[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.34]

[Page 259]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                      Subpart H_Supplemental Rules
 
Sec. 22.34  Supplemental rules governing the administrative assessment 
of civil penalties under the Clean Air Act.

    (a) Scope. This section shall apply, in conjunction with Sec. Sec. 
22.1 through 22.32, in administrative proceedings to assess a civil 
penalty conducted under sections 113(d), 205(c), 211(d), and 213(d) of 
the Clean Air Act, as amended (42 U.S.C. 7413(d), 7524(c), 7545(d), and 
7547(d)). Where inconsistencies exist between this section and 
Sec. Sec. 22.1 through 22.32, this section shall apply.
    (b) Issuance of notice. Prior to the issuance of a final order 
assessing a civil penalty, the person to whom the order is to be issued 
shall be given written notice of the proposed issuance of the order. 
Service of a complaint or a consent agreement and final order pursuant 
to Sec. 22.13 satisfies this notice requirement.