[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: 40CFR67.33]

[Page 155]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 67--EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM--Table of Contents
 
    Subpart D--EPA Review of State Compliance or Exemption Decisions
 
Sec. 67.33  Procedure where a formal State hearing was held.

    (a) In reviewing a decision that a source is in compliance with 
applicable legal requirements or is entitled to an exemption for which a 
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the 
Administrator may invite comment on issues identified by him as relevant 
to his review and shall propose or make findings as to the correctness 
of the determination and the accuracy and adequacy of the material 
transmitted pursuant to Sec. 67.11(b)(5).
    (b) The Administrator shall notify all participants in the State 
hearing of his findings and conclusions. If the Administrator concludes 
that the State determination conformed to the requirements of the Act 
and of part 66 (as modified by Sec. 66.11), the Administrator's 
determination shall constitute final administrative action by EPA under 
authority of Section 120. If the Administrator finds that the State 
determination did not conform to the requirements of the Act and of part 
66 (as modified by Sec. 67.11), the findings shall constitute proposed 
findings and the notice shall invite participants to file exceptions 
thereto. If the Administrator considers it desirable, he may schedule a 
time for argument.
    (c) Within 60 days of receipt of any briefs or exceptions or after 
oral argument pursuant to paragraph (b), the Administrator shall affirm, 
modify, or revoke his proposed findings that the State's determination 
did not conform to the requirements of the Act or of part 66 (as 
modified by Sec. 67.11). The decision shall be in writing. Notice and a 
copy of the decision shall be provided to the source owner or operator 
and to all other participants in the State hearing. The decision shall 
constitute a final administrative action by EPA under authority of 
section 120.
    (d) If the Administrator finds that deficiencies in the hearing 
record prevent him from determining whether the determination of the 
State or local agent conformed to the requirements of the Act and part 
66 (as modified by Sec. 67.11), he shall notify the State or local agent 
of his finding and specify what deficiencies exist and schedule a 
hearing pursuant to subpart E of part 66. Such notice shall operate as a 
withdrawal of EPA's delegation of authority to the State or local agent 
over the facility in question unless the State or local agent schedules 
a supplemental hearing to correct the deficiencies within 15 days of 
receipt of the notice.
    (e) If the Administrator concludes that the source is in violation 
of applicable legal requirements or is not entitled to an exemption, or 
both, and unless otherwise ordered in the decision, the source owner or 
operator shall submit a penalty calculation to the State within 45 days 
of receipt of the notice of determination.