[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1048.255]



[Page 569-570]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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

ENGINES--Table of Contents

 

                  Subpart C_Certifying Engine Families

 

Sec.  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.



[[Page 570]]



    (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 Sec.  1048.820).



[70 FR 40474, July 13, 2005]