[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.3]



[Page 159-160]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.3  Definitions.



    All terms not defined in this section shall have the meaning given 

them in the Act.

    (a) Act means the Noise Control Act of 1972 (42 U.S.C. 4901 et 

seq.).

    (b) Administrative law judge means an administrative law judge 

appointed under 5 U.S.C. 3105 (see also 5 CFR part 930, as amended by 37 

FR 16787). ``Administrative law judge'' is synonymous with ``hearing 

examiner'' as used in Title 5 of the United States Code.

    (c) Administrator means the Administrator of the Environmental 

Protection Agency or his or her delegate.

    (d) Agency means the U.S. Environmental Protection Agency.

    (e) Complainant means the Agency acting through any person 

authorized by the Administrator to issue a complaint to alleged 

violators of the Act. The complainant shall not be the judicial officer 

or the Administrator.

    (f) Hearing clerk means the hearing clerk of the Environmental 

Protection Agency.

    (g) Intervener means a person who files a motion to be made a party 

under Sec.  209.15 or Sec.  209.16, and whose motion is approved.

    (h) Party means the Environmental Protection Agency, the 

respondent(s) and any interveners.

    (i) Person means any individual, corporation, partnership, or 

association, and includes any officer, employee, department, agency or 

instrumentality of the United States, a State, or any political 

subdivision of a State.

    (j) Respondent means any person against whom a complaint has been 

issued under this subpart.

    (k) Environmental Appeals Board means the Board within the Agency 

described in Sec.  1.25 of this title. The Administrator delegates 

authority to the Environmental Appeals Board to issue final decisions in 

appeals filed under this part. An appeal directed to the Administrator, 

rather than to the Environmental Appeals Board, will not be considered. 

This delegation of authority to the Environmental Appeals Board does not 

preclude the Environmental Appeals Board from referring an appeal or a 

motion filed under this part to the Administrator for decision when the 

Environmental Appeals Board, in its discretion, deems it appropriate to 

do so. When an appeal or motion is referred to the Administrator, all 

parties shall be so notified and the rules in this part referring to the 

Environmental Appeals Board shall



[[Page 160]]



be interpreted as referring to the Administrator.



[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992]