[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: 40CFR66.41]

[Page 145]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
 Subpart E_Decisions on Exemption Requests and Challenges to Notices of 
                              Noncompliance
 
Sec.  66.41  Decision on petitions.


    (a) Within thirty days after receiving a petition filed under Sec.  
66.13, the Administrator shall notify the source owner or operator in 
writing that:
    (1) The petition demonstrates that the source owner or operator is 
entitled to part or all of the relief requested and that the notice of 
noncompliance is withdrawn or modified accordingly;
    (2) The petition does not contain sufficient information to 
demonstrate that the source owner or operator is entitled to part or all 
of the relief requested. The Administrator shall specify what 
deficiencies exist and request that the source owner or operator 
supplement his petition within thirty days of receipt of that request. 
If the petition is not supplemented adequately within this time, or, if 
supplemented adequately, still fails to demonstrate entitlement to 
relief, the Administrator shall grant a hearing under paragraph (a)(3) 
of this section. Any supplemental material provided pursuant to the 
Administrator's request shall be evaluated as provided in paragraphs 
(a)(1) and (a)(3) of this section.
    (3) A hearing is granted on the issue of whether the source is in 
violation of applicable legal requirements or is entitled to an 
exemption under Sec. Sec.  66.31, 66.32, 66.33, or on both.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]