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CHAPTER ENVIRONMENTAL PROTECTION

AGENCY

SUBCHAPTER A-GENERAL

Part
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2
3
4

Page

5 23 71

95 95

5 6

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149

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173

Statement of organization and general information
Public information ....
Employee responsibilities and conduct
Uniform relocation assistance and real property

acquisition for Federal and federally assisted

programs
Tuition fees for direct training
Procedures for implementing the requirements of

the Council on Environmental Quality on the

National Environmental Policy Act
Nondiscrimination in programs receiving Federal

assistance from the Environmental Protection

Agency ...........
Equal employment opportunity under EPA con-

tracts and EPA assisted construction contracts ..
OMB approvals under the Paperwork Reduction

Act ...
Administrative claims under Federal Tort Claims

Act ...
Security classification regulations pursuant to Ex-

ecutive Order 11652
Nondiscrimination on the basis of handicap in pro-

grams or activities conducted by the Environ

mental Protection Agency
Claims collection standards
Employee personal property claims ......
Administration of the Clean Air Act and the Clean

Water Act with respect to contracts, grants, and

loans list of violating facilities
Implementation of Privacy Act of 1974
Implementation of the Equal Access to Justice Act

in EPA administrative proceedings
Certification of facilities
Small business

10

187

11

190

12

13 14 15

194 200 215

219 228

16 17

20 21

240 245 253 Part 22

Page

262 284

23 24

286

Consolidated rules of practice governing the ad

ministrative assessment of civil penalties and

the revocation or suspension of permits ............... Judicial review under EPA-Administered statutes Rules governing issuance of and administrative

hearings on interim status corrective action or

ders
Public participation in programs under the Re-

source Conservation and Recovery Act, the Safe

Drinking Water Act, and the Clean Water Act ....
Protection of Human Subjects
Program fraud civil remedies
Intergovernmental review of Environmental Pro-

tection Agency programs and activities

25

26 27 29

294 303 314

331

SUBCHAPTER B-GRANTS AND OTHER FEDERAL ASSISTANCE

30

335

31

361

32

33 34 35 39

General regulation for assistance programs for

other than State and local governments
Uniform administrative requirements for grants

and cooperative agreements to State and local

governments ....
Governmentwide debarment and suspension

(nonprocurement) and governmentwide require

ments for drug-free workplace (grants)
Procurement under assistance agreements
New restrictions on lobbying
State and local assistance ....
Loan guarantees for construction of treatment

works
Research and demonstration grants
Training assistance
Fellowships
National Environmental Education Act Grants

396 416 434 445

40 45 46 47

675 680 689 691 694

SUBCHAPTER C-AIR PROGRAMS

50 National primary and secondary ambient air quality standards

697 51 Requirements for preparation, adoption, and submittal of implementation plans

777 EDITORIAL NOTE: Subc ter C-Air Programs is continued in the volumes containing 40 CFR part 52, parts 53-60, parts 61-80, and parts 81-99.

SUBCHAPTER A-GENERAL

PART 1-STATEMENT OF ORGANI

ZATION AND GENERAL INFORMATION

Subpart A-Introduction

Sec. 1.1 Creation and authority. 1.3 Purpose and functions. 1.5 Organization and general information. 1.7 Location of principal offices.

1970 transferred to EPA a variety of research, monitoring, standard setting, and enforcement activities related to pollution abatement and control to provide for the treatment of the environment as a single interrelated system. Complementary to these activities are the Agency's coordination and support of research and antipollution activities carried out by State and local governments, private and public groups, individuals, and educational institutions. EPA reinforces efforts among other Federal agencies with respect to the impact of their operations on the environment.

Subpart B-Headquarters

1.21 General. 1.23 Office of the Administrator. 1.25 Staff Offices. 1.27 Offices of the Associate Administra

tors. 1.29 Office of Inspector General. 1.31 Office of General Counsel. 1.33 Office of Administration and Resources

Management. 1.35 Office of Enforcement and Compliance

Monitoring. 1.37 Office of External Affairs. 1.39 Office of Policy, Planning and Evalua

tion. 1.41 Office of Air and Radiation. 1.43 Office of Prevention, Pesticides and

Toxic Substances. 1.45 Office of Research and Development. 1.47 Office of Solid Waste and Emergency

Response. 1.49 Office of Water.

