[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: 40CFR90.214]

[Page 198-199]
 
                   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. 90.214  Banking under the optional program.

    (a)(1)-(3) [Reserved]
    (4) For the 2002 through 2004 model years, a manufacturer of a Class 
III or Class IV engine family may bank credits for use in future model 
year averaging and trading from those Class III or Class IV engine 
families with an FEL at or below the applicable standard.
    (5) For the 2004 through 2006 model years, a manufacturer of a Class 
V engine family may bank credits for use in future model year averaging 
and trading from those Class V engine families with an FEL at or below 
the applicable standard.
    (6) Negative credits may be banked only according to the 
requirements under Sec. 90.216(c).
    (b)(1) [Reserved]
    (2) [Reserved]
    (3) Beginning with the 2000 model year and prior to the applicable 
date listed in paragraph (a) of this section for Class III engines, a 
manufacturer may bank early credits for all Class III engines with 
HC+NOX FELs below the applicable standard. All early credits 
for Class III engines shall be calculated against a HC+NOX 
level of 238 g/kW-hr.
    (4) Beginning with the 2000 model year and prior to the applicable 
date listed in paragraph (a) of this section for Class IV engines, a 
manufacturer may bank early credits for all Class IV engines with 
HC+NOX FELs below the applicable standard. All early credits 
for Class IV engines shall be calculated against a HC+NOX 
level of 196 g/kW-hr.
    (5) Beginning with the 2000 model year and prior to the applicable 
date listed in paragraph (a) of this section for Class V engines, a 
manufacturer may bank early credits for all Class V engines with 
HC+NOX FELs below the applicable standard. All early credits 
for Class V engines shall be calculated against a HC+NOX 
level of 143 g/kW-hr.
    (6) Engines certified under the early banking provisions of this 
paragraph are subject to all of the requirements of this part applicable 
to Phase 2 engines.
    (c) A manufacturer may bank actual credits only after the end of the 
model year and after EPA has reviewed the manufacturer's end-of-year 
reports.

[[Page 199]]

During the model year and before submittal of the end-of-year report, 
credits originally designated in the certification process for banking 
will be considered reserved and may be redesignated for trading or 
averaging in the end-of-year report and final report.
    (d) Credits declared for banking from the previous model year that 
have not been reviewed by EPA may be used in averaging or trading 
transactions. However, such credits may be revoked at a later time 
following EPA review of the end-of-year report or any subsequent audit 
actions.

[65 FR 24309, Apr. 25, 2000]