[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.6]

[Page 168-169]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                           Subpart A--General
 
Sec. 164.6  Time.

    (a) Computation. In computing any period of time prescribed or 
allowed by these rules, except as otherwise provided, the day of the 
act, event, or default from which the designated period of time begins 
to run shall not be included. Saturdays, Sundays, and legal holidays 
shall be included in computing the time allowed for the filing of any 
document or paper, except that when such time expires on a Saturday, 
Sunday, or legal holiday, such period shall be extended to include the 
next following business day.
    (b) Enlargement. When by these rules or by order of the 
Administrative Law Judge, the Presiding Officer, or the Environmental 
Appeals Board, an act is required or allowed to be done at or within a 
specified time, the Administrative Law Judge (before his initial 
decision is filed), or the Presiding Officer (before his recommended 
decision is filed), or the Environmental Appeals Board (after the 
Administrative Law Judge's initial decision or the presiding officer's 
recommended decision is filed), for cause shown may at any time in their 
discretion: with or without motion or notice, order the period enlarged 
if request therefor, which may be made ex parte, is made before the 
expiration of the period originally prescribed or as extended by a 
previous order; or on motion made after the expiration of the specified 
period, permit the act to be done where the failure to act was the 
result of excusable neglect. In this connection, consideration shall be 
given to the fact that, under the provisions of the act, the 
Administrator must issue his order not later than 90 days after the 
completion of the hearing, unless all parties agree by stipulation to 
extend this period of time pursuant to Sec. 164.103.
    (c) Additional time after service by mail. A prescribed period of 
time within which a party is required or permitted to do an act shall be 
computed from the time of service, except that when the service is made 
by mail, 3 days shall be added to the prescribed period. Such addition 
for service by mail shall not apply in the case of filing initial 
requests for hearings or responding to a notice of intent to hold a 
hearing, in which cases statutory filing times will

[[Page 169]]

run from the date of the return receipt pursuant to Sec. 164.8.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992]