[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: 40CFR1039.245]
[Page 506-507]
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. 1039.245 How do I determine deterioration factors from exhaust durability testing?
Establish deterioration factors to determine whether your engines
will meet emission standards for each pollutant throughout the useful
life, as described in Sec. Sec. 1039.101 and 1039.240. This section
describes how to determine deterioration factors, either with an
engineering analysis, with pre-existing test data, or with new emission
measurements. If you are required to perform durability testing, see
Sec. 1039.125
[[Page 507]]
for limitations on the maintenance that you may perform on your
emission-data engine.
(a) You may ask us to approve deterioration factors for an engine
family with established technology based on engineering analysis instead
of testing. Engines certified to a NOX+NMHC standard or FEL
greater than the Tier 3 NOX+NMHC standard described in 40 CFR
89.112 are considered to rely on established technology for gaseous
emission control, except that this does not include any engines that use
exhaust-gas recirculation or aftertreatment. In most cases, technologies
used to meet the Tier 1 and Tier 2 emission standards would be
considered to be established technology.
(b) You may ask us to approve deterioration factors for an engine
family based on emission measurements from similar highway or nonroad
engines if you have already given us these data for certifying the other
engines in the same or earlier model years. Use good engineering
judgment to decide whether the two engines are similar. We will approve
your request if you show us that the emission measurements from other
engines reasonably represent in-use deterioration for the engine family
for which you have not yet determined deterioration factors.
(c) If you are unable to determine deterioration factors for an
engine family under paragraph (a) or (b) of this section, select
engines, subsystems, or components for testing. Determine deterioration
factors based on service accumulation and related testing to represent
the deterioration expected from in-use engines over the full useful
life. You must measure emissions from the emission-data engine at least
three times with evenly spaced intervals of service accumulation. You
may use extrapolation to determine deterioration factors once you have
established a trend of changing emissions with age for each pollutant.
You may use an engine installed in nonroad equipment to accumulate
service hours instead of running the engine only in the laboratory. You
may perform maintenance on emission-data engines as described in Sec.
1039.125 and 40 CFR part 1065, subpart E. Use good engineering judgment
for all aspects of the effort to establish deterioration factors under
this paragraph (c).
(d) Include the following information in your application for
certification:
(1) If you use test data from a different engine family, explain why
this is appropriate and include all the emission measurements on which
you base the deterioration factor.
(2) If you determine your deterioration factors based on engineering
analysis, explain why this is appropriate and include a statement that
all data, analyses, evaluations, and other information you used are
available for our review upon request.
(3) If you do testing to determine deterioration factors, describe
the form and extent of service accumulation, including a rationale for
selecting the service-accumulation period and the method you use to
accumulate hours.