['Air Programs']
['Air Emissions']
10/12/2023
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(a) Criteria for deactivation. EPA may deactivate the registration of any party, or any of a party's facilities, required to register under this part, using the process specified in paragraph (b) of this section, if any of the following criteria are met:
(1) The party has not accessed their account or engaged in any registration or reporting activity within the most recent 24 months.
(2) The party has failed to comply with the registration requirements of this subpart.
(3) The party has failed to submit any required notification or report within 30 days of the required submission date.
(4) Any required attest engagement has not been received within 30 days of the required submission date.
(5) The party fails to pay a penalty or to perform any requirement under the terms of a court order, administrative order, consent decree, or administrative settlement between the party and EPA.
(6) The party submits false or incomplete information.
(7) The party denies EPA access or prevents EPA from completing authorized activities under section 114 or 208 of the Clean Air Act (42 U.S.C. 7414 or 7542) despite presenting a warrant or court order. This includes a failure to provide reasonable assistance.
(8) The party fails to keep or provide the records required under subpart M of this part.
(9) The party otherwise circumvents the intent of the Clean Air Act or of this part.
(b) Process for deactivation. Except as specified in paragraph (c) of this section, EPA will use the following process whenever it decides to deactivate the registration of a party:
(1) EPA will provide written notification to the RCO identifying the reasons or deficiencies for which EPA intends to deactivate the party's registration. The party will have 30 calendar days from the date of the notification to correct the deficiencies identified or explain why there is no need for corrective action.
(2) If the basis for EPA's notice of intent to deactivate registration is the absence of activity under paragraph (a)(1) of this section, a stated intent to engage in activity will be sufficient to avoid deactivation of registration.
(3) If the party does not correct identified deficiencies under paragraphs (a)(2) through (9) of this section, EPA may deactivate the party's registration without further notice to the party.
(c) Immediate deactivation. In instances in which public health, public interest, or safety requires, EPA may deactivate the registration of the party without any notice to the party. EPA will provide written notification to the RCO identifying the reason(s) EPA deactivated the registration of the party.
(d) Effect of deactivation. A party whose registration is deactivated:
(1) Will still be liable for violation of any requirement under this part.
(2) Will not be listed on any public list of actively registered companies that is maintained by EPA.
(3) Will not have access to any of the electronic reporting systems associated with this part.
(4) Will still be required to meet any applicable requirements under this part (e.g., the recordkeeping provisions under subpart M of this part).
(e) Re-registration. If a party whose registration has been deactivated wishes to re-register, they must do all the following:
(1) Notify EPA of their intent to re-register.
(2) Provide any required information and correct any identified deficiencies.
(3) Refrain from initiating a new registration unless directed to do so by EPA.
(4) Remedy the circumstances that caused the party to be deactivated in the first place.
(5) Submit updated information as needed.
[85 FR 78469, Dec. 4, 2020]
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