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40 CFR § 1039.2 - Who is responsible for compliance?

---
identifier: "/us/cfr/t40/s1039.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1039.2 - Who is responsible for compliance?"
title_number: 40
title_name: "Protection of Environment"
section_number: "1039.2"
section_name: "Who is responsible for compliance?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1039"
part_name: "CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD COMPRESSION-IGNITION ENGINES"
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: "69 FR 39213, June 29, 2004, unless otherwise noted."
cfr_part: "1039"
---

# 1039.2 Who is responsible for compliance?

The regulations in this part 1039 contain provisions that affect both manufacturers and others. However, the requirements of this part are generally addressed to the manufacturer. The term “you” generally means the manufacturer, as defined in § 1039.801, especially for issues related to certification. Note that for engines that become new after being placed into service (such as engines converted from highway or stationary use), the requirements that normally apply for manufacturers of freshly manufactured engines apply to the importer or any other entity we allow to obtain a certificate of conformity.

[81 FR 74133, Oct. 25, 2016]