StacksVerified U.S. regulatory reference

40 CFR §1036.705

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
  1. (a)The provisions of this section apply for calculating NOX emission credits.
  2. (b)For each participating family, calculate positive or negative emission credits relative to the otherwise applicable emission standard. Calculate positive emission credits for a family that has an FEL below the standard. Calculate negative emission credits for a family that has an FEL above the standard. Sum your positive and negative credits for the model year before rounding. Calculate emission credits to the nearest megagram (Mg) for each family using the following equation:
  3. (c)Compliance with the requirements of this subpart is determined at the end of the model year by calculating emission credits based on actual production volumes, excluding the following engines:
    1. (1)Engines that you do not certify to the standards of this part because they are permanently exempted under subpart G of this part or under 40 CFR part 1068.
    2. (2)Exported engines.
    3. (3)Engines not subject to the requirements of this part, such as those excluded under § 1036.5.
    4. (4)Engines certified to state emission standards that are different than the emission standards referenced in this section, and intended for sale in a state that has adopted those emission standards.
    5. (5)Any other engines if we indicate elsewhere in this part that they are not to be included in the calculations of this subpart.
Example for model year 2028 Heavy HDE generating NOX credits: