[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR78.4]

[Page 472-473]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 78--APPEAL PROCEDURES FOR ACID RAIN PROGRAM--Table of Contents
 
Sec. 78.4  Filings.

    (a) All original filings made under this part shall be signed by the 
person making the filing or by an attorney or authorized representative. 
Any filings on behalf of owners and operators of an affected unit or 
affected source shall be signed by the designated representative. Any 
filings on behalf of persons with an interest in allowances in a general 
account shall be signed by the authorized account representative. The 
name, address, telephone number, and facsimile number of the person 
making the filing shall be provided with the filing.
    (b)(1) All data and information referred to, or in any way relied 
upon, in any filings made under this part shall be included in full and 
may not be incorporated by reference, unless the data or information is 
contained in the administrative record for the decision being appealed.
    (2) Notwithstanding paragraph (b)(1) of this section, State or 
Federal statutes, regulations, and judicial decisions published in a 
national reporter system, officially issued EPA documents of general 
applicability, and any other publicly and generally available reference 
material may be incorporated by reference. Any person incorporating such 
materials by reference shall provide copies of the materials as 
instructed by the Environmental Appeals Board or the Presiding Officer.
    (3) If any part of any filing is in a foreign language, it shall be 
accompanied by an English translation verified by the person making the 
translation, under oath, to be complete and accurate, together with the 
name, address, and a brief statement of the qualifications of the person 
making the translation. Translations filed of material originally 
produced in a foreign language shall be accompanied by copies of the 
original material.
    (4) Where relevant data or information is contained in a document 
also containing irrelevant matter, either the irrelevant matter shall be 
deleted or an index to the relevant portions of the document shall be 
included in the document.
    (c)(1) Failure to comply with the requirements of this section or 
any other requirement in this part may result in the noncomplying 
portions of the filing being excluded from consideration. If the 
Environmental Appeals Board or the Presiding Officer determines on 
motion by any party or sua sponte that a filing fails to meet any 
requirement of this part, the Environmental Appeals Board or Presiding 
Officer may return the filing, together with a reference to the 
applicable requirements on which the determination is based. A person 
whose filing has been rejected has 7 days (or other reasonable period 
established by the Environmental Appeals Board or Presiding Officer), 
from the date the returned filing is mailed, to correct the filing in 
conformance with this part and refile it.
    (2) The making of a filing shall not mean or imply that the filing, 
in fact, meets all applicable requirements, that the filing contains 
reasonable grounds for the action requested, or that the action 
requested is in accordance with law.
    (d) An original and two copies of any written filing under this part 
shall be filed with the Environmental Appeals Board unless a proceeding 
is pending before a Presiding Officer, in which case they shall be filed 
with the Hearing Clerk (except as provided under Sec. 78.19(d)) of this 
part.

[[Page 473]]

    (e)(1) The party making any filing in a proceeding under this part 
shall also serve a copy of the filing on each party to the proceeding, 
or, with regard to a petition for administrative review, on the persons 
specified in Sec. 78.3(b)(3) of this part.
    (2) Every filing made under this part shall be accompanied by a 
certificate of service citing the date, place, time, and manner of 
service and the names of the persons served.
    (f) The Hearing Clerk will maintain and furnish, to any person upon 
request, the official service list containing the name, service address, 
telephone, and facsimile numbers of each party to a proceeding under 
this part and his or her attorney or duly authorized representative.
    (g) Affidavits filed under this part shall be made on personal 
knowledge and belief, set forth only those facts that are admissible 
into evidence under Sec. 78.5 of this part, and show affirmatively that 
the affiant is competent to testify to the matters stated therein.

[58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 62 
FR 66279, Dec. 18, 1997]