[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: 40CFR1039.240]



[Page 505-506]

 

                   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.  1039.240  How do I demonstrate that my engine family complies with 

exhaust emission standards?



    (a) For purposes of certification, your engine family is considered 

in compliance with the applicable numerical emission standards in Sec.  

1039.101(a) and (b), Sec.  1039.102(a) and (b), Sec.  1039.104, and 

Sec.  1039.105 if all emission-data engines representing that family 

have test results showing deteriorated emission levels at or below these 

standards. (Note: if you participate in the ABT program in subpart H of 

this part, your FELs are considered to be the applicable emission 

standards with which you must comply.)

    (b) Your engine family is deemed not to comply if any emission-data 

engine representing that family has test results showing a deteriorated 

emission level above an applicable FEL or emission standard from Sec.  

1039.101, Sec.  1039.102, Sec.  1039.104, or Sec.  1039.105 for any 

pollutant.

    (c) To compare emission levels from the emission-data engine with 

the applicable emission standards, apply deterioration factors to the 

measured emission levels for each pollutant. Section 1039.245 specifies 

how to test your engine to develop deterioration factors that represent 

the deterioration expected in emissions over your engines' full useful 

life. Your deterioration factors must take into account any available 

data from in-use testing with similar engines. Small-volume engine 

manufacturers may use assigned deterioration factors that we establish. 

Apply deterioration factors as follows:

    (1) Additive deterioration factor for exhaust emissions. Except as 

specified in paragraph (c)(2) of this section, use an additive 

deterioration factor for exhaust emissions. An additive deterioration 

factor for a pollutant is the difference between exhaust emissions at 

the end of the useful life and exhaust emissions at the low-hour test 

point. In these cases, adjust the official emission results for each 

tested engine at the selected test point by adding the factor to the 

measured emissions. If the factor is less than zero, use zero. Additive 

deterioration factors must be specified to one more decimal place than 

the applicable standard.

    (2) Multiplicative deterioration factor for exhaust emissions. Use a 

multiplicative deterioration factor if good engineering judgment calls 

for the deterioration factor for a pollutant to be the ratio of exhaust 

emissions at the end of the useful life to exhaust emissions at the low-

hour test point. For example, if you use aftertreatment technology that 

controls emissions of a pollutant proportionally to engine-out 

emissions, it is often appropriate to use a multiplicative deterioration 

factor. Adjust the official emission results for each



[[Page 506]]



tested engine at the selected test point by multiplying the measured 

emissions by the deterioration factor. If the factor is less than one, 

use one. A multiplicative deterioration factor may not be appropriate in 

cases where testing variability is significantly greater than engine-to-

engine variability. Multiplicative deterioration factors must be 

specified to one more significant figure than the applicable standard.

    (3) Deterioration factor for smoke. Deterioration factors for smoke 

are always additive, as described in paragraph (c)(1) of this section.

    (4) Deterioration factor for crankcase emissions. If your engine 

vents crankcase emissions to the exhaust or to the atmosphere, you must 

account for crankcase emission deterioration, using good engineering 

judgment. You may use separate deterioration factors for crankcase 

emissions of each pollutant (either multiplicative or additive) or 

include the effects in combined deterioration factors that include 

exhaust and crankcase emissions together for each pollutant.

    (d) Collect emission data using measurements to one more decimal 

place than the applicable standard. Apply the deterioration factor to 

the official emission result, as described in paragraph (c) of this 

section, then round the adjusted figure to the same number of decimal 

places as the emission standard. Compare the rounded emission levels to 

the emission standard for each emission-data engine. In the case of 

NOX+NMHC standards, apply the deterioration factor to each 

pollutant and then add the results before rounding.

    (e) For engines subject to NMHC standards, you may base compliance 

on total hydrocarbon (THC) emissions. Indicate in your application for 

certification if you are using this option. If you do, measure THC 

emissions and calculate NMHC emissions as 98 percent of THC emissions, 

as shown in the following equation:



NMHC = (0.98) x (THC).



[69 FR 39213, June 29, 2004, as amended at 70 FR 40463, July 13, 2005]