[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.32]

[Page 143]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66 - ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents
 
      Subpart D - Exemption Requests; Revocation of Exemptions
 
Sec. 66.32  De Minimis exemptions.

    (a) The Administrator may, upon notice and opportunity for public 
hearing, exempt the owner or operator of any source from a penalty where 
he finds that a particular instance of noncompliance was de minimis in 
nature and duration.
    (b) A petition for an exemption on the ground that the violation 
described in a notice of noncompliance was de minimis in nature and 
duration may only raise issues related to entitlement to an exemption 
and shall contain or be accompanied by supporting documentation. Issues 
relating to entitlement to a de minimis exemption not raised in the 
petition shall be deemed waived.
    (c) In ruling upon such a petition, the Administrator shall 
consider:
    (1) The magnitude of the excess emissions and whether the source's 
noncompliance is recurring or persistent;
    (2) The steps the source owner or operator is taking to eliminate 
the cause of the excess emissions and to minimize such emissions;
    (3) Whether any significant economic savings are likely to accrue to 
the owner or operator of the source as a result of the noncompliance;
    (4) The character of the emissions, and their impact on ambient air 
quality; and
    (5) The duration of the violation.
    (d) A hearing on a petition for a de minimis exemption shall be 
informal. The hearing shall be scheduled upon notice to the public. 
Reasonable opportunity to testify and for submission of questions by the 
public to the petitioner shall be afforded. The decision of the hearing 
officer will be made in writing within a reasonable period of time after 
the close of the hearing.