Emissions rules now open for comment

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More details released on how outboard engine standards will work next year.

The Federal Department of the Environment and Energy has released a draft copy of the Product Emissions Standards (PES) rules which will determine how the emissions standards for outboard engines will operate from next year.

The draft rules are available here with public comments due to close on 27 November, 2017. According to the draft document, the rules are set to commence on 1 January 2018.

The release of the draft rules comes hard on the heels of the closure of public comments for the draft Cost Recovery Implementation Statement (CRIS) which outlines how the industry will pay for the scheme.

As expected, the draft PES rules contain details of the scheme's operation in relation to the relevant standards that will be applied, the granting of exemptions and any transitional arrangements before the scheme comes into effect.

The rules outline a limited number of exemptions for non-compliant engines such as for testing purposes, for use by defence, law enforcement agencies and emergency services (where there is no suitable alternative engine), and organised competitions. After 30 June 2019, there will be no exemptions for engines which are already in the market but which have yet to be sold. Fees for exemption applications range from $390 to $1,470.

The rules also contain provisions whereby if the department does not make decision on an application for an exemption within 60 days the application is regarded as having been automatically refused.

The department can also vary, suspend or revoke an exemption by posting a notice on its website and while it is required to give a copy of the notice to the applicant “if reasonably practicable” failure to do so will not invalidate the notice.

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