['Air Programs']
['Air Emissions']
03/22/2023
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§1033.1 Applicability.
The regulations in this part 1033 apply for all new locomotives and all locomotives containing a new locomotive engine, except as provided in §1033.5.
(a) Standards begin to apply each time a locomotive or locomotive engine is originally manufactured or otherwise becomes new (defined in §1033.901). The requirements of this part continue to apply as specified after locomotives cease to be new.
(b) Standards apply to the locomotive. However, in certain cases, the manufacturer/remanufacturer is allowed to test a locomotive engine instead of a complete locomotive, such as for certification. Also, you are not required to complete assembly of a locomotive to obtain a certificate of conformity for it, provided you meet the definition of “manufacturer” or “remanufacturer” (as applicable) in §1033.901. For example, an engine manufacturer may obtain a certificate for locomotives which it does not manufacture, if the locomotives use its engines.
(c) Standards apply based on the year in which the locomotive was originally manufactured. The date of original manufacture is generally the date on which assembly is completed for the first time. For example, all locomotives originally manufactured in calendar years 2002, 2003, and 2004 are subject to the Tier 1 emission standards for their entire service lives.
(d) The following provisions apply when there are multiple persons meeting the definition of manufacturer or remanufacturer in §1033.901:
(1) Each person meeting the definition of manufacturer must comply with the requirements of this part that apply to manufacturers; and each person meeting the definition of remanufacturer must comply with the requirements of this part that apply to remanufacturers. However, if one person complies with a specific requirement for a given locomotive, then all manufacturers/remanufacturers are deemed to have complied with that specific requirement.
(2) We will apply the requirements of subparts C, D, and E of this part to the manufacturer/remanufacturer that obtains the certificate of conformity for the locomotive. Other manufacturers and remanufacturers are required to comply with the requirements of subparts C, D, and E of this part only when notified by us. In our notification, we will specify a reasonable time period in which you need to comply with the requirements identified in the notice. See §1033.601 for the applicability of 40 CFR part 1068 to these other manufacturers and remanufacturers.
(3) For example, we may require a railroad that installs certified kits but does not hold the certificate to perform production line auditing of the locomotives that it remanufactures. However, if we did, we would allow the railroad a reasonable amount of time to develop the ability to perform such auditing.
(e) This part applies for locomotives that were certified as freshly manufactured or remanufactured locomotives under 40 CFR part 92.
[73 FR 37197, June 30, 2008, as amended at 81 FR 74004, Oct. 25, 2016; 88 FR 4484, Jan. 24, 2023]
§1033.5 Exemptions and exclusions.
(a) Subpart G of this part exempts certain locomotives from the standards of this part.
(b) The definition of “locomotive” in §1033.901 excludes certain vehicles. In general, the engines used in such excluded equipment are subject to standards under other regulatory parts. For example, see 40 CFR part 1039 for requirements that apply to diesel engines used in equipment excluded from the definition of “locomotive” in §1033.901. The following locomotives are also excluded from the provisions of this part 1033:
(1) Historic locomotives powered by steam engines. For a locomotive that was originally manufactured after January 1, 1973 to be excluded under this paragraph (b)(1), it may not use any internal combustion engines and must be used only for historical purposes such as at a museum or similar public attraction.
(2) Locomotives powered only by an external source of electricity.
(c) [Reserved]
(d) The provisions of this part do not apply for any auxiliary engine that only provides hotel power. In general, these engines are subject to the provisions of 40 CFR part 1039. However, depending on the engine cycle, model year and power rating, the engines may be subject to other regulatory parts instead.
(e) Manufacturers and owners of locomotives that operate only on non-standard gauge rails may ask us to exclude such locomotives from this part by excluding them from the definition of “locomotive”.
[ 88 FR 4484, Jan. 24, 2023]
§1033.10 Organization of this part.
The regulations in this part 1033 contain provisions that affect locomotive manufacturers, remanufacturers, and others. However, the requirements of this part are generally addressed to the locomotive manufacturer/remanufacturer. The term “you” generally means the manufacturer/remanufacturer, as defined in §1033.901. This part 1033 is divided into the following subparts:
(a) Subpart A of this part defines the applicability of part 1033 and gives an overview of regulatory requirements.
(b) Subpart B of this part describes the emission standards and other requirements that must be met to certify locomotives under this part. Note that §1033.150 discusses certain interim requirements and compliance provisions that apply only for a limited time.
(c) Subpart C of this part describes how to apply for a certificate of conformity.
(d) Subpart D of this part describes general provisions for testing and auditing production locomotives.
(e) Subpart E of this part describes general provisions for testing in-use locomotives.
(f) Subpart F of this part and 40 CFR part 1065 describe how to test locomotives and engines.
(g) Subpart G of this part and 40 CFR part 1068 describe requirements, prohibitions, exemptions, and other provisions that apply to locomotive manufacturer/remanufacturers, owners, operators, and all others.
(h) Subpart H of this part describes how you may generate and use emission credits to certify your locomotives.
(i) Subpart I of this part describes provisions for locomotive owners and operators.
(j) Subpart J of this part contains definitions and other reference information.
§1033.15 Other regulation parts that apply for locomotives.
(a) Part 1065 of this chapter describes procedures and equipment specifications for testing engines to measure exhaust emissions. Subpart F of this part 1033 describes how to apply the provisions of part 1065 of this chapter to test locomotives to determine whether they meet the exhaust emission standards in this part.
(b) The requirements and prohibitions of part 1068 of this chapter apply to everyone, including anyone who manufactures, remanufactures, imports, maintains, owns, or operates any of the locomotives subject to this part 1033. See §1033.601 to determine how to apply the part 1068 regulations for locomotives. Part 1068 of this chapter describes general provisions, including the following areas:
(1) Prohibited acts and penalties for locomotive manufacturer/remanufacturers and others.
(2) Exclusions and exemptions for certain locomotives.
(3) Importing locomotives.
(4) Selective enforcement audits of your production.
(5) Defect reporting and recall.
(6) Procedures for hearings.
(c) Other parts of this chapter apply if referenced in this part.
[73 FR 37197, June 30, 2008, as amended at 75 FR 22982, Apr. 30, 2010]
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