part_subject: "CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES"
subpart_code: "H"
subpart_subject: "Averaging, Banking, and Trading for Certification"
section_number: "1051.745"
section_subject: "What can happen if I do not comply with the provisions of this subpart?"
cfr_reference: "40 CFR 1051.745"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 1000 to 1059"
revised_date: "Revised as of July 1, 2017"
publication_date: "As of July 1, 2017"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
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(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 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 § 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 § 1051.820).