[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: 40CFR1039.235]



[Page 504-505]

 

                   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 C_Certifying Engine Families

 

Sec.  1039.235  What emission testing must I perform for my application 

for a certificate of conformity?



    This section describes the emission testing you must perform to show 

compliance with the emission standards in Sec.  1039.101(a) and (b) or 

Sec.  1039.102(a) and (b). See Sec.  1039.205(p) regarding emission 

testing related to the NTE standards. See Sec.  1039.240, Sec.  

1039.245, and 40 CFR part 1065, subpart E, regarding service 

accumulation before emission testing.

    (a) Test your emission-data engines using the procedures and 

equipment specified in subpart F of this part.

    (b) Select an emission-data engine from each engine family for 

testing. Select the engine configuration with the highest volume of fuel 

injected per cylinder per combustion cycle at the point of maximum 

torque--unless good engineering judgment indicates that a different 

engine configuration is more likely to exceed (or have emissions nearer 

to) an applicable emission standard or FEL. If two or more engines have 

the same fueling rate at maximum torque, select the one with the highest 

fueling rate at rated speed. In making this selection, consider all 

factors expected to affect emission-control performance and compliance 

with the standards, including emission levels of all exhaust 

constituents, especially NOX and PM.

    (c) We may measure emissions from any of your test engines or other 

engines from the engine family, as follows:

    (1) We may decide to do the testing at your plant or any other 

facility. If we do this, you must deliver the test engine to a test 

facility we designate. The test engine you provide must include 

appropriate manifolds, aftertreatment devices, electronic control units, 

and other emission-related components not normally attached directly to 

the engine block. If we do the testing at your plant, you must schedule 

it as soon as possible and make available the instruments, personnel, 

and equipment we need.

    (2) If we measure emissions on one of your test engines, the results 

of that



[[Page 505]]



testing become the official emission results for the engine. Unless we 

later invalidate these data, we may decide not to consider your data in 

determining if your engine family meets applicable requirements.

    (3) Before we test one of your engines, we may set its adjustable 

parameters to any point within the physically adjustable ranges (see 

Sec.  1039.115(e)).

    (4) Before we test one of your engines, we may calibrate it within 

normal production tolerances for anything we do not consider an 

adjustable parameter.

    (d) You may ask to use emission data from a previous model year 

instead of doing new tests, but only if all the following are true:

    (1) The engine family from the previous model year differs from the 

current engine family only with respect to model year.

    (2) The emission-data engine from the previous model year remains 

the appropriate emission-data engine under paragraph (b) of this 

section.

    (3) The data show that the emission-data engine would meet all the 

requirements that apply to the engine family covered by the application 

for certification.

    (e) We may require you to test a second engine of the same or 

different configuration in addition to the engine tested under paragraph 

(b) of this section.

    (f) If you use an alternate test procedure under 40 CFR 1065.10 and 

later testing shows that such testing does not produce results that are 

equivalent to the procedures specified in subpart F of this part, we may 

reject data you generated using the alternate procedure.