[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: 40CFR1068.245]

[Page 705-706]
 
                   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. 1068.245  What temporary provisions address hardship due to unusual 
circumstances?

    (a) After considering the circumstances, we may permit you to 
introduce into commerce engines or equipment that do not comply with 
emission standards if all the following conditions apply:
    (1) Unusual circumstances that are clearly outside your control and 
that could not have been avoided with reasonable discretion prevent you 
from meeting requirements from this chapter.
    (2) You exercised prudent planning and were not able to avoid the 
violation; you have taken all reasonable steps to minimize the extent of 
the nonconformity.
    (3) Not having the exemption will jeopardize the solvency of your 
company.
    (4) No other allowances are available under the regulations in this 
chapter to avoid the impending violation.
    (b) To apply for an exemption, you must send the Designated Officer 
a written request as soon as possible before you are in violation. In 
your request, show that you meet all the conditions and requirements in 
paragraph (a) of this section.
    (c) Include in your request a plan showing how you will meet all the 
applicable requirements as quickly as possible.
    (d) You must give us other relevant information if we ask for it.
    (e) We may include reasonable additional conditions on an approval 
granted under this section, including provisions to recover or otherwise 
address the lost environmental benefit or paying fees to offset any 
economic gain resulting from the exemption. For example, in the case of 
multiple tiers of emission standards, we may require that you meet the 
less stringent standards.
    (f) Add a permanent, legible label, written in block letters in 
English, to a readily visible part of each engine exempted under this 
section. This label must include at least the following items:
    (1) The label heading ``EMISSION CONTROL INFORMATION''.
    (2) Your corporate name and trademark.
    (3) Engine displacement (in liters), rated power, and model year of 
the engine or whom to contact for further information.
    (4) The statement ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.245 FROM 
EMISSION STANDARDS AND RELATED REQUIREMENTS.''.

    Effective Date Note: At 69 FR 39268, June 29, 2004, Sec. 1068.245 
was amended by revising paragraphs (a) introductory text and (e), 
effective Aug. 30, 2004. For the convenience of

[[Page 706]]

the user, the revised text is set forth as follows:

Sec. 1068.245  What temporary provisions address hardship due to 
          unusual circumstances?

    (a) After considering the circumstances, we may permit you to 
introduce into commerce engines or equipment that do not comply with 
emission-related requirements for a limited time if all the following 
conditions apply:

                                * * * * *

    (e) We may include reasonable additional conditions on an approval 
granted under this section, including provisions to recover or otherwise 
address the lost environmental benefit or paying fees to offset any 
economic gain resulting from the exemption. For example, in the case of 
multiple tiers of emission standards, we may require that you meet the 
standards from the previous tier.

                                * * * * *