40 CFR 1060.705 – How do I certify components to an emission level other than the standard under this part or use such components in my equipment?
As specified in this section, a fuel-system component may be certified to a family emission limit (FEL) instead of the otherwise applicable emission standard. Note that the exhaust standard-setting part may apply maximum values for an FEL (i.e., FEL caps).
(a) Requirements for certifying component manufacturers. See subpart C of this part for instructions regarding the general requirements for certifying components.
(1) When you submit your application for certification, indicate the FEL to which your components will be certified. This FEL will serve as the applicable standard for your component, and the equipment that uses the component. For example, when the regulations of this part use the phrase “demonstrate compliance with the applicable emission standard” it will mean “demonstrate compliance with the FEL” for your component.
(2) You may not change the FEL for an emission family. To specify a different FEL for your components, you must send a new application for certification for a new emission family.
(3) Unless your FEL is below all emission standards that could potentially apply, you must ensure that all equipment manufacturers that will use your component are aware of the limitations regarding the conditions under which they may use your component.
(4) It is your responsibility to read the instructions relative to emission-credit provisions in the standard-setting parts identified in § 1060.1.
(b) Requirements for equipment manufacturers. See subpart C of this part for instructions regarding your ability to rely on the component manufacturer’s certificate.
(1) The FEL of the component will serve as the applicable standard for your equipment.
(2) You may not specify more than one FEL for an emission family at one time; however, you may change the FEL during the model year as described in § 1060.225(f).
(3) If the FEL is above the emission standard you must ensure that the exhaust standard-setting part allows you to use evaporative emission credits to comply with emission standards and that you will have an adequate source of evaporative emission credits. You must certify your equipment as specified in § 1060.201 and the rest of subpart C of this part.