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<br />§21.13
<br />shall also be Bent to the Regional Ad-
<br />ministrator for review. The Regional
<br />Administrator shall notify the State,
<br />the applicant, and the SBA of any de-
<br />termination subsequently made, in ac-
<br />cordance with §21.5, on any such state-
<br />ment.
<br />(i) If within 60 days after notice of
<br />such deficiencies has been provided,
<br />the State has not taken corrective ef-
<br />forte, and if the deficiencies Signifi-
<br />cantly affect the conduct of the pro-
<br />gram, the Regional Administrator,
<br />after Sufficient notice has been pro-
<br />vided to the Regional Director of SBA,
<br />shall withdraw the . approval of the
<br />State program.
<br />(ii) Any State whose program is with-
<br />drawn and whose deficiencies have been
<br />corrected may later reapply as pro-
<br />vided in §21.12(a).
<br />(g) Funds appropriated under section
<br />106 of the Act may be utilized by a
<br />State agency authorized to receive
<br />such funds in conducting this program.
<br />§21.13 Effect of certification upon au-
<br />thority to enforce applicable stand-
<br />ards.
<br />The certification by EPA or a State
<br />for SBA Loan purposes in no way con-
<br />stitutes a determination by EPA or the
<br />State that the facilities certified (a)
<br />will be constructed within the time
<br />specified by an applicable standard or
<br />(b) will be constructed and installed in
<br />accordance with the plans and speci-
<br />fications submitted in the application,
<br />will be operated and maintained prop-
<br />erly, or will be applied to process
<br />-wastes which are the same as described
<br />in the application. The certification in
<br />no way constitutes a waiver by EPA or
<br />a State of its authority to take appro-
<br />priate enforcement action against the
<br />owner or operator of such facilities for
<br />violations of an applicable, standard.
<br />40 CFR Ch. 1 (7-1-05 Edl"
<br />22.2 Use of number and gender.
<br />22.3 Definitions.
<br />22.4 Powers and duties of the Environ-
<br />mental Appeals Board, Regional Judiclu
<br />Officer and Presiding Officer; diBquah-
<br />fication, withdrawal, and reassignment.
<br />22.5 Filing, service, and form of all filed
<br />documents; business confidentiality
<br />claims.
<br />22.6 Filing and service of rulings, orders and
<br />decisions.
<br />22.7 Computation and extension of time.
<br />22.8 Ex parte discussion of proceeding.
<br />22.9 Examination of documents filed.
<br />Subpart B-Partles and Appearances
<br />22.10 Appearances.
<br />22.11 Intervention and non-party briefs.
<br />22.12 Consolidation and severance.
<br />Subpart C-Prehearing Procedures
<br />22.13 Commencement of a proceeding.
<br />22.14 Complaint.
<br />22.15 Answer to ,he complaint.
<br />22.16 Motions.
<br />22.17 Default.
<br />22.18 Quick resolution; settlement, site
<br />native dispute resolution.
<br />22.19 Prehearing information exchange; pr
<br />hearing conference; other discovery.
<br />22.20 Accelerated decision; decision to di
<br />miss.
<br />Subpart D-Hearing Procedures
<br />22.21 Assignment of Presiding , Offic,
<br />scheduling the hearing.
<br />22.22 Evidence.
<br />22.23 Objections and offers of proof.
<br />22.24 Burden of presentation; burden of p
<br />suasion; preponderance of the evader
<br />standard.
<br />22.25 Filing the transcript. .
<br />22.26 Proposed findings, conclusions, a
<br />order.
<br />Subpart E-Initial Decision and Motion 1
<br />Reopen a Hearing
<br />22.27 Initial decision.
<br />22.28 Motion to reopen a hearing.
<br />PART 22-CONSOLIDATED RULES
<br />OF? PRACTICE GOVERNING 'THE
<br />ADMINISTRATIVE ASSESSMENT.OF
<br />CIVIL. PENALTIES - AND THE REV-
<br />OCATION/TERMINATION-:OR SUS-
<br />PENSION-OF PERMITS -
<br />Subpart A-General
<br />Sec. . - -.- -. -
<br />Subpart F-Appeals and Adminlstraflv(
<br />Review
<br />22.29 Appeal from or review of interlocut
<br />orders or rulings.
<br />22.30 Appeal from or review of initial d
<br />Sion.
<br />Subpart G-Final Order.
<br />22.31 Final order.
<br />9.2 nv mntinn to reconsider a final order.
<br />Mronmental Protection Agency
<br />Subpart H-Supplemental. Rules
<br />L33 [Reserved)
<br />Lai supplemental rules governing the ad-
<br />ministrative assessment of civil pen-
<br />alties under the Clean Air Act.
<br />L35 Supplemental rules governing the ad-
<br />mintetrative assessment of civil pen-
<br />alties under the Federal Insecticide, Fun-
<br />gicide, and Rodenticide Act.
<br />236 [Reserved)
<br />237 Supplemental rules governing admin-
<br />istrative proceedings under the Solid
<br />Waste Disposal Act.
