[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.235]

[Page 635-636]
 
                   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

[[Page 636]]

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:
    (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]