[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: 40CFR1068.420]

[Page 845]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR 
NONROAD PROGRAMS--Table of Contents
 
                Subpart E_Selective Enforcement Auditing
 
Sec.  1068.420  How do I know when my engine family fails an SEA?

    (a) A failed engine is one whose final deteriorated test results 
exceed an applicable emission standard for any regulated pollutant.
    (b) Continue testing engines until you reach a pass decision for all 
pollutants or a fail decision for one pollutant.
    (c) You reach a pass decision for the SEA requirements when the 
number of failed engines is less than or equal to the pass decision 
number in Appendix A to this subpart for the total number of engines 
tested. You reach a fail decision for the SEA requirements when the 
number of failed engines is greater than or equal to the fail decision 
number in Appendix A to this subpart for the total number of engines you 
test. An acceptable quality level of 40 percent is the basis for the 
pass or fail decision.
    (d) Consider test results in the same order as the engine testing 
sequence.
    (e) If you reach a pass decision for one pollutant, but need to 
continue testing for another pollutant, we will disregard these later 
test results for the pollutant with the pass decision.
    (f) Appendix A to this subpart lists multiple sampling plans. Use 
the sampling plan for the projected sales volume you reported in your 
application for the audited engine family.
    (g) We may choose to stop testing after any number of tests.
    (h) If we test some of your engines in addition to your own testing, 
we may decide not to include your test results as official data for 
those engines if there is substantial disagreement between your testing 
and our testing. We will reinstate your data as valid if you show us 
that we made an error and your data are correct.
    (i) If we rely on our test data instead of yours, we will notify you 
in writing of our decision and the reasons we believe your facility is 
not appropriate for doing the tests we require under this subpart. You 
may request in writing that we consider your test results from the same 
facility for future testing if you show us that you have made changes to 
resolve the problem.