[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: 40CFR66.35]

[Page 144-145]
 
                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. 66.35  Revocation of exemptions.

    (a) The Administrator may upon notice and opportunity for a hearing 
revoke an exemption granted to the owner or operator of any source at 
any time in accordance with paragraphs (b) and (c) below.
    (b) An exemption may be revoked and a penalty for the period of non-
exempted noncompliance assessed if:
    (1) The grounds for the exemption no longer exist or never did 
exist, or
    (2) In the case of an exemption under Sec. 66.31, the 
source owner or operator has failed to comply with any interim emission 
control requirements or schedules of compliance (including increments of 
progress) contained in the extension, order, suspension or EPA-approved 
consent decree on which the exemption was based.
    (c) The Administrator shall provide the source owner or operator 
written notice containing the information required by Sec. 
66.12 and a statement of the reasons for revocation. The notice shall 
also specify the date from which the source owner or operator must 
calculate a penalty. The notice shall be

[[Page 145]]

transmitted as required by Sec. 66.12. The source owner or 
operator shall respond to this notice within 45 days of its receipt and 
in the form provided in Sec. 66.13.