This section specifies actions that are prohibited and the maximum civil penalties that we can assess for each violation in accordance with 42 U.S.C. 7522 and 7524 . The maximum penalty values listed in paragraphs (a) and (b) of this section and in § 1068.125 apply as of August 1, 2016. As described in paragraph (h) of this section, these maximum penalty limits are different for earlier violations and they may be adjusted as set forth in 40 CFR part 19.
Table 1 of § 1068.101 -Legal Citation for Specific Prohibitions for Determining Maximum Penalty Amounts
Part 1068 regulatory citation of prohibited action | General description of prohibition | U.S. Code citation for Clean Air Act authority |
§ 1068.101(a)(1) | Introduction into U.S. commerce of an uncertified source | 42 U.S.C. 7522(a)(1) and (a)(4) . |
§ 1068.101(a)(2) | Failure to provide information | 42 U.S.C. 7522(a)(2) . |
§ 1068.101(a)(3) | Denying access to facilities | 42 U.S.C. 7522(a)(2) . |
§ 1068.101(b)(1) | Tampering with emission controls by a manufacturer or dealer | 42 U.S.C. 7522(a)(3) . |
Tampering with emission controls by someone other than a manufacturer or dealer | ||
§ 1068.101(b)(2) | Sale or use of a defeat device | 42 U.S.C. 7522(a)(3) . |
§ 1068.101(b)(3) | Mobile use of a stationary engine | 42 U.S.C. 7522(a)(1) and (a)(4) . |
§ 1068.101(b)(4) | Noncompetitive use of uncertified engines/equipment that is exempted for competition | 42 U.S.C. 7522(a)(1) and (a)(4) . |
§ 1068.101(b)(5) | Importation of an uncertified source | 42 U.S.C. 7522(a)(1) and (a)(4) . |
§ 1068.101(b)(6) | Recall and warranty | 42 U.S.C. 7522(a)(4) . |
§ 1068.101(b)(7) | Removing labels | 42 U.S.C. 7522(a)(3) . |
40 C.F.R. §1068.101