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§ 22.2 /
<br />1414(g)(3)(B), 1423(c), and 1447(b) of the
<br />Safe Drinking Water Act as amended
<br />(42 U.S.C. 3008-3(g)(3)(B), 300h-2(c), and
<br />300j-6(b)), or the issuance of any order
<br />requiring both compliance and the as-
<br />sessment of an administrative civil
<br />penalty under section 1423(c);
<br />(10) The assessment of any adminis-
<br />trative civil penalty or the issuance of
<br />any order requiring compliance under
<br />Section 5 of the. Mercury-Containing
<br />and Rechargeable Battery Management
<br />Act (42 U.S.C. 14304).
<br />(b) The supplemental rules Bet forth
<br />in subparts "K and I of this part estab-
<br />lish special procedures for proceedings
<br />identified in paragraph (a) of this sec-
<br />tion where. the Act allows or requires
<br />procedures different from the proce-
<br />dures-in subparts A through G of this
<br />part. Where inconsistencies exist be-
<br />tween subparts A through G of this
<br />part and subpart H or I of this part,
<br />subparts H or I of. this part shall apply.
<br />(c) Questions arising at any stage of
<br />the proceeding which are not addressed
<br />in these Consolidated Rules of Practice
<br />shall be resolved- at the discretion of
<br />the Administrator, Environmental Ap-
<br />peals Board, Regional Administrator,
<br />or Presiding Officer, as provided for in
<br />these Consolidated Rules of Practice.
<br />(64 FR 40176, July 23, 1999, as amended at 65
<br />FR 30904, May 15, 2000)
<br />§ 22.2 Use of number and gender.
<br />As used in these Consolidated Rules
<br />of Practice; words in the singular also
<br />include the plural and words in the
<br />masculine gender also include the
<br />feminine, and vice versa, as the case
<br />may require.
<br />§ 22.3 Definitions.
<br />(a) The following definitions apply to
<br />these Consolidated Rules of Practice:
<br />Act means the particular statute au-
<br />thorizing the proceeding at issue.
<br />Administrative Law Judge means an
<br />Administrative Law Judge appointed
<br />under 5 U.S.C. 3105:
<br />Administrator means the Adminis-
<br />trator of the U.S. Environmental Pro-
<br />tection Agency or his delegate.
<br />Agency means the United States En-
<br />vironmental Protection Agency.
<br />. Business confidentiality claim means a
<br />confidentiality claim as defined in 40
<br />CPR 2.201(h).-
<br />40 CFR Ch. 1 (7-1-05 Edition)
<br />Clerk of the Board means the Clerk of t
<br />the Environmental Appeals Board,
<br />Mail Code 1103B, U.S. Environmental
<br />Protection Agency,.1200 Pennsylvania
<br />Ave., NW., Washington, DC 20460.
<br />Commenter means any person (other
<br />than .a party) or-representative of. such
<br />person who timely:
<br />(1) Submits in writing to the Re-
<br />gional Hearing Clerk that he is pro-
<br />viding or intends to provide comments
<br />on the proposed assessment of a pen-
<br />alty pursuant to sections 309(8)(4) and
<br />311(b)(6)(C) of the Clean Water Act or
<br />section 1423(c) of the Safe Drinking ,
<br />Water Act, whichever applies, and in-
<br />tends to participate in the proceeding;
<br />and
<br />(2) Provides the Regional Hearing
<br />Clerk with a return address.
<br />Complainant means any person au-
<br />thorized to issue a complaint in accord-
<br />ance with §§22.13 and 22.14 on behalf of
<br />the Agency to persons alleged to be in
<br />violation of the Act. The complainant
<br />shall not be a member'of the Environ-
<br />mental Appeals Board, the. Regional
<br />Judicial Officer or any other person
<br />who will participate or advise in the
<br />adjudication.
<br />Consolidated Rules of Practice means
<br />the regulations in this part.
<br />Environmental Appeals Board means
<br />the Board within the Agency described
<br />in 40 CFR 1.25.
<br />Final order means:
<br />(1) An order issued by the Environ-
<br />mental Appeals Board or the Adminis-
<br />-trator after an appeal.of an initial deci-
<br />sion, accelerated decision, decision to
<br />dismiss, or default order, disposing of
<br />the matter in controversy between the
<br />parties;
<br />(2) An initial decision which becomes
<br />a final order under § 22.27(c); or
<br />(3) A final order issued in accordance
<br />with §22.18.
<br />Hearing means an evidentiary hear-
<br />ing on the record, open to the public .
<br />(to the extent consistent with
<br />§ 22.22(a)(2)), conducted as part of a pro-
<br />ceeding under these Consolidated Rules
<br />of Practice.
<br />Hearing Clerk means the -Hearing
<br />Clerk, Mail Code 1900, U.S. Environ-
<br />mental Protection Agency, 1200 Penn-
<br />sylvania Ave., NW., Washington, DC
<br />20460.
