[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: 40CFR89.115]



[Page 58-59]

 

                   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.  89.115  Application for certificate.



    (a) For each engine family that complies with all applicable 

standards and requirements, the engine manufacturer must submit to the 

Administrator a completed application for a certificate of conformity.

    (b) The application must be approved and signed by the authorized 

representative of the manufacturer.

    (c) The application will be updated and corrected by amendment as 

provided for in Sec.  89.123 to accurately reflect the manufacturer's 

production.

    (d) Required content. Each application must include the following 

information:

    (1) A description of the basic engine design including, but not 

limited to, the engine family specifications, the provisions of which 

are contained in Sec.  89.116;

    (2) An explanation of how the emission control system operates, 

including a detailed description of all emission control system 

components, each auxiliary emission control device (AECD), and all fuel 

system components to be installed on any production or test engine(s);

    (3) Proposed test fleet selection and the rationale for the test 

fleet selection;

    (4) Special or alternate test procedures, if applicable;

    (5) The period of operation necessary to accumulate service hours on 

test engines and stabilize emission levels;

    (6) A description of all adjustable operating parameters (including, 

but not limited to, injection timing and fuel rate), including the 

following:

    (i) The nominal or recommended setting and the associated production 

tolerances;

    (ii) The intended physically adjustable range;

    (iii) The limits or stops used to establish adjustable ranges;

    (iv) Production tolerances of the limits or stops used to establish 

each physically adjustable range; and

    (v) Information relating to why the physical limits or stops used to 

establish the physically adjustable range of each parameter, or any 

other means used to inhibit adjustment, are effective in preventing 

adjustment of parameters to settings outside the manufacturer's intended 

physically adjustable ranges on in-use engines;

    (7) For families participating in the averaging, banking, and 

trading program, the information specified in subpart C of this part;

    (8) A description of the test equipment and fuel proposed to be 

used;

    (9) All test data obtained by the manufacturer on each test engine;

    (10) An unconditional statement certifying that all engines in the 

engine family comply with all requirements of this part and the Clean 

Air Act.

    (e) At the Administrator's request, the manufacturer must supply 

such additional information as may be required to evaluate the 

application including, but not limited to, projected nonroad engine 

production.



[[Page 59]]



    (f)(1) The Administrator may modify the information submission 

requirements of paragraph (d) of this section, provided that all of the 

information specified therein is maintained by the engine manufacturer 

as required by Sec.  89.124, and amended, updated, or corrected as 

necessary.

    (2) For the purposes of this paragraph, Sec.  89.124(a)(1) includes 

all information specified in paragraph (d) of this section whether or 

not such information is actually submitted to the Administrator for any 

particular model year.

    (3) The Administrator may review an engine manufacturer's records at 

any time. At the Administrator's discretion, this review may take place 

either at the manufacturer's facility or at another facility designated 

by the Administrator.



[59 FR 31335, June 17, 1994, as amended at 61 FR 20741, May 8, 1996. 

Redesignated at 63 FR 56995, Oct. 23, 1998]