TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER U - AIR POLLUTION CONTROLS

PART 1039 - CONTROL OF EMISSIONS FROM NEW AND IN - USE NONROAD COMPRESSION - IGNITION ENGINES

subpart h - AVERAGING, BANKING, AND TRADING FOR CERTIFICATION

1039.730 - What ABT reports must I send to EPA?

  (a) If any of your engine families are certified using the ABT provisions of this subpart, you must send an end-of-year report within 90 days after the end of the model year and a final report within 270 days after the end of the model year. We may waive the requirement to send the end-of year report, as long as you send the final report on time.

  (b) Your end-of-year and final reports must include the following information for each engine family participating in the ABT program: (1) Engine-family designation.

  (2) The emission standards that would otherwise apply to the engine family.

  (3) The FEL for each pollutant. If you changed an FEL during the model year, identify each FEL you used and calculate the positive or negative emission credits under each FEL. Also, describe how the applicable FEL can be identified for each engine you produced. For example, you might keep a list of engine identification numbers that correspond with certain FEL values.

  (4) The projected and actual production volumes for the model year with a point of retail sale in the United States. If you changed an FEL during the model year, identify the actual production volume associated with each FEL.

  (5) Maximum engine power for each engine configuration, and the sales-weighted average engine power for the engine family.

  (6) Useful life.

  (7) Calculated positive or negative emission credits for the whole engine family. Identify any emission credits that you traded, as described in paragraph (d)(1) of this section.

  (c) Your end-of-year and final reports must include the following additional information: (1) Show that your net balance of emission credits from all your engine families in each averaging set in the applicable model year is not negative.

  (2) State whether you will reserve any emission credits for banking.

  (3) State that the report's contents are accurate.

  (d) If you trade emission credits, you must send us a report within 90 days after the transaction, as follows: (1) As the seller, you must include the following information in your report: (i) The corporate names of the buyer and any brokers.

  (ii) A copy of any contracts related to the trade.

  (iii) The engine families that generated emission credits for the trade, including the number of emission credits from each family.

  (2) As the buyer, you must include the following information in your report: (i) The corporate names of the seller and any brokers.

  (ii) A copy of any contracts related to the trade.

  (iii) How you intend to use the emission credits, including the number of emission credits you intend to apply to each engine family (if known).

  (e) Send your reports electronically to the Designated Compliance Officer using an approved information format. If you want to use a different format, send us a written request with justification for a waiver.

  (f) Correct errors in your end-of-year report or final report as follows: (1) You may correct any errors in your end-of-year report when you prepare the final report, as long as you send us the final report by the time it is due.

  (2) If you or we determine within 270 days after the end of the model year that errors mistakenly decrease your balance of emission credits, you may correct the errors and recalculate the balance of emission credits. You may not make these corrections for errors that are determined more than 270 days after the end of the model year. If you report a negative balance of emission credits, we may disallow corrections under this paragraph (f)(2).

  (3) If you or we determine anytime that errors mistakenly increase your balance of emission credits, you must correct the errors and recalculate the balance of emission credits.