cfr_sections
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20 rows where part_number = 78 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:18.0.1.1.7.0.1.1 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.1 Purpose and scope. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 60 FR 17132, Apr. 4, 1995; 62 FR 55488, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001; 69 FR 21644, Apr. 21, 2004; 70 FR 25338, May 12, 2005; 71 FR 25379, Apr. 28, 2006; 72 FR 59205, Oct. 19, 2007; 75 FR 75078, Dec. 1, 2010; 76 FR 48378, Aug. 8, 2011; 81 FR 74602, Oct. 26, 2016; 86 FR 23178, Apr. 30, 2021; 88 FR 36897, June 5, 2023] | (a)(1)(i) This part shall govern appeals of any final decision of the Administrator under: (A) Part 72, 73, 74, 75, 76, or 77 of this chapter; (B) Subparts A through J of part 97 of this chapter; (C) Subparts AA through II, AAA through III, or AAAA through IIII of part 96 of this chapter; subparts AA through II, AAA through III, or AAAA through IIII of part 97 of this chapter; or State regulations approved under § 51.123(o)(1) or (2) or (aa)(1) or (2) or § 51.124(o)(1) or (2) of this chapter; (D) Subpart AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, or GGGGG of part 97 of this chapter or State regulations approved under § 52.38(a)(4) or (5) or (b)(4), (5), (8), (9), (11), or (12) or § 52.39(e), (f), (h), or (i) of this chapter; or (E) Subpart RR of part 98 of this chapter. (ii) Notwithstanding paragraph (a)(1)(i) of this section, matters listed in § 78.3(d) and preliminary, procedural, or intermediate decisions, such as draft Acid Rain permits, may not be appealed. (iii) All references in paragraph (b) of this section and in § 78.3 to subparts AA through II of part 96 of this chapter, subparts AAA through III of part 96 of this chapter, and subparts AAAA through IIII of part 96 of this chapter shall be read to include the comparable provisions in State regulations approved under § 51.123(o)(1) or (2) of this chapter, § 51.124(o)(1) or (2) of this chapter, and § 51.123(aa)(1) or (2) of this chapter, respectively. (iv) All references in paragraph (b) of this section and in § 78.3 to subpart AAAAA of part 97 of this chapter, subpart BBBBB of part 97 of this chapter, subpart CCCCC of part 97 of this chapter, subpart DDDDD of part 97 of this chapter, subpart EEEEE of part 97 of this chapter, and subpart GGGGG of part 97 of this chapter shall be read to include the comparable provisions in State regulations approved under § 52.38(a)(4) or (5) of this chapter, § 52.38(b)(4) or (5) of this chapter, § 52.39(e) or (f) of this chapter, § 52.39(h) or (i) of this chapter, § 52.38(b)(8) or (9) of this chapter, and § 52.38(… | |||||
| 40:40:18.0.1.1.7.0.1.10 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.10 | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 86 FR 23180, Apr. 30, 2021] | (a)(1) No party or interested person outside EPA, representative of a party or interested person, or member of the EPA trial staff shall make, or knowingly cause to be made, to any member of the decisional body an ex parte communication on the merits of a proceeding under this part. (2) No member of the decisional body shall make, or knowingly cause to be made, to any party or interested person outside EPA, representative of a party or interested person, or member of the EPA trial staff, an ex parte communication on the merits of any proceeding under this part. (3) A member of the decisional body who receives, makes, or knowingly causes to be made an ex parte communication prohibited by paragraph (a)(1) or (2) of this section shall file with the Environmental Appeals Board (or, if the proceeding is pending before an Administrative Law Judge, with the Hearing Clerk) for inclusion in the record of the proceeding under this part any such written ex parte communications and memoranda stating the substance of any such oral ex parte communication. (b) Whenever any member of the decisional body receives an ex parte communication made, or knowingly caused to be made, by a party or representative of a party to a proceeding under this part, the person presiding over the proceedings then in progress may, to the extent consistent with justice, require the party to show good cause why its claim or interest in the proceedings should not be dismissed, denied, disregarded, or otherwise adversely affected on account of these ex parte communications. (c) The prohibitions of paragraph (a) of this section shall begin to apply upon publication by the Administrator of the notice of the filing of a petition under § 78.9. These prohibitions terminate on the date of final agency action. | |||||
| 40:40:18.0.1.1.7.0.1.11 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.11 Intervenors. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) Within 30 days (or other shorter, reasonable period established by the Administrator when giving notice) after notice is given under § 78.9 that the petition for administrative review has been filed, any person listed in § 78.3(a) may file a motion for leave to intervene in the proceeding. A motion for leave to intervene under this section shall set forth the grounds for the proposed intervention and may respond to the petition for administrative review. Late motions to intervene may be granted only for good cause shown. (b) The Environmental Appeals Board or Presiding Officer will grant a motion to intervene only upon an express finding that: (1) The motion to intervene raises matters relevant to the factual or legal issues to be reviewed; (2) The intervenor consented to be bound by all stipulations previously entered into by the existing parties, and all orders previously issued, in the proceeding; and (3) The intervention will promote the interests of justice and will not cause undue delay or prejudice to the rights of the existing parties. | |||||
| 40:40:18.0.1.1.7.0.1.12 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.12 Standard of review. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001; 69 FR 21645, Apr. 21, 2004; 70 FR 25339, May 12, 2005; 76 FR 48379, Aug. 8, 2011; 86 FR 23180, Apr. 30, 2021] | (a) On appeal of a decision of the Administrator prior to which there was an opportunity for submission of public comments or objections: (1) Except as provided under paragraph (a)(2) of this section, the petitioner shall have the burden of going forward and of persuasion to show that a finding of fact or conclusion of law underlying the decision is clearly erroneous or that an exercise of discretion or policy determination underlying the decision is arbitrary and capricious or otherwise warrants review; and (2) The owners and operators of the source or unit involved shall have the burden of persuasion that an Acid Rain permit, NO X Budget permit, CAIR permit, or other federally enforceable permit was properly issued or should be issued. (b) On appeal of a decision of the Administrator not covered by paragraph (a) of this section, the Administrator shall have the burden of going forward to show the rational basis for the decision. The petitioner shall have the burden of persuasion to show that a finding of fact or conclusion of law underlying the decision is clearly erroneous or that an exercise of discretion or policy determination underlying the decision is arbitrary and capricious or otherwise warrants review. | |||||
| 40:40:18.0.1.1.7.0.1.13 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.13 Scheduling orders and pre-hearing conferences. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 70 FR 25339, May 12, 2005; 86 FR 23180, Apr. 30, 2021] | (a) If a request for an evidentiary hearing is granted, the Presiding Officer will issue an order scheduling the following: (1) The filing by each party of a narrative statement of position on each factual issue in controversy. (2) The identification of any witness that a party expects to call and of any written testimony, documents, papers, exhibits, or other materials that a party expects to introduce into evidence. At the request of the Presiding Officer, the party shall include a brief narrative summary of any witness' expected testimony and of any such materials. (3) The filing of written testimony, in accordance with § 78.14(b), and other evidence in support of a narrative statement. (4) The filing of any motions by any party, including motions for the production of documentation, data, or other information material to the disputed facts to be addressed at the hearing. (b) The Presiding Officer may, on motion or sua sponte, schedule one or more pre-hearing conferences on the record to address any of the following: (1) Simplification, clarification, amplification, or limitation of the issues. (2) Admissions and stipulations of facts and determinations of the genuineness of documents. (3) Objections to the introduction into evidence at the hearing of any written testimony or other submissions proposed by a party; provided that at any time before the end of the hearing, any party may make, and the Presiding Officer may consider and rule upon, a motion to strike testimony or other evidence (other than evidence included in the administrative record (if any) under § 72.63 of this chapter) on the grounds of relevance, competency, or materiality. (4) Taking official notice of any matters. (5) Grouping of parties with substantially similar interests to eliminate redundant evidence, motions, objections, and briefs. (6) Such other matters that may expedite the hearing or aid in the disposition of matters in dispute. (c) The Presiding Officer will issue an order (which may be in the form of a transcript… | |||||
