Nonroad  Diesel Technical Amendments
     and Tier 3 Technical Relief Provision
         The U.S. Environmental Protection Agency is publishing a direct
         final rule to provide nonroad equipment manufactures with a
    production technical relief provision in the Tier 3 timeframe. EPA is
    also including some technical amendments to 40 CFR Parts 9, 89, and
    1039 to correct a variety of regulatory provisions.

    This direct final rule provides nonroad diesel equipment manufacturers with a
    production technical relief provision for Tier 3 equipment, which is similar to the
    technical relief provision already available for Tier 4 equipment. The provision is
    for equipment manufacturers that do not make the engine used in their equipment.
    (For Tier 4 technical relief provisions, read the Clean Air Nonroad Diesel Rule Fact

    Tier 3 Technical Relief Provision for Nonroad Diesel Equipment
    The direct final rule establishes a technical relief provision that allows manufactur-
    ers to produce equipment that uses engines not conforming to the Tier 3 standard if
    for every 1 % of the equipment production using this relief, a percentage of produc-
    tion equipment flexibility allowance for Tier 4 is sacrificed from the comparable Tier
    4 power category plus an additional 1 % from any potential Tier 4 technical relief
    that the EPA might grant. The Tier 4 percent of production sacrifice is based on the
    percentage of earlier tier (e.g. Tier 2) engines utilized.

    Because the Tier 3 and Tier 4 rules have different power category ranges, we specify
    the corresponding  power categories as seen in Table  1. The Tier 3 power categories
    of 37 to 75kW and 75 to 130kW correspond to the Tier 4 power category of 56 to
    130kW. The sum of all the Tier 3 units that are exempted by the technical relief
    divided by the sum of all the Tier 3 units sold in the  corresponding Tier 4 power
    category will determine the percentage of Tier 4 equipments affected. The technical
    relief program is presented in tabular form in Table 2.
United States
Environmental Protection
Office of Transportation and Air Quality
                   September 2007

Table 1 . Power Categories
Tier 3 Power Category
7kWto 75kW**, 75kWto 130kW
Tier 4 Power
                  * Applies only to use of engines rated between 37kW and 56kW by small volume
                  equipment manufacturers.
                  ** Includes only equipment that uses engines with a rated power greater than 56kW.
Table 2. Technical Relief Usage
Use of Percent of Production Allowance
by Equipment Manufacturer During
Implementation of Tier 2 Program
0 to 20%
20 to 40%
40 to 60%
Offsetting Deductions Required for
Use of One Percent of Tier 3
Technical Relief
Tier 4 Percent of
Production Allowance
Tier 4
           The need for technical relief must be demonstrated. The requirements for this technical relief
           provision are:

                 Demonstrated technical need for nonvertically integrated product

                 Unable to complete redesign during transition due to the fault of the engine supplier

                 Full allowance is limited to the first two years of Tier 3

                 Phased-in by power category with flexibility use

                 Up to a maximum of an additional 50% beyond original 80%

                 Without technical relief, flexibility provisions would apply seven years or until fully

                 Applies to 56 to 560 kW categories only for the percent of production and only available
                  between 37 to 75  kW for the small volume

                 Requires documentation of the technical or engineering problem that was unsolvable
                  within the given lead time

                 Normal design cycle between the engine manufacturer and the equipment manufacturer
                  and why that process did not work in this instance
           Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision

       All information received by the equipment manufacturer from the engine manufacturer

       Comparison of the design process for the equipment model for which the exemption is
       requested versus those for which the exemption is not needed

       The equipment maker would have to make and describe all efforts to find other
       compliant engines for the model

       EPA would decide on a case-by-case basis what additional percentage, if any, of
       additional relief would be provided

The technical relief for small volume equipment manufacturers is similar to the equipment
manufacturer technical relief with the distinction that it applies only to small volume equip-
ment manufacturers. The following criteria for small volume apply:

       550 unit cap

       Small volume technical relief is only available to the 37 to 56 kW range and the 56 to
       75 kW range

This provision ensures that the environmental deficit associated with this additional relief
beyond the original scope of the Tier 3 program is mitigated and new technology is introduced
sooner in Tier 4. It also encourages use of this program for only those situations in which it
would absolutely be needed.

EPA is also making several technical amendments to correct various regulatory provisions in the
regulations for nonroad diesel engines.
Public Participation Opportunities
This regulation is being released as a direct final rule because we view it as a non-controversial
action and anticipate no adverse comment. However, comments can be submitted under a paral-
lel Notice of Proposed Rulemaking. For instructions on submitting written comments, please see
the Federal Register notice, which is available from the Web site below or from the EPA Air and
Radiation Docket (call 202-566-1742 and refer to Docket No. EPA-HQ-OAR-2007-0652). You
can access the rule and related documents from EPA's Office of Transportation and Air Quality
For More Information
Please contact the Assessment and Standards Division:
          Assessment and Standards Division
          Office of Transportation and Air Quality
          U.S. Environmental Protection Agency
          2000 Traverwood Dr.
          Ann Arbor, MI 48105
          Phone: 734-214-4636

Nonroad Diesel Technical Amendments and Tier 3 Technical Relief Provision