[Code of Federal Regulations]
[Title 40, Volume 12]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR67.21]

[Page 153-154]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 67--EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM--Table of Contents
 
  Subpart C--Federal Notice of Noncompliance to Sources in States With 
                            Approved Programs
 
Sec. 67.21  Federal notice of noncompliance to owners or operators of sources in States with approved programs.


    (a) The Administrator shall issue a notice of noncompliance to the 
owner or operator of any source in a State

[[Page 154]]

with an approved program if he determines that the State or its local 
agent has failed to issue such notice, provided that he shall first give 
30 days notice to the State of his intent to issue a notice of 
noncompliance to the owner or operator of the source in question unless 
the State or its agent does so first. Any notice issued by the 
Administrator pursuant to this section shall be deemed to be issued 
pursuant to the provisions of part 66.
    (b) The issuance of a notice of noncompliance shall operate to 
withdraw EPA delegation of authority to the State with respect to the 
particular facility in question.
    (c) If the Administrator determines that the State or local agent 
has issued a notice of noncompliance but has failed to pursue diligently 
subsequent steps for the assessment and collection of the penalty, he 
shall notify the State of his intent to withdraw delegation of authority 
to the State with respect to the facility in question and take 
appropriate actions pursuant to part 66 unless the State or local agent, 
within 30 days, takes appropriate action in accordance with the 
requirements of this part. In either case the penalty will be calculated 
from the date of the State notice.