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Transportation and Air Quality

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
    1. 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

    2. You must submit two (2) hard copies of your request

      • Send requests for exemption under 40 CFR §§ 1039.625(m), 1039.630, 1039.635, 1068.245, 1068.250, and 1068.255 to:
        For US mail:
        U.S. EPA
        Attn: Diesel Engine Compliance Center
        1200 Pennsylvania Ave, NW
        Mailcode 6405A
        Washington, DC 20460

        For overnight or courier services:
        U.S. EPA
        Attn: Diesel Engine Compliance Center
        1200 Pennsylvania Avenue, NW
        Room 5512D, WJC Building North
        Washington, DC 20460
        Telephone: 202-343-9354
      • Send request for exemption under CFR 86.445-2006 to:
        U.S. EPA
        Attn: Designated Compliance Officer
        Office of Transportation and Air Quality
        Certification Division
        2000 Traverwood Drive
        Ann Arbor, MI 48105
        Telephone: 734-214-4343
      • 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

  • 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.

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Guidance Documents

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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.

Active Requests

Company Posting Date Exemption Type Regulation Deadline for Comments EPA Compliance Officer
Morooka Co., LTD. 10/2/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 10/17/2014 Melvis Strickland strickland.melvis@epa.gov
Thompson Pump and Manufacturing Co., Inc 10/1/2014 Technical Hardship 40 CFR 1039.625(m) 10/16/2014 Jason Gumbs gumbs.jason@epa.gov
Vermeer Corporation 8/27/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 9/11/2014 Cliff Dean dean.clifford@epa.gov
Hunt Refining 7/28/2014 Economic Hardship 40 CFR 80.1441(e)(2)  8/8/2014 Chris McKenna
mckenna.chris@epa.gov

Go Green APU

 6/30/2014

Technical / Engineering Hardship

40 CFR 1039.625(m)

 7/15/2014

Greg Orehowsky orehowsky.gregory@epa.gov

JP Carlton Company 6/30/2014

Technical / Engineering Hardship

40 CFR 1039.625(m) 7/15/2014 Jason Gumbs gumbs.jason@epa.gov

Textron

 6/30/2014

Technical / Engineering Hardship

40 CFR 1039.625(m)

 7/15/2014

Greg Orehowsky orehowsky.gregory@epa.gov

Vac-Tron Equipment

 6/30/2014

Technical / Engineering Hardship

40 CFR 1039.625(m)

 7/15/2014

Cliff Dean dean.clifford@epa.gov
Sumitomo Heavy Industries 6/9/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 6/20/14 Steven DeBord
debord.steven@epa.gov
Federal Signal 6/9/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 6/20/14 Steven DeBord
debord.steven@epa.gov
Altec Environmental Products 6/9/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 6/20/14 Jason Gumbs gumbs.jason@epa.gov
Mitsubishi Caterpillar Forklift America 6/9/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 6/20/14 Melvis Strickland
strickland.melvis@epa.gov
Alamo Group 6/9/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 6/20/14 Steven DeBord
debord.steven@epa.gov
Diamond Products 6/9/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 6/20/14 Melvis Strickland
strickland.melvis@epa.gov
Goodway Refining LLC 5/8/2014 Economic Hardship 40 CFR 80.1441(e)(2) 5/22/2014 Chris McKenna
mckenna.chris@epa.gov
Sinclair Wyoming Refining Co. 3/6/2014 Economic Hardship 40 CFR 80.1441(e)(2) 3/20/2014 Chris McKenna
mckenna.chris@epa.gov
Sinclair Casper Refining Co. 3/6/2014 Economic Hardship 40 CFR 80.1441(e)(2) 3/20/2014 Chris McKenna
mckenna.chris@epa.gov
Illinois Tool Works (Miller Electric Manufacturing Company)  2/4/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 2/18/2014 Jason Gumbs gumbs.jason@epa.gov
Lincoln Electric Company  2/4/2014 Technical / Engineering Hardship 40 CFR 1039.625(m) 2/18/2014 Jason Gumbs gumbs.jason@epa.gov
Wyoming Refining Co. 1/13/2014 Economic Hardship 40 CFR 80.1441(e)(2) 1/27/2014 Chris McKenna
mckenna.chris@epa.gov
Lion Oil Co. 1/13/2014 Economic Hardship 40 CFR 80.1441(e)(2) 1/27/2014 Chris McKenna
mckenna.chris@epa.gov
HollyFrontier Refining & Marketing, LLC  1/13/2014 Economic Hardship 40 CFR 80.1441(e)(2) 1/27/2014 Chris McKenna
mckenna.chris@epa.gov
Calumet Shreveport Fuels, LLC 1/13/2014 Economic Hardship 40 CFR 80.1441(e)(2) 1/27/2014 Chris McKenna
mckenna.chris@epa.gov
Calumet San Antonio Refining, LLC 1/13/2014 Economic Hardship 40 CFR 80.1441(e)(2) 1/27/2014 Chris McKenna
mckenna.chris@epa.gov
Antelope Refining, LLC 1/13/2014 Economic Hardship 40 CFR 80.1441(e)(2) 1/27/2014 Chris McKenna
mckenna.chris@epa.gov
Wynnewood Refining Co., LLC 1/13/2014 Economic Hardship 40 CFR 80.1441(e)(2) 1/27/2014 Chris McKenna
mckenna.chris@epa.gov

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Types of Exemptions

Exemptions Available to Highway Motorcycle Manufacturers

Hardship due to Unusual Circumstances

  • Applies to Highway Motorcycles
  • Available to any manufacturer
  • Available relief
    • Introduce motorcycles that do not comply with applicable regulations
    • EPA may impose reasonable additional conditions

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)

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

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