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22 .5 40.CFR Ch. 1 (7-1-05 Edition)
<br />(B) Where respondent is an agency of signed by the party filing or by its at-
<br />the United States complainant shall
<br />serve that agency as provided by that torney , or other representative. The
<br />signature constitutes a representation
<br />agency's regulations; or in the absence by the signer that he has read the doc-
<br />of controlling regulation; as otherwise ument, that to the best of his knowl-
<br />permitted by law. Complainant- should edge, information and belief, the state=
<br />also provide a copy of the complaint to ments 'made therein are true, and that
<br />.
<br />the senior executive official having re- it is not interposed for. delay.
<br />sponsibility for the overall operations (4) The first document filed by any
<br />of the geographical unit where the al- person shall contain the name, address,
<br />leged violations arose. If the agency is and telephone number of an individual
<br />a corporation, the complaint shall be authorized to receive service relating
<br />served as prescribed in paragraph to the proceeding. Parties shall
<br />(b)(1)(li)(A) of this section. promptly file any changes in this infor-
<br />(C) Where respondent is a State or mation with the Regional Hearing
<br />local unit of government, agency, de- Clerk, and serve copies on the Prey
<br />partment, corporation or other instru- aiding Officer and all parties to the
<br />mentality, complainant shall serve the proceeding. If a party fails to furnish
<br />chief executive officer thereof, or as such information and any changes
<br />otherwise permitted.by law. Where re- thereto, service to the party's last
<br />spondent is a State or local officer, known address shall satisfy the re-
<br />complainant shall serve.auch officer. quirements of paragraph (b)(2) of this
<br />(iii) Proof,of service of the complaint section and §22.6.
<br />shall. be made by affidavit of the person (6) The Environmental Appeals Board
<br />making personal service, or by prop- or the Presiding Officer may exclude
<br />erly executed receipt. Such proof of from the record any document which
<br />service shall be filed with the Regional does not comply with this section.
<br />Hearing Clerk -immediately upon com- Written notice of such exclusion, stat-
<br />pletion•of service. ing the reasons therefor, shall be
<br />(2) Service of filed documents other than promptly given to the person submit-
<br />the complaint, rulings, orders, and deci- ting• the document. Such person may
<br />soons. All filed documents other than amend and resubmit any excluded doc--
<br />the complaint, rulings, orders, and de- ument upon motion granted by the En,
<br />cisions shall be served personally, by vironmental Appeals Board or the Pre
<br />first class mail (including certified siding Officer, as appropriate.
<br />mail, return receipt requested, Over- (d) Confidentiality of business informa-
<br />Express and Priority Mail), or by tio person who wishes t assert
<br />erv-.
<br />delivery s
<br />commercial
<br />e
<br />any.reliabl a business confidentiality claim with
<br />ice. The Pe P
<br />Enyi-
<br />Officer the
<br />residing
<br />ice. T regard to any information contained in
<br />
<br />by order er
<br />ronmental Appeals Board may
<br />any document to be filed in a pro-
<br />authorize facsimile or electronic serv- ceeding under these Consolidated Rules
<br />ice, subject to any appropriate condi- of Practice shall assert such a claim in
<br />Lions and ]imitations. accordance with 40 CFR part 2 at the
<br />(c) Form of documents. (1) Except as . time that the document is filed. A doc-
<br />provided in this section,'or by order of claim of business
<br />without
<br />ument filed
<br />a l
<br />the Presiding Officer or of the Environ- available to
<br />shall
<br />confidentiality
<br />mental Appeals Board there are spe- the public for inspection and copying.
<br />as to the form of
<br />cific (2) Two versions of any document
<br />
<br />documents.
<br />ocuments.
<br />d
<br />(2) The first.page of every filed docu-
<br />
<br />which contains information claimed
<br />confidential shall be filed with the Re-
<br />ment shall contain a caption identi-
<br />fying the respondent and the docket gional Hearing Clerk:
<br />(i) One version of the document shall
<br />number. All legal briefs and legal
<br />than 20 pages in .
<br />contain the information claimed con-
<br />memoranda greater
<br />length (excluding attachments) shall fidential. The cover page shall include
<br />contain a table of contents and a table the information required under para-
<br />of authorities with page references. graph (c)(2) of this section and the
<br />ords "Business Confidentiality As-
<br />(3) The original of any filed docu-
<br />ment (other. than exhibits) shall be w
<br />served". The specific portion(s) alleged
<br />n IfP
<br />Environmental Protection Agency
<br />to be confidential shall be clearly iden-
<br />tified within the document.
