[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: 40CFR67.32]

[Page 154-155]
 
                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. 67.32  Procedure where no formal State hearing was held.

    (a) In reviewing a decision that a source is in compliance with 
applicable legal requirements or entitled to an exemption for which no 
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the 
Administrator shall evaluate the accuracy and adequacy of the documents 
transmitted to him pursuant to Sec. 67.11(b)(5) and shall 
invite submission of comments on issues identified by him as relevant to 
his review.
    (b) If the Administrator concludes that no hearing need have been 
held and that the State determination was correct, he shall notify the 
State, the source owner or operator, and other participants of his 
determination, which shall constitute final agency action by EPA under 
authority of section 120. If the Administrator concludes that the 
petition of the source owner or operator presented information which, if 
true, would have altered the owner or operator's liability for a 
penalty, he shall upon notice to the State or local agent schedule a 
hearing in accordance with 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 hearing within 15 days of receipt of the notice.
    (c) If the Administrator concludes that the State determination did 
not conform to the requirements of the Act or of part 66 (as modified by 
Sec. 67.11), he shall by written notice revoke the 
determination. Such revocation shall operate as a withdrawal of EPA's 
delegation of authority to the State or local agent over the facility in 
question. The source owner or operator may then petition for review of 
the Administrator's decision pursuant to the provisions of 
Sec. 66.13.
    (d) Unless otherwise provided in the Administrator's notice to the 
State or

[[Page 155]]

local agent, any noncompliance penalties owed by the source owner or 
operator shall be paid to the State or local agent. The Administrator 
shall send a copy of this notice to the source owner or operator.