[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1.25]

[Page 6-8]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 1_STATEMENT OF ORGANIZATION AND GENERAL INFORMATION--Table of 
Contents
 
                         Subpart B_Headquarters
 
Sec. 1.25  Staff Offices.

    (a) Office of Administrative Law Judges. The Office of 
Administrative Law Judges, under the supervision of the Chief 
Administrative Law Judge, is responsible for presiding over and 
conducting formal hearings, and issuance of initial decisions, if 
appropriate, in such proceedings. The Office provides supervision of the 
Administrative Law Judges, who operate as a component of the Office of 
Administrative Law Judges, in certain Agency Regional Offices. The 
Office provides the Agency Hearing Clerk.
    (b) Office of Civil Rights. The Office of Civil Rights, under the 
supervision of a Director, serves as the principal adviser to the 
Administrator with respect to EPA's civil rights programs. The Office 
develops policies, procedures, and regulations to implement the Agency's 
civil rights responsibilities, and provides direction to Regional and 
field

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activities in the Office's area of responsibilities. The Office 
implements and monitors the Agency's equal employment opportunity 
program; provides advice and guidance to EPA program officials and 
Regional Administrators on EEO matters; serves as advocate for 
furthering career opportunities for minorities and women; and processes 
complaints of discrimination for Agency disposition. The office assures:
    (1) Maximum participation of minority business enterprises under EPA 
contracts and grants;
    (2) Equal employment opportunity under Agency service contracts, 
construction contracts, and grants;
    (3) Compliance with the Davis-Bacon Act and related acts;
    (4) Compliance with the provisions of laws affecting Agency programs 
requiring nondiscrimination on account of age and physical handicap and;
    (5) Services or benefits are dispensed under any program or activity 
receiving Agency financial assistance on a nondiscrimination basis.
    (c) Science Advisory Board. The Science Advisory Board, under the 
direction of a Director, provides expert and independent advice to the 
Administrator on the scientific and technical issues facing the Agency. 
The Office advises on broad, scientific, technical and policy matters; 
assesses the results of specific research efforts; assists in 
identifying emerging environmental problems; and advises the 
Administrator on the cohesiveness and currency of the Agency's 
scientific programs.
    (d) Office of Small and Disadvantaged Business Utilization. The 
Office of Small and Disadvantaged Business Utilization, under the 
supervision of a Director, is responsible for developing policy and 
procedures implementing the Agency's small and disadvantaged business 
utilization responsibilities. The Office provides information and 
assistance to components of the Agency's field offices responsible for 
carrying out related activities. The Office develops and implements a 
program to provide the maximum utilization of women-owned business 
enterprises in all aspects of EPA contract work; in collaboration with 
the Procurement and Contracts Management Division, develops programs to 
stimulate and improve involvement of small and minority business 
enterprises; and recommends the assignment of technical advisers to 
assist designated Procurement Center Representatives of the Small 
Business Administration in their duties. The Office represents EPA at 
hearings, interagency meetings, conferences and other appropriate forums 
on matters related to the advancement of these cited business 
enterprises in EPA's Federal Contracting Program.
    (e)(1) Environmental Appeals Board. The Environmental Appeals Board 
is a permanent body with continuing functions composed of no more than 
four Board Members designated by the Administrator. The Board shall 
decide each matter before it in accordance with applicable statutes and 
regulations. The Board typically shall sit on matters before it in 
three-Member panels, and shall decide each matter by a majority vote. In 
the event that absence or recusal prevents a three-Member panel, the 
Board shall sit on a matter as a panel of two Members, and two Members 
shall constitute a quorum under such circumstances. The Board in its 
sole discretion shall establish panels to consider matters before it. 
The Board's decisions regarding panel size and composition shall not be 
reviewable. In the case of a tie vote, the matter shall be referred to 
the Administrator to break the tie.
    (2) Functions. The Environmental Appeals Board shall exercise any 
authority expressly delegated to it in this title. With respect to any 
matter for which authority has not been expressly delegated to the 
Environmental Appeals Board, the Environmental Appeals Board shall, at 
the Administrator's request, provide advice and consultation, make 
findings of fact and conclusions of law, prepare a recommended decision, 
or serve as the final decisionmaker, as the Administrator deems 
appropriate. In performing its functions, the Environmental Appeals 
Board may consult with any EPA employee concerning any matter governed 
by the rules set forth in this title, provided such consultation does 
not violate applicable ex parte rules in this title.

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    (3) Qualifications. Each member of the Environmental Appeals Board 
shall be a graduate of an accredited law school and a member in good 
standing of a recognized bar association of any State or the District of 
Columbia. Board Members shall not be employed by the Office of 
Enforcement, the Office of the General Counsel, a Regional Office, or 
any other office directly associated with matters that could come before 
the Environmental Appeals Board. A Board Member shall recuse himself or 
herself from deciding a particular case if that Board Member in previous 
employment performed prosecutorial or investigative functions with 
respect to the case, participated in the preparation or presentation of 
evidence in the case, or was otherwise personally involved in the case.

[50 FR 26721, June 28, 1985, as amended at 57 FR 5323, Feb. 13, 1992; 63 
FR 67780, Dec. 9, 1998]