[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: 40CFR1051.235]



[Page 634-635]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES

--Table of Contents

 

                  Subpart C_Certifying Engine Families

 

Sec.  1051.235  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 subpart B of this part.

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

equipment specified in subpart F of this part. Where specifically 

required or allowed, test the engine instead of the vehicle. For 

evaporative emissions, test the fuel system components separate from the 

vehicle.

    (b) Select from each engine family an emission-data vehicle, and a 

fuel system for each fuel type with a configuration that is most likely 

to exceed the emission standards, using good engineering judgment. 

Consider the emission levels of all exhaust constituents over the full 

useful life of the vehicle.

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

engines (or any other vehicles or 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 vehicle or engine to 

a test facility we designate. The test vehicle or 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 vehicles or engines, 

the results of that testing become the official emission results. 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 vehicles or engines, we may set its 

adjustable parameters to any point within the physically adjustable 

ranges (see Sec.  1051.115(c)).

    (4) Before we test one of your vehicles or engines, we may calibrate 

it within normal production tolerances for anything we do not consider 

an adjustable parameter.

    (d) You may use previously generated emission data in the following 

cases:

    (1) 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:



[[Page 635]]



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

current engine family only with respect to model year.

    (ii) The emission-data vehicle from the previous model year remains 

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

section.

    (iii) The data show that the emission-data vehicle would meet all 

the requirements that apply to the engine family covered by the 

application for certification.

    (2) You may submit emission data for equivalent engine families 

performed to show compliance with other standards (such as California 

standards) instead of doing new tests, but only if the data show that 

the test vehicle or engine would meet all of this part's requirements.

    (3) You may submit evaporative emission data measured by a fuel 

system supplier. We may require you to verify that the testing was 

conducted in accordance with the applicable regulations.

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

same or different configuration in addition to the vehicle or 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.

    (g) If you are a small-volume manufacturer, you may certify by 

design on the basis of preexisting exhaust emission data for similar 

technologies and other relevant information, and in accordance with good 

engineering judgment. In those cases, you are not required to test your 

vehicles. This is called ``design-certification'' or ``certifying by 

design.'' To certify by design, you must show that the technology used 

on your engines is sufficiently similar to the previously tested 

technology that a person reasonably familiar with emission-control 

technology would believe that your engines will comply with the emission 

standards.

    (h) For fuel tanks that are certified based on permeability 

treatments for plastic fuel tanks, you do not need to test each engine 

family. However, you must use good engineering judgment to determine 

permeation rates for the tanks. This requires that more than one fuel 

tank be tested for each set of treatment conditions. You may not use 

test data from a given tank for any other tanks that have thinner walls. 

You may, however, use test data from a given tank for other tanks that 

have thicker walls. This applies to both low-hour (i.e., baseline 

testing) and durability testing. Note that Sec.  1051.245 allows you to 

use design-based certification instead of generating new emission data.



[70 FR 40495, July 13, 2005]