[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.23]

[Page 142]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA
--Table of Contents
 
            Subpart C_Calculation of Noncompliance Penalties
 
Sec. 66.23  Interim recalculation of penalty.

    (a) The Administrator, upon concluding that a previously approved 
penalty calculation no longer is accurate, may:
    (1) Request, in writing, that the source owner or operator submit a 
revised calculation in the form specified in Sec. 66.13(a). The 
Administrator shall respond to any information submitted in accordance 
with the provisions of Sec. 66.51.
    (2) Notify the source owner or operator, in writing, that the 
penalty has been recalculated based upon information in the 
Administrator's possession. The source owner or operator shall respond 
as provided in Sec. 66.52.
    (b) If a source owner or operator believes that, because of changed 
circumstances, a penalty calculation which has been accepted by EPA no 
longer is accurate, he may submit a revised penalty calculation and 
schedule to the Administrator. The revised calculation shall be in the 
form specified in Sec. 66.13(a)(1). The Administrator shall respond in 
accordance with the provisions of Sec. 66.51. The decision to accept 
the interim calculation or to grant a hearing on this issue shall be 
solely within the discretion of the Administrator.