Code of Federal Regulations Title 40. Protection of Environment § 40.90.1203 Voluntary Manufacturer In–Use Testing Program

(a) Manufacturers may elect to participate in the voluntary in-use testing program by notifying the Administrator in writing of their intent to conduct emissions testing on in-use engines prior to the beginning of each model year. The notification must include a list of engine families the manufacturer has selected to include in the testing program.

(b) Each engine family included in the voluntary in-use testing program is exempted from the Production Line Testing requirements according to § 90.701(c) for two model years, the current model year and the subsequent model year. Manufacturers may only include up to twenty percent of their eligible engine families in this in-use testing program each model year.

(c) The manufacturer must randomly select or procure a minimum of three engines, from each family included in the voluntary program, for emissions testing. These three engines may be selected or procured from:

(d) The manufacturer or the manufacturer's designee must:

(e) Documents obtained in the procurement or aging process must be maintained as required in § 90.121.

(f) The manufacturer must complete testing within three calendar years from the time they notified the Administrator of their intent to participate in the voluntary in-use testing program, unless otherwise approved by the Administrator;  the Administrator will give such approval upon acceptance of documentation demonstrating that appropriate in-use testing will take a longer period of time.