[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: 40CFR1068.245]



[Page 832]

 

                   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-related requirements for a limited time 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, including the provisions of 

Sec.  1068.250.

    (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 

standards from the previous tier.

    (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) One of the following statements:

    (i) If the engine does not meet any emission standards: ``THIS 

ENGINE IS EXEMPT UNDER 40 CFR 1068.245 FROM EMISSION STANDARDS AND 

RELATED REQUIREMENTS.''.

    (ii) If the engine meets alternate emission standards as a condition 

of an exemption under this section, we may specify a different statement 

to identify the alternate emission standards.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39268, June 29, 2004; 70 

FR 40513, July 13, 2005]