Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

Marginal note:Early action credits — 2008, 2009 and 2010 model years

• 29 (1) A company may obtain early action credits in respect of its fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years if the total number of credits calculated in respect of those fleets of the 2008, 2009 and 2010 model years is greater than the total number of deficits incurred for those model years and the company reports the credits in its 2011 model year report.

• Marginal note:Date of early action credits

  (2) The early action credits are obtained by a company on the day on which the report referred to in subsection (1) is submitted.

• Marginal note:Calculation

  (3) Early action credits obtained or deficits incurred in respect of the company’s fleets of passenger automobiles and light trucks of the 2008, 2009 and 2010 model years must be calculated in accordance with subsection 20(3), except that the fleet average CO₂ equivalent emission standard for the 2008, 2009 and 2010 model years, as determined for A, is the following:

  • (a) in the case of fleets of passenger automobiles, 323 grams/mile; and

  • (b) in the case of fleets of light trucks, either the quotient of 8,887 divided by the light truck fuel economy level for the applicable model year determined in accordance with section 5 of Title 49, subtitle B, chapter V, part 533, of the CFR, applicable to that model year, or

    • (i) 395 grams/mile for the 2008 model year,

    • (ii) 381 grams/mile for the 2009 model year, and

    • (iii) 376 grams/mile for the 2010 model year.

• Marginal note:Modification

  (4) For the purposes of paragraph (3)(b), the equation in Figure 1 set out in section 5 of Title 49, subtitle B, chapter V, part 533, of the CFR is modified as follows:

  • (a) “N” is the total number of passenger automobiles or light trucks in the fleet;

  • (b) “N_i” is the number of passenger automobiles or light trucks in each group “i” in the fleet; and

  • (c) “i” is a group of passenger automobiles or light trucks of the same model type and that have the same footprint.

• Marginal note:2008 model year — limitation

  (5) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2008 model year can only be used to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2011 model year, after which the credits are no longer valid.

• Marginal note:Time limit — credits for the 2009 model year

  (6) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2009 model year may be used in respect of any fleet of passenger automobiles or light trucks of the 2011 to 2014 model years, after which the credits are no longer valid.

• Marginal note:Time limit — credits for the 2010 model year

  (6.1) Early action credits obtained for a fleet of passenger automobiles or light trucks of the 2010 model year may be used in respect of any fleet of passenger automobiles or light trucks of the 2011 to 2021 model years, after which the credits are no longer valid.

• Marginal note:Use of early action credits

  (7) Subject to subsection (8) and paragraph 30(3)(b), the rules set out in sections 21 and 22 with respect to credits also apply to early action credits.

• Marginal note:Adjustment

  (8) If the early action credits are obtained in respect of fleets of the 2009 and 2010 model years that contain alcohol dual fuel vehicles or natural gas dual fuel vehicles, the number of early action credits that are available to offset a deficit incurred in respect of a fleet of passenger automobiles or light trucks of the 2012 or subsequent model years must be adjusted with the assumption that all alcohol dual fuel vehicles and natural gas dual fuel vehicles operate only on gasoline or diesel fuel.