<br />non
<br />Environmental Protection Agency
<br />Initial decision means the decision
<br />issued by the Presiding Officer pursu-
<br />ant to §§22.17(c), 22.20(b) or 22.27 resolv-
<br />ing all outstanding issues in the pro-
<br />ceeding.
<br />Party means any person that partici-
<br />pates in a proceeding as complainant,
<br />respondent, or intervenor.
<br />Permit action means the revocation,
<br />suspension or termination of all or part
<br />of a permit issued under section 102 of
<br />the Marine Protection, Research, and
<br />Sanctuaries Act (33 U.S.C: 1412) or ter-
<br />mination under section 402(a) of the
<br />Clean Water Act (33 U.S.C. 1342(a)) or
<br />section 3005(d) of the Solid Waste Dis-
<br />posal Act (42 U.S.C. 6925(d)).
<br />Person includes any individual, part-.
<br />nership, association, corporation, and
<br />any trustee, assignee, receiver or legal
<br />successor thereof; any organized group
<br />of persons whether incorporated or not;
<br />and any officer, employee, agent, de-
<br />partment, agency or instrumentality of
<br />the Federal Government, of any State
<br />or local unit of government, or of any
<br />foreign government.
<br />Presiding Officer means an individual
<br />who presides in an administrative adju-
<br />dication until an initial decision be-
<br />comes final or is appealed. The Pre-
<br />siding Officer shall be an Administra-
<br />tive Law Judge, except where §§ 22.4(b),
<br />22.16(c) or 22.51 allow a Regional Judi-
<br />cial Officer to serve as Presiding Offi-
<br />cer.
<br />Proceeding means the entirety of a
<br />single 1 administrative adjudication,
<br />from the filing of the complaint
<br />through the issuance of a final order,
<br />including any action on a motion to re-
<br />consider under § 22.32.
<br />Regional Administrator means, for a
<br />case initiated in an EPA Regional Of-
<br />fice, the Regional Administrator for
<br />that Region or any officer or employee
<br />thereof to whom his authority is duly
<br />delegated.
<br />Regional Hearing Clerk means an indi-
<br />vidual duly authorized to serve as hear-
<br />ing clerk for a given region, who shall
<br />be neutral in every proceeding. Cor-
<br />respondence with the Regional Hearing
<br />Clerk shall be addressed to the Re-
<br />gional Hearing Clerk at the address
<br />specified in the complaint. For a case
<br />initiated at EPA Headquarters, the
<br />term Regional Hearing Clerk means
<br />the Hearing Clerk:
<br />
<br />§ 22.4
<br />Regional Judicial officer means a per-
<br />son designated by the Regional Admin-
<br />istrator under §M.4(b).
<br />Respondent means any person against
<br />whom the complaint states a claim for
<br />relief.
<br />(b) Terms defined in the Act and not
<br />defined in these Consolidated Rules of
<br />Practice are used consistent with the
<br />meanings given in .the Act.
<br />(64 FR 40176, July 23, 1999, as amended at 65
<br />FR 30904, May 15; 2000)
<br />§ 22.4 Powers and duties of the Envi.
<br />ronmental Appeals Board, Regional
<br />Judicial Officer and Presiding Offi-
<br />cer; disqualification, withdrawal,
<br />and reassignment.
<br />(a) Environmental Appeals Board. (1)
<br />The Environmental Appeals Board
<br />rules on appeals from the initial deci-
<br />sions, rulings and orders of a Presiding
<br />Officer in proceedings under these.Con-
<br />solidated Rules of Practice; acts as
<br />Presiding Officer until tie respondent
<br />files an answer in proceedings under
<br />these Consolidated Rules of Practice
<br />commenced at EPA Headquarters; and
<br />approves settlement of proceedings
<br />under these Consolidated Rules of
<br />Practice commenced- -at. EPA Head-
<br />quarters. The Environmental Appeals
<br />Board may refer any case or motion to
<br />the Administrator when the Environ-
<br />mental Appeals Board, in its discre-
<br />tion, deems it appropriate to do so,
<br />When an appeal or motion is referred
<br />to the Administrator by the Environ-
<br />mental Appeals Board, all parties shall
<br />be so notified and references to the En-
<br />vironmental Appeals Board in these
<br />Consolidated Rules of Practice shall be
<br />interpreted as referring to the Admin-
<br />istrator. If a case or motion is referred
<br />to the Administrator by the Environ-
<br />mental Appeals Board, the Adminis-
<br />trator may consult with any EPA em-
<br />ployee concerning the matter, provided
<br />such consultation does not violate
<br />§22.8. Motions directed to the Adminis-
<br />trator shall not be considered except
<br />for motions for disqualification pursu-
<br />ant to paragraph (d) of this section, or
<br />motions filed in matters that the Envi-
<br />ronmental Appeals Board has referrer
<br />to the Administrator.
<br />. (2) In exercising its duties and re-
<br />sponsibilities under these Consolidate(
<br />Rules of Practice, the Environmenta
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