[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: 40CFR66.81]

[Page 149]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 66_ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY 
 
                         Subpart I_Final Action
 
Sec.  66.81  Final action.


    (a) A final Agency action appealable to the courts by the source 
owner or operator includes and is limited to the following, provided the 
conditions of paragraph (b) of this section are met:
    (1) A notice of determination that a source is in violation of 
applicable legal requirements;
    (2) A notice of decision to deny or revoke an exemption under 
subpart D;
    (3) A notice of revision by EPA of a penalty calculation or schedule 
under subpart F;
    (4) A notice of decision by EPA that the source is not in final 
compliance or any revision by EPA of a final penalty calculation under 
subpart H; and
    (5) A notice of denial of a petition for reconsideration under Sec.  
66.71 or Sec.  66.73.
    (6) A decision by the Administrator upon completion of any review of 
a State action pursuant to part 67.
    (b) The actions listed in paragraph (a) of this section constitute 
final Agency action only if all administrative remedies have been 
exhausted. To exhaust administrative remedies, a source owner or 
operator must first petition for reconsideration of the decision in 
question and, if unsuccessful after hearing or after denial of hearing, 
appeal the decision in question to the Environmental Appeals Board. The 
action becomes final upon the completion of review by the Environmental 
Appeals Board and notice thereof to the owner or operator of the source.
    (c) Where a petition seeks reconsideration both of the finding of 
noncompliance and of the finding of liability on the ground that the 
source owner or operator is entitled to an exemption, both questions 
must be decided before any review by the Environmental Appeals Board is 
sought, except on agreement of the parties.

[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985; 
57 FR 5329, Feb. 13, 1992]