UNLIMITED FREE
ACCESS
TO THE WORLD'S BEST IDEAS

SUBMIT
Already a GlobalSpec user? Log in.

This is embarrasing...

An error occurred while processing the form. Please try again in a few minutes.

Customize Your GlobalSpec Experience

Finish!
Privacy Policy

This is embarrasing...

An error occurred while processing the form. Please try again in a few minutes.

- Trained on our vast library of engineering resources.

EPA - 40 CFR PART 78

APPEAL PROCEDURES

active, Most Current
Organization: EPA
Publication Date: 1 July 2017
Status: active
Page Count: 17
scope:

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 of this chapter.

(C) Subparts AA through II, AAA through III, or AAAA through IIII of part 96 of this chapter or State regulations approved under § 51.123(o)(1) or (2) or (aa)(1) or (2) of this chapter or § 51.124(o)(1) or (2) of this chapter.

(D) Subparts AA through II, AAA through III, or AAAA through IIII of part 97 of this chapter.

(E) Subpart AAAAA, BBBBB, CCCCC, DDDDD, or EEEEE of part 97 of this chapter or State regulations approved under § 52.38(a)(4) or (5) or (b)(4), (5), (6), (8), or (9) of this chapter or § 52.39(e), (f), (h), or (i) of this chapter.

(F) Subpart RR of part 98 of this chapter.

(ii) Notwithstanding paragraph (a)(1)(i) of this section, matters listed in § 78.3(d) and preliminary, procedural or intermediate decisions, such as draft Acid Rain permits, may not be appealed.

(iii) All references in paragraph (b) of this section and in § 78.3 to 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 § 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.

(iv) All references in paragraph (b) of this section and in § 78.3 to subpart AAAAA of part 97 of this chapter, subpart BBBBB of part 97 of this chapter, subpart CCCCC of part 97 of this chapter, subpart DDDDD of part 97 of this chapter, and subpart EEEEE of part 97 of this chapter shall be read to include the comparable provisions in State regulations approved under § 52.38(a)(4) or (5) of this chapter, § 52.38(b)(4) or (5) of this chapter, § 52.39(e) or (f) of this chapter, § 52.39(h) or (i) of this chapter, and § 52.38(b)(6), (8), or (9) 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

Document History

July 1, 2021
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, 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...
40 CFR PART 78
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)...
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

Advertisement