[Code of Federal Regulations]

[Title 40, Volume 20]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR89.114]



[Page 57-58]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 89_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

        Subpart B_Emission Standards and Certification Provisions

 

Sec.  89.114  Special and alternate test procedures.



    (a) Special test procedures. The Administrator may, on the basis of 

written application by a manufacturer, establish special test procedures 

other than those set forth in this part, for any nonroad engine that the 

Administrator determines is not susceptible to satisfactory testing 

under the specified test procedures set forth in subpart E of this part 

or 40 CFR part 86, subpart I.

    (b) Alternate test procedures. (1) A manufacturer may elect to use 

an alternate test procedure provided that it yields equivalent results 

to the specified procedures, its use is approved in



[[Page 58]]



advance by the Administrator, and the basis for equivalent results with 

the specified test procedures is fully described in the manufacturer's 

application.

    (2) The Administrator may reject data generated under alternate test 

procedures which do not correlate with data generated under the 

specified procedures.

    (3) A manufacturer may elect to use the test procedures in 40 CFR 

part 1065 as an alternate test procedure without advance approval by the 

Administrator. The manufacturer must identify in its application for 

certification that the engines were tested using the procedures in 40 

CFR part 1065. For any EPA testing with Tier 2 or Tier 3 engines, EPA 

will use the manufacturer's selected procedures for mapping engines, 

generating duty cycles, and applying cycle-validation criteria. For any 

other parameters, EPA may conduct testing using either of the specified 

procedures.

    (4) Where we specify mandatory compliance with the procedures of 40 

CFR part 1065, such as in Sec.  89.419, manufacturers may elect to use 

the procedures specified in 40 CFR part 86, subpart N, as an alternate 

test procedure without advance approval by the Administrator.



[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR 56995, 

57003, Oct. 23, 1998; 69 FR 39212, June 29, 2004; 70 FR 40445, July 13, 

2005]