Resource Information: Plain-Language
                   Format  of Emission Regulations for
                   Nonroad  Engines
                     In the Clean Air Act, Congress has given the Environmental
                     Protection Agency (EPA) responsibility to set emission standards
                   for all types of highway and nonroad engines, vehicles, and equipment.
                   We have tried to write the regulations to adopt these emission standards
                   in a way that is easy to understand, even for someone with little legal
                   or engineering experience in reading regulations. This fact sheet
                   describes this approach to writing regulations and the plans to extend
                   this to other programs in the future.
     What issues does plain language address?
     Regulations related to engine emissions often involve complex language to imple-
     ment standards and procedures. However, we are making an extra effort to write the
     standards, instructions, and prohibitions in ways that are easy to understand and less
     likely to raise questions that require interpretation. This effort is consistent with
     Congress' instruction in the Plain Writing Act of 2010, which directs federal agencies
     to use plain language in official documents.
                   How is plain language different?
                   Writing plain-language regulations involves four main strategies. We:
                      •  Identify the group of people who are most affected and write it directly to
                        them. This way requirements and prohibitions sound more like instructions
                        that are short and to the point. We do make clear, however, that failing to
                        follow these instructions carries the same penalties as if they were written
                        more formally,
                      •  Generally use active verbs so it is clear who is responsible to do certain
                        things. -Avoid using technical or legal terms when common words communi-
                        cate the same meaning.
United States
Environmental Protection
Office of Transportation and Air Quality
                     August 2012

                 •   Organize the provisions to put related things together. This helps the reader find things
                    faster and reduces the risk of overlapping or inconsistent requirements. Leaving some
                    section and part numbers unused allows us to add related requirements in the future
                    without causing confusion.
             How are the new plain-language regulations organized?
             These regulations have three main portions:

                 •   The main element of the regulations sets emission standards for engines or equipment
                    (also known as the standard-setting part). This includes everything a manufacturer needs
                    to know to design compliant products, certify them, and show that they meet all the
                 •   Another part of the regulations has general procedures and specifications that describe
                    how to test engines to show that they meet emission standards. This includes analyzer
                    and test-fuel specifications and instructions for testing engines, calibrating equipment,
                    and calculating emission levels. We describe any testing provisions that are specific to a
                    particular type of engine in the standard-setting part,
                 •   A third part of the regulations describes how we administer and enforce our emission-
                    control programs. Many of these provisions come directly from the Clean Air Act. As
                    with the test procedures and specifications, we address compliance provisions that are
                    specific to a particular type  of engines in the standard-setting part. The general compli-
                    ance  provisions include:
                           o general prohibitions
                           o requirements for  people installing, using, or servicing certified engines
  /I  \                      o general exemptions for a variety of situations
                           o procedures for auditing production-line engines
                           o defect-reporting and recall
                           o hearing procedures

  £1  \        In effect, the standard-setting part serves as a handbook for manufacturers to meet all the require-
             ments that apply to them, while the general parts serve as reference materials for manufacturers
             and anyone involved in activities related to certified engines,

             Chapters, parts, sections, paragraphs—how does it all fit together?
             The Office of the Federal Register publishes the Code of Federal Regulations (CFR) with a
             uniform format and nomenclature that all federal agencies use when writing regulations. The
             CFR is divided into 50 "titles," of which Title 40 is reserved for all requirements related to envi-
             ronmental protection. As with all the titles in the CFR, Title 40 is divided into parts to address
             specific programs. Regulations initiated by the Office of Air and Radiation (OAR) have histori-
             cally all been located together in Parts 49 through 99. Within the Office of Air and Radiation,
a             the Office of Transportation and Air Quality has adopted emission standards for various types of
             highway and nonroad engines, which are generally in Parts 85 through 94.

To address the need for more regulatory parts for new programs and write them in plain language,
we have reserved a new set of parts—1000 through 1299. The first 100 of these parts are
reserved for emission control programs from the Office of Transportation and Air Quality, with
the intended distribution shown in Table 1 below. So far, we have adopted regulations in the
following new parts:

    •  Part 1027 specifies certification fees for all engines, vehicles, and equipment,
    •  Part 1033 is the standard-setting part for locomotives,
    •  Part 1036 is the standard-setting part for heavy-duty highway engines (only for green-
       house gas standards so far),
    •  Part 1037 is the standard-setting part for heavy-duty highway vehicles (only for green-
       house gas standards so far),
    •  Part 1039 is the standard-setting part for land-based nonroad diesel engines,
    •  Part 1042 is the standard-setting part for marine diesel engines,
    •  Part 1043 describes the requirements that apply under MARPOL Annex VI for marine
       diesel engines, including in-use fuel requirements,
    •  Part 1045 is the standard-setting part for marine spark-ignition engines,
    •  Part 1048 is the standard-setting part for nonroad spark-ignition engines over 19 kilowatts
       that are not used in recreational vehicles,
    •  Part 1051 is the standard-setting part for recreational vehicles, including snowmobiles,
       all-terrain vehicles, and off-highway motorcycles,
    •  Part 1054 is the standard-setting part for nonroad spark-ignition engines at or below 19
    •  Part 1060 specifies emission standards and test procedures for all types of nonroad engines,
    •  Part 1065 describes general provisions related to procedures for testing engines,
    •  Part 1066 describes general provisions related to procedures for testing vehicles,
    •  Part 1068 includes general compliance provisions,
    •  Part 1074 describes provisions related to preemption of state regulations.