<br />U-38 Supplemental rules of practice gov-
<br />erning the administrative assessment of
<br />civil penalties under the Clean Water
<br />Act.
<br />XL39 Supplemental rules governing the ad-
<br />ministrative assessment of civil pen-
<br />altleB under section 109 of the Com-
<br />prehenBive Environmental Response,
<br />Compensation, and Liability Act of 1980,
<br />as amended.
<br />1L40 [Reserved)
<br />12.41 Supplemental rules governing. the ad-
<br />ministrative assessment of civil pen-
<br />altieB under -Title II of the Toxic Sub-
<br />stance Control Act, enacted as section 2
<br />of the Asbestos Hazard Emergency Re-
<br />sponse Act (AHERA).
<br />2M42 Supplemental rules governing the ad-
<br />ministrative assessment of civil pen-
<br />alties for violations of compliance orders
<br />issued to owners or operators of public
<br />water systems under part B of the Safe
<br />Drinking Water Act.
<br />V-43 Supplemental rules governing the ad-
<br />ministrative assessment of civil pen-
<br />alties against a federal agency under the
<br />Safe Drinking Water Act.
<br />8-44 Supplemental rules of practice gov-
<br />erning the termination of permits under
<br />section 402(a) of the Clean Water Act or
<br />under section 3008(a)(3) of the Resource
<br />Conservation and Recovery Act.
<br />1245 Supplemental rules governing public
<br />notice and comment in proceedings
<br />under sections 309(8) and 311(b)(6)(B)(fi)
<br />of the Clean Water Act and section
<br />1423(c) Qf the Safe Drinking Water Act.
<br />12.46-22.49 [Reserved) .
<br />Subpart I-AdmhNitrative Proceedings Not
<br />Governed by Section 554 of the Ad=
<br />minlstratlve Procedure Act
<br />§ 22.1
<br />SOURCE: 64 FR 40176, July 23, 1999, unless
<br />otherwise noted.
<br />Subpart A-General
<br />§ 22.1 Scope of this part.
<br />(a) These Consolidated Rules of Prac-
<br />tice govern all administrative adju-
<br />dicatory proceedings for:
<br />(1) The assessment of any adminis-
<br />trative civil penalty under section 14(a)
<br />of the Federal Insecticide, Fungicide,
<br />and Rodenticide Act as amended (7
<br />U.S.C. 1361(a));
<br />(2) The assessment of any adminis-
<br />trative civil penalty under sections
<br />113(d), 205(c), 211(d) and 213(d) of the
<br />Clean Air Act, as amended (42 U.S.C.
<br />7413(d), 7524(c), 7545(d) and 7547(d));
<br />(3) The assessment of any adminis-
<br />trative civil penalty or for the revoca-
<br />tion or suspension of any permit under
<br />section 105(a) and (f) of the Marine Pro-
<br />tection, Research, and Sanctuaries Act
<br />as amended (33 U.S.C. 1415(a) and (f));
<br />(4) The issuance of a compliance
<br />order or the issuance of a corrective ac-
<br />tion order, the termination of a permit
<br />pursuant to- section 3008(a)(3), the sus-
<br />pension or revocation of authority to
<br />operate pursuant to section 3005(e), or
<br />the assessment of any civil penalty
<br />under sections 3008, 9006, and 11005 of
<br />the Solid Waste Disposal Act; as
<br />amended (42 U.S.C. 6925(d), 6925(e), 6928,
<br />699le, and 6992d)), except as provided in
<br />part 24 of this chapter;
<br />(5) The assessment of any adminis-
<br />trative civil penalty under sections
<br />16(a) and 207 of the Toxic Substances
<br />Control Act (15 U.S.C. 2615(a) and 2647);
<br />(6) The assessment of any Class II
<br />penalty - under sections 309(g) and
<br />311(b)(6), or termination of any permit
<br />issued pursuant to section 402(a) of the
<br />Clean Water Act, as amended (33 U.S.C.
<br />1319(8), 1321(b)(6), and 1342(a));
<br />(7) The assessment of any adminis-
<br />trative civil penalty under section 109
<br />of the. Comprehensive Environmental
<br />Response, Compensation, and Liability
<br />Act of 1980, as amended (42 U.S.C. 9609);
<br />(8) The assessment. of any adminis-
<br />trative civil penalty -under section 32;
<br />of the Emergency Planning and Com-
<br />munity Right-To-Know Act of 198(
<br />("EPCRA") (42 U.S.C. 11045);
<br />(9) The assessment of any adminis
<br />trative civil penalty under section:
<br />12.50 Scope of this Bubpart.
<br />21.51 Presiding Officer.
<br />72.52 Information exchange and discovery.
<br />AUTxoarry: 7 U.S.C. 136(1); 15 U.S.C. 2615; 33
<br />O.S.O. 1319, 1342, 1361, 1415 and 1418; 42 U.S.C.
<br />Wg4(g), 6912, 6925, 6928, 699le and 6992d; 42
<br />U:S.C. 7413(d), 7524(c), 7545(d), 7547, 7601 and
<br />T6 07(a), 9609, and 11045.
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