[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: 40CFR67.31]

[Page 154]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 67 - EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PRO[chyph]GRAM--Table of Contents
 
 Subpart D - EPA Review of State Compliance or Exemption Decisions
 
Sec. 67.31  Review by the Administrator.


    (a) The Administrator may, on his own initiative, review any 
determination by a State or its agent that a source owner or operator is 
or is not in compliance with applicable legal requirements or is or is 
not entitled to an exemption, to determine whether that determination 
conforms to the requirements of the Act and part 66 (as modified by 
Sec. 67.11).
    (b) The Administrator shall review any such determination upon 
receipt of a petition alleging that the State's determination does not 
conform to the requirements of the Act and part 66 (as modified by 
Sec. 67.11). Such petition must be filed within 20 days of 
issuance of the State's decision.
    (c) The Administrator shall give notice in writing to the State or 
local agent, to the owner or operator of the source, and to the 
petitioner of his intent to review the determination. Such notice shall 
be given within 90 days of the Administrator's receipt of the State or 
local agent's determination. Unless otherwise provided, such notice 
shall not withdraw EPA's delegation of authority to the State or local 
agent over the particular facility in question.
    (d) 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.
    (e) 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.