[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: 40CFR22.3]

[Page 241-242]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                            Subpart A_General
 
Sec. 22.3  Definitions.

    (a) The following definitions apply to these Consolidated Rules of 
Practice:
    Act means the particular statute authorizing the proceeding at 
issue.
    Administrative Law Judge means an Administrative Law Judge appointed 
under 5 U.S.C. 3105.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his delegate.
    Agency means the United States Environmental Protection Agency.
    Business confidentiality claim means a confidentiality claim as 
defined in 40 CFR 2.201(h).
    Clerk of the Board means the Clerk of the Environmental Appeals 
Board, Mail Code 1103B, U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    Commenter means any person (other than a party) or representative of 
such person who timely:
    (1) Submits in writing to the Regional Hearing Clerk that he is 
providing or intends to provide comments on the proposed assessment of a 
penalty pursuant to sections 309(g)(4) and 311(b)(6)(C) of the Clean 
Water Act or section 1423(c) of the Safe Drinking Water Act, whichever 
applies, and intends to participate in the proceeding; and
    (2) Provides the Regional Hearing Clerk with a return address.
    Complainant means any person authorized to issue a complaint in 
accordance with Sec. Sec. 22.13 and 22.14 on behalf of the Agency to 
persons alleged to be in violation of the Act. The complainant shall not 
be a member of the Environmental Appeals Board, the Regional Judicial 
Officer or any other person who will participate or advise in the 
adjudication.

[[Page 242]]

    Consolidated Rules of Practice means the regulations in this part.
    Environmental Appeals Board means the Board within the Agency 
described in 40 CFR 1.25.
    Final order means:
    (1) An order issued by the Environmental Appeals Board or the 
Administrator after an appeal of an initial decision, accelerated 
decision, decision to dismiss, or default order, disposing of the matter 
in controversy between the parties;
    (2) An initial decision which becomes a final order under Sec. 
22.27(c); or
    (3) A final order issued in accordance with Sec. 22.18.
    Hearing means an evidentiary hearing on the record, open to the 
public (to the extent consistent with Sec. 22.22(a)(2)), conducted as 
part of a proceeding under these Consolidated Rules of Practice.
    Hearing Clerk means the Hearing Clerk, Mail Code 1900, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    Initial decision means the decision issued by the Presiding Officer 
pursuant to Sec. Sec. 22.17(c), 22.20(b) or 22.27 resolving all 
outstanding issues in the proceeding.
    Party means any person that participates in a proceeding as 
complainant, respondent, or intervenor.
    Permit action means the revocation, suspension or termination of all 
or part of a permit issued under section 102 of the Marine Protection, 
Research, and Sanctuaries Act (33 U.S.C. 1412) or termination under 
section 402(a) of the Clean Water Act (33 U.S.C. 1342(a)) or section 
3005(d) of the Solid Waste Disposal Act (42 U.S.C. 6925(d)).
    Person includes any individual, partnership, association, 
corporation, and any trustee, assignee, receiver or legal successor 
thereof; any organized group of persons whether incorporated or not; and 
any officer, employee, agent, department, agency or instrumentality of 
the Federal Government, of any State or local unit of government, or of 
any foreign government.
    Presiding Officer means an individual who presides in an 
administrative adjudication until an initial decision becomes final or 
is appealed. The Presiding Officer shall be an Administrative Law Judge, 
except where Sec. Sec. 22.4(b), 22.16(c) or 22.51 allow a Regional 
Judicial Officer to serve as Presiding Officer.
    Proceeding means the entirety of a single administrative 
adjudication, from the filing of the complaint through the issuance of a 
final order, including any action on a motion to reconsider under Sec. 
22.32.
    Regional Administrator means, for a case initiated in an EPA 
Regional Office, the Regional Administrator for that Region or any 
officer or employee thereof to whom his authority is duly delegated.
    Regional Hearing Clerk means an individual duly authorized to serve 
as hearing clerk for a given region, who shall be neutral in every 
proceeding. Correspondence with the Regional Hearing Clerk shall be 
addressed to the Regional Hearing Clerk at the address specified in the 
complaint. For a case initiated at EPA Headquarters, the term Regional 
Hearing Clerk means the Hearing Clerk.
    Regional Judicial Officer means a person designated by the Regional 
Administrator under Sec. 22.4(b).
    Respondent means any person against whom the complaint states a 
claim for relief.
    (b) Terms defined in the Act and not defined in these Consolidated 
Rules of Practice are used consistent with the meanings given in the 
Act.

[64 FR 40176, July 23, 1999, as amended at 65 FR 30904, May 15, 2000]