[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: 40CFR66.51]

[Page 145-146]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
                 Subpart F_Review of Penalty Calculation
 
Sec.  66.51  Action upon receipt of penalty calculation.


    (a) Within thirty days after receipt of a penalty calculation 
provided pursuant to Sec.  66.13(a)(1) or Sec.  66.43, the Administrator 
shall notify the source owner or operator in writing, that:
    (1) The penalty is provisionally accepted as calculated, subject to 
any recalculation that may be necessary under Sec.  66.72 after the 
source has achieved compliance; or
    (2) The penalty is incorrect and has been recalculated based on the 
data provided by the source owner or operator, or other data. The 
Administrator shall provide a brief statement of the

[[Page 146]]

basis for 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 a hearing under 
Sec.  66.52; or
    (3) The source owner or operator has not submitted any calculation, 
or the information submitted is inadequate to enable EPA to verify the 
owner or operator's penalty calculation. The Administrator shall specify 
what deficiencies exist and request the source owner or operator to 
supplement his submission within thirty days of receipt of that request. 
If an inadequate supplemental submission is made within this time, EPA 
may calculate the penalty itself or as provided in Sec.  66.22.
    (b) Supplemental material provided pursuant to paragraph (a)(3) of 
this section shall be evaluated as provided in paragraph (a).