---
kind: "section"
citation: "40 C.F.R. § 59.663"
title: "40"
number: "59.663"
heading: "What are the provisions for extending compliance deadlines for manufacturers under hardship?"
url: "https://uscodex.org/cfr/40/59.663"
---

# §59.663. What are the provisions for extending compliance deadlines for manufacturers under hardship?

- (a) After considering the circumstances, we may extend the compliance deadline for you to meet new emission standards, as long as you meet all the conditions and requirements in this section.
- (b) To apply for an extension, you must send the Designated Compliance Officer a written request. In your request, show that all the following conditions and requirements apply:
  - (1) **You have taken all possible business, technical, and economic steps to comply.**
  - (2) Show that the burden of compliance costs prevents you from meeting the requirements of this subpart by the required compliance date.
  - (3) Not having the exemption will jeopardize the solvency of your company.
  - (4) No other allowances are available under the regulations in this subpart to avoid the impending violation.
- (c) In describing the steps you have taken to comply under [paragraph (b)(1)](#b-1) of this section, include at least the following information:
  - (1) **Describe your business plan, showing the range of projects active or under consideration.**
  - (2) Describe your current and projected financial standing, with and without the burden of complying in full with the applicable regulations in this subpart by the required compliance date.
  - (3) **Describe your efforts to raise capital to comply with regulations in this subpart.**
  - (4) Identify the engineering and technical steps you have taken or plan to take to comply with regulations in this subpart.
  - (5) **Identify the level of compliance you can achieve.** For example, you may be able to produce containers that meet a somewhat less stringent emission standard than the regulations in this subpart require.
- (d) Include in your request a plan showing how you will meet all the applicable requirements as quickly as possible.
- (e) You must give us other relevant information if we ask for it.
- (f) An authorized representative of your company must sign the request and include the statement: “All the information in this request is true and accurate, to the best of my knowledge.”.
- (g) **Send your request for this extension at least nine months before the relevant deadline.**
- (h) We may include reasonable requirements on an approval granted under this section, including provisions to recover or otherwise address the lost environmental benefit. For example, we may require that you meet a less stringent emission standard.
- (i) We may approve renewable extensions of up to one year. We may review and revise an extension as reasonable under the circumstances.
- (j) Add a permanent, legible label, written in English, to a readily visible part of each container exempted under this section. This label must prominently include at least the following items:
  - (1) **Your corporate name and trademark.**
  - (2) The statement “EXEMPT UNDER 40 CFR 59.663.”.

## Notes

### Source

Source: 72 FR 8533, Feb. 26, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7414 and 7511b(e).

### Source

Source: 64 FR 48815, Sept. 11, 1998, unless otherwise noted.