TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER U - AIR POLLUTION CONTROLS

PART 1048 - CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK - IGNITION ENGINES

subpart c - CERTIFYING ENGINE FAMILIES

1048.255 - When may EPA deny, revoke, or void my certificate of conformity?

  (a) If we determine your application is complete and shows that the engine family meets all the requirements of this part and the Act, we will issue a certificate of conformity for your engine family for that model year. We may make the approval subject to additional conditions.

  (b) We may deny your application for certification if we determine that your engine family fails to comply with emission standards or other requirements of this part or the Act. Our decision may be based on a review of all information available to us. If we deny your application, we will explain why in writing.

  (c) In addition, we may deny your application or suspend or revoke your certificate if you do any of the following: (1) Refuse to comply with any testing or reporting requirements.

  (2) Submit false or incomplete information (paragraph (e) of this section applies if this is fraudulent).

  (3) Render inaccurate any test data.

  (4) Deny us from completing authorized activities despite our presenting a warrant or court order (see 40 CFR 1068.20). This includes a failure to provide reasonable assistance.

  (5) Produce engines for importation into the United States at a location where local law prohibits us from carrying out authorized activities.

  (6) Fail to supply requested information or amend your application to include all engines being produced.

  (7) Take any action that otherwise circumvents the intent of the Act or this part.

  (d) We may void your certificate if you do not keep the records we require or do not give us information when we ask for it.

  (e) We may void your certificate if we find that you intentionally submitted false or incomplete information.

  (f) If we deny your application or suspend, revoke, or void your certificate, you may ask for a hearing (see 1048.820).

[70 FR 40474, July 13, 2005]