[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1048.145]

[Page 561-562]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1048_CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD 
SPARK-IGNITION ENGINES--Table of Contents
 
          Subpart B_Emission Standards and Related Requirements
 
Sec.  1048.145  Are there interim provisions that apply only for a limited time?

    The provisions in this section apply instead of other provisions in 
this part. This section describes when these interim provisions expire.
    (a) Family banking. This paragraph (a) allows you to reduce the 
number of engines subject to the Tier 2 standards by certifying some of 
your engines earlier than otherwise required, as follows:
    (1) For early-compliant engines to generate offsets under this 
paragraph (a), you must meet the following general provisions:
    (i) You must begin actual production of early-compliant engines by 
September 1, 2006.
    (ii) Engines you produce after December 31, 2006 may not generate 
offsets.

[[Page 562]]

    (iii) Offset-generating engines must be certified to the Tier 2 
standards and requirements under this part 1048.
    (iv) If you certify engines under the voluntary standards of Sec.  
1048.140, you may not use them in your calculation under this paragraph 
(a).
    (2) For every offset-generating engine certified to the Tier 2 
standards, you may reduce the number of engines with the same maximum 
engine power that are required to meet the Tier 2 standards in later 
model years by one engine. You may calculate power-weighted offsets 
based on actual U.S.-directed sales volumes. For example, if you produce 
a total of 1,000 engines in 2005 and 2006 with an average maximum power 
of 60 kW certified to the Tier 2 standards, you may delay certification 
to that tier of standards for up to 60,000 kW-engine-years in any of the 
following ways:
    (i) Delay certification of up to 600 engines with an average maximum 
power of 100 kW for one model year.
    (ii) Delay certification of up to 200 engines with an average 
maximum power of 100 kW for three consecutive model years.
    (iii) Delay certification of up to 400 engines with an average 
maximum power of 100 kW for one model year and up to 50 engines with an 
average maximum power of 200 kW for two model years.
    (3) Offset-using engines (that is, those not required to certify to 
the Tier 2 standards) must be certified to the Tier 1 standards and 
requirements of this part 1048. You may delay compliance for up to three 
model years.
    (4) By January 31 of each year in which you use the provisions of 
this paragraph (a), send us a report describing how many offset-
generating or offset-using engines you produced in the preceding model 
year.
    (b) Hydrocarbon standards. For 2004 through 2006 model years, engine 
manufacturers may use nonmethane hydrocarbon measurements to demonstrate 
compliance with applicable emission standards.
    (c) [Reserved]
    (d) Tier 1 deterioration factors. For Tier 1 engines, base the 
deterioration factor from Sec.  1048.240 on 3500 hours of operation. We 
may assign a deterioration factor for a Tier 1 engine family, but this 
would not affect your need to meet all emission standards that apply.
    (e) [Reserved]
    (f) Optional early field testing. You may optionally use the field-
testing procedures in subpart F of this part for any in-use testing 
required under subpart E of this part to show that you meet Tier 1 
standards. In this case, the same Tier 1 in-use emission standards apply 
to both steady-state testing in the laboratory and field testing.
    (g) Small-volume provisions. If you qualify for the hardship 
provisions in Sec.  1068.250 of this chapter, we may approve extensions 
of up to four years total.
    (h) 2004 certification. For the 2004 model year, you may choose to 
have the emission standards and other requirements that apply to these 
engines in California serve as the emission standards and other 
requirements applicable under this part, instead of those in subpart A 
of this part. To ask for a certificate under this paragraph (h), send us 
the application for certification that you prepare for the California 
Air Resources Board instead of the information we otherwise require in 
Sec.  1048.205.
    (i) Recreational vehicles. Engines or vehicles identified in the 
scope of 40 CFR part 1051 that are not yet regulated under that part are 
excluded from the requirements of this part. For example, snowmobiles 
produced in 2004 are not subject to the emission standards in this part. 
Once emission standards apply to these engines and vehicles, they are 
excluded from the requirements of this part under Sec.  1048.5(a)(1).

[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40470, July 13, 2005]