[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.29]

[Page 257]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
               Subpart F_Appeals and Administrative Review
 
Sec. 22.29  Appeal from or review of interlocutory orders or rulings.


    (a) Request for interlocutory appeal. Appeals from orders or rulings 
other than an initial decision shall be allowed only at the discretion 
of the Environmental Appeals Board. A party seeking interlocutory appeal 
of such orders or rulings to the Environmental Appeals Board shall file 
a motion within 10 days of service of the order or ruling, requesting 
that the Presiding Officer forward the order or ruling to the 
Environmental Appeals Board for review, and stating briefly the grounds 
for the appeal.
    (b) Availability of interlocutory appeal. The Presiding Officer may 
recommend any order or ruling for review by the Environmental Appeals 
Board when:
    (1) The order or ruling involves an important question of law or 
policy concerning which there is substantial grounds for difference of 
opinion; and
    (2) Either an immediate appeal from the order or ruling will 
materially advance the ultimate termination of the proceeding, or review 
after the final order is issued will be inadequate or ineffective.
    (c) Interlocutory review. If the Presiding Officer has recommended 
review and the Environmental Appeals Board determines that interlocutory 
review is inappropriate, or takes no action within 30 days of the 
Presiding Officer's recommendation, the appeal is dismissed. When the 
Presiding Officer declines to recommend review of an order or ruling, it 
may be reviewed by the Environmental Appeals Board only upon appeal from 
the initial decision, except when the Environmental Appeals Board 
determines, upon motion of a party and in exceptional circumstances, 
that to delay review would be contrary to the public interest. Such 
motion shall be filed within 10 days of service of an order of the 
Presiding Officer refusing to recommend such order or ruling for 
interlocutory review.