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Provided, That the Deputy Administrator may, on good cause shown, a CCept an appeal at a later time. (b) The applicant in requesting such an appeal Shall Submit to the Deputy Administrator a copy of the complete application as reviewed by the Regional Administrator. (c) The applicant should also provide information as to why it believes the determination made by the Regional Administrator to be in error. (d) The Deputy Administrator Shall act upon Such appeal within 60 days of receipt of any complete application for a review of the determination. (e) Where a State has been delegated Certification authority, the procedure for appeals shall be established in the State Submission required in $21.12.
$21.10 Utilization of the statement.
(a) Statements issued by the Regional Administrator will be mailed to the Small business applicant and to the district Office of the Small Business Administration Serving the geographic area where the business is located. It is the responsibility Of the applicant to also forward the Statement to SBA as part of the application for a loan. (b) Any Statement or determination issued under $21.5 shall not be altered, modified, Changed, Or destroyed by any applicant in the course of providing Such Statement to SBA. To do so can result in the revocation of any approval Contained in the Statement and Subject the applicant to the penalties provided in 18 U.S.C. 1001. (c) If an application for which a Statement is issued under $21.5 is SubStantively changed in scope, concept, design, Or Capability prior to the approval by SBA of the financial assistance requested, the Statement as issued Shall be revoked. The applicant must resubmit a revised application under $21.3 and a new review must be Conducted. Failure to meet the requirements of this paragraph Could Subject the applicant to the penalties Specified in 18 U.S.C. 1001 and 18 U.S.C. 286. A Substantive change is one which materially affects the performance or capability of the proposed addition, alteration, or method of Operation. (d) An agency, Regional Administrator, Or State issuing a Statement
under $21.5 shall retain a complete Copy of the application for a period of five years after the date of issuance of the Statement. The application shall be made available upon request for inspection or use at any time by any agency Of the Federal Government.
(e) No application for a statement or for financial assistance under this section Or Statement issued under this Section Shall constitute or be construed as Suspending, modifying, revising, abrogating or otherwise changing the reQuirements imposed on the applicant by the terms, conditions, limitations Or Schedules of compliance contained in an applicable Standard, permit, or Other provision established or authorized under the Act or any State or local Statute, Ordinance or code.
(f) NO Statement as issued and reViewed Shall be construed as a waiver to the applicants fulfilling the requirements of any State or local law, Statute, Ordinance, Or Code (including building, health, or zoning codes).
(g) An amended application need not be submitted if the facility, property, Or Operation for which the Statement is issued is Sold, leased, rented, or transferred by the applicant to another party prior to approval by SBA of the financial assistance: Provided, That there is or will be no substantive Change in the Scope, concept, design, Capability, Or Conduct of the facility or Operation.
Comment: However, eligibility for financial assistance would be reexamined by SBA with regard to any such sale, lease, rental or transfer.
(h) The Regional Administrator may include in any Statement a date of expiration, after which date the approval by the Regional Administrator contained in the statement shall no longer apply. The date of expiration shall not become effective if the applicant has Submitted the statement to the SBA, prior to the date of expiration, as part of the application for financial assistallC6.
$21.11 Public participation.
(a) Applications Shall not generally be Subject to public notice, public comment, or public hearings. Applications during the period of review as Stated in $21.5, or during the period of appeal as provided in $21.8, shall be available for public inspection. Approved applications as provided in $21.10(d) shall be available for public inspection at all times during the five year period. (b) The Regional Administrator, if he believes that the addition, alteration, or method of Operation may adversely and Significantly affect an interest of the public, Shall provide for a public notice and/or public hearing on the application. The public notice and/or public hearing Shall be conducted in acCordance with the procedures specified for a permit under 40 CFR 125.32 and 125.34(b). (C) Where the applicant is able to demonstrate to the Satisfaction of the Regional Administrator that disclosure Of Certain information Or parts thereof as provided in § 21.3(c)(5) would result in the divulging of methods or proceSSes entitled to protection as trade SeCrets, the Regional Administrator shall treat the information or the particular part as Confidential in accordance with the purposes of section 1905 of Title 18 Of the United States Code and not release it to any unauthorized person. Provided, however, That if access to Such information is Subsequently reQuested by any person, there will be COmpliance with the procedures Specified in 40 CFR part 2. Such information may be disclosed to other Officers, employees, or authorized representatives Of the United States concerned with Carrying Out the Act or when relevant in any proceeding under the Act.
$21.12 State issued statements.
