part_subject: "CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES"
subpart_code: "H"
subpart_subject: "Averaging, Banking, and Trading for Certification"
section_number: "1039.720"
section_subject: "How do I trade emission credits?"
cfr_reference: "40 CFR 1039.720"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 1000 to 1059"
revised_date: "Revised as of July 1, 2017"
publication_date: "As of July 1, 2017"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(a)Trading is the exchange of emission credits between manufacturers. You may use traded emission credits for averaging, banking, or further trading transactions. Traded emission credits may be used only within the averaging set in which they were generated.
(b)You may trade actual emission credits as described in this subpart. You may also trade reserved emission credits, but we may revoke these emission credits based on our review of your records or reports or those of the company with which you traded emission credits. You may trade banked credits within an averaging set to any certifying manufacturer.
(c)If a negative emission credit balance results from a transaction, both the buyer and seller are liable, except in cases we deem to involve fraud. See § 1039.255(e) for cases involving fraud. We may void the certificates of all engine families participating in a trade that results in a manufacturer having a negative balance of emission credits. See § 1039.745.