[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR790.90]



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                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 790_PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES

--Table of Contents

 

                  Subpart E_Exemptions From Test Rules

 

Sec.  790.90  Appeal of denial of exemption application.



    (a) Within 30 days after receipt of notification that EPA has denied 

an application for exemption, the applicant may file an appeal with EPA.

    (b) The appeal shall indicate the basis for the applicant's request 

for reconsideration.

    (c)(1) The applicant may also include a request for a hearing. 

Hearings will be held according to the procedures described in Sec.  

790.97.

    (2) Hearing requests must be in writing and must be received by EPA 

within 30 days of receipt of the letter or publication of the Federal 

Register notice described in Sec.  790.88(b). Hearing requests must 

provide reasons why a hearing is necessary.

    (d) If EPA determines that there are material issues of fact, then 

the request for a hearing will be granted. If EPA denies a hearing 

request, EPA will base its decision on the written submission.

    (e) EPA will notify the applicant of its decision within 60 days 

after EPA receives the appeal described in paragraph (a) of this section 

or within 60 days after completion of a hearing described in paragraph 

(c) of this section.

    (f) The filing of an appeal from the denial of an exemption shall 

not act to stay the applicant's legal obligations under a test rule 

promulgated under section 4 of the Act.



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