[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR66.13]

[Page 141]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
                    Subpart B_Notice of Noncompliance
 
Sec.  66.13  Duties of source owner or operator upon receipt of a 

notice of noncompliance.

    (a) Within forty-five days after receiving a notice of noncompliance 
a source owner or operator shall either:
    (1) Calculate the amount of the penalty owed and the appropriate 
quarterly payment schedule, as provided in the Technical Support 
Document and Instruction Manual, and transmit that calculation, together 
with supporting data sufficient to allow verification of the penalty 
calculation, to the Administrator; or
    (2) Submit a petition for reconsideration, alleging that the source 
is not in violation of applicable legal requirements or that the source 
owner or operator is entitled to an exemption pursuant to Sec. Sec.  
66.31 through 66.33, or both. A source owner or operator must present 
both grounds in the petition if he wishes to preserve a claim to an 
exemption in the event that the source is found to be in violation. 
Issues relating to the existence of a violation or entitlement to an 
exemption not raised in the petition shall be deemed waived.
    (b) Any submittal pursuant to this subsection shall specify the 
identity of the person responsible for the payment of any noncompliance 
penalty, and to whom any reimbursement, if necessary, shall be sent.
    (c) A source owner or operator may amend any petition for 
reconsideration pursuant to paragraph (a) of this section within 45 days 
from receipt of a notice of noncompliance. Amendment of such petition 
after 45 days will be permitted only if based on unforeseeable 
conditions occurring after termination of the 45 day period, or upon 
consent of the Administrator.