[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: 40CFR24.01]

[Page 266-267]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM 
STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
                            Subpart A_General
 
Sec. 24.01  Scope of these rules.




                            Subpart A_General

Sec.
24.01 Scope of these rules.
24.02 Issuance of initial orders; definition of final orders and orders 
          on consent.
24.03 Maintenance of docket and official record.
24.04 Filing and service of orders, decisions, and documents.
24.05 Response to the initial order; request for hearing.
24.06 Designation of Presiding Officer.
24.07 Informal settlement conference.
24.08 Selection of appropriate hearing procedures.

    Subpart B_Hearings on Orders Requiring Investigations or Studies

24.09 Qualifications of Presiding Officer; ex parte discussion of the 
          proceeding.
24.10 Scheduling the hearing; pre-hearing submissions by respondent.
24.11 Hearing; oral presentations and written submissions by the 
          parties.
24.12 Summary of hearing; Presiding Officer's recommendation.

[[Page 267]]

       Subpart C_Hearings on Orders Requiring Corrective Measures

24.13 Qualifications of Presiding Officer; ex parte discussion of the 
          proceeding.
24.14 Scheduling the hearing; pre-hearing submissions by the parties.
24.15 Hearing; oral presentations and written submissions by the 
          parties.
24.16 Transcript or recording of hearing.
24.17 Presiding Officer's recommendation.

                    Subpart D_Post-Hearing Procedures

24.18 Final decision.
24.19 Final order.
24.20 Final agency action.

    Authority: 42 U.S.C. sections 6912, 6928, 6991b.

    Source: 53 FR 12263, Apr. 13, 1988, unless otherwise noted.



    (a) These rules establish procedures governing issuance of 
administrative orders for corrective action pursuant to sections 3008(h) 
and 9003(h) of the Solid Waste Disposal Act, as amended by the Resource 
Conservation and Recovery Act (the Act), and conduct of administrative 
hearings on such orders, except as specified in paragraphs (b) and (c) 
of this section.
    (b) The hearing procedures appearing at 40 CFR part 22 govern 
administrative hearings on any order issued pursuant to section 3008(h) 
of the Act which:
    (1) Is contained within an administrative order that includes claims 
under section 3008(a) of the Act; or
    (2) Includes a suspension or revocation of authorization to operate 
under section 3005(e) of the Act; or
    (3) Seeks penalties under section 3008(h)(2) of the Act for non-
compliance with a section 3008(h) order.
    (c) The hearing procedures appearing at 40 CFR part 22 govern 
administrative hearings on any order issued pursuant to section 9003(h) 
of the Act that is contained within an administrative order that 
includes claims under section 9006 of the Act.
    (d) Questions arising at any stage of the proceeding which are not 
addressed in these rules shall be resolved at the discretion of the 
Regional Administrator or Presiding Officer, as appropriate.

[53 FR 12263, Apr. 13, 1988, as amended at 56 FR 49380, Sept. 27, 1991]