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Notes

40 C.F.R. §§ 1068.415–1068.445

7 sections in range

§1068.415. How do I test my engines/equipment?

40 C.F.R. § 1068.415

(a)
Use the test procedures specified in the standard-setting part for showing that your engines/equipment meet emission standards. The test order will give further testing instructions.
(b)
If no test cells are available at a given facility, you may make alternate testing arrangements with our approval.
(c)
Test at least two engines/equipment in each 24-hour period (including void tests). However, for engines with maximum engine power above 560 kW, you may test one engine per 24-hour period. If you request and justify it, we may approve a lower testing rate.
(d)
For exhaust emissions, accumulate service on test engines/equipment at a minimum rate of 6 hours per engine or piece of equipment during each 24-hour period; however, service accumulation to stabilize an engine's emission levels may not take longer than eight days. The first 24-hour period for service accumulation begins when you finish preparing an engine or piece of equipment for testing. The minimum service accumulation rate does not apply on weekends or holidays. We may approve a longer stabilization period or a lower service accumulation rate if you request and justify it. We may require you to accumulate hours more rapidly than the minimum rate, as appropriate. Plan your service accumulation to allow testing at the rate specified in paragraph (c) of this section. Select operation for accumulating operating hours on your test engines/equipment to represent normal in-use operation for the family.
(e)
Test engines/equipment in the same order you select them.
Notes, amendments, and revision history

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

§1068.420. How do I know when my engine family fails an SEA?

40 C.F.R. § 1068.420

(a)
A failed engine or piece of equipment is one whose final deteriorated test results exceed an applicable emission standard for any regulated pollutant.
(b)
Continue testing engines/equipment until you reach a pass decision for all pollutants or a fail decision for one pollutant, as described in paragraph (c) of this section.
(c)
You reach a pass decision for the SEA requirements when the number of failed engines/equipment is less than or equal to the pass decision number in Appendix A to this subpart for the total number of engines/equipment tested. You reach a fail decision for the SEA requirements when the number of failed engines/equipment is greater than or equal to the fail decision number in Appendix A to this subpart for the total number of engines/equipment 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/equipment testing sequence.
(e)
If you reach a pass decision for one pollutant, but need to continue testing for another pollutant, we will not use these later test results for the pollutant with the pass decision as part of the SEA.
(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 family.
(g)
We may choose to stop testing after any number of tests.
(h)
If we test some of your engines/equipment in addition to your own testing, we may decide not to include your test results as official data for those engines/equipment 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.
Notes, amendments, and revision history

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

§1068.425. What happens if one of my production-line engines/equipment exceeds the emission standards?

40 C.F.R. § 1068.425

(a)
If one of your production-line engines/equipment fails to meet one or more emission standards (see § 1068.420), the certificate of conformity is automatically suspended for that engine or piece of equipment. You must take the following actions before your certificate of conformity can cover that engine or piece of equipment:
(1)
Correct the problem and retest the engine/equipment to show it complies with all emission standards.
(2)
Include in your written report a description of the test results and the remedy for each engine or piece of equipment (see § 1068.450).
(b)
You may ask for a hearing relative to the suspended certificate of conformity for the failing engine/equipment as specified in subpart G of this part.
Notes, amendments, and revision history

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

§1068.430. What happens if a family fails an SEA?

40 C.F.R. § 1068.430

(a)
We may suspend your certificate of conformity for a family if it fails the SEA under § 1068.420. The suspension may apply to all facilities producing engines/equipment from a family even if you find noncompliant engines/equipment only at one facility.
(b)
We will tell you in writing if we suspend your certificate in whole or in part. We will not suspend a certificate until at least 15 days after the family fails the SEA. The suspension is effective when you receive our notice.
(c)
You may ask for a hearing as described in subpart G of this part up to 15 days after we suspend the certificate for a family. If we agree that we used erroneous information in deciding to suspend the certificate before a hearing is held, we will reinstate the certificate.
Notes, amendments, and revision history

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74232, Oct. 25, 2016]

§1068.435. May I sell engines/equipment from a family with a suspended certificate of conformity?

40 C.F.R. § 1068.435

You may sell engines/equipment that you produce after we suspend the family's certificate of conformity only if one of the following occurs:
(a)
You test each engine or piece of equipment you produce and show it complies with emission standards that apply.
(b)
We conditionally reinstate the certificate for the family. We may do so if you agree to recall all the affected engines/equipment and remedy any noncompliance at no expense to the owner if later testing shows that engines/equipment in the family still do not comply.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

§1068.440. How do I ask EPA to reinstate my suspended certificate?

40 C.F.R. § 1068.440

(a)
Send us a written report asking us to reinstate your suspended certificate. In your report, identify the reason for the SEA failure, propose a remedy, and commit to a date for carrying it out. In your proposed remedy include any quality control measures you propose to keep the problem from happening again.
(b)
Give us test data from production engines/equipment showing that engines/equipment in the remedied family comply with all the emission standards that apply.
Notes, amendments, and revision history

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 75 FR 23064, Apr. 30, 2010]

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 75 FR 23064, Apr. 30, 2010]

§1068.445. When may EPA revoke my certificate under this subpart and how may I sell these engines/equipment again?

40 C.F.R. § 1068.445

(a)
We may revoke your certificate for a family in the following cases:
(1)
You do not meet the reporting requirements under this subpart.
(2)
Your family fails an SEA and your proposed remedy to address a suspended certificate is inadequate to solve the problem or requires you to change the engine/equipment's design or emission control system.
(b)
To sell engines/equipment from a family with a revoked certificate of conformity, you must modify the family and then show it complies with the applicable requirements.
(1)
If we determine your proposed design change may not control emissions for the engine/equipment's full useful life, we will tell you within five working days after receiving your report. In this case we will decide whether production-line testing will be enough for us to evaluate the change or whether you need to do more testing.
(2)
Unless we require more testing, you may show compliance by testing production-line engines/equipment as described in this subpart.
(3)
We will issue a new or updated certificate of conformity when you have met these requirements.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 7401-7671q.

Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.