[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: 40CFR1039.235]
[Page 504-505]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 1039_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD
COMPRESSION-IGNITION ENGINES--Table of Contents
Subpart C_Certifying Engine Families
Sec. 1039.235 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 Sec. 1039.101(a) and (b) or
Sec. 1039.102(a) and (b). See Sec. 1039.205(p) regarding emission
testing related to the NTE standards.
[[Page 505]]
See Sec. 1039.240, Sec. 1039.245, and 40 CFR part 1065, subpart E,
regarding service accumulation before emission testing.
(a) Test your emission-data engines using the procedures and
equipment specified in subpart F of this part.
(b) Select an emission-data engine from each engine family for
testing. Select the engine configuration with the highest volume of fuel
injected per cylinder per combustion cycle at the point of maximum
torque--unless good engineering judgment indicates that a different
engine configuration is more likely to exceed (or have emissions nearer
to) an applicable emission standard or FEL. If two or more engines have
the same fueling rate at maximum torque, select the one with the highest
fueling rate at rated speed. In making this selection, consider all
factors expected to affect emission-control performance and compliance
with the standards, including emission levels of all exhaust
constituents, especially NOX and PM.
(c) We may measure emissions from any of your test engines or other
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 engine to a test
facility we designate. The test 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 engines, the results
of that testing become the official emission results for the engine.
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 engines, we may set its adjustable
parameters to any point within the physically adjustable ranges (see
Sec. 1039.115(e)).
(4) Before we test one of your engines, we may calibrate it within
normal production tolerances for anything we do not consider an
adjustable parameter.
(d) 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:
(1) The engine family from the previous model year differs from the
current engine family only with respect to model year.
(2) The emission-data engine from the previous model year remains
the appropriate emission-data engine under paragraph (b) of this
section.
(3) The data show that the emission-data engine would meet all the
requirements that apply to the engine family covered by the application
for certification.
(e) We may require you to test a second engine of the same or
different configuration in addition to the 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.