[Code of Federal Regulations]

[Title 40, Volume 20]

[Revised as of July 1, 2006]

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

[CITE: 40CFR89.126]



[Page 65]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 89_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

        Subpart B_Emission Standards and Certification Provisions

 

Sec.  89.126  Denial, revocation of certificate of conformity.



    (a) If, after review of the manufacturer's application, request for 

certification, information obtained from any inspection, and any other 

information the Administrator may require, the Administrator determines 

that one or more test engines do not meet applicable standards (or 

family emission limits, as appropriate), then the Administrator will 

notify the manufacturer in writing, setting forth the basis for this 

determination.

    (b) Notwithstanding the fact that engines described in the 

application may comply with all other requirements of this subpart, the 

Administrator may deny the issuance of, suspend, or revoke a previously 

issued certificate of conformity if the Administrator finds any one of 

the following infractions to be substantial:

    (1) The manufacturer submits false or incomplete information;

    (2) The manufacturer denies an EPA enforcement officer or EPA 

authorized representative the opportunity to conduct authorized 

inspections;

    (3) The manufacturer fails to supply requested information or amend 

its application to include all engines being produced;

    (4) The manufacturer renders inaccurate any test data which it 

submits or otherwise circumvents the intent of the Act or this part;

    (5) The manufacturer denies an EPA enforcement officer or EPA 

authorized representative reasonable assistance (as defined in Sec.  

89.129(e)).

    (c) If a manufacturer knowingly commits an infraction specified in 

paragraph (b)(1) or (b)(4) of this section, knowingly commits any other 

fraudulent act which results in the issuance of a certificate of 

conformity, or fails to comply with the conditions specified in Sec.  

89.203(d), Sec.  89.206(c), Sec.  89.209(c) or Sec.  89.210(g), the 

Administrator may deem such certificate void ab initio.

    (d) When the Administrator denies, suspends, revokes, or voids ab 

initio a certificate of conformity the manufacturer will be provided a 

written determination. The manufacturer may request a hearing under 

Sec.  89.127 on the Administrator's decision.

    (e) Any suspension or revocation of a certificate of conformity 

shall extend no further than to forbid the introduction into commerce of 

engines previously covered by the certification which are still in the 

hands of the manufacturer, except in cases of such fraud or other 

misconduct that makes the certification invalid ab initio.



[59 FR 31335, June 17, 1994. Redesignated and amended at 63 FR 56995, 

57005, Oct. 23, 1998]



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