[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: 40CFR67.42]

[Page 156]
 
                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 E - EPA Review of State Penalty Assessments
 
Sec. 67.42  Procedure where no formal State hearing was held.

    (a) In reviewing a penalty calculation for which no hearing 
conforming to the requirements of Sec. 67.11(b)(4) was held, 
the Administrator shall evaluate the accuracy and adequacy of the data 
contained in the documents transmitted to him pursuant to Sec. 
67.11(b)(5) and shall invite 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 for reconsideration of a 
recalculation presented information which, if true, would have altered 
the amount of the penalty calculated, he shall upon notice to the State 
schedule a hearing in accordance with subpart F 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 determination of the 
State or local agent not to hold a hearing was proper but that the 
penalty calculation does not conform to the requirements of the Act or 
of part 66, he shall by written notice revoke the determination and 
issue a notice of recalculation to the source owner or operator pursuant 
to Sec. 66.51. A copy of the notice of recalculation shall be 
provided to the State or local agent. The notice of recalculation shall 
constitute final administrative action by EPA under authority of section 
120 unless the source owner or operator petitions for reconsideration 
under Sec. 66.52, in which case it shall operate as a 
withdrawal by EPA of its delegation of authority to the State or local 
agent over the facility in question.
    (d) Unless otherwise provided in the Administrator's notice, 
noncompliance penalties finally determined to be owed shall be paid to 
the State or local agent.