§ 1039.255 - What decisions may EPA make regarding a certificate of conformity?

§ 1039.255 What decisions may EPA make regarding my a certificate of conformity?

Cross Reference

Link to an amendment published at 86 FR 34505, June 29, 2021.

(a) If we determine your an 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 the engine family for that model year. We may make the approval subject to additional conditions.

(b) We may deny your an application for certification if we determine that your an engine family fails to comply with emission standards or other requirements of this part or the Clean Air Act. We will base our decision on all available information. If we deny your an application, we will explain why in writing.

(c) In addition, we may deny your application or suspend or revoke your a certificate of conformity if you do any of the following:

(1) Refuse to comply with any testing or reporting requirements in this part.

(2) Submit false or incomplete information (paragraph (e) of this section applies if this is fraudulent). This includes doing anything after submission of your application to render any of the submitting an application that causes submitted information to be false or incomplete.

(3) Render inaccurate Cause any test data to become inaccurate.

(4) Deny us from completing authorized activities (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.

(6) Fail to supply requested information or amend your an 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 the a certificate of conformity for an engine family if you fail to keep records, send reports, or give us information as required under this part or the Act. Note that these are also violations of 40 CFR 1068.101(a)(2).

(e) We may void your a certificate of conformity if we find that you intentionally submitted false or incomplete information. This includes rendering doing anything after submitting an application that causes submitted information to be false or incomplete after submission.

(f) If we deny your an application or suspend, revoke, or void your a certificate, you may ask for a hearing (see § 1039.820).

[69 86 FR 3921334505, June 29, 2004, as amended at 72 FR 53132, Sept. 18, 2007; 75 FR 22991, Apr. 30, 2010; 81 FR 74137, Oct. 25, 20162021]