| 40:40:18.0.1.1.7.0.1.14 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.14 Evidentiary hearing procedure. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) If a request for an evidentiary hearing is granted, the Presiding Officer will conduct a fair and impartial hearing on the record, take action to avoid unnecessary delay in the disposition of the proceedings, and maintain order. For these purposes, the Presiding Officer may: (1) Administer oaths and affirmations. (2) Regulate the course of the hearings and prehearing conferences and govern the conduct of participants. (3) Examine witnesses. (4) Identify and refer issues for interlocutory decision under § 78.19. (5) Rule on, admit, exclude, or limit evidence. (6) Establish the time for filing motions, testimony and other written evidence, and briefs and making other filings. (7) Rule on motions and other pending procedural matters, including but not limited to motions for summary disposition in accordance with § 78.15. (8) Order that the hearing be conducted in stages whenever the number of parties is large or the issues are numerous and complex. (9) Allow direct and cross-examination of witnesses only to the extent the Presiding Officer determines that such direct and cross-examination may be necessary to resolve disputed issues of material fact; provided that no direct or cross-examination shall be allowed on questions of law or policy or regarding matters that are not subject to challenge in the evidentiary hearing. (10) Limit public access to the hearing where necessary to protect confidential business information. The Presiding Officer will provide written notice of the hearing to the parties, and where the hearing will be open to the public, notice in the Federal Register no later than 15 days (or other shorter, reasonable period established by the Presiding Officer) prior to commencement of the hearings. (11) Take any other action not inconsistent with the provisions of this part for the maintenance of order at the hearing and for the expeditious, fair and impartial conduct of the proceeding. (b) All direct and rebuttal testimony at an evidentiary hearing shall be filed in written form, … | |||||
| 40:40:18.0.1.1.7.0.1.15 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.15 Motions in evidentiary hearings. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) Any party may make a motion to the Presiding Officer on any matter relating to the evidentiary hearing in accordance with the scheduling orders issued under § 78.13. All motions shall be in writing and served as provided in § 78.4, except those made on the record during an oral hearing before the Presiding Officer. (b) Any party may make a motion for a summary disposition in its favor on any factual issue on the basis that there is no genuine issue of material fact. When a motion for summary disposition is made and supported, any party opposing the motion may not rest upon mere allegations or denials, but must show, by affidavit or by other materials subject to consideration by the Presiding Officer, that there is a genuine issue of material fact. (c) Within 10 days (or other shorter, reasonable period established by the Presiding Officer) after a motion made on the record or service of any written motion, any party may file a response to the motion. (d) The Presiding Officer may schedule an oral argument and call for the filing of briefs on any motion. The Presiding Officer will rule on the motion within a reasonable time after the date that responses to the motion may be filed under paragraph (c) of this section and that any oral argument or filing of briefs is completed. (e) If all factual issues are decided by summary disposition prior to the hearing, no hearing will be held and the Presiding Officer will issue a proposed decision under § 78.18. If a summary disposition is denied or if partial summary disposition is granted, the hearing shall proceed on the remaining issues. | |||||
| 40:40:18.0.1.1.7.0.1.16 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.16 Record of appeal proceeding. