[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1068.240]



[Page 831]

 

                   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) 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.

    (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 COMPLIES WITH U.S. EPA NONROAD EMISSION REQUIREMENTS FOR 

[Insert appropriate year reflecting when the applicable tier of emission 

standards for the replaced engine began to apply] ENGINES UNDER 40 CFR 

1068.240. 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.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39267, June 29, 2004; 70 

FR 40513, July 13, 2005]



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