[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: 40CFR89.205]



[Page 72-73]

 

                   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.  89.205  Banking.



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

manufacturer of a nonroad engine family with a NOX FEL below 

the applicable standard for a given model year may bank credits in that 

model year for use in averaging and trading in any subsequent model 

year.

    (2) A manufacturer of a nonroad engine family may bank 

NOX credits up to one calendar year prior to the effective 

date of mandatory certification. Such engines must meet the requirements 

of subparts A, B, D, E, F, G, H, I, J, and K of this part.

    (3)(i) A manufacturer of a nonroad engine family may bank PM credits 

from Tier 1 engines under the provisions specified in Sec.  89.207(b) 

for use in averaging and trading in the Tier 2 or later timeframe.

    (ii) Such engine families are subject to all provisions specified in 

subparts A, B, D, E, F, G, H, I, J, and K of this part, except that the 

applicable PM



[[Page 73]]



FEL replaces the PM emission standard for the family participating in 

the banking and trading program.

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

kW and Tier 1 and later engines rated under 37 kW. (1) A manufacturer of 

a nonroad engine family with an NMHC + NOX FEL or a PM FEL 

below the applicable standard for a given model year may bank credits in 

that model year for use in averaging and trading in any following model 

year.

    (2) For engine rated under 37 kW, a manufacturer of a nonroad engine 

family may bank credits prior to the effective date of mandatory 

certification. Such engines must meet the requirements of subparts A, B, 

D, E, F, G, H, I, J, and K of this part.

    (c) A manufacturer may bank actual credits only after the end of the 

model year and after EPA has reviewed the manufacturer's end-of-year 

reports. During the model year and before submittal of the end-of-year 

report, credits originally designated in the certification process for 

banking will be considered reserved and may be redesignated for trading 

or averaging in the end-of-year report and final report.

    (d) Credits declared for banking from the previous model year that 

have not been reviewed by EPA may be used in averaging or trading 

transactions. However, such credits may be revoked at a later time 

following EPA review of the end-of-year report or any subsequent audit 

actions.



[63 FR 57008, Oct. 23, 1998]