)(5).
(ii) Test the locomotives as specified in subpart E of this part, with the following exceptions:
(A) The minimum test sample size is one percent of the number of locomotives in the family or five, whichever is less.
(B) The locomotives must be tested after they have accumulated 50 hours or more of operation but before they have reached 50 percent of their useful life.
(iii) The standards in this part for pollutants other than NO
(6) The engine family may use NO
(7) The in-use NO
(8) All other provisions of this part apply to such locomotives, except as specified otherwise in this paragraph (g).
(h)-(j) [Reserved]
(k) Test fuels. Testing performed during calendar years 2008 and 2009 may be performed using test fuels that meet the specifications of 40 CFR 92.113. If you do, adjust PM emissions downward by 0.04 g/bhp-hr to account for the difference in sulfur content of the fuel.