$1.5 Organization and general infor.

mation. (a) The U.S. Environmental Protection Agency's basic organization consists of Headquarters and 10 Regional Offices. EPA Headquarters in Washington, DC maintains overall planning, coordination and control of EPA programs. Regional Administrators head the Regional Offices and are responsible directly to the Administrator for the execution of the Agency's programs within the boundaries of their Regions.

(b) EPA's Directives System contains definitive statements of EPA's organization, policies, procedures, assignments of responsibility, and delegations of authority. Copies are available for public inspection and copying at the Management and Organization Division, 401 M Street SW., Washington, DC 20460. Information can be obtained from the Office of Public Affairs at all Regional Offices.

(c) EPA conducts procurement pursuant to the Federal Property and Administrative Services Act, the Federal Procurement Regulations, and implementing EPA regulations.

Subpart C-Field Installations 1.61 Regional Offices.

AUTHORITY: 5 U.S.C. 552.

SOURCE: 50 FR 26721, June 28, 1985, unless otherwise noted.

Subpart A-Introduction $1.1 Creation and authority.

Reorganization Plan 3 of 1970, established the U.S. Environmental Protection Agency (EPA) in the Executive branch as an independent Agency, effective December 2, 1970. $ 1.3 Purpose and functions.

The U.S. Environmental Protection Agency permits coordinated and effective governmental action to assure the protection of the environment by abating and controlling pollution on a systematic basis. Reorganization Plan 3 of

8 1.7 Location of principal offices.

(a) The EPA Headquarters is in Washington, DC. The mailing address is 401 M Street SW., Washington, DC 20460.

(b) The addresss of (and States served by) the EPA Regional Offices (see $1.61) are:

(1) Region I, U.S. Environmental Protection Agency, room 2203, John F. Kennedy Federal Building, Boston, MA 02203. (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.)

(2) Region II, U.S. Environmental Protection Agency, Room 900, 26 Federal Plaza, New York, NY 10278. (New Jersey, New York, Puerto Rico, and the Virgin Islands.)

(3) Region III, U.S. Environmental Protection Agency, 841 Chestnut Street, Philadelphia, PA 19107. (Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia.)

(4) Region IV, U.S. Environmental Protection Agency, 345 Courtland Street NE., Atlanta, GA 30365. (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.)

(5) Region V, U.S. Environmental Protection Agency, 230 South Dearborn Street, Chicago, IL 60604. (Illinois, Indiana, Michigan, Minnesota, Ohio and Wisconsin.)

(6) Region VI, U.S. Environmental Protection Agency, 1201 Elm Street, Dallas, TX 75270. (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.)

(7) Region VII, U.S. Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, KS 66101. (Iowa, Kansas, Missouri, and Nebraska.)

(8) Region VIII, U.S. Environmental Protection Agency, 999 18th street, One Denver Place, Denver, CO 80202. (Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.)

(9) Region IX, U.S. Environmental Protection Agency, 215 Fremont Street, San Francisco, CA 94105. (Arizona, California, Hawaii, Nevada, American Samoa, Trust Territories of the Pacific Islands, Guam, Wake Islands, and the Northern Marianas.)

(10) Region X, U.S. Environmental Protection Agency, 1200 Sixth Avenue, Seattle, WA 98101. (Alaska, Idaho, Oregon, and Washington.)

(b) Two Associate Administrators and four staff offices which advise the Administrator on cross-cutting Agency headquarters and regional issues and conduct programs with respect to EPA's interface with other national and international governmental organizations;

(c) The Office of Inspector General; (d) The Office of General Counsel; and

(e) Nine operational offices, each headed by an Assistant Administrator, responsible for carrying out EPA's major environmental and administrative programs. 8 1.23 Office of the Administrator.

