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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