<br />(11) A second. version of the document
<br />shall contain all information -except
<br />the specific information claimed con-
<br />fidential, which shall be redacted and
<br />replaced with notes indicating. the- na-
<br />ture of the information redacted. The
<br />cover page shall state that information
<br />claimed confidential has been deleted
<br />and that a complete copy of the docu-
<br />ment containing the information
<br />claimed confidential has been filed
<br />with the Regional Hearing Clerk.
<br />(3) Both versions of the document
<br />shall be served on the Presiding Officer
<br />and the complainant. Both versions of
<br />the document shall be served on any
<br />party, non-party participant, or rep-
<br />resentative thereof, authorized to re-
<br />ceive the information claimed con-
<br />fidential by the person making the
<br />claim of confidentiality. Only the re-
<br />dacted version shall be served on per-
<br />sons not authorized to receive the con-
<br />fidential information.
<br />(4) Only the second, redacted version
<br />shall be treated as public information:
<br />An EPA officer or employee may dis-
<br />close information claimed confidential
<br />in accordance with paragraph (d)(1) of
<br />this section only as authorized under 40
<br />CFA part 2.
<br />(64 FR 40176, July 23, 1999, as amended at 69
<br />FR 77639, Dec. 28, 2004]
<br />§22.6 Filing and service of rulings, or-
<br />ders and decisions.
<br />All rulings; orders, decisions, and
<br />other documents issued by the Re-
<br />gional Administrator or Presiding Offi-
<br />cer shall be filed with the. Regional
<br />Hearing Clerk. All such documents
<br />issued by the Environmental Appeals
<br />Board shall be filed with the Clerk of
<br />the Board. Copies of such rulings, or-
<br />ders, decisions or other documents
<br />shall be served personally, by first
<br />class mail (including by certified mail
<br />or return receipt requested, Overnight
<br />Express and Priority Mail), by EPA's
<br />internal mail, or any reliable commen.
<br />cial delivery service, upon all parties
<br />by the Clerk of the Environmental Ap-
<br />peals Board, the Office of Administra-
<br />tive.Law Judges or the Regional Hear-
<br />ing Clerk, as appropriate.
<br />§ 22:8
<br />§22.7 Computation and extension of
<br />time.
<br />(a) Computation. In computing any
<br />period of time prescribed or allowed in
<br />these. Consolidated Rules of Practice,
<br />except as-otherwise provided, the day
<br />of the event from .which the designated
<br />period begins to run shall not be in-
<br />cluded. Saturdays, Sundays,' and Fed-
<br />eral holidays shall be included. When a
<br />stated time expires on a Saturday,
<br />Sunday or Federal holiday, the stated
<br />time period shall be extended to in-
<br />clude the next business day.
<br />(b) Extensions of time.,The Environ-
<br />mental Appeals Board or the Presiding
<br />Officer may grant an extension of time
<br />for filing any document: upon timely
<br />motion of a party to the proceeding,
<br />for good cause shown, and after consid-
<br />-eration.of prejudice to other parties; or
<br />upon its own initiative. Any motion for
<br />an extension of time shall be filed suf-
<br />ficiently in advance of the due date so
<br />as to allow other parties reasonable op-
<br />portunity to respond and to allow the
<br />Presiding Officer or Environmental Ap-
<br />peals Board reasonable opportunity to
<br />issue an order.
<br />. (c) Service by mail or commercial deliv-
<br />ery service. Service of the complaint is
<br />complete when the return receipt is
<br />signed. Service of all other documents
<br />is complete upon mailing or when
<br />placed in the custody of a reliable com-
<br />mercial delivery service. Where a docu-
<br />ment is served by first class mail or
<br />commercial delivery service, but not
<br />by overnight or same-day. delivery, b
<br />days shall be added to the time allowed
<br />by these Consolidated Rules of Practice
<br />for the filing of a responsive document.
<br />§.22.8 Ex parte discussion of pro-
<br />ceeding.
<br />At no time. after the issuance of the
<br />complaint shall the Administrator, the
<br />members of the Environmental Appeals
<br />Board, the Regional Administrator, the
<br />Presiding Officer or any. other person
<br />who is likely to advise these officials
<br />on any decision in the proceeding, dis-
<br />cuss ex parte the merits of the. pro-
<br />ceeding with any interested person out-
<br />side the Agency, with any Agency staff
<br />member who performs a prosecutorial
<br />or investigative function in such pro-
<br />ceeding or a factually related pro-
<br />ceeding, or with any representative of
<br />247
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