[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.255]

[Page 620]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES
--Table of Contents
 
                  Subpart C_Certifying Engine Families
 
Sec. 1051.255  When may EPA deny, revoke, or void my certificate of 
conformity?

    (a) We may deny your application for certification if your engine 
family fails to comply with emission standards or other requirements of 
the regulation or the Act. Our decision may be based on any information 
available to us showing you do not meet emission standards or other 
requirements, including any testing that we conduct under paragraph (g) 
of this section. If we deny your application, we will explain why in 
writing.
    (b) In addition, we may deny your application 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 (d) 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 Sec. 1068.20 of this chapter).
    (5) Produce vehicle or engines for importation into the United 
States at a location where local law prohibits us from carrying out 
authorized activities.
    (c) 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.
    (d) We may void your certificate if we find that you intentionally 
submitted false or incomplete information.
    (e) We may void your certificate for any family certified to an FEL 
above the allowable average if you fail to show in your end-of-year 
report that your average emission levels are below the applicable 
standards in subpart B of this part, or that you have sufficient credits 
to offset a credit deficit for the model year.
    (f) If we deny your application or revoke or void your certificate, 
you may ask for a hearing (see Sec. 1051.820). Any such hearing will be 
limited to substantial and factual issues.
    (g) We may conduct confirmatory testing of your vehicles as part of 
certification. We may deny your application for certification or revoke 
your certificate if your vehicles fail to comply with emission standards 
or other requirements during confirmatory testing.