[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: 40CFR67.21]

[Page 153-154]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 67_EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM--Table
 
  Subpart C_Federal Notice of Noncompliance to Sources in States With 
                            Approved Programs
 
Sec.  67.21  Federal notice of noncompliance to owners or operators 


of sources in States with approved programs.

    (a) The Administrator shall issue a notice of noncompliance to the 
owner or operator of any source in a State with an approved program if 
he determines that the State or its local agent has failed to issue such 
notice, provided that he shall first give 30 days notice to the State of 
his intent to issue a notice of noncompliance to the owner or operator 
of the source in question unless the State or its agent does so first. 
Any notice issued by the Administrator pursuant to this section shall be 
deemed to be issued pursuant to the provisions of part 66.
    (b) The issuance of a notice of noncompliance shall operate to 
withdraw EPA delegation of authority to the State with respect to the 
particular facility in question.
    (c) If the Administrator determines that the State or local agent 
has issued a notice of noncompliance but has failed to pursue diligently 
subsequent steps for the assessment and collection of the penalty, he 
shall notify the

[[Page 154]]

State of his intent to withdraw delegation of authority to the State 
with respect to the facility in question and take appropriate actions 
pursuant to part 66 unless the State or local agent, within 30 days, 
takes appropriate action in accordance with the requirements of this 
part. In either case the penalty will be calculated from the date of the 
State notice.