[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: 40CFR89.211]



[Page 76-77]

 

                   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.  89.211  End-of-year and final reports.



    (a) End-of-year and final reports must indicate the engine family, 

the actual applicable production/sales volume, the values required to 

calculate credits as given in Sec.  89.207, and the number of credits 

generated/required. Manufacturers must also submit how and where credit 

surpluses were dispersed (or are to be banked) and/or how and through 

what means credit deficits were met. Copies of contracts related to 

credit trading must be included or supplied by the broker, if 

applicable. The report shall include a calculation of credit balances to 

show that the summation of the manufacturer's use of credits results in 

a credit balance equal to or greater than zero, except as allowed under 

Sec.  89.203(c)(3)(ii). Manufacturers participating under the program 

described in Sec.  89.203(c)(3)(ii) shall include the NMHC + 

NOX credit balance and the PM credit balance as of December 

31 of that calendar year.

    (b) The applicable production/sales volume for end-of-year and final 

reports must be based on the location of the point of first retail sale 

(for example, retail customer, dealer, secondary manufacturer) also 

called the final product purchase location.

    (c)(1) End-of-year reports must be submitted within 90 days of the 

end of the model year to: Director, Engine Programs and Compliance 

Division (6405-J), U.S. Environmental Protection Agency, 401 M St., SW., 

Washington, DC 20460.

    (2) Final reports must be submitted within 270 days of the end of 

the model year to: Director, Engine Programs and Compliance Division 

(6405-J), U.S. Environmental Protection Agency, 401 M St., SW., 

Washington, DC 20460.

    (d) Failure by a manufacturer participating in the averaging, 

banking, or trading program to submit any end-of-year or final reports 

in the specified time for all engines is a violation of sections 

203(a)(1) and 213 of the Clean Air Act for each engine.

    (e) A manufacturer generating credits for deposit only who fails to 

submit end-of-year reports in the applicable specified time period (90 

days after the end of the model year) may not use the credits until such 

reports are received and reviewed by EPA. Use of projected credits 

pending EPA review is not permitted in these circumstances.

    (f) Errors discovered by EPA or the manufacturer in the end-of-year 

report, including errors in credit calculation, may be corrected in the 

final report up to 270 days from the end of the model year.

    (g) If EPA or the manufacturer determines that a reporting error 

occurred on an end-of-year or final report previously submitted to EPA 

under this section, the manufacturer's credits and



[[Page 77]]



credit calculations will be recalculated. Erroneous positive credits 

will be void except as provided in paragraph (h) of this section. 

Erroneous negative credit balances may be adjusted by EPA.

    (h) If within 270 days of the end of the model year, EPA review 

determines a reporting error in the manufacturer's favor (that is, 

resulting in an increased credit balance) or if the manufacturer 

discovers such an error within 270 days of the end of the model year, 

the credits shall be restored for use by the manufacturer.



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

57009, Oct. 23, 1998]