(a) Any State after the effective date Of these regulations may submit to the Regional Administrator for his approval an application to conduct a program for issuing Statements under this Section. (1) A State Submission shall specify the Organizational, legal, financial, and administrative resources and procedures that it believes will enable it to conduct the program. (2) The State program shall conStitute an equivalent effort to that reQuired of EPA under this section. (3) The State organization responSible for conducting the program should be the State water pollution
Control agency, as defined in Section 502 of the Act. (4) The State submission shall propose a procedure for adjudicating appliCant appeals as provided under §21.9. (5) The State submission shall identify any existing or potential conflicts of interest on the part of any personnel who will or may review or approve applications. (i) A Conflict of interest shall exist where the reviewing official is the Spouse of Or dependent (as defined in the Tax Code, 26 U.S.C. 152) of an Owner, partner, or principal Officer of the Small business, or where he has or is receiving from the Small business COncern applicant 10 percent of gross personal income for a calendar year, except that it shall mean 50 percent grOSS personal income for a calendar year if the recipient is over 60 years of age and is receiving Such portion purSuant to retirement, pension, or similar arrangements. (ii) If the State is unable to provide alternative parties to review or approve any application Subject to conflict of interest, the Regional Administrator Shall review and approve the application. (b) The Regional Administrator, Within 60 days after Such application, Shall approve any State program that Conforms to the requirements of this Section. Any such approval shall be after Sufficient notice has been provided to the Regional Director of SBA. (c) If the Regional Administrator disapproves the application, he shall notify the State, in writing, of any defiCiency in its application. A State may resubmit an amended application at any later time. (d) Upon approval of a State SubmisSion, EPA will suspend all review of applications and issuance of Statements for Small businesses in that State, pending transferral. Provided, however, That in the event of a State conflict of interest as identified in $21.12(a)(4) of this Section, EPA shall review the application and issue the statement. (e) Any applications Shall, if received by an EPA Regional Office, be forWarded promptly to the appropriate State for action pursuant to Section 7(g)(2) of the Small Business Act, and these regulations.
(f)(1) EPA will generally not review or approve individual Statements issued by a State. However, SBA, upon receipt and review of a State approved Statement may request the Regional Administrator of EPA to review the statement. The Regional Administrator, upon such request can further approve or disapprove the State issued Statement, in accordance with the requirements of $21.5. (2) The Regional Administrator will periodically review State program performance. In the event of State program deficiencies the Regional Administrator will notify the State Of Such deficiencies. (3) During that period that any State's program is classified as deficient, statements issued by a State shall also be Sent to the Regional Administrator for review. The Regional Administrator Shall notify the State, the applicant, and the SBA of any determination Subsequently made, in a Ccordance with $21.5, on any such Statement. (i) If within 60 days after notice of Such deficiencies has been provided, the State has not taken Corrective efforts, and if the deficiencies significantly affect the Conduct of the program, the Regional Administrator, after Sufficient notice has been provided to the Regional Director of SBA, shall withdraw the approval of the State program. (ii) Any State whose program is withdrawn and whose deficiencies have been COrrected may later reapply as provided in $21.12(a). (g) Funds appropriated under Section 106 of the Act may be utilized by a State agency authorized to receive Such funds in conducting this program.
§ 21.13 Effect of certification upon auo to enforce applicable stand8RTC. S.
The certification by EPA or a State for SBA LOan purposes in no Way COnStitutes a determination by EPA Or the State that the facilities Certified (a) will be constructed within the time Specified by an applicable Standard Or (b) will be constructed and installed in accordance with the plans and Specifications Submitted in the application, will be operated and maintained prop
22.33 Supplemental rules of practice governing the administrative assessment of Civil penalties under the Toxic SubStanceS COntrol Act. 22.34 Supplemental rules of practice governing the administrative assessment of civil penalties under Title II of the Clean Air Act. 22.35 Supplemental rules of practice governing the administrative assessment of civil penalties under the Federal Insecticide, Fungicide, and Rodenticide Act. 22.36 Supplemental rules of practice governing the administrative assessment. Of civil penalties and the revocation or suspension of permits under the Marine Protection, Research, and Sanctuaries Act. 22.37 Supplemental rules of practice governing the administrative assessment of civil penalties under the Solid Waste Disposal Act. 22.38 Supplemental rules of practice governing the administrative assessment. Of Class II penalties under the Clean Water Act. 22.39 Supplemental rules of practice governing the administrative assessment of administrative penalties under section 109 of the Comprehensive Environmental ReSponse, Compensation, and Liability Act of 1980, as amended. 22.40 Supplemental rules of practice governing the administrative assessment of administrative penalties under Section 325 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). 22.41 Supplemental rules of practice governing the administrative assessment of civil penalties under Title DI of the Toxic Substances Control Act, enacted as Section 2 of the Asbestos Hazard Emergency Response Act (AHERA). 22.42 Supplemental rules of practice governing the administrative assessment of civil penalties for violations of compli
ance Orders issued under Part B of the Safe Drinking Water Act.
22.43 Supplemental rules of practice governing the administrative assessment of civil penalties under section 113(d)(1) of the Clean Air Act.
APPENDIX TO PART 22—ADDRESSES OF EPA REGIONAL OFFICES
AUTHORITY: 15 U.S.C. 2615; 42 U.S.C. 7413(d), 7524(c), 7545(d), 7547(d), 7601 and 7607(a); 7 U.S.C. 136(1) and (m); 33 U.S.C. 1319, 1415 and 1418; 42 U.S.C. 6912, 6928 and 6991(e); 42 U.S.C. 9609; 42 U.S.C. 11045.