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) The proposed decision issued by the Presiding Officer, transcripts of oral hearings or oral arguments, written direct and rebuttal testimony, and any other written materials of any kind filed in the proceeding will be part of the record and will be available to the public in the office of the Hearing Clerk, subject to the requirements of part 2 of this chapter. (b) Hearings and oral arguments shall be recorded as specified by the Presiding Officer, and thereupon transcribed. After the hearing or oral argument, the reporter will certify and file with the Hearing Clerk: (1) The original transcript; and (2) Any exhibits received or offered into evidence at the hearing. (c) The Hearing Clerk will promptly give written notice to the parties when any transcript is available. Any party that desires a copy of the transcript may obtain a copy upon payment of costs. (d) The Presiding Officer will allow witnesses, parties, and their counsel or representatives: (1) Up to 7 days (or other shorter, reasonable period established by the Presiding Officer) from issuance of the notice under paragraph (c) of this section in order to file written proposed corrections of the transcript necessary to correct errors made in the transcribing; and (2) Up to 7 days (or other shorter, reasonable period established by the Presiding Officer) from the submission of the corrections in order to file objections to the proposed corrections. (e) The Presiding Officer will determine which, if any, corrections should be made to the transcript and incorporate them into the record. | |||||
| 40:40:18.0.1.1.7.0.1.17 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.17 Proposed findings and conclusions and supporting brief. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | Within 45 days (or other shorter, reasonable period established by the Presiding Officer) after issuance of a notice under § 78.16(c) that the complete transcript of the evidentiary hearing is available, any party may file with the Hearing Clerk proposed findings and conclusions on the issues referred to the Presiding Officer and a brief in support thereof. Briefs shall contain appropriate references to the record. The Presiding Officer may allow reply briefs. | |||||
| 40:40:18.0.1.1.7.0.1.18 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.18 Proposed decision. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23181, Apr. 30, 2021] | (a) The Presiding Officer will review and evaluate the record, including the proposed findings and conclusions and any briefs filed by the parties, and issue a proposed decision on the factual, policy, and legal issues referred by the Environmental Appeals Board for decision under § 78.6(b)(2)(ii), accompanied by findings of fact and proposed conclusions of law, as appropriate, within a reasonable time after the evidentiary hearing is completed. The Hearing Clerk will promptly serve copies of the proposed decision on all parties and on the Environmental Appeals Board. (b) The proposed decision of the Presiding Officer shall become the final agency action under section 307 of the Act unless: (1) A party files objections with the Environmental Appeals Board pursuant to § 78.20(a), or (2) The Environmental Appeals Board sua sponte files a notice that it will review the decision under § 78.20(b). | |||||
| 40:40:18.0.1.1.7.0.1.19 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.19 Interlocutory appeal. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 86 FR 23181, Apr. 30, 2021] | (a) Interlocutory appeal from orders or rulings of the Presiding Officer made during the course of a proceeding may be taken if the Presiding Officer certifies those orders or rulings to the Environmental Appeals Board for interlocutory appeal on the record. Any requests to the Presiding Officer to certify an interlocutory appeal shall be filed within 10 days of notice of the order or ruling and shall state briefly the grounds for the request. (b)(1) Within 15 days of the filing of any request for interlocutory appeal, the Presiding Officer may certify an order or ruling for interlocutory appeal to the Environmental Appeals Board if: (i) The order or ruling involves an important question on which there is substantial ground for difference of opinion, and (ii) Either: (A) An immediate appeal of the order or ruling will materially advance the ultimate completion of the proceeding, or (B) A review after the proceeding is completed will be inadequate or ineffective. (2) If the Presiding Officer takes no action within 15 days of the filing of a request for interlocutory appeal, the request shall be automatically dismissed without prejudice. (c) If the Presiding Officer grants certification, the Environmental Appeals Board may accept or decline the interlocutory appeal within 30 days of certification. If the Environmental Appeals Board decides that certification was improperly granted, it will decline to hear the interlocutory appeal. If the Environmental Appeals Board takes no action within 30 days of certification, the interlocutory appeal shall be automatically dismissed without prejudice. (d) If the Presiding Officer declines to certify an order or ruling for an interlocutory appeal, the order or ruling may be reviewed by the Environmental Appeals Board only upon an appeal of the proposed decision following completion of the proceedings before the Presiding Officer, except when the Environmental Appeals Board determines, upon motion of a party and in exceptional circumstances, that to delay review would not… | |||||
