[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2002] 
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.11]

[Page 33]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 61.11  Waiver of compliance.

    (a) Based on the information provided in any request under 
Sec. 61.10, or other information, the Administrator may grant a waiver 
of compliance with a standard for a period not exceeding 2 years after 
the effective date of the standard.
    (b) The waiver will be in writing and will--
    (1) Identify the stationary source covered;
    (2) Specify the termination date of the waiver;
    (3) Specify dates by which steps toward compliance are to be taken; 
and
    (4) Specify any additional conditions which the Administrator 
determines necessary to assure installation of the necessary controls 
within the waiver period and to assure protection of the health of 
persons during the waiver period.
    (c) The Administrator may terminate the waiver at an earlier date 
than specified if any specification under paragraphs (b)(3) and (b)(4) 
of this section are not met.
    (d) Before denying any request for a waiver, the Administrator will 
notify the owner or operator making the request of the Administrator's 
intention to issue the denial, together with--
    (1) Notice of the information and findings on which the intended 
denial is based; and
    (2) Notice of opportunity for the owner or operator to present, 
within the time limit the Administrator specifies, additional 
information or arguments to the Administrator before final action on the 
request.
    (e) A final determination to deny any request for a waiver will be 
in writing and will set forth the specific grounds on which the denial 
is based. The final determination will be made within 60 days after 
presentation of additional information or argument; or within 60 days 
after the final date specified for the presentation if no presentation 
is made.
    (f) The granting of a waiver under this section shall not abrogate 
the Administrator's authority under section 114 of the Act.

[50 FR 46292, Nov. 7, 1985]

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