107.121—Modification, suspension or termination of special permit or grant of party status.
(a)
The Associate Administrator may modify an exemption, a special permit, or grant of party status on finding that:
(1)
Modification is necessary so that the exemption or special permit reflects current statutes and regulations; or
(b)
The Associate Administrator may modify, suspend or terminate an exemption or special permit or grant of party status, as appropriate, on finding that:
(1)
Because of a change in circumstances, the exemption, special permit, or party status no longer is needed or no longer would be granted if applied for;
(2)
The application contained inaccurate or incomplete information, and the exemption, special permit, or party status would not have been granted had the application been accurate and complete;
(4)
The holder or party knowingly has violated the terms of the exemption, special permit or an applicable requirement of this chapter, in a manner demonstrating the holder or party is not fit to conduct the activity authorized by the exemption or special permit.
(c)
Except as provided in paragraph (d) of this section, before an exemption, special permit, or grant of party status is modified, suspended or terminated, the Associate Administrator notifies the holder or party in writing of the proposed action and the reasons for it, and provides an opportunity to show cause why the proposed action should not be taken.
(1)
The holder or party may file a written response that shows cause why the proposed action should not be taken within 30 days of receipt of notice of the proposed action.
(2)
After considering the holder's or party's written response, or after 30 days have passed without response since receipt of the notice, the Associate Administrator notifies the holder or party in writing of the final decision with a brief statement of reasons.
(d)
The Associate Administrator, if necessary to avoid a risk of significant harm to persons or property, may in the notification declare the proposed action immediately effective.
[Amdt. 107-38, 61 FR 21095, May 9, 1996, as amended at 70 FR 73161, Dec. 9, 2005]