[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: 40CFR1039.245]



[Page 506-507]

 

                   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.  1039.245  How do I determine deterioration factors from exhaust 

durability testing?



    Establish deterioration factors to determine whether your engines 

will meet emission standards for each pollutant throughout the useful 

life, as described in Sec. Sec.  1039.101 and 1039.240. This section 

describes how to determine deterioration factors, either with an 

engineering analysis, with pre-existing test data, or with new emission 

measurements. If you are required to perform durability testing, see 

Sec.  1039.125 for limitations on the maintenance that you may perform 

on your emission-data engine.

    (a) You may ask us to approve deterioration factors for an engine 

family with established technology based on engineering analysis instead 

of testing. Engines certified to a NOX+NMHC standard or FEL 

greater than the Tier 3 NOX+NMHC standard described in 40 CFR 

89.112 are considered to rely on established technology for gaseous 

emission control, except that this does not include any engines that use 

exhaust-gas recirculation or aftertreatment. In most cases, technologies 

used to meet the Tier 1 and Tier 2 emission standards would be 

considered to be established technology.

    (b) You may ask us to approve deterioration factors for an engine 

family based on emission measurements from similar highway or nonroad 

engines if you have already given us these data for certifying the other 

engines in the same or earlier model years. Use good engineering 

judgment to decide whether the two engines are similar. We will approve 

your request if you show us that the emission measurements from other 

engines reasonably represent in-use deterioration for the engine family 

for which you have not yet determined deterioration factors.

    (c) If you are unable to determine deterioration factors for an 

engine family under paragraph (a) or (b) of this section, select 

engines, subsystems, or components for testing. Determine deterioration 

factors based on service accumulation and related testing to represent 

the deterioration expected from in-use engines over the full useful 

life. You must measure emissions from the emission-data engine at least 

three



[[Page 507]]



times with evenly spaced intervals of service accumulation. You may use 

extrapolation to determine deterioration factors once you have 

established a trend of changing emissions with age for each pollutant. 

You may use an engine installed in nonroad equipment to accumulate 

service hours instead of running the engine only in the laboratory. You 

may perform maintenance on emission-data engines as described in Sec.  

1039.125 and 40 CFR part 1065, subpart E. Use good engineering judgment 

for all aspects of the effort to establish deterioration factors under 

this paragraph (c).

    (d) Include the following information in your application for 

certification:

    (1) If you use test data from a different engine family, explain why 

this is appropriate and include all the emission measurements on which 

you base the deterioration factor.

    (2) If you determine your deterioration factors based on engineering 

analysis, explain why this is appropriate and include a statement that 

all data, analyses, evaluations, and other information you used are 

available for our review upon request.

    (3) If you do testing to determine deterioration factors, describe 

the form and extent of service accumulation, including a rationale for 

selecting the service-accumulation period and the method you use to 

accumulate hours.