[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR59.206]

[Page 301-302]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND 
 
  Subpart C_National Volatile Organic Compound Emission Standards for 
 
Sec. 59.206  Variances.

    (a) Any regulated entity who cannot comply with the requirements of 
this subpart because of extraordinary circumstances beyond reasonable 
control may apply in writing to the Administrator for a variance. The 
variance application shall include the information specified in 
paragraph (a)(1) through (a)(3) of this section.
    (1) The specific grounds up on which the variance is sought,
    (2) The proposed date(s) by which compliance with the provisions of 
this subpart will be achieved. Such date(s) shall be no later than 5 
years after the issuance of a variance; and
    (3) A compliance plan detailing the method(s) by which compliance 
will be achieved.
    (b) Upon receipt of a variance application containing the 
information required in paragraph (a) of this section, the Administrator 
will publish a notice of such application in the Federal Register and, 
if requested by any party, will hold a public hearing to determine 
whether, under what conditions, and to what extent, a variance from the 
requirements of this subpart

[[Page 302]]

is necessary and will be granted. If requested, a hearing will be held 
no later than 75 days after receipt of a variance application. Notice of 
the time and place of the hearing will be sent to the applicant by 
certified mail not less than 30 days prior to the hearing. At least 30 
days prior to the hearing, the variance application will be made 
available to the public for inspection. Information submitted to the 
Administrator by a variance applicant may be claimed as confidential. 
The Administrator may consider such confidential information in reaching 
a decision on a variance application. Interested members of the public 
will be allowed a reasonable opportunity to testify at the hearing.
    (c) The Administrator will grant a variance if the criteria 
specified in paragraphs (c)(1) and (c)(2) of this section are met.
    (1) If there are circumstances beyond the reasonable control of the 
applicant so that complying with the provisions of this subpart by the 
compliance date would not be technologically or economically feasible, 
and
    (2) The compliance plan proposed by the applicant can be implemented 
and will achieve compliance as expeditiously as possible.
    (d) Any variance order will specify a final compliance date by which 
the requirements of this subpart will be achieved and increments of 
progress necessary to assure timely compliance.
    (e) A variance shall cease to be effective upon failure of the 
regulated entity to comply with any term or condition of the variance.
    (f) Upon the application of any party, the Administrator may review, 
and for good cause, modify or revoke a variance after holding a public 
hearing in accordance with the procedures described in paragraph (b) of 
this section.