Comments/Notes on Adjudication Structure:
Statutorily-required review by the Administrator of EPA enforcement actions and compliance/penalty order under certain environmental statutes (e.g., Clean Air Act, Resource Conservation and Recovery Act, Safe Drinking Water Act) issued against federal entities when the federal entity (a) has otherwise exhausted administrative remedies (including review by the Environmental Appeals Board) under the Consolidated Rules of Practice (CROP) (40 CFR Part 22), and (b) requests a conference with the Administrator. (See 40 CFR 22.31(e)).
Subsection 22.31(e) does not set forth any procedures for such conferences, other than to note that, when a timely request for review by the Administrator is made by a federal entity, the subsequent decision by the Administrator represents final agency action.
[*Note: The Administrator may, in certain matters, be permitted to delegate his/her conference authority to confer with federal entities to regional officials or other designated EPA officials. Accordingly, Appeal Officer #2 is generically listed as "Designated EPA Official." ]