[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: 40CFR67.13]

[Page 152-153]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 67_EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PRO GRAM--Table 
of Contents
 
                  Subpart B_Approval of State Programs
 
Sec. 67.13  Approval.

    (a) The Administrator shall evaluate any application submitted under 
Sec. 67.12 and shall:

[[Page 153]]

    (1) Approve the program and delegate authority to the State to 
administer the program if he determines that the requirements of Sec. 
67.11 have been and will be met; or
    (2) Request additional information if he determines that the 
information submitted is not sufficient to allow him to determine 
whether the requirements of Sec. 67.11 have been and will be met; or
    (3) Disapprove the State program if he determines that the 
information submitted establishes that the requirements of Sec. 67.11 
have not been or will not be met.
    (b) The Administrator shall notify the State in writing of his 
action under paragraph (a) of this section and shall state the reasons 
for his action.
    (c) In all cases of delegation (whether or not express provision is 
made in the notice of delegation) the Administrator shall retain 
continuing authority to issue notices of noncompliance, review exemption 
requests or penalty calculations, or take any other steps set forth in 
part 66 to assess and collect these penalties. Such authority shall be 
exercised pursuant to the provisions of Sec. 67.21.
    (d) The Administrator shall retain exclusive authority to assess and 
collect penalties against source owners or operators of facilities in 
the State who were issued notices of noncompliance pursuant to part 66 
prior to the effective date of the delegation, except to the extent the 
Administrator specifically delegates such authority to the State.