[Code of Federal Regulations]

[Title 40, Volume 20]

[Revised as of July 1, 2006]

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

[CITE: 40CFR89.204]



[Page 72]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 89_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

          Subpart C_Averaging, Banking, and Trading Provisions

 

Sec.  89.204  Averaging.



    (a) Requirements for Tier 1 engines rated at or above 37 kW. A 

manufacturer may use averaging to offset an emission exceedance of a 

nonroad engine family caused by a NOX FEL above the 

applicable emission standard. NOX credits used in averaging 

may be obtained from credits generated by another engine family in the 

same model year, credits banked in a previous model year, or credits 

obtained through trading.

    (b) Requirements for Tier 2 and later engines rated at or above 37 

kW and Tier 1 and later engines rated under 37 kW. A manufacturer may 

use averaging to offset an emission exceedance of a nonroad engine 

family caused by an NMHC+;NOX FEL or a PM FEL above the 

applicable emission standard. Credits used in averaging may be obtained 

from credits generated by another engine family in the same model year, 

credits banked in previous model years that have not expired, or credits 

obtained through trading. The use of credits shall be within the 

restrictions described in paragraph (c) of this section, Sec.  

89.206(b)(4) and Sec.  89.203(b)(5)(ii).

    (c) Averaging sets for emission credits. The averaging and trading 

of NOX emission credits, NMHC + NOX emission 

credits, and PM emissions credits will only be allowed between engine 

families in the same averaging set. The averaging sets for the averaging 

and trading of NOX emission credits, NMHC + NOX 

emission credits, and PM emission credits for nonroad engines are 

defined as follows:

    (1) Eligible engines rated at or above 19 kW, other than marine 

diesel engines, constitute an averaging set.

    (2) Eligible engines rated under 19 kW, other than marine diesel 

engines, constitute an averaging set.

    (3) Marine diesel engines rated at or above 19 kW constitute an 

averaging set. Emission credits generated from marine diesel engines 

rated at or above 19 kW may be used to address credit shortfalls for 

eligible engines rated at or above 19 kW other than marine diesel 

engines.

    (4) Marine diesel engines rated under 19 kW constitute an averaging 

set. Emission credits generated from marine diesel engines rated under 

19 kW may be used to address credit shortfalls for eligible engines 

rated under 19 kW other than marine diesel engines.



[63 FR 57007, Oct. 23, 1998]