§ 1039.260 - What provisions apply to engines that are conditionally exempted from certification?

As specified elsewhere in this part or in 40 CFR part 1068, you may in some cases introduce engines into commerce that are exempt from the requirement to certify engines to the otherwise applicable standards. If we specify alternate standards as a condition of the exemption, all the following provisions apply:

(a) Your engines must meet the alternate standards we specify in the exemption section, and all other requirements applicable to engines that are subject to such standards.

(b) You need not apply for and receive a certificate for the exempt engines. However, you must comply with all the requirements and obligations that would apply to the engines if you had received a certificate of conformity for them, unless we specifically waive certain requirements.

(c) You must have emission data from testing engines using the appropriate procedures that demonstrate compliance with the alternate standards, unless the engines are identical in all material respects to engines that you have previously certified to standards that are the same as, or more stringent than, the alternate standards.

(d) Unless we specify otherwise elsewhere in this part or in 40 CFR part 1068, you must meet the labeling requirements in § 1039.135, with the following exceptions:

(1) Instead of the engine family designation specified in § 1039.135(c)(3), use a modified designation to identify the group of engines that would otherwise be included in the same engine family.

(2) Instead of the compliance statement in § 1039.135(c)(12), add the following statement: “THIS ENGINE MEETS U.S. EPA EMISSION STANDARDS UNDER 40 CFR 1039.260.”.

(e) You may not generate ABT credits with engines meeting requirements under the provisions of this section.

(f) Keep records to show that you meet the alternate standards, as follows:

(1) If your exempted engines are identical to previously certified engines, keep your most recent application for certification for the certified engine family.

(2) If you previously certified a similar engine family, but have modified the exempted engine in a way that changes it from its previously certified configuration, keep your most recent application for certification for the certified engine family, a description of the relevant changes, and any test data or engineering evaluations that support your conclusions.

(3) If you have not previously certified a similar engine family, keep all the records we specify for the application for certification and the additional records we specify in § 1039.250(b)(3).

(g) We may require you to send us an annual report of the engines you produce under this section.