The Environmental Protection Agency is headed by an Administrator who is appointed by the President, by and with the consent of the Senate. The Administrator is responsible to the President for providing overall supervision to the Agency, and is assisted by a Deputy Administrator also appointed by the President, by and with the consent of the Senate. The Deputy Administrator assists the Administrator in the discharge of Agency duties and responsibilities and serves as Acting Administrator in the absence of the Administrator.

8 1.26 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 activities in the Office's area of responsibilities. The Office implements and

Subpart B-Headquarters $ 1.21 General.

EPA Headquarters is comprised of: (a) The Office of the Administrator;

monitors the Agency's equal employ- nority business enterprises; and recment opportunity program; provides ommends the assignment of technical advice and guidance to EPA program advisers to assist designated Procureofficials and Regional Administrators ment Center Representatives of the on EEO matters; serves as advocate for Small Business Administration in their furthering career opportunities for mi- duties. The Office' represents EPA at norities and women; and processes hearings, interagency meetings, concomplaints of discrimination for Agen- ferences and other appropriate forums cy disposition. The office assures:

on matters related to the advancement (1) Maximum participation of minor- of these cited business enterprises in ity business enterprises under EPA EPA's Federal Contracting Program. contracts and grants;

(e)(1) Environmental Appeals Board. (2) Equal employment opportunity The Environmental Appeals Board is a under Agency service contracts, con- permanent body with continuing funcstruction contracts, and grants;

tions composed of three Board Mem(3) Compliance with the Davis-Bacon bers designated by the Administrator. Act and related acts;

The Environmental Appeals Board (4) Compliance with the provisions of shall decide each matter before it in laws affecting Agency programs requir- accordance with applicable statutes ing nondiscrimination on account of and regulations. The Environmental age and physical handicap and;

Appeals Board shall decide each matter (5) Services or benefits are dispensed by majority vote. Two Board Members under any program or activity receiv- constitute a quorum, and if the absence ing Agency financial assistance on a or recusal of a Board Member so renondiscrimination basis.

quires, the Board shall sit as a Board of (c) Science Advisory Board. The two Members. In the case of a tie vote, Science Advisory Board, under the di- the matter shall be referred to the Adrection of a Director, provides expert ministrator to break the tie. and independent advice to the Adminis- (2) Functions. The Environmental Aptrator on the scientific and technical peals Board shall exercise any authorissues facing the Agency. The Office ity expressly delegated to it in this advises on broad, scientific, technical title. With respect to any matter for and policy matters; assesses the results which authority has not been expressly of specific research efforts; assists in delegated to the Environmental Apidentifying emerging environmental peals Board, the Environmental Approblems; and advises the Adminis- peals Board shall, at the Administratrator on the cohesiveness and cur- tor's request, provide advice and conrency of the Agency's scientific pro- sultation, make findings of fact and grams.

conclusions of law, prepare a (d) Office of Small and Disadvantaged ommended decision, or serve as the Business Utilization. The Office of Small final decisionmaker, as the Adminisand Disadvantaged Business Utiliza- trator deems appropriate. In performtion, under the supervision of a Direc- ing its functions, the Environmental tor, is responsible for developing policy Appeals Board may consult with any and procedures implementing the EPA employee concerning any matter Agency's small and disadvantaged busi- governed by the rules set forth in this ness utilization responsibilities. The title, provided such consultation does Office provides information and assist- not violate applicable ex parte rules in ance to components of the Agency's this title. field offices responsible for carrying (3) Qualifications. Each member of the out related activities. The Office devel- Environmental Appeals Board shall be ops and implements a program to pro- a graduate of an accredited law school vide the maximum utilization of and a member in good standing of a women-owned business enterprises in recognized bar association of any state all aspects of EPA contract work; in or the District of Columbia. Board collaboration with the Procurement Members shall not be employed by the and Contracts Management Division, Office of Enforcement, the Office of the develops programs to stimulate and General Counsel, a Regional Office, or improve involvement of small and mi- any other office directly associated

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