40 CFR § 1033.745 - Compliance with the provisions of this subpart.

---
identifier: "/us/cfr/t40/s1033.745"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1033.745 - Compliance with the provisions of this subpart."
title_number: 40
title_name: "Protection of Environment"
section_number: "1033.745"
section_name: "Compliance with the provisions of this subpart."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1033"
part_name: "CONTROL OF EMISSIONS FROM LOCOMOTIVES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "73 FR 37197, June 30, 2008, unless otherwise noted."
cfr_part: "1033"
---


# 1033.745 Compliance with the provisions of this subpart.

The provisions of this section apply to certificate holders.

(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 emission standard based on a projection that you will have enough emission credits to offset the deficit for the engine family. However, 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 § 1033.920).