(a) The regulations in this part 1039 apply for all new, compression-ignition nonroad engines (defined in Sec. 1039.801), except as provided in Sec. 1039.5.
(b) This part 1039 applies as follows:
(1) This part 1039 applies for all engines subject to the emission standards specified in subpart B of this part starting with the model years noted in the following table:
Table 1 of Sec. 1039.1--Part 1039 Applicability by Model Year------------------------------------------------------------------------
Power category Model year------------------------------------------------------------------------kW <19..................................................... \1\ 200819 <=kW <56................................................ \2\ 200856 <=kW <130............................................... 2012130 <=kW <=560............................................. 2011kW 560.......................................... 2011------------------------------------------------------------------------\1\ As described in Sec. 1039.102, some engines below 19 kW may not be
subject to the emission standards in this part until the 2010 model
year.\2\ As described in Sec. 1039.102, some engines in the 19-56 kW power
category may not be subject to the emission standards in this part
until the 2012 model year.
(2) If you use the provisions of Sec. 1039.104(a) to certify an engine to the emission standards of this part before the model years shown in Table 1 of this section, all the requirements of this part apply for those engines.
(3) See 40 CFR part 89 for requirements that apply to engines not yet subject to the requirements of this part 1039.
(4) This part 1039 applies for other compression-ignition engines as follows:
(i) The provisions of paragraph (c) of this section and Sec. 1039.801 apply for stationary engines beginning January 1, 2006.
(ii) The provisions of Sec. 1039.620 and Sec. 1039.801 apply for engines used solely for competition beginning January 1, 2006.
(c) The definition of nonroad engine in 40 CFR 1068.30 excludes certain engines used in stationary applications. These engines may be required by subpart IIII of 40 CFR part 60 to comply with some of the provisions of this part 1039; otherwise, these engines are only required to comply with the requirements in Sec. 1039.20. In addition, the prohibitions in 40 CFR 1068.101 restrict the use of stationary engines for nonstationary purposes unless they are certified under this part 1039, or under the provisions of 40 CFR part 89 or 40 CFR part 94, to the same standards that would apply to nonroad engines for the same model year.
(d) In certain cases, the regulations in this part 1039 apply to engines at or above 250 kW that would otherwise be covered by 40 CFR part 1048. See 40 CFR 1048.620 for provisions related to this allowance. [69 FR 39213, June 29, 2004, as amended at 70 FR 40462, July 13, 2005; 71 FR 39184, July 11, 2006]