Other Fields
Agency Scheme: 
EPAOPRMT0006
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Regional Operations
Name of Hearing Office (global name): 
Environmental Protection Agency: Office of Regional Operations
Sub-Agency/Bureau/Division:: 
Office of the Administrator
Hearing Officer #1 (Title): 
Regional Administrator
Hearing Officer #2 (Title): 
Presiding Officer
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (All Types of Cases)
Comments/Notes on Adjudication Structure: 

EPA proceedings on permit actions (e.g., issuance, denial, modification, or termination) governed by Part 124 related to: Resource Conservation and Recovery Act (RCRA); Underground Injection Control (UIC) program under the Safe Drinking Water Act; the Prevention of Significant Deterioration (PSD) program under the Clean Air Act: and, the National Pollution Discharge Elimination System (NPDES) under the Clean Water Act. Decisions on Part 124-covered permit actions may be made by either an EPA regional administrator or the state/tribal Director of an EPA-approved program. (Note: Only EPA-issued permit decisions are covered on this form.)

EPA officials must give public notice of draft (tentative) permit actions and provide a public comment period. Public (oral) hearings on contested permits are conducted on either a discretionary or mandatory basis (depending on the governing statute) when requested by any interested party, including the applicant. Public hearings are conducted by a "Presiding Officer" designated by the EPA regional administrator.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Either
Who may serve as an agency representative?: 
Either
Regulations/rules of practice for hearings (please include CFR citations): 
40 CFR Part 124
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (Some Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
With one exception, discovery is not permitted during permit proceedings. For RCRA permits, the EPA Regional Administrator may, on a case-by-case basis, determine after submission of a permit application that there is a need for an "information repository." Establishing and maintaining the information repository is the responsibility of the facility. The information repository contains documents, reports, data, and other information deemed necessary by the regional administrator. The information repository is open to the public. (See 40 CFR 124.33)
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
Required by Rule
Depends on Nature of Case/Claim
Please describe: 
*RCRA - Mandatory Public Hearings for Contested Permits: The EPA regional administrator "shall" hold a public hearing when timely opposition to a draft permit and request for hearing is received. (40 CFR 124.12(a)(3)) *Other Permits - Depends on Nature of Comments/EPA Discretion: The EPA regional administrator "shall" hold a public hearing when he/she determines, based on requests received, that there is a "significant degree of public interest in the draft permit. The regional administrator may also, at his/her discretion, hold a public hearing as needed -- for example, when a public hearing might clarify issues. (See 40 CFR 124.12(a)(1)-(2)).
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted for oral hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
Cross-examination is not permitted for oral hearings. This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
Yes
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
The hearing is always open for oral hearings. This question is not applicable to document-only hearings.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Program Official
Who has authority to issue final decisions?: 
Program Official
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
No
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
40 CFR 124.5(e), 124.9, 124.18
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
40 CFR 124.5(e), 124.9, 124.18
ADJUDICATORS
Comments/Notes on Hearing-Level Adjudicators (Optional): 
While Part 124 provides that the EPA Regional Administrator designates a "presiding officer" when public (oral) hearings are held for covered permit actions, the regulations do not otherwise specify who serves in this position. (See 40 CFR 124.12(a)(4)).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified