[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: 40CFR90.216]
[Page 199-201]
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. 90.216 Credit calculation and manufacturer compliance with emission
standards under the optional program.
(a)(1) For each engine family, HC+NOX
[NMHC+NOX] certification emission credits (positive or
negative) are to be calculated according to the following equation and
rounded to the nearest gram. Consistent units are to be used throughout
the following equation:
Credits = Production x (Standard-FEL) x Power x Useful life x Load
Factor x Adjustment Factor
Where:
Production = eligible production as defined in this part. Annual
production projections are used to project credit availability for
initial certification. Eligible production volume is used in determining
actual credits for end-of-year compliance determination.
Standard = the current and applicable Small SI engine HC+NOX
(NMHC+NOX) emission standard in grams per kilowatt hour as
determined in Sec. 90.103 or, for early credits, the applicable emission
level as specified in Sec. 90.214(b).
FEL = the family emission limit for the engine family in grams per
kilowatt hour.
Power = the maximum modal power of the certification test engine, in
kilowatts, as calculated from the applicable federal test procedure as
described in this part.
Useful Life = the useful life in hours corresponding to the useful life
category for which the engine family was certified.
Load Factor = 85 percent (i.e., 0.85) for Test Cycle C. For approved
alternate test procedures, the load factor must be calculated according
to the formula in paragraph (a)(2) of this section:
Adjustment Factor = 1.0, except for purposes of calculating credits for
banking under the optional transition year program, in which case the
adjustment factor is listed in Table 1, Table 2, or Table 3 of paragraph
(a)(3) of this section, whichever is applicable, based on the model year
of the engine and its certified FEL.
(2) Use the following formula to calculate the load factor in
paragraph (a)(1) of this section:
[GRAPHIC] [TIFF OMITTED] TR25AP00.002
[[Page 200]]
Where:
%MTT modei = percent of the maximum FTP torque for mode i.
%MTS modei = percent of the maximum FTP engine rotational
speed for mode i.
WF modei = the weighting factor for mode i.
(3) Tables 1, 2, and 3 follow:
Table 1--Adjustment Factors for Class III Engines
------------------------------------------------------------------------
Model year 2002 or Model year 2003 Model year 2004
earlier engine engine families engine families Adjustment
families with FELs: with FELs: with FELs: factor
------------------------------------------------------------------------
113 g/kW- 87 g/kW- .................. 0.25
hr hr
87-113 g/ 72-87 g/ 72-87 g/ 0.50
kW-hr kW-hr kW-hr
72-87 g/ 50-72 g/ [le]72 g/kW-hr 1.00
kW-hr kW-hr
[le]72 g/kW-hr [le]50 g/kW-hr .................. 1.25
------------------------------------------------------------------------
Table 2--Adjustment Factors for Class IV Engines
------------------------------------------------------------------------
Model year 2002 or Model year 2003 Model year 2004
earlier engine engine families engine families Adjustment
families with FELs: with FELs: with FELs: factor
------------------------------------------------------------------------
99 g/kW- 87 g/kW- .................. 0.25
hr hr
87-99 g/ 72-87 g/ 72-87 g/ 0.50
kW-hr kW-hr kW-hr
72-87 g/ 50-72 g/ [le]72 g/kW-hr 1.00
kW-hr kW-hr
[le]72 g/kW-hr [le]50 g/kW-hr .................. 1.25
------------------------------------------------------------------------
Table 3--Adjustment Factors for Class V Engines
------------------------------------------------------------------------
Model year 2004 or Model year 2005 Model year 2006
earlier engine engine families engine families Adjustment
families with FELs: with FELs: with FELs: factor
------------------------------------------------------------------------
96 g/kW- .................. .................. 0.25
hr
87-96 g/ 87 g/kW- 72-87 g/ 0.50
kW-hr hr kW-hr
72-87 g/ 72-87 g/ [le]72 g/kW-hr 1.00
kW-hr kW-hr
[le]72 g/kW-hr [le]72 g/kW-hr .................. 1.25
------------------------------------------------------------------------
(b) Manufacturer compliance with the emission standards is
determined on a corporate average basis at the end of each model year. A
manufacturer is in compliance when the sum of positive and negative
emission credits it holds is greater than or equal to zero, except that
the sum of positive and negative credits may be less than zero as
allowed under paragraph (c) of this section.
(c) If, as a result of production line testing as required in
subpart H of this part, an engine family is determined to be in
noncompliance pursuant to Sec. 90.710, the manufacturer may raise its
FEL for past and future production as necessary. Further, a manufacturer
may carry a negative credit balance (known also as a credit deficit) for
the subject class and model year and for the next three model years. The
credit deficit may be no larger than that created by the nonconforming
family. If the credit deficit still exists after the model year
following the model year in which the nonconformity occurred, the
manufacturer must obtain and apply credits to offset the remaining
credit deficit at a rate of 1.2 grams for each gram of deficit within
the next two model years. The provisions of this paragraph (c) are
subject to the limitations in paragraph (d) of this section.
(d) Regulations elsewhere in this part notwithstanding, if an engine
manufacturer experiences two or more production line testing failures
pursuant to the regulations in subpart H of this part in a given model
year, the manufacturer may raise the FEL of previously produced engines
only to the extent that such engines represent no more than 10 percent
of the manufacturer's total eligible production for that model year, as
determined on the date when the FEL is adjusted. For any additional
engine families determined to be in noncompliance, the manufacturer must
conduct offsetting projects approved in advance by the Administrator.
[[Page 201]]
(e) If, as a result of production line testing under this subpart, a
manufacturer desires to lower its FEL it may do so subject to
Sec. 90.708(c).
(f) Except as allowed at paragraph (c) of this section, when a
manufacturer is not in compliance with the applicable emission standard
by the date 270 days after the end of the model year, considering all
credit calculations and transactions completed by then, the manufacturer
will be in violation of these regulations and EPA may, pursuant to
Sec. 90.123, void ab initio the certificates of engine families for
which the manufacturer has not obtained sufficient positive emission
credits.
[65 FR 24310, Apr. 25, 2000]