---
kind: "section"
citation: "40 C.F.R. § 1068.315"
title: "40"
number: "1068.315"
heading: "Permanent exemptions for imported engines/equipment."
url: "https://uscodex.org/cfr/40/1068.315"
---

# §1068.315. Permanent exemptions for imported engines/equipment.


We may approve a permanent exemption from the restrictions on imports under [§ 1068.301(b)](/cfr/40/1068.301.md?p=b) under the following conditions:

- (a) **National security exemption.** You may import an engine or piece of equipment under the national security exemption in [§ 1068.225](/cfr/40/1068.225.md).
- (b) **Manufacturer-owned engine/equipment exemption.** You may import manufacturer-owned engines/equipment, as described in [§ 1068.215](/cfr/40/1068.215.md).
- (c) **Replacement engine exemption.** You may import a nonconforming replacement engine as described in [§ 1068.240](/cfr/40/1068.240.md). To use this exemption, you must be a certificate holder for a family we regulate under the same part as the replacement engine.
- (d) **Extraordinary circumstances exemption.** You may import a nonconforming engine or piece of equipment if we grant hardship relief as described in [§ 1068.245](/cfr/40/1068.245.md).
- (e) **Small-volume manufacturer exemption.** You may import a nonconforming engine or piece of equipment if we grant hardship relief for a small-volume manufacturer, as described in [§ 1068.250](/cfr/40/1068.250.md).
- (f) **Equipment-manufacturer hardship exemption.** You may import a nonconforming engine if we grant an exemption for the transition to new or revised emission standards, as described in [§ 1068.255](/cfr/40/1068.255.md).
- (g) [Reserved]
- (h) **Identical configuration exemption.** Unless specified otherwise in the standard-setting part, you may import nonconforming engines/equipment if they are identical in all material respects to certified engines/equipment produced by the same manufacturer, subject to the following provisions:
  - (1) You must meet all the following criteria:
    - (i) **You have owned the engines/equipment for at least six months.**
    - (ii) You agree not to sell, lease, donate, trade, or otherwise transfer ownership of the engines/equipment for at least five years. The only acceptable way to dispose of the engines/equipment during this five-year period is to destroy or export them.
    - (iii) You use data or evidence sufficient to show that the engines/equipment are in a configuration that is identical in all material respects to engines/equipment the original manufacturer has certified to meet emission standards that apply at the time the manufacturer finished assembling or modifying the engines/equipment in question. If you modify the engines/equipment to make them identical, you must completely follow the original manufacturer's written instructions.
  - (2) We will tell you in writing if we find the information insufficient to show that the engines/equipment are eligible for the identical configuration exemption. We will then not consider your request further until you address our concerns.

## Notes

### Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74231, Oct. 25, 2016; 88 FR 4717, Jan. 24, 2023]

### Authority

Authority: 42 U.S.C. 7401-7671q.

### Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.

### Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74231, Oct. 25, 2016; 88 FR 4717, Jan. 24, 2023]