['Air Programs']
['Mobile Emission Sources']
08/11/2023
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(a) Liability for violations of prohibited acts.(1) Any person who violates a prohibition under §80.1460(a) through (d) or (g) through (k) is liable for the violation of that prohibition.
(2) Any person who causes another person to violate a prohibition under §80.1460(a) through (d) or (g) through (k) is liable for a violation of §80.1460(e).
(b) Liability for failure to meet other provisions of this subpart.(1) Any person who fails to meet a requirement of any provision of this subpart is liable for a violation of that provision.
(2) Any person who causes another person to fail to meet a requirement of any provision of this subpart is liable for causing a violation of that provision.
(c) Parent corporation liability. Any parent corporation is liable for any violation of this subpart that is committed by any of its subsidiaries.
(d) Joint venture liability. Each partner to a joint venture is jointly and severally liable for any violation of this subpart that is committed by the joint venture operation.
(e) Biointermediate liability. When a biointermediate contained in any storage tank at any facility owned, leased, operated, controlled, or supervised by any biointermediate producer, biointermediate importer, renewable fuel producer, or foreign ethanol producer is found in violation of a prohibition described in §80.1460(k)(1) and (3), the following persons shall be deemed in violation:
(1) Each biointermediate producer, biointermediate importer, renewable fuel producer, renewable fuel importer, or foreign ethanol producer who owns, leases, operates, controls, or supervises the facility where the violation is found.
(2) Each biointermediate producer, biointermediate importer, renewable fuel producer, renewable fuel importer, or foreign ethanol producer who manufactured, imported, sold, offered for sale, dispensed, offered for supply, stored, transported, or caused the transportation of any biointermediate that is in the storage tank containing the biointermediate found to be in violation.
(3) Each carrier who dispensed, supplied, stored, or transported any biointermediate that was in the storage tank containing the biointermediate found to be in violation, provided that EPA demonstrates, by reasonably specific showings using direct or circumstantial evidence, that the carrier caused the violation.
(f) Third-party liability. Any party allowed under this subpart to conduct sampling and testing on behalf of a regulated party and does so to demonstrate compliance with the requirements of this subpart must meet those requirements in the same way that the regulated party must meet those requirements. The regulated party and the third party are both liable for any violations arising from the third party's failure to meet the requirements of this subpart.
[75 FR 14863, Mar. 26, 2010, as amended at 79 FR 42119, July 18, 2014; 85 FR 7080, Feb. 6, 2020; 87 FR 39671, July 1, 2022; 88 FR 44591, July 12, 2023]
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