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§ 22.32
<br />(2) A motion for reconsideration pur-
<br />suant to §22.32 shall not toll the 30-day
<br />period described in paragraph (e)(1) of
<br />this section unless specifically'so or-
<br />dered by the Environmental Appeals
<br />Board.
<br />§22.32 Motion to reconsider a final
<br />order.
<br />Motions to reconsider a final order
<br />issued pursuant to §22.30 shall be filed.
<br />within 10 days after service of the final
<br />order. Motions must set forth the mat-
<br />ters claimed to have been erroneously
<br />decided and the nature of the alleged
<br />errors. Motions for reconsideration
<br />under this provision shall be directed
<br />to, and decided by, the Environmental
<br />Appeals Board. Motions for reconsider-
<br />ation directed to the Administrator;
<br />rather than to the Environmental Ap-
<br />peals Board, will not be considered, ex-
<br />cept in cases that -the Environmental
<br />Appeals Board has -referred' to the Ad-
<br />ministrator. pursuant to §22.4(a) and in
<br />which .the Administrator has issued the
<br />final order. A motion for reconsider-
<br />ation shall not stay the effective date
<br />of the final order'unlesa so ordered by
<br />the Environmental Appeals Board.
<br />Subpart H=Supplemental Rules
<br />§ 22.33 [Reserved]
<br />§22.34 Supplemental rules governing
<br />the administrative assessment of
<br />civil penalties under the Clean Air
<br />Act.
<br />(a) Scope. This section shall apply, in
<br />conjunction with §§22.1 through 22.32,
<br />in administrative proceedings to assess
<br />a civil penalty conducted. under sec-
<br />tions 113(d), 205(c), 211(d), and 213(d) of
<br />the Clean Air Act, as amended (42
<br />U.S.C.. 7413(d), 7524(c), 7645(d), and
<br />7547(d)). Whera: inconsistencies exist be-
<br />tween this .section and §§22.1 through
<br />22.32, this section shall apply.
<br />(b) Issuance of notice. Prior to the
<br />issuance of a final order assessing a
<br />civil penalty, the person to whom the
<br />order is to be issued shall be given
<br />written notice of the proposed issuance
<br />of the order. Service of a complaint or
<br />a consent agreement and final order
<br />pursuant to §22.13 satisfies this notice
<br />requirement.
<br />40 CFR Ch. 1 (7-1-05 Edition)
<br />§22.85 Supplemental rules governing
<br />the administrative assessment of
<br />civil penalties under the Federal In-
<br />secticide, Fungicide, and
<br />Rodenticide Act.
<br />(a) Scope. This section shall apply, in
<br />conjunction with §§22.1 through 22.32,
<br />in administrative proceedings to assess
<br />a civil penalty conducted under section
<br />14(a) of the Federal Insecticide, Fun-
<br />gicide, and Rodenticide. Act as amend-.
<br />ed (7 U.S.C. 1361(a)). Where inconsist-
<br />encies exist between this section and
<br />§§22.1 through 22.32, this section shall
<br />apply. .
<br />(b) Venue. The prehearing conference
<br />and the hearing shall be held in the
<br />county, parish, or incorporated city of
<br />the residence of the person charged,
<br />unless otherwise agreed in writing by
<br />all parties. For a person whose resi-
<br />dence is outside the. United States and
<br />outside any territory or possession of
<br />the United States, the prehearing con-
<br />ference and the hearing shall be held at
<br />the EPA office listed at 40 CFR 1.7 that
<br />is -closest to either the person's pri-
<br />mary place of business within the
<br />United States, or the primary place of
<br />business of the person's U.S. agent, un-
<br />less otherwise agreed by all parties.
<br />§ 22.36 [Reserved]
<br />§ 22.37 Supplemental rules governing
<br />administrative proceedings under
<br />the Solid Waste Disposal Act.
<br />(a) Scope. This section shall apply, in
<br />conjunction with §§22.1 through 22.32,
<br />in administrative proceedings under
<br />sections 3005(d) and (e), 3008, 9003 and
<br />9006 of the Solid Waste Disposal Act (42
<br />U..S.C. 6925(d) and (e), 6928,,6991b and
<br />6991e) ("SWDA"). Where inconsist-
<br />encies exist between this section and
<br />§§22,1 through 22.32, this section shall
<br />apply
<br />(b) Corrective action and compliance or-
<br />ders. A complaint may contain a com-
<br />pliance order issued- under section
<br />3008(a) or section 9006(a), or a correc-
<br />tive action order issued under section
<br />3008(h) or section 9003(h)(4) of the
<br />SWDA. Any such order shall automati-
<br />cally become a final order unless, no
<br />later than 30 days after the order is
<br />served, the respondent requests a hear-
<br />ing pursuant to §22.15.
