[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: 40CFR67.41]

[Page 155-156]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 67--EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM--Table of Contents
 
           Subpart E--EPA Review of State Penalty Assessments
 
Sec. 67.41  When EPA may review.


    (a) The Administrator may on his own initiative or on petition 
review any initial, interim, or final penalty calculation made or 
approved by the State or local agent to determine whether it conforms to 
the requirements of the Act, of part 66, of the Technical Support 
Document and the Instruction Manual. The Administrator

[[Page 156]]

shall notify the State or local agent in writing of his intention to 
review the calculation within 60 days of receipt by EPA of the 
calculation or any item considered by the State in making or approving 
such calculation, whichever occurs later.
    (b) No such State determination shall become final until the 
expiration of 90 days after the Administrator's receipt of the notice 
required by Sec. 67.11(b)(5).
    (1) If the Administrator does not issue a notice of intent to review 
within that period, the State determination shall, upon expiration of 
such period, constitute final action of the Administrator under section 
120 of the Act.
    (2) If the Administrator issues a notice of intent to review within 
that period, the State determination shall not become final until the 
Administrator takes final action after reviewing the determination.
    (c) Except as otherwise provided, a State determination shall be 
approved if there was a reasonable basis in law and in fact for making 
the determination.