[Code of Federal Regulations] [Title 40, Volume 30] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1039.1] [Page 468-470] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 1039_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES--Table of Contents Subpart A_Overview and Applicability Sec. 1039.1 Does this part apply for my engines? Subpart A_Overview and Applicability Sec. 1039.1 Does this part apply for my engines? 1039.5 Which engines are excluded from this part's requirements? 1039.10 How is this part organized? 1039.15 Do any other regulation parts apply to me? 1039.20 What requirements from this part apply to excluded stationary engines? Subpart B_Emission Standards and Related Requirements 1039.101 What exhaust emission standards must my engines meet after the 2014 model year? 1039.102 What exhaust emission standards and phase-in allowances apply for my engines in model year 2014 and earlier? 1039.104 Are there interim provisions that apply only for a limited time? 1039.105 What smoke standards must my engines meet? 1039.107 What evaporative emission standards and requirements apply? 1039.110 [Reserved] 1039.115 What other requirements must my engines meet? 1039.120 What emission-related warranty requirements apply to me? 1039.125 What maintenance instructions must I give to buyers? 1039.130 What installation instructions must I give to equipment manufacturers? 1039.135 How must I label and identify the engines I produce? 1039.140 What is my engine's maximum engine power? Subpart C_Certifying Engine Families 1039.201 What are the general requirements for obtaining a certificate of conformity? 1039.205 What must I include in my application? 1039.210 May I get preliminary approval before I complete my application? 1039.220 How do I amend the maintenance instructions in my application? 1039.225 How do I amend my application for certification to include new or modified engines? 1039.230 How do I select engine families? 1039.235 What emission testing must I perform for my application for a certificate of conformity? 1039.240 How do I demonstrate that my engine family complies with exhaust emission standards? 1039.245 How do I determine deterioration factors from exhaust durability testing? 1039.250 What records must I keep and what reports must I send to EPA? 1039.255 What decisions may EPA make regarding my certificate of conformity? 1039.260 What provisions apply to engines that are conditionally exempted from certification? Subpart D [Reserved] Subpart E_In-use Testing 1039.401 General provisions. Subpart F_Test Procedures 1039.501 How do I run a valid emission test? 1039.505 How do I test engines using steady-state duty cycles, including ramped-modal testing? 1039.510 Which duty cycles do I use for transient testing? 1039.515 What are the test procedures related to not-to-exceed standards? 1039.520 What testing must I perform to establish deterioration factors? 1039.525 How do I adjust emission levels to account for infrequently regenerating aftertreatment devices? Subpart G_Special Compliance Provisions 1039.601 What compliance provisions apply to these engines? 1039.605 What provisions apply to engines already certified under the motor-vehicle program? 1039.610 What provisions apply to vehicles already certified under the motor-vehicle program? 1039.615 What special provisions apply to engines using noncommercial fuels? 1039.620 What are the provisions for exempting engines used solely for competition? 1039.625 What requirements apply under the program for equipment- manufacturer flexibility? 1039.626 What special provisions apply to equipment imported under the equipment-manufacturer flexibility program? 1039.627 What are the incentives for equipment manufacturers to use cleaner engines? 1039.630 What are the economic hardship provisions for equipment manufacturers? [[Page 469]] 1039.635 What are the hardship provisions for engine manufacturers? 1039.640 What special provisions apply to branded engines? 1039.645 What special provisions apply to engines used for transportation refrigeration units? 1039.650 [Reserved] 1039.655 What special provisions apply to engines sold in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands? 1039.660 What special provisions apply to Independent Commercial Importers? Subpart H_Averaging, Banking, and Trading for Certification 1039.701 General provisions. 1039.705 How do I generate and calculate emission credits? 1039.710 How do I average emission credits? 1039.715 How do I bank emission credits? 1039.720 How do I trade emission credits? 1039.725 What must I include in my application for certification? 1039.730 What ABT reports must I send to EPA? 1039.735 What records must I keep? 1039.740 What restrictions apply for using emission credits? 1039.745 What can happen if I do not comply with the provisions of this subpart? Subpart I_Definitions and Other Reference Information 1039.801 What definitions apply to this part? 1039.805 What symbols, acronyms, and abbreviations does this part use? 1039.810 What materials does this part reference? 1039.815 What provisions apply to confidential information? 1039.820 How do I request a hearing? Appendix I to Part 1039 [Reserved] Appendix II to Part 1039--Steady-state Duty Cycles for Constant-Speed Engines Appendix III to Part 1039--Steady-state Duty Cycles for Variable-Speed Engines with Maximum Power below 19 kW Appendix IV to Part 1039--Steady-state Duty Cycles for Variable-Speed Engines with Maximum Power at or above 19 kW Appendix V to Part 1039 [Reserved] Appendix VI to Part 1039--Nonroad Compression-ignition Composite Transient Cycle Authority: 42 U.S.C. 7401-7671(q). Source: 69 FR 39213, June 29, 2004, unless otherwise noted. Effective Date Note: At 69 FR 39213, June 29, 2004, part 1039 was added, effective Aug. 30, 2004. (a) The regulations in this part 1039 apply for all new, compression-ignition nonroad engines (defined in Sec. 1039.801), except as provided in Sec. 1039.5. (b) This part 1039 applies as follows: (1) This part 1039 applies for all engines subject to the emission standards specified in subpart B of this part starting with the model years noted in the following table: Table 1 of Sec. 1039.1.--Part 1039 Applicability by Model Year ------------------------------------------------------------------------ Power category Model year ------------------------------------------------------------------------ kW < 19.................................................... \1\ 2008 19 <= kW < 56............................................. \2\ 2008 56 <= kW < 130............................................. 2012 130 <= kW <= 560........................................... 2011 kW 560......................................... 2011 ------------------------------------------------------------------------ \1\ As described in Sec. 1039.102, some engines below 19 kW may not be subject to the emission standards in this part until the 2010 model year. \2\ As described in Sec. 1039.102, some engines in the 19-56 kW power category may not be subject to the emission standards in this part until the 2012 model year. (2) If you use the provisions of Sec. 1039.104(a) to certify an engine to the emission standards of this part before the model years shown in Table 1 of this section, all the requirements of this part apply for those engines. (3) See 40 CFR part 89 for requirements that apply to engines not yet subject to the requirements of this part 1039. (4) This part 1039 applies for other compression-ignition engines as follows: (i) The provisions of paragraph (c) of this section and Sec. 1039.801 apply for stationary engines beginning January 1, 2006. (ii) The provisions of Sec. 1039.620 and Sec. 1039.801 apply for engines used solely for competition beginning January 1, 2006. (c) The definition of nonroad engine in 40 CFR 1068.30 excludes certain engines used in stationary applications. [[Page 470]] These engines are not required to comply with this part, except for the requirements in Sec. 1039.20. In addition, the prohibitions in 40 CFR 1068.101 restrict the use of stationary engines for nonstationary purposes. (d) In certain cases, the regulations in this part 1039 apply to engines at or above 250 kW that would otherwise be covered by 40 CFR part 1048. See 40 CFR 1048.620 for provisions related to this allowance.