[Code of Federal Regulations] [Title 40, Volume 1] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR22.52] [Page 264] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE Subpart I_Administrative Proceedings Not Governed by Section 554 of the Administrative Procedure Act Sec. 22.52 Information exchange and discovery. Respondent's information exchange pursuant to Sec. 22.19(a) shall include information on any economic benefit resulting from any activity or failure to act which is alleged in the administrative complaint to be a violation of applicable law, including its gross revenues, delayed or avoided costs. Discovery under Sec. 22.19(e) shall not be authorized, except for discovery of information concerning respondent's economic benefit from alleged violations and information concerning respondent's ability to pay a penalty.