[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: 40CFR66.71]

[Page 147-148]
 
                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 H - Compliance and Final Adjustment
 
Sec. 66.71  Determination of compliance.


    (a) An owner or operator of a source who is paying a noncompliance 
penalty under this part shall notify the Administrator in writing when 
he believes that the source has come into and is maintaining compliance 
with all applicable legal requirements. The notice shall be accompanied 
by any factual data, analytical materials, and legal arguments which the 
source owner or operator believes support such claim.
    (b) Within 30 days of receipt of a source owner's submittal, the 
Administrator shall determine whether the source has achieved and is 
maintaining compliance with applicable legal requirements, and shall 
notify the source owner or operator of this determination in writing. If 
the Administrator is unable to conclude, on the basis of the information 
submitted, whether the source has achieved and is maintaining compliance 
with applicable legal requirements, he shall inform the owner or 
operator of any additional material that is needed. Within 30 days of 
receipt of such additional material, the Administrator shall determine 
whether the source has achieved and is maintaining compliance, and shall 
notify the source owner or operator of this determination in writing.
    (c) If the Administrator determines that the source has not achieved 
or is not maintaining compliance with applicable legal requirements, the 
source owner or operator may petition for reconsideration within 30 days 
of receipt of the determination. The source owner or operator shall 
include in this petition any necessary supporting material. Issues not 
raised in the petition will be deemed waived. The procedures of 
Sec. 66.41 shall be followed upon the receipt of such 
petition.
    (d) In the event that the applicable legal requirement (as defined 
in Sec. 66.3(c)) the violation of which forms the basis for 
the penalty is superseded by another applicable legal requirement (as 
defined in Sec. 66.3(c)) the owner or operator of a source 
liable for a noncompliance penalty under this part shall notify the 
Administrator in writing that the owner or operator believes that the 
applicable legal requirement is superseded and that the period of 
noncompliance covered by the notice of noncompliance is ended. The 
notice shall be accompanied by the legal arguments which the source 
owner or operator believes support such a claim. Within 30 days of 
receipt of a source owner or operator's notice, the Administrator shall 
determine whether the period of covered noncompliance is ended and shall 
notify the source owner or operator of this determination in writing. In 
cases where the superseding EPA-approved requirement was not approved by 
EPA within the time period required by statute, the period of covered 
noncompliance shall be deemed to have ended on the date when

[[Page 148]]

EPA under the statute should have acted.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]