[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
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 
 
         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

[[Page 145]]

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 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.