Document ID: chunk:federal_register_of_legislation:F2019C00388:reg:12:p1
Version: federal_register_of_legislation:F2019C00388
Segment Type: reg
Provision Reference: reg 12 (pt 1/2)
Character Range: 18254–21060

12  Australian emissions standard for non‑road engines
 (1) The Australian emissions standard for a non‑road engine consists of the requirements set out in this section and subsection 13(1).

Technical requirements
 (2) The standard includes the requirements of the following provisions of 40 CFR 1054, subject to subsections (3) to (5) of this section:
 (a) section 1054.101, other than paragraphs (b), (c) and (f);
 (b) section 1054.103, other than paragraph (b);
 (c) section 1054.105, other than paragraph (b);
 (d) section 1054.107;
 (e) section 1054.115;
 (f) section 1054.130, other than paragraphs (b)(2), (4) and (7);
 (g) section 1054.140;
 (h) section 1054.230, other than paragraphs (d) and (f);
 (i) section 1054.235, other than paragraph (d);
 (j) section 1054.240;
 (k) section 1054.245;
 (l) subpart F, other than paragraph 1054.501(a);
 (m) section 1054.801, other than the definitions mentioned in subsection (4) of this section;
 (n) section 1054.805, other than the acronyms mentioned in subsection (5) of this section;
 (o) Appendix II.
 (3) For the purposes of subsection (2):
 (a) 40 CFR is taken to apply to a non‑road engine (within the meaning of this instrument) in the same way as 40 CFR applies to a new, spark‑ignition engine (within the meaning of 40 CFR 1054); and
 (b) a reference in 40 CFR to "we" or "us" is taken to be a reference to the Secretary (within the meaning of the Product Emissions Standards Act 2017), and a reference to "our" is modified in a corresponding way; and
 (c) a provision of 40 CFR is disregarded to the extent it relates to:
 (i) averaging, banking, and trading (or ABT); or
 (ii) the Clean Air Act; or
 (iii) emissions credits; or
 (iv) evaporative emissions requirements; or
 (v) family emissions limits (or FEL); and
 (d) the following references in 40 CFR 1054 to model years are disregarded:
 (i) the second sentence of paragraph 1054.230(a);
 (ii) the words "starting in the 2011 and 2012 model years, respectively" and "starting in the 2013 model year" in paragraph 1054.235(g);
 (iii) the words "in the same or earlier model years" in paragraph 1054.245(a); and
 (e) the following words in 40 CFR 1054 are disregarded:
 (i) the second sentence of paragraph 1054.130(b)(3);
 (ii) the second sentence of paragraph 1054.140(c);
 (iii) the third sentence of paragraph 1054.235(g);
 (iv) the sixth sentence of paragraph 1054.240(c); and
 (f) 40 CFR 1054.501(b)(2) is taken to allow the use of unleaded petrol or premium unleaded petrol as an alternative to using fuels specified in 40 CFR 1065, subpart H, if that petrol complies with the fuel standard (within the meaning of the Fuel Quality Standards Act 2000) to which the petrol is subject.
Note: In 2017, the relevant fuel standard was the Fuel Standard (Petrol) Determination 2001.
 (4)