[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: 40CFR1048.415]



[Page 576-577]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1048_CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION 

ENGINES--Table of Contents

 

                    Subpart E_Testing In-use Engines

 

Sec.  1048.415  What happens if in-use engines do not meet requirements?



    (a) Determine the reason each in-use engine exceeds the emission 

standards.

    (b) If the average emission levels calculated in Sec.  1048.410(h) 

exceed any of



[[Page 577]]



the emission standards that apply, notify us within fifteen days of 

completing testing on this family. Otherwise follow the reporting 

instructions in Sec.  1048.420.

    (c) We will consider failure rates, average emission levels, and any 

defects--among other things--to decide on taking remedial action under 

this subpart (see 40 CFR 1068.505). We may consider the results from any 

voluntary additional testing you conduct. We may also consider 

information related to testing from other engine families showing that 

you designed them to exceed the minimum requirements for controlling 

emissions. We may order a recall before or after you complete testing of 

an engine family if we determine a substantial number of engines do not 

conform to section 213 of the Act or to this part.

    (d) If in-use testing reveals a design or manufacturing defect that 

prevents engines from meeting the requirements of this part, you must 

correct the defect as soon as possible for any future production for 

engines in every family affected by the defect.

    (e) You may voluntarily recall an engine family for emission 

failures, as described in 40 CFR 1068.535, unless we have ordered a 

recall for that family under 40 CFR 1068.505.

    (f) You have the right to a hearing before we order you to recall 

your engines or implement an alternative remedy (see Sec.  1048.820).