[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: 40CFR209.34]



[Page 169]

 

                   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.  209.34  Reconsideration.



    Within five (5) days after service of the Environmental Appeals 

Board's decision, any party may file a petition for reconsideration of 

such decision, setting forth the relief desired and the grounds in 

support thereof. Petitions for reconsideration under this provision 

shall be directed to, and decided by, the Environmental Appeals Board. 

Petitions for reconsideration directed to the Administrator, rather than 

to the Environmental Appeals Board, will not be considered, except in 

cases that the Environmental Appeals Board has referred to the 

Administrator's pursuant to Sec.  209.3(k) and in which the 

Administrator has issued the final order. Any petition filed under this 

subsection must be confined to new questions raised by the decision or 

final order and upon which the petitioner had no opportunity to argue 

before the administrative law judge or the Environmental Appeals Board. 

Any party desiring to oppose a petition shall file an answer thereto 

within five (5) days after service of the petition. The filing of a 

petition for reconsideration shall not operate to stay the effective 

date of the decision or order.



[57 FR 5345, Feb. 13, 1992]