[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: 40CFR66.72]

[Page 148]
 
                   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 H_Compliance and Final Adjustment
 
Sec. 66.72  Additional payment or reimbursement.

    (a) Within 120 days after the source owner or operator receives 
notification pursuant to Sec. 66.71(b) that it has achieved and is 
maintaining compliance with applicable legal requirements, or within 120 
days after receipt of a decision to that effect upon petition and 
hearing, or within 120 days after receipt of a decision to that effect 
upon an appeal to the Environmental Appeals Board, the source owner or 
operator shall submit to the Administrator a revised penalty calculation 
as provided in the Technical Support Document and the Manual, together 
with data necessary for verification. The revised calculation shall 
include interest on any underpayment.
    (b) Within thirty days after receiving a revised penalty calculation 
provided pursuant to paragraph (a) of this section, the Administrator 
shall inform the source owner or operator in writing that:
    (1) The revised penalty is correct as calculated;
    (2) The revised penalty is incorrect and has been recalculated based 
on the data provided by the source owner or operator or on other data. 
The Administrator shall provide to the source owner or operator a brief 
statement of the basis of the recalculation and shall identify when and 
where any supporting data may be examined. The Administrator shall also 
notify the source owner or operator of the right to petition for 
reconsideration under Sec. 66.73; or
    (3) The source owner or operator has not submitted any penalty 
calculation, or has not submitted enough material to enable EPA to 
verify the penalty calculation. The Administrator shall specify what 
deficiencies exist and shall require the source owner or operator to 
furnish the supplemental material within thirty days of receipt of the 
notice. The supplemental material submitted will be evaluated in the 
same manner as the original submittal.
    (c) If a source owner or operator fails to submit or to complete a 
revised penalty calculation when due under this section or the 
calculation submitted is incorrect, the Administrator may recalculate 
the penalty or may enter into a contract for independent calculation of 
the penalty as provided in Sec. 66.22.
    (d) Within 120 days after the source owner or operator receives 
notification pursuant to Sec. 66.71(d) that the period of covered 
noncompliance ended on the date the applicable legal requirement was 
superseded (or, in event of EPA delay past an applicable statutory 
deadline, on the date the applicable legal requirement would have been 
superseded if there had been no delay past the statutory deadline), the 
source owner or operator shall submit to the Administrator a revised 
penalty calculation as provided in the Technical Support Document and 
Manual together with data necessary for verification. The revised 
calculation shall include interest on any underpayment. Paragraphs (b) 
and (c) shall apply to calculations submitted under this paragraph.

[45 FR 50110, July 20, 1980 as amended at 50 FR 36734, Sept. 9, 1985; 57 
FR 5329, Feb. 13, 1992]