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Hardship Exemptions
Certain EPA emissions and fuel regulations provide for regulatory relief in specified circumstances when a regulated party can demonstrate that compliance would impose severe hardship. This web page provides information about the types of hardship exemptions that are available and about the process for requesting an exemption.
For further information about hardship exemptions, please contact: complianceinfo@epa.gov
Exemption Request Procedures
How to Submit a Hardship Exemption Request
- Submission Instructions
- Please include the following information in your submission:
- Manufacturer name
- Address
- Contact information
- Relief being requested and applicable exemption regulation(s)
- Additional content to support your request
- You must submit two (2) hard copies of your request via overnight mail
- Send requests for exemption under CFR 1039.630, CFR 1039.635, CFR 1068.245, CFR 1068.250, and CFR 1068.255 to:
U.S. EPA
Designated Compliance Officer
1310 L. Street, NW
6th Floor – Room 605 B
Washington, DC 20005-4113
Telephone: 202-343-9403 -
Send request for exemption under CFR 80.1441(a)(2) to:
For US mail:
U.S. EPA
Attn: RFS Program 6406J
1200 Pennsylvania Ave, NW
Washington, DC 20460
For overnight or courier services:
U.S. EPA
Attn: RFS Program 6406J
1310 L. Street, NW
6th Floor
Washington, DC 20005-4113
Telephone: 202-343-9038
-
Send request for exemption under CFR 80.1335 to:
U.S. EPA
Attn: Fuels Program
1310 L. Street, NW
6th Floor
Washington, DC 20005-4113
Telephone: 202-343-9038
- Send requests for exemption under CFR 1039.630, CFR 1039.635, CFR 1068.245, CFR 1068.250, and CFR 1068.255 to:
- Please also submit your basic request via email to complianceinfo@epa.gov. Note that confidential business information (CBI) may not be submitted via email.
- Please include the following information in your submission:
- Additional submission content
- The regulations describe the conditions that must exist for EPA to grant relief. Regulated parties may use this web page to aid in understanding the hardship exemptions. However, the information posted here does not in any way alter the requirements of the regulations and does not establish or change legal rights or obligations. Please refer to the applicable regulations under which you are requesting an exemption for specific information about application requirements.
- You must submit full documentation to support any claim of hardship.
- Necessary documentation will typically include, but is not necessarily limited to company business plans, financial statements, tax filings, communications with potential suppliers or lenders, and other records that demonstrate you are unable to avoid violation and that your company will be in jeopardy without the exemption.
- EPA hardship request review process
- EPA will begin review only after receiving a formal request for exemption that has been properly submitted according to the above instructions.
- Requestors will normally receive written acknowledgement within a week of EPA’s receipt of the formal request.
- EPA will post all exemption requests to this website and will accept public comment for 10 working days following the posting.
- During the review period, EPA will assess the facts of the situation and determine whether the facts are consistent with regulatory requirements for exemption.
- EPA will generally try to reach a decision on hardship exemption requests within 30 days of receiving complete supporting information from the requesting entity.
Guidance Documents
- Processing of Hardship Exemptions Requests (PDF) (1 pp, 20K, CISD-11-08, July 5, 2011)
Pending Exemption Requests
EPA will generally try to reach a decision on hardship exemption requests within 30 days of receiving complete supporting information from the requesting entity. As part of the review process, EPA may consider comment from interested parties who have information that may be useful to the Agency in determining whether the exemption request may be granted.
You may submit your comments to the Designated Compliance Officer listed in the table below. Comments containing Confidential Business Information (CBI) must be submitted in hard copy following the submission instructions for hardship exemption requests. EPA will accept comment for 10 working days following posting of a new hardship exemption request on this website. Please note that EPA does not intend to respond to comments.
