gene1203:
I am fairly sure that this is not mandated by any 'standard' but a inherent characteristics of diesel engine and 30-35% is what is normally recommended by mfr.
Wet stacking at 40% load DOES sound out of ordinary and it may be related to inefficiency (of combustion) of the engine. I am attaching what is published in 'Reference and Installation Manual' of Caterpillar, a leader in engine manufacturing.
You will have better chance of claiming the engine performance being below par compared to the normal experience of the industry.
There may be many other variable such as length of stack, age of your engine (u did not mention if this is a new installation). If this is old engine may have deteriorated over time, especially with a prime duty.
Below is a cut and paste from the manual referenced above, you can make you own conclusions (read the first and the last paragraphs carefully):
"Slobber:
Extended engine operation at no load or
lightly loaded conditions (less than 15% load)
may result in exhaust manifold slobber.
Exhaust manifold slobber is the black oily
fluid than can leak from exhaust system
joints. The presence of exhaust manifold
slobber does not necessarily indicate an
engine problem. Engines are designed to
operate at loaded conditions.
At no load or lightly loaded conditions, the
sealing capability function of some integral
engine components may be adversely
affected. Exhaust manifold slobber is not
usually harmful to the engine; the results can
be unsightly and objectionable in some cases.
Exhaust manifold slobber consists of fuel
and/or oil mixed with soot from the inside of
the exhaust manifold. Common sources of oil
slobber are worn valve guides, worn piston
rings and worn turbocharger seals. Fuel slobber
usually occurs with combustion problems.
A normally operating engine should be
expected to run for at least one hour at light
loads with significant slobber. Some engines
may run for as long as three, four or more
hours before slobbering. However all engines
will eventually slobber if run at light loads.
External signs of slobber will be evident unless
the exhaust system is completely sealed.
If extended idle or slight load periods of engine
operation are mandatory, the objectionable
effect of the engine slobber can be avoided
by loading the engine to at least 30% load
for approximately ten minutes every four
hours. This will remove any fluids that
have accumulated in the exhaust manifold.
To minimize exhaust manifold slobber, it is
important that the engine is correctly sized
for each application.”