Current through September 30, 2024
Section 1036.730 - ABT reports(a) If you certify any of your engine families using the ABT provisions of this subpart, you must send us a final report by September 30 following the end of the model year.(b) Your report must include the following information for each engine family participating in the ABT program:(1) Engine-family designation and averaging set.(2) The emission standards that would otherwise apply to the engine family.(3) The FEL/FCL for each pollutant. If you change the FEL/FCL after the start of production, identify the date that you started using the new FEL/FCL and/or give the engine identification number for the first engine covered by the new FEL/FCL. In this case, identify each applicable FEL/FCL and calculate the positive or negative emission credits as specified in § 1036.225(f) .(4) The projected and actual production volumes for calculating emission credits for the model year. If you changed an FEL/FCL during the model year, identify the actual production volume associated with each FEL/FCL.(5) The transient cycle conversion factor for each engine configuration as described in § 1036.705 .(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 report must include the following additional information:(1) Show that your net balance of emission credits from all your participating engine families in each averaging set in the applicable model year is not negative, except as allowed under § 1036.745 . Your credit tracking must account for the limitation on credit life under § 1036.740(d) .(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 averaging set corresponding to the engine families that generated emission credits for the trade, including the number of emission credits from each averaging set.(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 for each averaging set.(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 report as follows:(1) If you notify us by the deadline for submitting the final report that errors mistakenly decreased your balance of emission credits, you may correct the errors and recalculate the balance of emission credits. If you notify us that errors mistakenly decreased your balance of GHG emission credits after the deadline for submitting the final report, you may correct the errors and recalculate the balance of emission credits after applying a 10 percent discount to the credit correction, but only if you notify us within 24 months after the deadline for submitting the final report. If you report a negative balance of emission credits, we may disallow corrections under this paragraph (f)(1).(2) If you or we determine any time that errors mistakenly increased your balance of emission credits, you must correct the errors and recalculate the balance of emission credits.88 FR 4487, Jan. 24, 2023, as amended at 89 FR 29764, Apr. 22, 2024 81 FR 74004, 12/27/2016; 88 FR 4487, 3/27/2023; As amended at 89 FR 29764, 6/21/2024