[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.745]

[Page 665-666]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES
AND VEHICLES--Table of Contents
 
       Subpart H_Averaging, Banking, and Trading for Certification
 
Sec.  1051.745  What can happen if I do not comply with the provisions of this subpart?

    (a) For each engine family participating in the ABT program, the 
certificate of conformity is conditional upon full compliance with the 
provisions of this subpart during and after the model

[[Page 666]]

year. You are responsible to establish to our satisfaction that you 
fully comply with applicable requirements. We may void the certificate 
of conformity for an engine family if you fail to comply with any 
provisions of this subpart.
    (b) You may certify your engine family to an FEL above an applicable 
standard based on a projection that you will have enough emission 
credits to avoid a negative credit balance for each averaging set for 
the applicable model year. However, except as allowed in Sec.  
1051.145(h), we may void the certificate of conformity if you cannot 
show in your final report that you have enough actual emission credits 
to offset a deficit for any pollutant in an engine family.
    (c) We may void the certificate of conformity for an engine family 
if you fail to keep records, send reports, or give us information we 
request.
    (d) You may ask for a hearing if we void your certificate under this 
section (see Sec.  1051.820).

[70 FR 40507, July 13, 2005]