[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: 40CFR90.203]
[Page 191-192]
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 C--Certification Averaging, Banking, and Trading Provisions
Sec. 90.203 General provisions.
(a) The certification averaging, banking, and trading provisions for
HC+NOX and NMHC+NOX emissions from eligible
engines are described in this subpart.
(b) An engine family may use the averaging, banking and trading
provisions for HC+NOX and NMHC+NOX emissions if it
is subject to regulation under this part with certain exceptions
specified in paragraph (c) of this section. HC+NOX and
NMHC+NOX credits shall be interchangeable subject to the
limitations on credit generation, credit usage, and other provisions
described in this subpart.
(c) A manufacturer shall not include in its calculation of credit
generation and may exclude from its calculation of credit usage, any new
engines:
(1) Which are intended to be exported, unless the manufacturer has
reason or should have reason to believe that such engines have been or
will be imported in a piece of equipment; or
(2) Which are subject to state engine emission standards pursuant to
a waiver granted by EPA under section 209(e) of the Act, unless the
manufacturer demonstrates to the satisfaction of the Administrator that
inclusion of these engines in averaging, banking and trading is
appropriate.
(d) For an engine family using credits, a manufacturer may, at its
option, include its entire production of that engine family in its
calculation of credit usage for a given model year.
(e)(1) A manufacturer may certify engine families at Family Emission
Limits (FELs) above or below the applicable emission standard subject to
the limitation in paragraph (f) of this section, provided the summation
of the manufacturer's projected balance of credits from all credit
transactions for all engine classes in a given model year is greater
than or equal to zero, as determined under Sec. 90.207 or Sec. 90.216,
as applicable.
[[Page 192]]
(2) A manufacturer of an engine family with an FEL exceeding the
applicable emission standard must obtain positive emission credits
sufficient to address the associated credit shortfall via averaging,
banking, or trading.
(3) A nonhandheld engine family with an FEL below the applicable
emission standard may generate positive emission credits for averaging,
banking, or trading, or a combination thereof. A handheld engine family
with an FEL below the applicable emission standard may generate positive
emission credits for averaging or trading. A handheld engine family
meeting the requirements of Sec. 90.205(a)(4) or (5), whichever is
applicable, may generate positive emission credits for banking.
(4) In the case of a Selective Enforcement Audit (SEA) failure,
credits may be used to cover subsequent production of engines for the
family in question if the manufacturer elects to recertify to a higher
FEL. Credits may not be used to remedy a nonconformity determined by an
SEA, except that the Administrator may permit the use of credits to
address a nonconformity determined by an SEA where the use of such
credits is one component of a multi-part remedy for the previously
produced engines and the remedy, including the use of credits and the
quantity of credits being used, is such that the Administrator is
satisfied that the manufacturer has strong and lasting incentive to
accurately verify its new engine emission levels and will set or reset
its FELs for current and future model years so that production line
compliance is assured.
(5) In the case of a production line testing (PLT) failure pursuant
to subpart H of this part, a manufacturer may revise the FEL based upon
production line testing results obtained under subpart H of this part
and upon Administrator approval pursuant to Sec. 90.122(d). The
manufacturer may use credits to cover both past production and
subsequent production of the engines as needed as allowed under
Sec. 90.207(c) or Sec. 90.216(c), as applicable.
(f) No Phase 2 engine family may have a HC + NOX FEL that
is greater than 32.2 g/kW-hr for Class I engines, 94 g/kW-hr for Class
I-A engines, 50 g/kW-hr for Class I-B engines, 26.8 g/kW-hr for Class II
engines, 336 g/kW-hr for Class III engines, 275 g/kW-hr for Class IV
engines, or 186 g/kW-hr for Class V engines.
(g)(1) Credits generated in a given model year by an engine family
subject to the Phase 2 emission requirements may only be used in
averaging, banking or trading, as appropriate, for any other engine
family for which the Phase 2 requirements are applicable. Credits
generated in one model year may not be used for prior model years,
except as allowed under Sec. 90.207(c) or Sec. 90.216(c), as applicable.
(2) For the 2005 model year and for each subsequent model year,
manufacturers of Class II engines must provide a demonstration that the
production weighted average FEL for HC+NOX (including
NMHC+NOX FELs), for all of the manufacturer's Class II
engines, will not exceed 13.6 g/kW-hr for the 2005 model year, 13.1 g/
kW-hr for the 2006 model year and 12.6 g/kW-hr for the 2007 and each
subsequent Phase 2 model year. Such demonstration shall be subject to
the review and approval of the Administrator, shall be provided at the
time of the first Class II certification of that model year and shall be
based on projected eligible production for that model year.
(h) Manufacturers must demonstrate compliance under the averaging,
banking, and trading provisions for a particular model year by 270 days
after the end of the model year. Except as provided in Sec. 90.207(c) or
Sec. 90.216(c), as applicable, an engine family generating negative
credits for which the manufacturer does not obtain or generate an
adequate number of positive credits by that date from the same or
previous model year engines will violate the conditions of the
certificate of conformity. The certificate of conformity may be voided
ab initio pursuant to Sec. 90.123 for this engine family.
[64 FR 15239, Mar. 30, 1999, as amended at 65 FR 24308, Apr. 25, 2000]