Environmental Protection Agency § 1042.230

new or modified engine configuration (b)(3) of this section, use the appro- meets the requirements of this part. priate FELs with corresponding pro- (c) We may ask for more test data or duction volumes to calculate emission engineering evaluations. You must give credits for the model year, as described us these within 30 days after we request in subpart H of this part. In all other them. circumstances, you must use the high- (d) For engine families already cov- er FEL for the entire family to cal- ered by a certificate of conformity, we culate emission credits under subpart will determine whether the existing H of this part. certificate of conformity covers your (2) You may ask to lower the FEL for newly added or modified engine. You your engine family only if you have may ask for a hearing if we deny your test data from production engines request (see § 1042.920). showing that emissions are below the (e) For engine families already cov- proposed lower FEL. The lower FEL ered by a certificate of conformity, you applies only to engines you produce may start producing the new or modi- after we approve the new FEL. Use the fied engine configuration anytime after appropriate FELs with corresponding you send us your amended application production volumes to calculate emis- and before we make a decision under sion credits for the model year, as de- paragraph (d) of this section. However, scribed in subpart H of this part. if we determine that the affected en- gines do not meet applicable require- [73 37243, June 30, 2008, as amended at 75 FR ments, we will notify you to cease pro- 23001, Apr. 30, 2010] duction of the engines and may require you to recall the engines at no expense § 1042.230 Engine families. to the owner. Choosing to produce en- (a) For purposes of certification, di- gines under this paragraph (e) is vide your product line into families of deemed to be consent to recall all en- engines that are expected to have simi- gines that we determine do not meet lar emission characteristics through- applicable emission standards or other out the useful life as described in this requirements and to remedy the non- section. You may not group engines in conformity at no expense to the owner. different engine categories in the same If you do not provide information re- family. Your engine family is limited quired under paragraph (c) of this sec- to a single model year. tion within 30 days after we request it, (b) For Category 1 engines, group en- you must stop producing the new or gines in the same engine family if they modified engines. are the same in all the following as- (f) You may ask us to approve a pects: change to your FEL in certain cases (1) The combustion cycle and the fuel after the start of production. The with which the engine is intended or changed FEL may not apply to engines designed to be operated. you have already introduced into U.S. (2) The cooling system (for example, commerce, except as described in this raw-water vs. separate-circuit cooling). paragraph (f). If we approve a changed (3) Method of air aspiration. FEL after the start of production, you must include the new FEL on the emis- (4) Method of exhaust aftertreatment sion control information label for all (for example, catalytic converter or engines produced after the change. You particulate trap). may ask us to approve a change to (5) Combustion chamber design. your FEL in the following cases: (6) Nominal bore and stroke. (1) You may ask to raise your FEL (7) Cylinder arrangement (such as in- for your engine family at any time. In line vs. vee configurations). This ap- your request, you must show that you plies for engines with aftertreatment will still be able to meet the emission devices only. standards as specified in subparts B (8) Method of control for engine oper- and H of this part. If you amend your ation other than governing (i.e., me- application by submitting new test chanical or electronic). data to include a newly added or modi- (9) Application (commercial or rec- fied engine, as described in paragraph reational).

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(10) Numerical level of the emission (16) The configuration of the fuel standards that apply to the engine, ex- injectors and approximate injection cept as allowed under paragraphs (f) pressure. and (g) of this section. (17) The type of fuel injection system (c) For Category 2 engines, group en- controls (i.e., mechanical or elec- gines in the same engine family if they tronic). are the same in all the following as- (18) The overall injection timing pects: characteristics, or as appropriate igni- (1) The combustion cycle (e.g., diesel tion timing characteristics (i.e., the cycle). deviation of the timing curves from the (2) The fuel with which the engine is optimal fuel economy timing curve intended or designed to be operated and must be similar in degree). the fuel system configuration. (19) The type of smoke control sys- (3) The cooling system (for example, tem. air-cooled or water-cooled), and proce- (d) For Category 3 engines, group en- dure(s) employed to maintain engine gines into engine families based on the temperature within desired limits criteria specified in Section 4.3 of the (thermostat, on-off radiator fans, radi- NOX Technical Code (incorporated by ator shutters, etc.). reference in § 1042.910), except as al- (4) The method of air aspiration lowed in paragraphs (e) and (f) of this (turbocharged, supercharged, naturally section. aspirated, Roots blown). (e) You may subdivide a group of en- (5) The turbocharger or supercharger gines that is identical under paragraph general performance characteristics (b) or (c) of this section into different (e.g., approximate boost pressure, ap- engine families if you show the ex- proximate response time, approximate pected emission characteristics are dif- size relative to engine displacement). ferent during the useful life. However, (6) The type of air inlet cooler (air- for the purpose of applying small-vol- to-air, air-to-liquid, approximate de- ume family provisions of this part, we will consider the otherwise applicable gree to which inlet air is cooled). engine family criteria of this section. (7) The type of exhaust (f) You may group engines that are aftertreatment system (oxidation cata- not identical with respect to the things lyst, particulate trap), and characteris- listed in paragraph (b), (c), or (d) of tics of the aftertreatment system (cat- this section in the same engine family, alyst loading, converter size vs. engine as follows: size). (1) In unusual circumstances, you (8) The combustion chamber configu- may group such engines in the same ration and the surface-to-volume ratio engine family if you show that their of the combustion chamber when the emission characteristics during the piston is at top dead center position, useful life will be similar. using nominal combustion chamber di- (2) If you are a small-volume engine mensions. manufacturer, you may group any Cat- (9) Nominal bore and stroke dimen- egory 1 engines into a single engine sions. family or you may group any Category (10) The location of the piston rings 2 engines into a single engine family. on the piston. This also applies if you are a post-man- (11) The intake manifold induction ufacture marinizer modifying a base port size and configuration. engine that has a valid certificate of (12) The exhaust manifold port size conformity for any kind of nonroad or and configuration. heavy-duty highway engine under this (13) The location of the intake and chapter. exhaust valves (or ports). (3) The provisions of this paragraph (14) The size of the intake and ex- (f) do not exempt any engines from haust valves (or ports). meeting the standards and require- (15) The approximate intake and ex- ments in subpart B of this part. haust event timing and duration (valve (g) If you combine engines that are or port). subject to different emission standards

