[Code of Federal Regulations] [Title 40, Volume 18] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR90.110] [Page 182] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 90--CONTROL OF EMISSIONS FROM NONROAD SPARK-IGNITION ENGINES AT OR BELOW 19 KILOWATTS--Table of Contents Subpart B--Emission Standards and Certification Provisions Sec. 90.110 Requirement of certification--prohibited controls. (a) An engine may not be equipped with an emission control device, system, or element of design for the purpose of complying with emission standards if such device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function. (b) You may not design your engines with emission-control devices, systems, or elements of design that cause or contribute to an unreasonable risk to public health, welfare, or safety while operating. For example, this would apply if the engine emits a noxious or toxic substance it would otherwise not emit that contributes to such an unreasonable risk. [60 FR 34598, July 3, 1995, as amended at 67 FR 68340, Nov. 8, 2002]