[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.131]

[Page 181-182]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164--RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 
 
Subpart D--Rules of Practice for Applications Under Sections 3 and 18 To 
            Modify Previous Cancellation or Suspension Orders
 
Sec. 164.131  Review by Administrator.

    (a) The Administrator will review applications subject to this 
subpart D and supporting data submitted by the applicant to determine 
whether reconsideration of the Administrator's prior cancellation or 
suspension order is warranted. The Administrator shall determine that 
such reconsideration is warranted when he finds that: (1) The applicant 
has presented substantial new evidence which may materially affect the 
prior cancellation or suspension order and which was not available to 
the Administrator at the time he

[[Page 182]]

made his final cancellation or suspension determination and (2) such 
evidence could not, through the exercise of due diligence, have been 
discovered by the parties to the cancellation or suspension proceeding 
prior to the issuance of the final order.
    (b) If after review of the application and other supporting data 
submitted by the applicant, the Administrator determines, in accordance 
with paragraph (a) of this section, that reconsideration of his prior 
order is not warranted, then the application will be denied without 
requirement for an administrative hearing. The Administrator shall 
publish notice in the Federal Register of the denial briefly describing 
the basis for his determination as soon as practicable. Such denial 
shall constitute final agency action.
    (c) If after review of the application and other supporting data 
submitted by the applicant, the Administrator determines, in accordance 
with paragraph (a) of this section, that reconsideration of his prior 
order is warranted, he will then publish notice in the Federal Register 
setting forth his determination and briefly describing the basis for the 
determination. Such notice shall announce that a formal public hearing 
will be held in accordance with 5 U.S.C. section 554. The notice shall 
specify: (1) The date on which the hearing will begin and end, (2) the 
issues of fact and law to be adjudicated at the hearing, (3) the date on 
which the presiding officer shall submit his recommendations, including 
findings of fact and conclusions, to the Administrator, and (4) the date 
on which a decision by the Administrator is anticipated.