SOURCE: 45 F.R. 24363, Apr. 9, 1980, unless Otherwise noted.
§ 22.01 Scope of these rules.
(a) These rules of practice govern all adjudicatory proceedings for: (1) The assessment of any civil penalty conducted under Section 14(a) of the Federal Insecticide, Fungicide and Rodenticide Act as amended (7 U.S.C. 1361(a)); (2) The assessment of any administrative penalty under Sections 113(d)(1), 205(c), 211(d) and 213(d) of the Clean Air Act, as amended (CAA) (42 U.S.C. 7413(d)(1), 7524(c), 7545(d) and 7547(d)). (3) The assessment of any civil penalty or for the revocation or suspension Of any permit Conducted under Section 105 (a) and (f) of the Marine Protection, Research, and Sanctuaries Act as amended (33 U.S.C. 1415(a)); (4) The issuance of a compliance Order Or the issuance Of a Corrective a Ction Order, the Suspension or revocation of authority to Operate pursuant to section 3005(e) of the Solid Waste Disposal Act, or the assessment of any civil penalty under sections 3008, 9006 and 11005 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6928, 6991(e) and 6992(d)), except as provided in 40 CFR parts 24 and 124. (5) The assessment of any civil penalty COnducted under Section 16(a) Of the Toxic Substances Control Act (15 U.S.C. 2615(a)); (6) The assessment of any Class II penalty under Section 309(g) of the Clean Water Act (33 U.S.C. 1319(g)); (7) The aSSessment of any administrative penalty under Section 109 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9609); (8) The assessment of any administrative penalty under section 325 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (42 U.S.C. 11045). (9) The assessment of any civil penalty COnducted under Section 1414(g)(3)(B) of the Safe Drinking Water Act as amended (42 U.S.C. 300g— 3(g)(3)(B)). (b) The Supplemental rules of practice set forth in subpart H establish rules governing those a Spects Of the proceeding in question which are not Covered in Subparts A through G, and also Specify procedures which SuperSede any Conflicting procedures Set forth in those Subparts. (c) Questions arising at any stage of the proceeding which are not addressed in these rules Or in the relevant supplementary procedures Shall be resolved at the discretion Of the Administrator, Regional Administrator, Or Presiding Officer, as appropriate.
[45 F.R. 24363, Apr. 9, 1980, as amended at 52 FR. 30673, Aug. 17, 1987; 53 FR 12263, Apr. 13, 1988; 54 FR 12371, Mar. 24, 1989; 54 FR 21176, May 16, 1989; 56 FR 3757, Jan. 30, 1991; 57 FR 4318, Feb. 4, 1992]
§ 22.02 Use of number and gender.
AS used in these rules of practice, words in the Singular also include the plural and words in the masculine gender also include the feminine and vice versa, as the case may require.
§ 22.03 Definitions.
(a) The following definitions apply to part 22: Act means the particular statute authorizing the institution of the proCeeding at issue. Administrative Law Judge means an Administrative Law Judge appointed under 5 U.S.C. 3105 (See also Pub. L. 95– 251, 92 Stat. 183). Administrator means the Administrator of the U.S. Environmental Protection Agency or his delegate. Agency means the United States Environmental Protection Agency. Complaimant means any perSon authorized to issue a complaint. 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 decision. Complaint means a written communication, alleging one or more violations of Specific provisions of the Act, Or regulations or a permit promulgated thereunder, issued by the complainant to a person under §§22.13 and 22.14. Consent Agreement means any written document, signed by the parties, containing Stipulations or conclusions of fact or law and a proposed penalty or proposed revocation or Suspension acceptable to both complainant and reSpondent. Environmental Appeals Board means the Board within the Agency described in $1.25 of this title, located at U.S. EnVironmental Protection Agency, A–110, 401 M St. SW., Washington, DC 20460. Final Order means (a) an order issued by the Administrator after an appeal of an initial decision, accelerated deciSion, decision to dismiss, or default Order, disposing of a matter in Controversy between the parties, or (b) an initial decision which becomes a final order under §22.27(c). Hearing means a hearing On the record Open to the public and Conducted under these rules of practice. Hearing Clerk means the Hearing Clerk, A–110, U.S. Environmental Protection Agency, 401 M St. SW., Washington, DC 20460. Initial Decision means the decision issued by the Presiding Officer based upon the record Of the proceedings Out Of which it arises. Party means any person that participates in a hearing as complainant, reSpondent, Or intervenor. Permit means a permit issued under section 102 of the Marine Protection, Research, and Sanctuaries Act. Person includes any individual, partnership, association, Corporation, and any trustee, a SSignee, 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 the Administrative Law Judge designated by the Chief Administrative Law Judge to