[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: 40CFR17.3]

[Page 228-229]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 17_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN EPA ADMINISTRATIVE PROCEEDINGS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 17.3  Proceedings covered.

    (a) These rules apply to adversary adjudications required by statute 
to be conducted by EPA under 5 U.S.C. 554. To the extent that they are 
adversary adjudications, the proceedings conducted by EPA to which these 
rules apply include:
    (1) A hearing to consider the assessment of a noncompliance penalty 
under section 120 of the Clean Air Act as amended (42 U.S.C. 7420);
    (2) A hearing to consider the termination of an individual National 
Pollution Discharge Elimination System permit under section 402 of the 
Clean Water Act as amended (33 U.S.C. 1342);
    (3) A hearing to consider the assessment of any civil penalty under 
section 16(a) of the Toxic Substances Control Act (15 U.S.C. 2615(a));

[[Page 229]]

    (4) A hearing to consider ordering a manufacturer of hazardous 
chemical substances or mixtures to take actions under section 6(b) of 
the Toxic Substances Control Act (15 U.S.C. 2605(b)), to decrease the 
unreasonable risk posed by a chemical substance or mixture;
    (5) A hearing to consider the assessment of any civil penalty under 
section 14(a) of the Federal Insecticide, Fungicide, and Rodenticide Act 
as amended (7 U.S.C. 1361);
    (6) A hearing to consider suspension of a registrant for failure to 
take appropriate steps in the development of registration data under 
section 3(c)(2)(B) of the Federal Insecticide, Fungicide and Rodenticide 
Act as amended (7 U.S.C. 136a);
    (7) A hearing to consider the suspension or cancellation of a 
registration under section 6 of the Federal Insecticide, Fungicide, and 
Rodenticide Act as amended (7 U.S.C. 136d);
    (8) A hearing to consider the assessment of any civil penalty or the 
revocation or suspension of any permit under section 105(a) or 105(f) of 
the Marine Protection, Research, and Sanctuaries Act as amended (33 
U.S.C. 1415(a), 33 U.S.C. 1415(f));
    (9) A hearing to consider the issuance of a compliance order or the 
assessment of any civil penalty conducted under section 3008 of the 
Resource Conservation and Recovery Act as amended (42 U.S.C. 6928);
    (10) A hearing to consider the issuance of a compliance order under 
section 11(d) of the Noise Control Act as amended (42 U.S.C. 4910(d)).
    (b) If a proceeding includes both matters covered by the Act and 
matters specifically excluded from coverage, any award made will include 
only fees and expenses related to covered issues.