| 40:40:18.0.1.1.7.0.1.2 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.2 General. | EPA | [76 FR 48379, Aug. 8, 2011, as amended at 86 FR 23179, Apr. 30, 2021] | (a) Definitions. (1) The terms used in this part with regard to a decision of the Administrator that is appealed under this part shall have the meanings as set forth in the regulations under which the Administrator made such decision and as set forth in paragraph (a)(2) of this section and § 72.2 of this chapter. (2) Interested person means, with regard to a decision of the Administrator: (i) Any person who submitted comments, or testified at a public hearing, pursuant to an opportunity for comment provided by the Administrator as part of the process of making such decision; (ii) Any person who submitted objections pursuant to an opportunity for objections provided by the Administrator as part of the process of making such decision; or (iii) Any person who submitted, to the Administrator and in a format prescribed by the Administrator, his or her name, service address, telephone number, and facsimile number and identified such decision in order to be placed on a list of persons interested in such decision; (iv) Provided that the Administrator may update the list of interested persons from time to time by requesting additional written indication of continued interest from the persons listed and may delete from the list the name of any person failing to respond as requested. (b) Availability of information. The availability to the public of information provided to, or otherwise obtained by, the Administrator under this part shall be governed by part 2 of this chapter. (c) Computation of time. (1) In computing any period of time prescribed or allowed under this part, except as otherwise provided, the day of the event from which the period begins to run shall not be included, and Saturdays, Sundays, and federal holidays shall be included. When the period ends on a Saturday, Sunday, or federal holiday, the stated period shall be extended to include the next business day. (2) Where a document is served by first class mail or commercial delivery service, but not by overnight or same-day delivery, 5 days … | |||||
| 40:40:18.0.1.1.7.0.1.20 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.20 Appeal of decision of Administrator or proposed decision to the Environmental Appeals Board. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23181, Apr. 30, 2021] | (a) Within 30 days after the issuance of a proposed decision by a Presiding Officer under this part, any party may appeal any matter set forth in the proposed decision, or any other order or ruling made during the proceeding to which the party objected during the proceeding before the Presiding Officer, by filing an objection with the Environmental Appeals Board. On appeal of an order, ruling, or proposed decision of a Presiding Officer: (1) The party filing the objection shall have the burden of going forward to show that the order, ruling, or proposed decision is based on a finding of fact or conclusion of law that is clearly erroneous; or a policy determination or exercise of discretion that is arbitrary and capricious or otherwise warrants review; and (2) The petitioner or the owners and operators shall have the burden of persuasion, as set forth in § 78.12(a)(1) and (2). (b) Within 45 days (or other shorter, reasonable period established by the Environmental Appeals Board) after issuance of a proposed decision of a Presiding Officer, the Environmental Appeals Board may issue sua sponte in its discretion a notice of intent to review such proposed decision. The Environmental Appeals Board will serve such notice upon all parties to the proceeding. (c) Within a reasonable time following the filing of a petition for administrative review of a decision of the Administrator under § 78.3, or, if any issues raised by such petition are referred to the Presiding Officer, the filing of objections under paragraph (a) of this section or the issuance of a notice of intent to review under paragraph (b) of this section, the Environmental Appeals Board will issue an order affirming, reversing, modifying, or remanding the decision or proposed decision, as appropriate. Prior to issuing this order, the Environmental Appeals Board may provide an opportunity for parties to file additional briefs. (d) If the Environmental Appeals Board issues an order affirming, reversing, or modifying the decision of the Administrator, then… | |||||
