[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: 40CFR59.603]

[Page 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. 59.603  How must manufacturers apply good engineering judgment?

    (a) In addition to other requirements and prohibitions set forth in 
this subpart, you must use good engineering judgment for decisions 
related to any requirements under this subpart. This includes your 
applications for certification, any testing you do to show that your 
portable fuel containers comply with requirements that apply to them, 
and how you select, categorize, determine, and apply these requirements.
    (b) Upon request, you must provide EPA a written description of the 
engineering judgment in question. Such information must be provided 
within 15 working days unless EPA specifies a different period of time 
to respond.
    (c) We may reject your decision if it is not based on good 
engineering judgment or is otherwise inconsistent with the requirements 
that apply, and we may--
    (1) Suspend, revoke, or void a certificate of conformity if we 
determine you used incorrect or incomplete information or failed to 
consider relevant information, or that your decision was not based on 
good engineering judgment; or
    (2) Notify you that we believe any aspect of your application or 
other information submission may be incorrect or invalid due to lack of 
good engineering judgment or other cause. Unless a different period is 
specified, you will have 30 days to respond to our notice and 
specifically address our concerns. After considering your information, 
we will notify you regarding our finding, which may include the actions 
provided in paragraph (c)(1) of this section.
    (d) If you disagree with our conclusions under paragraph (c) of this 
section, you may file a request for a hearing with the Designated 
Compliance Officer as described in Sec. 59.699. In your request, you 
must specifically state your objections, and include relevant data or 
supporting analysis. The request must be signed by your authorized 
representative. If we agree that your request raises a substantial 
factual issue, we will hold the hearing according to Sec. 59.699.