[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1068.240]

[Page 704-705]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of Contents
 
                   Subpart C_Exemptions and Exclusions
 
Sec. 1068.240  What are the provisions for exempting new replacement engines?

    (a) You are eligible for the exemption for new replacement engines 
only if you are a certificate holder.
    (b) The prohibitions in Sec. 1068.101(a)(1) do not apply to an 
engine if all the following conditions apply:
    (1) You produce a new engine to replace an engine already placed in 
service in a piece of equipment.
    (2) The engine being replaced was manufactured before the emission 
standards that would otherwise apply to the new engine took effect.
    (3) No engine certified to current emission requirements is 
available with the appropriate physical or performance characteristics 
for the piece of equipment.
    (4) You or your agent takes possession of the old engine.
    (5) You make the replacement engine in a configuration identical in 
all material respects to the engine being replaced (or that of another 
certified engine of the same or later model year). This requirement 
applies only if the old engine was certified to emission standards less 
stringent than those in effect when you produce the replacement engine.
    (c) If the old engine was not certified to any emission standards 
under this chapter, clearly label the replacement engine with the 
following language:

    THIS ENGINE DOES NOT COMPLY WITH FEDERAL NONROAD OR HIGHWAY EMISSION 
REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER 
THAN AS A REPLACEMENT ENGINE IN A VEHICLE OR PIECE OF EQUIPMENT BUILT 
BEFORE JANUARY 1, [Insert appropriate year reflecting when standards 
began to apply to engines of that size and type] IS A VIOLATION OF 
FEDERAL LAW SUBJECT TO CIVIL PENALTY.

    (d) If the old engine was certified to emission standards less 
stringent than those in effect when you produce the replacement engine, 
clearly label the replacement engine with the following language:

    THIS ENGINE DOES NOT COMPLY WITH CURRENT FEDERAL NONROAD OR HIGHWAY 
EMISSION REQUIREMENTS. SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE 
OTHER THAN AS A REPLACEMENT ENGINE IN A VEHICLE OR PIECE OF EQUIPMENT 
BUILT BEFORE JANUARY 1, [Insert appropriate year reflecting when the 
earlier tier of emission standards began to apply to the old engine] IS 
A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.

    Effective Date Note: At 69 FR 39267, June 29, 2004, Sec. 1068.240 
was revised, effective Aug. 30, 2004. For the convenience of the user, 
the revised text is set forth as follows:

Sec. 1068.240  What are the provisions for exempting new replacement 
          engines?

    (a) You are eligible for the exemption for new replacement engines 
only if you are a certificate holder.
    (b) The prohibitions in Sec. 1068.101(a)(1) do not apply to an 
engine if all the following conditions apply:
    (1) You produce a new engine to replace an engine already placed in 
service in a piece of equipment.
    (2) The engine being replaced was manufactured before the emission 
standards that would otherwise apply to the new engine took effect.
    (3) You determine that you do not produce an engine certified to 
meet current requirements that has the appropriate physical or 
performance characteristics to repower the equipment. If the engine 
being replaced was made by a different company, you must make this 
determination also for engines produced by this other company.

[[Page 705]]

    (4) You or your agent takes possession of the old engine or confirms 
that the engine has been destroyed.
    (5) You make the replacement engine in a configuration identical in 
all material respects to the engine being replaced (or that of another 
certified engine of the same or later model year). This requirement 
applies only if the old engine was certified to emission standards less 
stringent than those in effect when you produce the replacement engine.
    (c) If the engine being replaced was not certified to any emission 
standards under this chapter, add a permanent label with your corporate 
name and trademark and the following language:

THIS ENGINE DOES NOT COMPLY WITH U.S. EPA NONROAD EMISSION REQUIREMENTS. 
SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE 
A NONROAD ENGINE BUILT BEFORE JANUARY 1, [Insert appropriate year 
reflecting when the earliest tier of standards began to apply to engines 
of that size and type] MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO 
CIVIL PENALTY.

    (d) If the engine being replaced was certified to emission standards 
less stringent than those in effect when you produce the replacement 
engine, add a permanent label with your corporate name and trademark and 
the following language:

THIS ENGINE DOES NOT COMPLY WITH U.S. EPA NONROAD EMISSION REQUIREMENTS. 
SELLING OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN TO REPLACE 
A NONROAD ENGINE BUILT BEFORE JANUARY 1, [Insert appropriate year 
reflecting when the next tier of emission standards began to apply] MAY 
BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.

    (e) The provisions of this section may not be used to circumvent 
emission standards that apply to new engines under the standard-setting 
part.