[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: 40CFR1039.610] [Page 513-515] 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 G_Special Compliance Provisions Sec. 1039.610 What provisions apply to vehicles certified under the motor-vehicle program? (a) General provisions. If you are a motor-vehicle manufacturer, this section allows you to introduce new nonroad engines or equipment into commerce if the vehicle is already certified to the requirements that apply under 40 CFR parts 85 and 86. If you comply with all of the provisions of this section, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1039 for its model year, without a separate application for certification under the requirements of this part 1039. See Sec. 1039.605 for similar provisions that apply to motor-vehicle engines produced for nonroad equipment. (b) Equipment-manufacturer provisions. If you are not an engine manufacturer, you may produce nonroad equipment from motor vehicles under this section as long as the equipment has the labels specified in paragraph (d)(5) of this section and you do not make any of the changes described in paragraph (d)(2) of this section. You must also add the fuel-inlet label we specify in Sec. 1039.135(e). If you modify the motor vehicle or its engine in any of the ways described in paragraph (d)(2) of this section, we will consider you a manufacturer of a new nonroad engine. Such modifications prevent you from using the provisions of this section. [[Page 514]] (c) Liability. Engines, vehicles, and equipment for which you meet the requirements of this section are exempt from all the requirements and prohibitions of this part, except for those specified in this section. Engines exempted under this section must meet all the applicable requirements from 40 CFR parts 85 and 86. This applies to engine manufacturers, equipment manufacturers, and all other persons as if the nonroad equipment were motor vehicles. The prohibited acts of Sec. 1068.101(a)(1) apply to these new pieces of equipment; however, we consider the certificate issued under 40 CFR part 86 for each motor vehicle to also be a valid certificate of conformity for the engine under this part 1039 for its model year. If we make a determination that these engines, vehicles, or equipment do not conform to the regulations during their useful life, we may require you to recall them under 40 CFR part 86 or 40 CFR 1068.505. (d) Specific requirements. If you are a motor-vehicle manufacturer and meet all the following criteria and requirements regarding your new nonroad equipment and its engine, the engine is eligible for an exemption under this section: (1) Your equipment must be covered by a valid certificate of conformity as a motor vehicle issued under 40 CFR part 86. (2) You must not make any changes to the certified vehicle that we could reasonably expect to increase its exhaust emissions for any pollutant, or its evaporative emissions if it is subject to evaporative- emission standards. For example, if you make any of the following changes, you do not qualify for this exemption: (i) Change any fuel system parameters from the certified configuration. (ii) Change, remove, or fail to properly install any other component, element of design, or calibration specified in the vehicle manufacturer's application for certification. This includes aftertreatment devices and all related components. (iii) Modify or design the engine cooling system so that temperatures or heat rejection rates are outside the original vehicle manufacturer's specified ranges. (iv) Add more than 500 pounds to the curb weight of the originally certified motor vehicle. (3) You must show that fewer than 50 percent of the total sales as a motor vehicle or a piece of nonroad equipment, from all companies, are used in nonroad applications, as follows: (i) If you are the original manufacturer of the vehicle, base this showing on your sales information. (ii) In all other cases, you must get the original manufacturer of the vehicle to confirm this based on their sales information. (4) The equipment must have the vehicle emission control information and fuel labels we require under 40 CFR 86.007-35. (5) You must add a permanent supplemental label to the equipment in a position where it will remain clearly visible. In the supplemental label, do the following: (i) Include the heading: ``NONROAD ENGINE EMISSION CONTROL INFORMATION''. (ii) Include your full corporate name and trademark. You may instead include the full corporate name and trademark of another company you choose to designate. (iii) State: ``THIS VEHICLE WAS ADAPTED FOR NONROAD USE WITHOUT AFFECTING ITS EMISSION CONTROLS. THE EMISSION-CONTROL SYSTEM DEPENDS ON THE USE OF FUEL MEETING SPECIFICATIONS THAT APPLY FOR MOTOR-VEHICLE APPLICATIONS. OPERATING THE ENGINE ON OTHER FUELS MAY BE A VIOLATION OF FEDERAL LAW.''. (iv) State the date you finished modifying the vehicle (month and year), if applicable. (6) The original and supplemental labels must be readily visible in the fully assembled equipment. (7) Send the Designated Compliance Officer a signed letter by the end of each calendar year (or less often if we tell you) with all the following information: (i) Identify your full corporate name, address, and telephone number. (ii) List the equipment models you expect to produce under this exemption in the coming year. [[Page 515]] (iii) State: ``We produce each listed engine or equipment model for nonroad application without making any changes that could increase its certified emission levels, as described in 40 CFR 1039.610.''. (e) Failure to comply. If your engines, vehicles, or equipment do not meet the criteria listed in paragraph (d) of this section, the engines will be subject to the standards, requirements, and prohibitions of this part 1039, and the certificate issued under 40 CFR part 86 will not be deemed to also be a certificate issued under this part 1039. Introducing these engines into commerce without a valid exemption or certificate of conformity under this part violates the prohibitions in 40 CFR 1068.101(a)(1). (f) Data submission. We may require you to send us emission test data on any applicable nonroad duty cycles. (g) Participation in averaging, banking and trading. Vehicles adapted for nonroad use under this section may not generate or use emission credits under this part 1039. These vehicles may generate credits under the ABT provisions in 40 CFR part 86. These vehicles must be included in the calculation of the applicable fleet average in 40 CFR part 86. [69 FR 39213, June 29, 2004, as amended at 70 FR 40463, July 13, 2005]