[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1039.115]



[Page 494]

 

                   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 B_Emission Standards and Related Requirements

 

Sec.  1039.115  What other requirements must my engines meet?



    Engines subject to this part must meet the following requirements, 

except as noted elsewhere in this part:

    (a) Crankcase emissions. Crankcase emissions may not be discharged 

directly into the ambient atmosphere from any engine, except as follows:

    (1) Engines may discharge crankcase emissions to the ambient 

atmosphere if the emissions are added to the exhaust emissions (either 

physically or mathematically) during all emission testing.

    (2) If you take advantage of this exception, you must do the 

following things:

    (i) Manufacture the engines so that all crankcase emissions can be 

routed into the applicable sampling systems specified in 40 CFR part 

1065.

    (ii) Account for deterioration in crankcase emissions when 

determining exhaust deterioration factors.

    (3) For purposes of this paragraph (a), crankcase emissions that are 

routed to the exhaust upstream of exhaust aftertreatment during all 

operation are not considered to be discharged directly into the ambient 

atmosphere.

    (b)-(d) [Reserved]

    (e) Adjustable parameters. Engines that have adjustable parameters 

must meet all the requirements of this part for any adjustment in the 

physically adjustable range. An operating parameter is not considered 

adjustable if you permanently seal it or if it is not normally 

accessible using ordinary tools. We may require that you set adjustable 

parameters to any specification within the adjustable range during any 

testing, including certification testing, selective enforcement 

auditing, or in-use testing.

    (f) Prohibited controls. You may not design your engines with 

emission-control devices, systems, or elements of design that cause or 

contribute to an unreasonable risk to public health, welfare, or safety 

while operating. For example, this would apply if the engine emits a 

noxious or toxic substance it would otherwise not emit that contributes 

to such an unreasonable risk.

    (g) Defeat devices. You may not equip your engines with a defeat 

device. A defeat device is an auxiliary emission-control device that 

reduces the effectiveness of emission controls under conditions that the 

engine may reasonably be expected to encounter during normal operation 

and use. This does not apply to auxiliary-emission control devices you 

identify in your certification application if any of the following is 

true:

    (1) The conditions of concern were substantially included in the 

applicable test procedures described in subpart F of this part.

    (2) You show your design is necessary to prevent engine (or 

equipment) damage or accidents.

    (3) The reduced effectiveness applies only to starting the engine.