Regulations last checked for updates: Nov 24, 2024

Title 40 - Protection of Environment last revised: Nov 21, 2024
§ 57.105 - Submittal of required plans, proposals, and reports.

(a) The failure of a smelter owner to submit any plan, report, document or proposal as required by its NSO or by this part shall constitute a violation of its NSO.

(b) If the Administrator determines that a nonferrous smelter is in violation of a requirement contained in an NSO approved under these regulations, the Administrator shall, as provided by section 119(f) of the Act:

(1) Enforce such requirement under section 113 (a), (b), or (c) of the Act;

(2) Revoke the order after notice and opportunity for hearing;

(3) Give notice of noncompliance and commence action under section 120 of the act; or

(4) Take any appropriate combinations of these actions.

(c) Under section 304 of the Act, any person may commence a civil action against an owner or operator of a smelter which is alleged to be in violation or any order approved under this part.

authority: Secs. 110, 114, 119, 301, Clean Air Act, as amended (42 U.S.C. 7410,7414,7419,and; sec. 406 of Pub. L. 95-95
source: 50 FR 6448, Feb. 15, 1985, unless otherwise noted.
cite as: 40 CFR 57.105