| 40:40:18.0.1.1.7.0.1.3 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.3 Petition for administrative review and request for evidentiary hearing. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 60 FR 17132, Apr. 4, 1995; 62 FR 55488, Oct. 24, 1997; 69 FR 21645, Apr. 21, 2004; 70 FR 25338, May 12, 2005; 71 FR 25379, Apr. 28, 2006; 75 FR 75078, Dec. 1, 2010; 76 FR 48379, Aug. 8, 2011; 81 FR 74603, Oct. 26, 2016; 86 FR 23179, Apr. 30, 2021] | (a)(1) The following persons may petition for administrative review of a decision of the Administrator that is made under parts 72, 73, 74, 75, 76, and 77 of this chapter and that is appealable under § 78.1(a): (i) The designated representative for a unit or source covered by the decision or the authorized account representative for any Allowance Tracking System account covered by the decision; or (ii) Any interested person with regard to the decision. (2) The following persons may petition for administrative review of a decision of the Administrator that is made under subparts A through J of part 97 of this chapter and that is appealable under § 78.1(a): (i) The NO X authorized account representative for a unit or source covered by the decision or any NO X Allowance Tracking System account covered by the decision; or (ii) Any interested person with regard to the decision. (3) The following persons may petition for administrative review of a decision of the Administrator that is made under subparts AA through II, AAA through III, or AAAA through IIII of part 96 of this chapter or subparts AA through II, AAA through III, or AAAA through IIII of part 97 of this chapter and that is appealable under § 78.1(a): (i) The CAIR designated representative for a unit or source covered by the decision or the CAIR authorized account representative for any CAIR NO X Allowance Tracking System account, CAIR SO 2 Allowance Tracking System account, or CAIR NO X Ozone Season Allowance Tracking System account covered by the decision; or (ii) Any interested person with regard to the decision. (4) The following persons may petition for administrative review of a decision of the Administrator that is made under subpart AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, or GGGGG of part 97 of this chapter and that is appealable under § 78.1(a): (i) The designated representative for a unit or source covered by the decision or the authorized account representative for any Allowance Management System account covered by the decision; o… | |||||
| 40:40:18.0.1.1.7.0.1.4 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.4 Filings. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 62 FR 66279, Dec. 18, 1997; 69 FR 21645, Apr. 21, 2004; 70 FR 25339, May 12, 2005; 75 FR 75078, Dec. 1, 2010; 76 FR 48379, Aug. 8, 2011; 81 FR 74603, Oct. 26, 2016; 86 FR 23180, Apr. 30, 2021] | (a)(1) All original filings made under this part shall be signed by the person making the filing or by an attorney or authorized representative, in accordance with the following requirements: (i)(A) Any filings on behalf of owners and operators of an affected unit or affected source under parts 72, 73, 74, 75, 76, and 77 of this chapter shall be signed by the designated representative. (B) Any filings on behalf of persons with an ownership interest with respect to allowances in a general account under parts 72, 73, 74, 75, 76, and 77 of this chapter shall be signed by the authorized account representative. (ii)(A) Any filings on behalf of owners and operators of a NO X Budget unit or NO X Budget source shall be signed by the NO X authorized account representative. (B) Any filings on behalf of persons with an ownership interest with respect to NO X allowances in a general account shall be signed by the NO X authorized account representative. (iii)(A) Any filings on behalf of owners and operators of a CAIR NO X unit or CAIR NO X source, CAIR SO 2 unit or CAIR SO 2 source, or CAIR NO X Ozone Season unit or CAIR NO X Ozone Season source shall be signed by the CAIR designated representative. (B) Any filings on behalf of persons with an ownership interest with respect to CAIR NO X allowances, CAIR SO 2 allowances, or CAIR NO X Ozone Season allowances in a general account shall be signed by the CAIR authorized account representative. (iv)(A) Any filings on behalf of owners and operators of a CSAPR NO X Annual unit or CSAPR NO X Annual source, CSAPR NO X Ozone Season Group 1 unit or CSAPR NO X Ozone Season Group 1 source, CSAPR NO X Ozone Season Group 2 unit or CSAPR NO X Ozone Season Group 2 source, CSAPR NO X Ozone Season Group 3 unit or CSAPR NO X Ozone Season Group 3 source, CSAPR SO 2 Group 1 unit or CSAPR SO 2 Group 1 source, CSAPR SO 2 Group 2 unit or CSAPR SO 2 Group 2 source, or Texas SO 2 Trading Program unit or Texas SO 2 Trading Program source shall be signed by the designat… | |||||
