---
kind: "section"
citation: "40 C.F.R. § 790.90"
title: "40"
number: "790.90"
heading: "Appeal of denial of exemption application."
url: "https://uscodex.org/cfr/40/790.90"
---

# §790.90. Appeal of denial of exemption application.

- (a) Within 30 days after receipt of notification that EPA has denied an application for exemption, the applicant may file an appeal with EPA.
- (b) The appeal shall indicate the basis for the applicant's request for reconsideration.
- (c)
  - (1) The applicant may also include a request for a hearing. Hearings will be held according to the procedures described in [§ 790.97](/cfr/40/790.97.md).
  - (2) Hearing requests must be submitted using the method specified in [§ 790.5(b)](/cfr/40/790.5.md?p=b) and be received by EPA within 30 days of receipt of the Agency's notification under [§ 790.88(b)](/cfr/40/790.88.md?p=b). Hearing requests must provide reasons why a hearing is necessary.
- (d) If EPA determines that there are material issues of fact, then the request for a hearing will be granted. If EPA denies a hearing request, EPA will base its decision on the written submission.
- (e) EPA will notify the applicant of its decision within 60 days after EPA receives the appeal described in [paragraph (a)](#a) of this section or within 60 days after completion of a hearing described in [paragraph (c)](#c) of this section.
- (f) The filing of an appeal from the denial of an exemption shall not act to stay the applicant's legal obligations under a test rule promulgated under [section 4](/cfr/40/4.md) of the Act.

## Notes

### Amendments

[50 FR 20660, May 17, 1985, as amended at 78 FR 72830, Dec. 4, 2013]

### Source

Source: 50 FR 20660, May 17, 1985, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 2603.

### Amendments

[50 FR 20660, May 17, 1985, as amended at 78 FR 72830, Dec. 4, 2013]