40 CFR § 66.94 - Presentation of evidence.

---
identifier: "/us/cfr/t40/s66.94"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 66.94 - Presentation of evidence."
title_number: 40
title_name: "Protection of Environment"
section_number: "66.94"
section_name: "Presentation of evidence."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "66"
part_name: "ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 120, Clean Air Act, as amended, 42 U.S.C. 7420."
regulatory_source: "45 FR 50110, July 28, 1980, unless otherwise noted."
cfr_part: "66"
---


# 66.94 Presentation of evidence.

(a) In hearings pursuant to § 66.42 EPA shall present evidence of violation of applicable legal requirements. The source owner or operator shall then present any rebuttal evidence.

(b) In hearings under § 66.42 the source owner or operator shall present evidence of entitlement to an exemption. EPA shall then present any rebuttal evidence.

(c) In hearings under §§ 66.54 and 66.73 EPA shall present evidence that its calculation or revisions of the source owner or operator's penalty calculations are correct. The source owner or operator shall then present any rebuttal evidence.

(d) Each matter of controversy shall be determined by the Presiding Officer upon a preponderance of the evidence.

(e) Any documentation submitted pursuant to § 66.92(b) shall automatically be received into evidence in the hearing.