[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.21]

[Page 141]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66 - ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents
 
         Subpart C - Calculation of Noncompliance Penalties
 
Sec. 66.21  How to calculate the penalty.


    (a) All noncompliance penalties shall be calculated in accordance 
with the Technical Support Document and the Manual.
    (b) Where the Administrator determines that no existing technology 
or other emissions control method results in emission levels which 
satisfy the applicable legal requirement, the penalty calculation shall 
be based on the cost of the capital equipment, operation and maintenance 
practices, or other methods of control which best approximates the 
degree of control required. In such a case, the Administrator may 
include in the penalty the costs of participation in an EPA approved 
research and development program where he determines that such 
participation would be appropriate. Information on appropriate research 
and development programs will be available from the regional offices or 
from the Office of Research and Development.