[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: 40CFR89.209]



[Page 75]

 

                   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.  89.209  Certification.



    (a) In the application for certification a manufacturer must:

    (1) Declare its intent to include specific engine families in the 

averaging, banking, and trading programs.

    (2) Submit a statement that the engines for which certification is 

requested will not, to the best of the manufacturer's belief, cause the 

manufacturer to have a negative credit balance when all credits are 

calculated for all the manufacturer's engine families participating in 

the averaging, banking, and trading programs, except as allowed under 

Sec.  89.203(c)(3)(ii).

    (3) Declare the applicable FELs for each engine family participating 

in averaging, banking, and trading.

    (i) The FELs must be to the same number of significant digits as the 

emission standard for the applicable pollutant.

    (ii) In no case may the FEL exceed the upper limits prescribed in 

Sec.  89.112(d).

    (4) Indicate the projected number of credits generated/needed for 

this family; the projected applicable production/sales volume, by 

quarter; and the values required to calculate credits as given in Sec.  

89.207.

    (5) Submit calculations in accordance with Sec.  89.207 of projected 

emission credits (positive or negative) based on quarterly production 

projections for each participating family.

    (6)(i) If the engine family is projected to have negative emission 

credits, state specifically the source (manufacturer/engine family or 

reserved) of the credits necessary to offset the credit deficit 

according to quarterly projected production, or, if the engine family is 

to be included in the provisions of Sec.  89.203(c)(3)(ii), state that 

the engine family will be subject to those provisions.

    (ii) If the engine family is projected to generate credits, state 

specifically (manufacturer/engine family or reserved) where the 

quarterly projected credits will be applied.

    (b) All certificates issued are conditional upon manufacturer 

compliance with the provisions of this subpart both during and after the 

model year of production.

    (c) Failure to comply with all provisions of this subpart will be 

considered to be a failure to satisfy the conditions upon which the 

certificate was issued, and the certificate may be deemed void ab 

initio.

    (d) The manufacturer bears the burden of establishing to the 

satisfaction of the Administrator that the conditions upon which the 

certificate was issued were satisfied or waived.

    (e) Projected credits based on information supplied in the 

certification application may be used to obtain a certificate of 

conformity. However, any such credits may be revoked based on review of 

end-of-year reports, follow-up audits, and any other verification steps 

deemed appropriate by the Administrator.



[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR 56995, 

57009, Oct. 23, 1998]