| Company | Posting Date | Exemption Type | Regulation | Deadline for Comments | EPA Designated Compliance Officer |
|---|---|---|---|---|---|
| Continental Refining | 7/16/2012 | Economic Hardship | 40 CFR 80.1441(e)(2) | 7/27/2012 | Chris McKenna, mckenna.chris@epa.gov |
| NLB Corp. | 5/9/2012 | Economic Hardship for Equipment Manufacturers | 40 CFR 1039.630 & 1068.255 | 5/23/2012 | Nydia Yanira Reyes reyes-morales.nydia@epa.gov |
| The Toro Company | 4/2/2012 | Economic Hardship for Equipment Manufacturers | 40 CFR 1039.630 & 1068.255 | 4/16/2012 | Nydia Yanira Reyes reyes-morales.nydia@epa.gov |
| AGE Refining | 12/22/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 1/6/2012 | Chris McKenna, mckenna.chris@epa.gov |
| Goodway Refining | 12/22/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 1/6/2012 | Chris McKenna, mckenna.chris@epa.gov |
| Federal Signal Corporation | 12/12/2011 | Economic Hardship for Equipment Manufacturers | 1039.630 | 12/23/2011 | Nydia Yanira Reyes reyes-morales.nydia@epa.gov |
| Coffeyville Resources | 10/5/2011 | Economic Hardship | 40 CFR 80.1441(h)(1) | 10/19/2011 | Chris McKenna, mckenna.chris@epa.gov |
| Alon Refining Krotz Springs, Inc. | 9/27/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 10/11/2011 | Chris McKenna, mckenna.chris@epa.gov |
| Hunt Refining Co. | 9/27/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 10/11/2011 | Chris McKenna, mckenna.chris@epa.gov |
| Big West Oil LLC | 8/30/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 9/14/2011 | Chris McKenna, mckenna.chris@epa.gov |
| Weber Motor GmbH | 8/30/2011 | Small Business Hardship | 40 CFR 1068.250 | 9/14/2011 | Holly Pugliese, pugliese.holly@epa.gov |
| Garco Energy LLC | 8/12/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 8/26/2011 | Chris McKenna, mckenna.chris@epa.gov |
| Sinclair Casper Refining Co. | 8/8/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 8/19/2011 | Chris McKenna, mckenna.chris@epa.gov |
| Sinclair Wyoming Refining Co. | 8/8/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 8/19/2011 | Chris McKenna, mckenna.chris@epa.gov |
| Lion Oil Co. | 7/22/2011 | Economic Hardship | 40 CFR 80.1441(e)(2) | 8/5/2011 | Chris McKenna, mckenna.chris@epa.gov |
Types of Exemptions
- Exemptions Available to Engine and/or Equipment Manufacturers
- Exemptions Available for Fuels Programs
Exemptions Available to Engine and/or Equipment Manufacturers
Hardship due to Unusual Circumstances CFR 1068.245
- Applies to nonroad engines
- Available to any manufacturer
- Available relief:
- Not specified in regulations
- EPA may establish conditions on exemption including provisions to recover lost environmental benefit, fees to offset a resulting economic windfall, and/or requirements to meet an intermediate standard
Small Business Hardship CFR 1068.250
- Applies to nonroad engines
- Available to small businesses
- Available relief:
- EPA may approve extension of compliance deadlines up to one year at a time or three years total
- EPA may establish conditions on exemption including provisions to recover lost environmental benefit by purchasing credits or meeting a less stringent standard
Hardship for Equipment Manufacturers and Secondary Engine Manufacturers CFR 1068.255
- Applies to engines used in nonroad equipment and fuel system components; does not apply to products that are subject to equipment-based emission standards
- Available to equipment and secondary engine manufacturers
- Not available to manufacturers who produce engines for their own equipment or if compliant engines are available from other manufacturers
- Available relief:
- EPA may approve production of exempted equipment/engines for up to 12 months, generally within first year that new/revised standards apply
- EPA may impose additional conditions
Economic Hardship for Equipment Manufacturers CFR 1039.630
- Imposes additional condition on manufacturers who qualify under 1068.255
- Available relief:
- May produce equipment for up to 12 months (24 for small volume manufacturers)
Economic Hardship for Engine Manufacturers CFR 1039.635
- Applies to nonroad CI engines
- Allows additional compliance time for manufacturers who qualify under 1068.245
- Available relief:
- EPA may approve delayed compliance period up to one model year (two years for small volume mfrs who qualify under 1068.250)
Exemptions Available for Fuels Programs
RFS Small Refinery Exemption Extensions CFR 80.1441(a)(2)
- Applies/available to small refiners
- Refiner may apply for or waive exemption at any time
- Available relief:
- Extended relief under the RFS2 program for a period of not less than two additional years
MSAT 2 Benzene Relief CFR 80.1335
- Available to all refiners, extra time available for small refiners
- Available relief:
- For .62% volume standard, extended deficit carry-forward for an extra year (from January 1, 2011) for all refiners and up to four years for small refiners
- For 1.3% maximum standard, EPA can waive for period of time (after July 1, 2012) deemed appropriate by EPA