[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR164.131]



[Page 179]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

Subpart D_Rules of Practice for Applications Under Sections 3 and 18 To 

            Modify Previous Cancellation or Suspension Orders

 

Sec.  164.131  Review by Administrator.



    (a) The Administrator will review applications subject to this 

subpart D and supporting data submitted by the applicant to determine 

whether reconsideration of the Administrator's prior cancellation or 

suspension order is warranted. The Administrator shall determine that 

such reconsideration is warranted when he finds that: (1) The applicant 

has presented substantial new evidence which may materially affect the 

prior cancellation or suspension order and which was not available to 

the Administrator at the time he made his final cancellation or 

suspension determination and (2) such evidence could not, through the 

exercise of due diligence, have been discovered by the parties to the 

cancellation or suspension proceeding prior to the issuance of the final 

order.

    (b) If after review of the application and other supporting data 

submitted by the applicant, the Administrator determines, in accordance 

with paragraph (a) of this section, that reconsideration of his prior 

order is not warranted, then the application will be denied without 

requirement for an administrative hearing. The Administrator shall 

publish notice in the Federal Register of the denial briefly describing 

the basis for his determination as soon as practicable. Such denial 

shall constitute final agency action.

    (c) If after review of the application and other supporting data 

submitted by the applicant, the Administrator determines, in accordance 

with paragraph (a) of this section, that reconsideration of his prior 

order is warranted, he will then publish notice in the Federal Register 

setting forth his determination and briefly describing the basis for the 

determination. Such notice shall announce that a formal public hearing 

will be held in accordance with 5 U.S.C. section 554. The notice shall 

specify: (1) The date on which the hearing will begin and end, (2) the 

issues of fact and law to be adjudicated at the hearing, (3) the date on 

which the presiding officer shall submit his recommendations, including 

findings of fact and conclusions, to the Administrator, and (4) the date 

on which a decision by the Administrator is anticipated.