:?
So, with same sized ungrounded conductor (6ga here), downsizing from 60A breaker to 40 requires EGC be upsized from #10 to, what, #6? What's the code section, and why does it have to be done?
We're talking about an unintended loophole to this code rule, where the consequences of the rule as written can yield counterintuitive results. And there simply is no explanation for it, other than that is the way the NEC is written.
The underlying reason why this requirement exists, is that upsizing the conductors usually means that you've upsized them to curtail voltage drop due to significant length. And if the length is significant for the wires, it is also significant for the OCPD in its ability to provide an effective ground fault current path. So to improve the EGC's ability to fulfill its purpose when length is significant, it gets increased in size to improve the EGC conductance. What if the ungrounded conductors were increased in size for other reasons than voltage drop (using up leftover wire, terminal minimums that are larger than the NEC required size, etc)? Well, for the simplicity of the inspectors, the NEC says that it doesn't matter the reason.
Perhaps a way to make the rule to eliminate this blindspot, is if the ungrounded size exceeds the minimum size that has sufficient ampacity for the default EGC's maximum corresponding OCPD, then the EGC needs to be upsized proportionally for the ratio of the ungrounded conductor cross sectional area to that which would have sufficient ampacity for the EGC's maximum corresponding OCPD. I can't think of a way to clean up this language for a better understanding, so perhaps it needs an example.
***** Caution: this is not an NEC compliant example - it is a hypothetical example only **************
Given: a 40A circuit, which requires upsizing wires to #4 to curtail voltage drop.
Default wire=#8Cu
Default ground = #10 Cu
Maximum OCPD for a #10 Cu ground = 60A
Corresponding wire to a 60A OCPD = #6 Cu
Wire is upsized above what it could be for a 60A breaker (corresponding to the maximum breaker for #10 EGC) by a ratio of #4 to #6, which is a ratio of 41.7/26.3 = 1.59. Therefore, the EGC is upsized from #10 to #8.
This algorithm is very confusing, much more than the current rule. What it essentially does, is puts the OCPD standard sizes into "bins" based on the 250.122 table. And if you upsize above the minimum size for the largest breaker in the actual breaker's "bin", then you correspondingly upsize the ground.