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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 40 - Protection of Environment |
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Chapter I - Environmental Protection Agency |
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SubChapter C - Air Programs |
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Part 90 - Control of Emissions from Nonroad Spark-Ignition Engines at or Below 19 Kilowatts |
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Subpart C - Certification Averaging, Banking, and Trading Provisions |
§ 90.216 - Credit calculation and manufacturer compliance with emission standards under the optional program.
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(a)(1) For each engine family, HC+NO
X [NMHC+NOX ] certification emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the following equation:Credits = Production × (Standard−FEL) × Power × Useful life × Load Factor × Adjustment Factor Where: Production = eligible production as defined in this part. Annual production projections are used to project credit availability for initial certification. Eligible production volume is used in determining actual credits for end-of-year compliance determination. Standard = the current and applicable Small SI engine HC+NO X (NMHC+NOX ) emission standard in grams per kilowatt hour as determined in § 90.103 or, for early credits, the applicable emission level as specified in § 90.214(b).FEL = the family emission limit for the engine family in grams per kilowatt hour. Power = the maximum modal power of the certification test engine, in kilowatts, as calculated from the applicable federal test procedure as described in this part. Useful Life = the useful life in hours corresponding to the useful life category for which the engine family was certified. Load Factor = 85 percent (i.e., 0.85) for Test Cycle C. For approved alternate test procedures, the load factor must be calculated according to the formula in paragraph (a)(2) of this section: Adjustment Factor = 1.0, except for purposes of calculating credits for banking under the optional transition year program, in which case the adjustment factor is listed in Table 1, Table 2, or Table 3 of paragraph (a)(3) of this section, whichever is applicable, based on the model year of the engine and its certified FEL. (2) Use the following formula to calculate the load factor in paragraph (a)(1) of this section:
Where: %MTT mode i = percent of the maximum FTP torque for mode i.%MTS mode i = percent of the maximum FTP engine rotational speed for mode i.WF mode i = the weighting factor for mode i.(3) Tables 1, 2, and 3 follow:
Table 1.—Adjustment Factors for Class III Engines Model year 2002 or earlier engine families with FELs: Model year 2003 engine families with FELs: Model year 2004 engine families with FELs: Adjustment - factor
>113 g/kW-hr >87 g/kW-hr 0.25 >87-113 g/kW-hr >72-87 g/kW-hr >72-87 g/kW-hr 0.50 >72-87 g/kW-hr >50-72 g/kW-hr ≤72 g/kW-hr 1.00 ≤72 g/kW-hr ≤50 g/kW-hr 1.25 Table 2.—Adjustment Factors for Class IV Engines Model year 2002 or earlier engine families with FELs: Model year 2003 engine families with FELs: Model year 2004 engine families with FELs: Adjustment - factor
>99 g/kW-hr >87 g/kW-hr 0.25 >87-99 g/kW-hr >72-87 g/kW-hr >72-87 g/kW-hr 0.50 >72-87 g/kW-hr >50-72 g/kW-hr ≤72 g/kW-hr 1.00 ≤72 g/kW-hr ≤50 g/kW-hr 1.25 Table 3.—Adjustment Factors for Class V Engines Model year 2004 or earlier engine families with FELs: Model year 2005 engine families with FELs: Model year 2006 engine families with FELs: Adjustment factor >96 g/kW-hr 0.25 >87-96 g/kW-hr >87 g/kW-hr >72-87 g/kW-hr 0.50 >72-87 g/kW-hr >72-87 g/kW-hr ≤72 g/kW-hr 1.00 ≤72 g/kW-hr ≤72 g/kW-hr 1.25 (b) Manufacturer compliance with the emission standards is determined on a corporate average basis at the end of each model year. A manufacturer is in compliance when the sum of positive and negative emission credits it holds is greater than or equal to zero, except that the sum of positive and negative credits may be less than zero as allowed under paragraph (c) of this section.
(c) If, as a result of production line testing as required in subpart H of this part, an engine family is determined to be in noncompliance pursuant to § 90.710, the manufacturer may raise its FEL for past and future production as necessary. Further, a manufacturer may carry a negative credit balance (known also as a credit deficit) for the subject class and model year and for the next three model years. The credit deficit may be no larger than that created by the nonconforming family. If the credit deficit still exists after the model year following the model year in which the nonconformity occurred, the manufacturer must obtain and apply credits to offset the remaining credit deficit at a rate of 1.2 grams for each gram of deficit within the next two model years. The provisions of this paragraph (c) are subject to the limitations in paragraph (d) of this section.
(d) Regulations elsewhere in this part notwithstanding, if an engine manufacturer experiences two or more production line testing failures pursuant to the regulations in subpart H of this part in a given model year, the manufacturer may raise the FEL of previously produced engines only to the extent that such engines represent no more than 10 percent of the manufacturer's total eligible production for that model year, as determined on the date when the FEL is adjusted. For any additional engine families determined to be in noncompliance, the manufacturer must conduct offsetting projects approved in advance by the Administrator.
(e) If, as a result of production line testing under this subpart, a manufacturer desires to lower its FEL it may do so subject to § 90.708(c).
(f) Except as allowed at paragraph (c) of this section, when a manufacturer is not in compliance with the applicable emission standard by the date 270 days after the end of the model year, considering all credit calculations and transactions completed by then, the manufacturer will be in violation of these regulations and EPA may, pursuant to § 90.123, void ab initio the certificates of engine families for which the manufacturer has not obtained sufficient positive emission credits.