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into a single engine family under para- plant, you must schedule it as soon as graph (f) of this section, you must cer- possible and make available the instru- tify the engine family to the more ments, personnel, and equipment we stringent set of standards for that need. model year. For Category 3 engine fam- (2) If we measure emissions from one ilies that include a range of maximum of your engines, the results of that in-use engine speeds, use the highest testing become the official emission re- value of maximum in-use engine speed sults for the engine. Unless we later in- to establish the applicable NOX emis- validate these data, we may decide not sion standard. to consider your data in determining if [73 37243, June 30, 2008, as amended at 75 FR your engine family meets applicable 23001, Apr. 30, 2010] requirements. (3) Before we test one of your en- § 1042.235 Emission testing related to gines, we may set its adjustable param- certification. eters to any point within the specified This section describes the emission adjustable ranges (see § 1042.115(d)). testing you must perform to show com- (4) Before we test one of your en- pliance with the emission standards in gines, we may calibrate it within nor- § 1042.101(a) or § 1042.104. See § 1042.205(p) mal production tolerances for anything regarding emission testing related to we do not consider an adjustable pa- the NTE standards. See §§ 1042.240 and rameter. For example, this would apply 1042.245 and 40 CFR part 1065, subpart for an engine parameter that is subject E, regarding service accumulation be- to production variability because it is fore emission testing. See § 1042.655 for adjustable during production, but is special testing provisions available for not considered an adjustable parameter Category 3 engines subject to Tier 3 (as defined in § 1042.901) because it is standards. permanently sealed. (a) Select an emission-data engine (d) You may ask to use carryover from each engine family for testing. emission data from a previous model For engines at or above 560 kW, you year instead of doing new tests, but may use a development engine that is only if all the following are true: equivalent in design to the engine (1) The engine family from the pre- being certified. For Category 3 engines, vious model year differs from the cur- you may use a single-cylinder version rent engine family only with respect to of the engine. Using good engineering model year or other characteristics un- judgment, select the engine configura- related to emissions. You may also ask tion most likely to exceed an applica- to add a configuration subject to ble emission standard over the useful § 1042.225. life, considering all exhaust emission (2) The emission-data engine from constituents and the range of installa- the previous model year remains the tion options available to vessel manu- appropriate emission-data engine facturers. under paragraph (b) of this section. (b) Test your emission-data engines (3) The data show that the emission- using the procedures and equipment data engine would meet all the require- specified in subpart F of this part. ments that apply to the engine family (c) We may measure emissions from covered by the application for certifi- any of your emission-data engines or cation. For engines originally tested other engines from the engine family, under the provisions of 40 CFR part 94, as follows: you may consider those test procedures (1) We may decide to do the testing to be equivalent to the procedures we at your plant or any other facility. If specify in subpart F of this part. we do this, you must deliver the engine (e) We may require you to test a sec- to a test facility we designate. The en- ond engine of the same or different gine you provide must include appro- configuration in addition to the engine priate manifolds, aftertreatment de- tested under paragraph (b) of this sec- vices, electronic control units, and tion. other emission-related components not (f) If you use an alternate test proce- normally attached directly to the en- dure under 40 CFR 1065.10 and later gine block. If we do the testing at your testing shows that such testing does

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