[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: 40CFR66.61]

[Page 146]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
                            Subpart G_Payment
 
Sec.  66.61  Duty to pay.


    (a) Except where the owner or operator has submitted a petition 
pursuant to Sec.  66.13(a)(2), the first installment of the penalty 
shall be paid on the date six months after receipt of the notice of 
noncompliance.
    (b) Where the source owner has filed a petition pursuant to Sec.  
66.13(a)(2), the first installment consisting of payment of penalties 
for all quarters ``missed'' as well as for the upcoming quarter shall be 
paid on the date six months after a final administrative decision 
affirming the source owner or operator's liability. Installments shall 
be paid quarterly thereafter until compliance is achieved. Quarters 
shall be measured in increments of three calendar months from the date 
the first payment is due.
    (c) A source owner or operator who submits a petition pursuant to 
Sec.  66.52 shall pay the penalty amount calculated by the owner or 
operator under Sec.  66.13 or Sec.  66.43 or any penalty calculated by 
EPA where the owner or operator has failed to calculate such penalty. 
Within 45 days after EPA has notified the owner or operator of a final 
administrative action after hearings on such petition, the owner or 
operator shall submit any necessary modification to the penalty. The 
revised penalty will be calculated in accordance with the Technical 
Support Document and the Manual, and a revised schedule, including 
appropriate adjustments for overpayments or underpayments made, will be 
established.