[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: 40CFR67.43]

[Page 156-157]
 
                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. 67.43  Procedure where a formal State hearing was held.

    (a) In reviewing a penalty calculation for which a hearing 
conforming to Sec. 67.11(b)(4) was held, the Administrator may 
invite comment on issues identified by him as relevant to his review and 
shall propose or make findings as to the correctness of the 
determination and shall evaluate the accuracy and adequacy of the 
material transmitted pursuant to Sec. 67.11(b)(5).
    (b) The Administrator shall notify all participants in the State 
hearing of his findings and conclusions. If the Administrator finds that 
the State determination conformed to the requirements of the Act, part 
66 (as modified by Sec. 67.11), the Technical Support 
Document, and the Instruction Manual, his determination shall constitute 
a final action pursuant to section 120. If the Administrator finds that 
the State determination did not conform to the requirements of the Act 
or of part 66 (as modified by Sec. 67.11) or to the Technical 
Support Document or Instruction Manual, the findings shall constitute 
proposed findings, and the notice shall invite participants to file 
exceptions to his proposed findings and, if necessary, schedule a time 
for argument.
    (c) Within 60 days of receipt of any briefs or exceptions or after 
oral argument, the Administrator shall affirm, modify, or revoke his 
proposed findings that the State or local agent's determination did not 
conform to the requirements of the Act or of part 66 (as modified by 
Sec. 67.11) or the Technical Support Document or Instruction 
Manual. The decision shall be in writing. Notice and a copy of the 
decision, which shall constitute final administrative action by EPA 
pursuant to section 120, shall be provided to the source owner or 
operator and to all other participants in the State hearing.
    (d) If the Administrator finds that deficiencies in the State or 
local agent's hearing record prevent him

[[Page 157]]

from determining whether the State or local agent's determination 
conformed to the requirements of the Act and part 66 (as modified by 
Sec. 67.11) or the Technical Support Document or Instruction 
Manual, he shall notify the State or local agent of his decision and 
specify what dificiencies exist and schedule a hearing in accordance 
with subpart F of part 66. Such notice shall operate to withdraw EPA's 
delegation of authority to the State or local agent over the facility in 
question unless the State or local agent within 15 days schedules a 
supplemental hearing to correct the deficiencies.
    (e) Unless otherwise provided in the Administrator's notice to the 
State or local agent, any noncompliance penalties owed by the source 
owner or operator shall be paid to the State or local agent.

    Appendix A to Part 67 - Technical Support Document

    Note: EPA will make copies of appendix A available from: Director, 
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.

[54 FR 25259, June 20, 1989]

        Appendix B to Part 67 - Instruction Manual

    Note: EPA will make copies of appendix B available from: Director, 
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.

[54 FR 25259, June 20, 1989]

         Appendix C to Part 67 - Computer Program

    Note: EPA will make copies of appendix C available from: Director, 
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania., NW., 
Washington, DC 20460.

[54 FR 25259, June 20, 1989]