40 CFR § 1039.635 - What are the hardship provisions for engine manufacturers?

---
identifier: "/us/cfr/t40/s1039.635"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1039.635 - What are the hardship provisions for engine manufacturers?"
title_number: 40
title_name: "Protection of Environment"
section_number: "1039.635"
section_name: "What are the hardship provisions for engine manufacturers?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1039"
part_name: "CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "69 FR 39213, June 29, 2004, unless otherwise noted."
cfr_part: "1039"
---


# 1039.635 What are the hardship provisions for engine manufacturers?

If you qualify for the hardship provisions specified in 40 CFR 1068.245, we may approve a period of delayed compliance for up to one model year total (or two model years total for small-volume manufacturers). If you qualify for the hardship provisions specified in 40 CFR 1068.250 for small-volume manufacturers, we may approve a period of delayed compliance for up to two model years total.