[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR59.106]

[Page 296-297]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER 
AND COMMERCIAL PRODUCTS--Table of Contents
 
  Subpart B_National Volatile Organic Compound Emission Standards for 
                      Automobile Refinish Coatings
 
Sec. 59.106  Variance.

    (a) Any regulated entity that cannot comply with the requirements of 
this subpart because of circumstances beyond its reasonable control may 
apply in writing to the Administrator for a temporary variance. The 
variance application must include the information specified in 
paragraphs (a)(1) through (a)(3).
    (1) The specific grounds upon which the variance is sought.
    (2) The proposed date(s) by which the regulated entity will achieve 
compliance with the provisions of this subpart. This date must be no 
later than 5 years after the issuance of a variance.
    (3) A compliance plan detailing the method(s) by which the regulated 
entity will achieve compliance with the provisions of this subpart.
    (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 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 issue a variance if the criteria 
specified in paragraphs (c)(1) and (c)(2) are met to the satisfaction of 
the Administrator.
    (1) If complying with the provisions of this subpart would not be 
technologically or economically feasible, and
    (2) The compliance plan proposed by the applicant can reasonably be 
implemented and will achieve compliance as expeditiously as possible.
    (d) Any variance will specify dates by which the regulated entity 
will achieve increments of progress towards compliance, and will specify 
a final compliance date by which the regulated entity will achieve 
compliance with this subpart.
    (e) A variance will cease to be effective upon failure of the party 
to whom the variance was issued 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

[[Page 297]]

accordance with the provisions of paragraph (b) of this section.