40 CFR § 57.105 - Submittal of required plans, proposals, and reports.

---
identifier: "/us/cfr/t40/s57.105"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 57.105 - Submittal of required plans, proposals, and reports."
title_number: 40
title_name: "Protection of Environment"
section_number: "57.105"
section_name: "Submittal of required plans, proposals, and reports."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "57"
part_name: "PRIMARY NONFERROUS SMELTER ORDERS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 110, 114, 119, 301, Clean Air Act, as amended (42 U.S.C. 7410, 7414, 7419, and 7601); sec. 406 of Pub. L. 95-95."
regulatory_source: "50 FR 6448, Feb. 15, 1985, unless otherwise noted."
cfr_part: "57"
---


# 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.