C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Subpart A—General Provisions

40 C.F.R. § 61.11

Waiver of compliance

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Based on the information provided in any request under § 61.10, or other information, the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years after the effective date of the standard.

(b) The waiver will be in writing and will—

(1) Identify the stationary source covered;

(2) Specify the termination date of the waiver;

(3) Specify dates by which steps toward compliance are to be taken; and

(4) Specify any additional conditions which the Administrator determines necessary to assure installation of the necessary controls within the waiver period and to assure protection of the health of persons during the waiver period.

(c) The Administrator may terminate the waiver at an earlier date than specified if any specification under paragraphs (b)(3) and (b)(4) of this section are not met.

(d) Before denying any request for a waiver, the Administrator will notify the owner or operator making the request of the Administrator's intention to issue the denial, together with—

(1) Notice of the information and findings on which the intended denial is based; and

(2) Notice of opportunity for the owner or operator to present, within the time limit the Administrator specifies, additional information or arguments to the Administrator before final action on the request.

(e) A final determination to deny any request for a waiver will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 60 days after presentation of additional information or argument; or within 60 days after the final date specified for the presentation if no presentation is made.

(f) The granting of a waiver under this section shall not abrogate the Administrator's authority under section 114 of the Act.

[50 FR 46292, Nov. 7, 1985]
Notes of Decisions
Cited in 3 cases, 1996–1997 · leading case: United States v. Hoechst Celanese Corp., 128 F.3d 216 (4th Cir. 1997).
Sort: Relevance Newest Treatment
United States v. Hoechst Celanese Corp., 128 F.3d 216 (4th Cir. 1997). “EPA might — or might not — have granted the HCC Celriver plant a waiver if the plant had not met NESHAP’s standards within ninety days, but HCC had no right to expect one.”
United States v. Hoechst Celanese Corp., 964 F. Supp. 967 (D.S.C. 1996). “See 40 C.F.R. § 61.11 . In summary, had the benzene exemption provided fair notice that the Celriver Plant was not exempt when the rule was first promulgated, the Company would have been able to apply for and likely obtain a waiver for Celriver — as it did for its Pampa Plant—…”
United States v. Hoechst Celanese, No. 96-2003 (4th Cir. Dec. 4, 1997). “EPA might -- or might not -- have granted the HCC Celriver plant a waiver if the plant had not met NESHAP's standards within ninety days, but HCC had no right to expect one.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.