[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR59.602]

[Page 334-335]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND 
 
Subpart F_Control of Evaporative Emissions From New and In-Use Portable 
 
Sec. 59.602  What are the general prohibitions and requirements of this 

subpart?

    (a) General prohibition for manufacturers and importers. No 
manufacturer or importer may sell, offer for sale, introduce or deliver 
for introduction into commerce in the United States, or import any new 
portable fuel container that is subject to the emissions standards of 
this subpart and is manufactured after December 31, 2008 unless it is 
covered by a valid certificate of conformity, it is labeled as required, 
and it complies with all of the applicable requirements of this subpart, 
including compliance with the emissions standards for its useful life. 
After June 30, 2009, no manufacturer or importer may sell, offer for 
sale, introduce or deliver into commerce in the United States, or import 
any new portable fuel container that was manufactured prior to January 
1, 2009 unless it meets the requirements of this subpart.
    (b) General prohibition for wholesale distributors. No wholesale 
distributor may sell, offer for sale, or distribute any portable fuel 
container in the United States that is subject to the emissions 
standards of this subpart and is manufactured after December 31, 2008 
unless it is covered by a valid certificate of conformity and is labeled 
as required. After December 31, 2009, no wholesale distributor may sell, 
offer for sale, or distribute in the United States any portable fuel 
container that was manufactured prior to January 1, 2009 unless it meets 
the requirements of this subpart. After December 31, 2009, all new 
portable fuel containers shall be deemed to be manufactured after 
December 31, 2008 unless they are in retail inventory.
    (c) Reporting and recordkeeping. (1) You must keep the records and 
submit the reports specified in Sec. 59.628. Records must be retained 
for at least 5 years from the date of manufacture or importation and 
must be supplied to EPA upon request.
    (2) No person may alter, destroy, or falsify any record or report 
required by this subpart.
    (d) Testing and access to facilities. You may not keep us from 
entering your facility to observe tests or inspect facilities if we are 
authorized to do so. Also, you must perform the tests we require (or 
have the tests done for you). Failure to perform this testing is 
prohibited.
    (e) Warranty. You may not fail to offer, provide notice of, or honor 
the emissions warranty required under this subpart.
    (f) Replacement components. No person may sell, offer for sale, 
introduce or deliver for introduction into commerce in the United 
States, import, or install

[[Page 335]]

any replacement component for portable fuel containers subject to the 
standards of this subpart where the component has the effect of 
disabling, bypassing, or rendering inoperative the emissions controls of 
the containers.
    (g) Violations. If a person violates any prohibition or requirement 
of this subpart or the Act concerning portable fuel containers, it shall 
be considered a separate violation for each portable fuel container.
    (h) Assessment of penalties and injunctions. We may assess 
administrative penalties, bring a civil action to assess and recover 
civil penalties, bring a civil action to enjoin and restrain violations, 
or bring criminal action as provided by the Clean Air Act.