CFR > Title 40 - Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER C—AIR PROGRAMS (Parts 50–99) > PART 57—PRIMARY NONFERROUS SMELTER ORDERS > SUBPART A—General (§57.101 to §57.111) > 57.105—Submittal of required plans, proposals, and reports.

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.