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EPA - 40 CFR PART 78

APPEAL PROCEDURES

active, Most Current
Organization: EPA
Publication Date: 1 July 2014
Status: active
Page Count: 16
scope:

Purpose and scope. (a)(1) This part shall govern appeals of any final decision of the Administrator under subpart HHHH of part 60 of this chapter or State regulations approved under § 60.24(h)(6)(i) or (ii) ofthis chapter, part 72, 73, 74, 75, 76, or 77 of this chapter, subparts AA through II of part 96 of this chapter or State regulations approved under § 51.123(o)(1) or (2) of this chapter, subparts AAA through III of part 96 of this chapter or State regulations approved under § 51.124(o)(1) or (2) of this chapter, subparts AAAA through IIII of part 96 of this chapter or State regulations approved under § 51.123(aa)(1) or (2) of this chapter, part 97 of this chapter, or subpart RR of part 98; provided that matters listed in § 78.3(d) and preliminary, procedural, or intermediate decisions, such as draft Acid Rain permits, may not be appealed. All references in paragraph (b) of this section and in § 78.3 to subpart HHHH of part 60 of this chapter, subparts AA through II of part 96 of this chapter, subparts AAA through III of part 96 of this chapter, and subparts AAAA through IIII of part 96 of this chapter shall be read to include the comparable provisions in State regulations approved under § 60.24(h)(6)(i) or (ii) of this chapter, § 51.123(o)(1) or (2) of this chapter, § 51.124(o)(1) or (2) of this chapter, and § 51.123(aa)(1) or (2) of this chapter, respectively.

(2) Filing an appeal, and exhausting administrative remedies, under this part shall be a prerequisite to seeking judicial review. For purposes of judicial review, final agency action occurs only when a decision appealable under this part is issued and the procedures under this part for appealing the decision are exhausted.

(b) The decisions of the Administrator that may be appealed include but are not limited to: (1) Under part 72 of this chapter;

(i) The determination of incompleteness of an Acid Rain permit application;

(ii) The issuance or denial of an Acid Rain permit and approval or disapproval of a compliance option by the Administrator;

(iii) The approval or disapproval of an early ranking application for Phase I extension under § 72.42 of this chapter;

(iv) The final determination of whether a technology is a qualified repowering technology under § 72.44 of this chapter;

(v) [Reserved]

Document History

July 1, 2020
APPEAL PROCEDURES
Purpose and scope. (a)(1)(i) This part shall govern appeals of any final decision of the Administrator under: (A) Part 72, 73, 74, 75, 76, or 77 of this chapter. (B) Subparts A through J of part...
July 1, 2017
APPEAL PROCEDURES
Purpose and scope. (a)(1)(i) This part shall govern appeals of any final decision of the Administrator under: (A) Part 72, 73, 74, 75, 76, or 77 of this chapter. (B) Subparts A through J of part 97...
July 1, 2016
APPEAL PROCEDURES
Purpose and scope. (a)(1) This part shall govern appeals of any final decision of the Administrator under subpart HHHH of part 60 of this chapter or State regulations approved under § 60.24(h)(6)(i)...
July 1, 2015
APPEAL PROCEDURES
Purpose and scope. (a)(1) This part shall govern appeals of any final decision of the Administrator under subpart HHHH of part 60 of this chapter or State regulations approved under § 60.24(h)(6)(i)...
40 CFR PART 78
July 1, 2014
APPEAL PROCEDURES
Purpose and scope. (a)(1) This part shall govern appeals of any final decision of the Administrator under subpart HHHH of part 60 of this chapter or State regulations approved under § 60.24(h)(6)(i)...

References

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