40 CFR §57.105

1. (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.
2. (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. (1)Enforce such requirement under section 113 (a), (b), or (c) of the Act;
   2. (2)Revoke the order after notice and opportunity for hearing;
   3. (3)Give notice of noncompliance and commence action under section 120 of the act; or
   4. (4)Take any appropriate combinations of these actions.
3. (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.