| 40:40:18.0.1.1.7.0.1.5 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.5 Limitation on filing or presenting new evidence and raising new issues. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 70 FR 25339, May 12, 2005; 76 FR 48379, Aug. 8, 2011; 86 FR 23180, Apr. 30, 2021] | (a) Where there was an opportunity for submission of public comments or objections prior to the decision that is subject to appeal, no evidence shall be filed or presented, and no issues raised, in a proceeding under this part that were not filed, presented, or raised during the period for submission of public comments or objections, absent a showing of good cause explaining the party's failure to do so during the period for submission of public comments or objections. Good cause shall include any instance where the party seeking to file or present new evidence or raise a new issue shows that the evidence could not have reasonably been ascertained, filed, or presented or the issue could not have reasonably been ascertained or raised, or that the materiality of the new evidence or issue could not have reasonably been anticipated, prior to the close of the period for submission of public comments or objections. (b) If an evidentiary hearing is granted, no evidence shall be filed or presented on questions of law or policy or on matters not subject to challenge in the evidentiary hearing. | |||||
| 40:40:18.0.1.1.7.0.1.6 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.6 Action on petition for administrative review. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 86 FR 23180, Apr. 30, 2021] | (a) If no evidentiary hearing concerning the petition for review is requested or is to be held, the Environmental Appeals Board will issue an order under § 78.20(c). (b)(1) The Environmental Appeals Board may grant a request for an evidentiary hearing, or schedule an evidentiary hearing sua sponte, if the Environmental Appeals Board finds that there are disputed issues of fact material to contested portions of the decision and determines, in its discretion, that an opportunity for direct- and cross-examination of witnesses may be necessary in order to resolve these factual issues. (2) To the extent the Environmental Appeals Board grants a request for an evidentiary hearing, in whole or in part: (i) It will identify the portions of the decision that have been contested and the disputed factual issues that have been raised by the petitioner with regard to which the evidentiary hearing has been granted; and (ii) It will refer the disputed factual issues to the Chief Administrative Law Judge for decision and, in its discretion, may also refer all or a portion of the remaining legal, policy, or factual issues to the Chief Administrative Law Judge for decision. (3)(i) After issues are referred to the Chief Administrative Law Judge, he or she will designate an Administrative Law Judge as Presiding Officer to conduct the evidentiary hearing. (ii) Notwithstanding paragraph (b)(3)(i) of this section, if all parties waive in writing their right to have an Administrative Law Judge designated as the Presiding Officer, the Administrator may designate a lawyer permanently or temporarily employed by EPA and without any prior connection with the proceeding to serve as Presiding Officer. | |||||
| 40:40:18.0.1.1.7.0.1.7 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.7 [Reserved] | EPA | |||||||
| 40:40:18.0.1.1.7.0.1.8 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.8 Consolidation and severance of appeals proceedings. | EPA | (a) The Environmental Appeals Board or Presiding Officer has the discretion to consolidate, in whole or in part, two or more proceedings under this part whenever it appears that a joint proceeding on any or all of the matters at issue in the proceedings will be in the interest of justice, will expedite or simplify consideration of the issues, and will not prejudice any party. Consolidation of proceedings under this paragraph (a) will not affect the right of any party to raise issues that might have been raised had there been no consolidation. (b) The Environmental Appeals Board or Presiding Officer has the discretion to sever issues or parties from a proceeding under this part whenever it appears that separate proceedings will be in the interest of justice, will expedite or simplify consideration of the issues, and will not prejudice any party. | ||||||
| 40:40:18.0.1.1.7.0.1.9 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.9 Notice of the filing of petition for administrative review. | EPA | The Administrator will publish in the Federal Register a notice stating that a petition for administrative review of a decision of the Administrator has been filed and specifying any request in the petition for an evidentiary hearing. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);