<br />Environmental Protection Agency
<br />§22.38 Supplemental rules of practice
<br />governing the administrative as-
<br />sessment of civil penalties under
<br />the Clean Water Act.
<br />(a) Scope. This section shall apply, in
<br />conjunction with §§22.1 through 22.32
<br />and §22.45, in administrative pro-
<br />ceedings for the asisessment of any civil
<br />penalty under section 309(8) or section
<br />311(b)(6) of the Clean Water Act
<br />("CWA")(33 U.S.C. 1319(8) and
<br />1321(b)(6)). Where inconsistencies exist
<br />between this section and §§ 22.1_ through
<br />22.32, this section shall apply.
<br />(b) Consultation with States. For pro-
<br />ceedings pursuant to section 309(8), the
<br />complainant. shall provide the State
<br />agency with the most direct authority
<br />over the matters at issue in the case an
<br />opportunity to consult with the com-
<br />plainant. Complainant shall notify the
<br />State agency within 30 days following
<br />proof of service of the complaint on the
<br />respondent or, in the case of a pro-
<br />ceeding proposed to be commenced pur-
<br />suant to §22.13(b), no less. than 40 days
<br />before the issuance of an order assess-
<br />ing a civil penalty.
<br />. (c) Administrative procedure and judi-
<br />cial review. Action of the. Administrator
<br />for which review could have been ob-
<br />tained under section 509(b)(1) of the
<br />CWA, 33 U.S.C. 1369(b)(1), shall not be
<br />subject to review in an administrative
<br />proceeding for the assessment of a civil
<br />penalty under section 309(8) or section
<br />311(b)(6).
<br />§ 22.41
<br />Lion for judicial review of such .order
<br />with the United States Court of Ap-
<br />peals for the District of Columbia or
<br />for any other circuit in which such per-
<br />son -resides or transacts business. Any
<br />person who requested a hearing with
<br />respect to a Class I civil penalty under
<br />section 109(a)(4) .. of CERCLA, 42 U.S.C.
<br />9609(a)(4), and who is the recipient of a
<br />final order assessing the civil penalty
<br />may file a petition for judicial 'review
<br />of such order with the appropriate dis-
<br />trict court. of the United States: All pe-
<br />titions must-be filed within 30 days of
<br />the date the order making the assess-
<br />ment was served on the parties.
<br />(c) Payment of civil penalty assessed.
<br />Payment of civil penalties assessed in
<br />the final order shall be made by for-
<br />warding. a cashier's check, payable to
<br />the "EPA, Hazardous Substances
<br />Superfund," in the amount assessed,
<br />and noting the case title and docket
<br />.number, to the appropriate regional
<br />Superfund Lockbox Depository:
<br />§ 22.40 [Reserved]
<br />§22.41 Supplemental rules governing
<br />the administrative assessment of
<br />civil penalties under Title II of the
<br />Toxic Substance Control Act, en-
<br />acted. as section 2. of the Asbestos
<br />Hazard Emergency Response. Act
<br />(AHERA).
<br />(a) Scope. This section shall apply, in
<br />conjunction with §§22.1 through 22.32,
<br />in administrative proceedings to assess
<br />a civil penalty conducted under section
<br />207 of the Toxic Substances Control
<br />Act ("TSCA") (15 V.S.C. 2647). Where
<br />inconsistencies exist between this sec-
<br />tion and §§22.1 through 22.32, this sec-
<br />tion shall apply.
<br />(b) Collection of civil penalty. Any civil
<br />penalty collected under TSCA section
<br />207 shall be used by the local edu-
<br />cational agency for purposes of com-
<br />plying with Title H of TSCA. Any por-
<br />tion of a civil penalty remaining
<br />unspent after a local educational agen-
<br />cy achieves compliance shall:be depos-
<br />ited into the Asbestos Trust Fund es-
<br />tablished under section 5 of AHERA.
<br />i § 22.39 Supplemental rules governing
<br />the administrative assessment of
<br />civil penalties under section 109 of
<br />the Comprehensive Environmental
<br />Response, . Compensation, and Li-
<br />i ability Act of 1980, as amended. .
<br />i
<br />(a) Scope. This section shall apply, in
<br />conjunction with §§22.10 through 22.32,
<br />in administrative proceedings for the
<br />assessment of any civil penalty under
<br />section 109 of the Comprehensive Envi-
<br />ronmental Response, Compensation,
<br />and Liability Act of 1980, as amended
<br />(42 U.S.C. • 9609). Where inconsistencies
<br />exist between this section and §§22.1
<br />through 22.32, this section shall apply.
<br />(b) Judicial review. Any person who re-
<br />quested a hearing with respect to a
<br />{ Class Il civil penalty under section
<br />109(b) of CERCLA, 42 U.S.C. 9609(b), and
<br />who is the recipient of a final order as-
<br />sessing a civil penalty may file a pets-
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