Each of these parts has various subparts,  sections, and paragraphs. The following illustration
shows how these fit together and what format we use to identify them.

Part 1054
Subpart A
Section 1054.1
Note that a cross-reference to §1054.1(b) in this illustration would refer to the parent paragraph
(b) and all the paragraphs under it. For example, this would include paragraphs (b), (b)(l), (b)
(2), (b)(2)(i), and (b)(2)(ii). A reference to "§1054.l(b) introductory text" would refer only to
the single, parent paragraph (b).

             What are the advantages of taking this approach?
             The first step for anyone to comply with regulations is to understand them. We believe plain-
             language regulations will be a great help to those trying to meet all the requirements that apply.

             In addition, setting general testing provisions in Part  1065 and general compliance provisions in
             Part 1068 should greatly simplify and coordinate regulations across different programs,

                •  When we add a new standard-setting part to Subchapter U for a different category of
                   engines, we apply the existing provisions of Parts  1065 and 1068 as a supplement to the
                   new standard-setting part,
                •  If we need to change Parts 1065 or 1068 for any reason, those changes would automati-
                   cally apply to the other nonroad engines that  are  already regulated under those parts,
                •  Where the specific provisions of the general parts do not apply, or apply uniquely,  for a
                   particular type of engine, the standard-setting part can include provisions to make these

             This approach has three important implications:

                •  First, companies already subject to Parts 1065  and 1068 need to stay abreast of what we
                   are doing in other programs. We generally plan to apply the same provisions to everyone,
                   but we will go through a public process to do this  for each new category of engines. As a
                   result, there may be some changes resulting from discussions on an otherwise unrelated
                •  Second, by relying  on single "reference" sections to cover multiple programs, we will
                   necessarily take a consistent approach to these general regulatory provisions. Relying on
                   centralized reference sections prevents the risk of making corrections or improvements
                   in one program that don't apply to other programs where that would be the right thing
                   to do, which will be especially helpful for EPA management of multiple emission control
                   programs and for manufacturers involved in making engines for more than one kind of
                   nonroad application,
                •  Third, the standard-setting part will be smaller. Many of the older parts with nonroad
                   emission standards are 100-150 pages in the CFR. Moving the general provisions into
^^              stand-alone parts will allow us to condense the program-specific information in the
[                   standard-setting part down to about 50 pages,

             How would other programs  fit into the new scheme?
             The following table shows how we plan to use Subchapter U for regulations related to issues that
             fall under the responsibility of the Office  of Transportation and Air Quality. We generally refer
             to these as "mobile sources" of emissions.

                              Regulatory Blueprint for Parts 1000 through 1099
1000 through 1011 State/Federal Implementation Plans, Conformity, Other Broad Mobile-Source Issues
1012 through 1026 Highway vehicle programs
Light-duty vehicle standards (including clean fuel fleets/ILEV)
Fuel economy and FE retrofits (currently in 40 CFR parts 600 and 610)
Highway motorcycles
1027 through 1029 General certification provisions
Certification fees
adopted October 2008
1030 through 1056 Highway and nonroad engine and equipment programs
Heavy-duty highway engine standards
Heavy-duty highway vehicle standards
Nonroad diesel engines and equipment
Marine diesel engines and vessels
Marine vessel operations (MARPOL)
Marine spark-ignition engines and vessels
Large nonroad spark-ignition engines and equipment
Land-based recreational vehicles
Small nonroad spark-ignition engines and equipment
adopted June 2008
adopted September 2011
adopted September 2011
adopted June 2004
adopted June 2008
adopted April 2010
adopted October 2008
adopted November 2002
adopted November 2002
adopted October 2008
1057 through 1081 General provisions
General standards and procedures — evaporative emissions
General procedures for engine testing (SI and Cl)
General procedures for vehicle testing (SI and Cl)
General enforcement provisions for engine programs
Nonconformance penalties
adopted October 2008
adopted November 2002
adopted September 2011
adopted November 2002
adopted October 2008
1090 through 1099 In-usefuel requirements

             How Can I Get More Information?
             You can access documents related to emission standards on the Office of Transportation and
             Air Quality web site at:


             You can also contact the OTAQ library for document information at:

                      U.S. Environmental Protection Agency
                      Office of Transportation and Air Quality Library
                      2000 Traverwood Drive
                      Ann Arbor, Michigan 48105
                      (734)  214-4311& 214-4434
                      Email: Group_AALibrary@epa.gov

             For feedback on our use of plain language in the regulations or other documents, send us a
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