[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR222.12]

[Page 198]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 222--ACTION ON OCEAN DUMPING PERMIT APPLICATIONS UNDER SECTION 102 
OF THE ACT--Table of Contents
 
Sec. 222.12  Appeal to Administrator.

    (a)(1) The Administrator delegates to the Environmental Appeals 
Board authority to issue final decisions in appeals filed under this 
part. An appeal directed to the Administrator, rather than to the 
Environmental Appeals Board, will not be considered. This delegation of 
authority to the Environmental Appeals Board does not preclude the 
Environmental Appeals Board from referring an appeal or a motion filed 
under this part to the Administrator for decision when the Environmental 
Appeals Board, in its discretion, deems it appropriate to do so. When an 
appeal or motion to referred to the Administrator, all parties shall be 
so notified and the rules in this section referring to the Environmental 
Appeals Board shall be interpreted as referring to the Administrator.
    (2) Within 10 days following receipt of the determination of the 
Regional Administrator pursuant to paragraph (f)(2) of Sec. 222.11, any 
party to an adjudicatory hearing held in accordance with Sec. 222.11 may 
appeal such determination to the Environmental Appeals Board by filing a 
written notice of appeal, or the Environmental Appeals Board may, on its 
own initiative, review any prior determination.
    (b) The notice of appeal shall be no more than 40 pages in length 
and shall contain:
    (1) The name and address of the person filing the notice of appeal;
    (2) A concise statement of the facts on which the person relies and 
appropriate citations to the record of the adjudicatory hearing;
    (3) A concise statement of the legal basis on which the person 
relies;
    (4) A concise statement setting forth the action which the person 
proposes that the Environmental Appeals Board take; and
    (5) A certificate of service of the notice of appeal on all other 
parties to the adjudicatory hearing.
    (c) The effective date of any determination made pursuant to 
paragraph (f)(2) of Sec. 222.11 may be stayed by the Environmental 
Appeals Board pending final determination by it pursuant to this section 
upon the filing of a notice of appeal which satisfies the requirements 
of paragraph (b) of this section or upon initiation by the Environmental 
Appeals Board of review of any determination in the absence of such 
notice of appeal.
    (d) Within 20 days following the filing of a notice of appeal in 
accordance with this section, any party to the adjudicatory hearing may 
file a written memorandum, no more than 40 pages in length, in response 
thereto.
    (e) Within 45 days following the filing of a notice of appeal in 
accordance with this section, the Environmental Appeals Board shall 
render its final determination with respect to all issues raised in the 
appeal to the Environmental Appeals Board and shall affirm, reverse, or 
modify the previous determination and briefly state the basis for its 
determination.
    (f) In accordance with 5 U.S.C. section 704, the filing of an appeal 
to the Environmental Appeals Board pursuant to this section shall be a 
prerequisite to judicial review of any determination to issue or impose 
conditions upon any permit, or to modify, revoke or suspend any permit, 
or to take any other enforcement action, under this subchapter H.

[42 FR 2471, Jan. 11, 1977, as amended at 57 FR 5346, Feb. 13, 1992]