[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: 40CFR90.212]

[Page 197-198]
 
                   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. 90.212  Optional transition year averaging, banking, and trading program 
for Phase 2 handheld engines.

    (a) In lieu of the averaging, banking, and trading program described 
in Secs. 90.204 through 90.211, a handheld engine manufacturer may, 
through model year 2010, participate in an optional transition year 
averaging, banking and trading program as described in Secs. 90.213 
through 90.220.
    (b) Under this optional transition year program, if an engine family 
has an FEL below the applicable standard for that year, it can generate 
emission credits as calculated in Sec. 90.216. These credits will be 
determined by subtracting the engine family's FEL from the standard and 
multiplying by the appropriate adjustment factor selected from Tables 1 
through 3 in Sec. 90.216. These credits will be designated as ``Optional 
Transition Year'' credits. These credits, as adjusted by these factors, 
may be used in subsequent model years through model year 2007 to 
demonstrate manufacturer compliance with the applicable standard. 
Beginning in model year 2008 and continuing through model year 2010, 
these optional transition credits can be used to demonstrate compliance 
if, prior to the use of any credits, the manufacturer's average emission 
level as calculated

[[Page 198]]

using the FELs set by the manufacturer is equal to or lower than the 
manufacturer's average emission level using the manufacturer's actual 
production, but substituting values of 72 g/kW-hr for Class III and IV 
engines, and 87 g/kW-hr for Class V engines. Manufacturer will choose to 
participate in this optional transition year program each year and for 
each engine family. Manufacturers will notify EPA of their program 
choice at the time they request certification. Once a family has been 
designated as generating credits under either the optional program or 
the program described in Secs. 90.204 through 90.211, the manufacturer 
may not change that program selection for any of the engines of that 
engine family produced under that model year certification approval.

[65 FR 24309, Apr. 25, 2000]