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40 CFR § 1045.320 - What happens if one of my production-line engines fails to meet emission standards?

---
identifier: "/us/cfr/t40/s1045.320"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1045.320 - What happens if one of my production-line engines fails to meet emission standards?"
title_number: 40
title_name: "Protection of Environment"
section_number: "1045.320"
section_name: "What happens if one of my production-line engines fails to meet emission standards?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1045"
part_name: "CONTROL OF EMISSIONS FROM SPARK-IGNITION PROPULSION MARINE ENGINES AND VESSELS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "73 FR 59194, Oct. 8, 2008, unless otherwise noted."
cfr_part: "1045"
---

# 1045.320 What happens if one of my production-line engines fails to meet emission standards?

(a) If you have a production-line engine with final deteriorated test results exceeding one or more emission standards (see § 1045.315(a)), the certificate of conformity is automatically suspended for that failing engine. You must take the following actions before your certificate of conformity can cover that engine:

(1) Correct the problem and retest the engine to show it complies with all emission standards.

(2) Include the test results and describe the remedy for each engine in the written report required under § 1045.345.

(b) You may request to amend the application for certification to raise the FEL of the entire engine family at this point (see § 1045.225).

[73 FR 59194, Oct. 8, 2008, as amended at 73 FR 73789, Dec. 4, 2008]