[Title 40 CFR 24]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY]
[Subchapter A - GENERAL]
[Part 24 - RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT12002-07-012002-07-01falseRULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS24PART 24PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCYGENERAL
PART 24--RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS--Table of Contents
Subpart A--General
Sec.
24.01 Scope of these rules.
24.02 Issuance of initial orders; definition of final orders and orders
on consent.
24.03 Maintenance of docket and official record.
24.04 Filing and service of orders, decisions, and documents.
24.05 Response to the initial order; request for hearing.
24.06 Designation of Presiding Officer.
24.07 Informal settlement conference.
24.08 Selection of appropriate hearing procedures.
Subpart B--Hearings on Orders Requiring Investigations or Studies
24.09 Qualifications of Presiding Officer; ex parte discussion of the
proceeding.
24.10 Scheduling the hearing; pre-hearing submissions by respondent.
24.11 Hearing; oral presentations and written submissions by the
parties.
24.12 Summary of hearing; Presiding Officer's recommendation.
Subpart C--Hearings on Orders Requiring Corrective Measures
24.13 Qualifications of Presiding Officer; ex parte discussion of the
proceeding.
24.14 Scheduling the hearing; pre-hearing submissions by the parties.
24.15 Hearing; oral presentations and written submissions by the
parties.
24.16 Transcript or recording of hearing.
24.17 Presiding Officer's recommendation.
[[Page 270]]
Subpart D--Post-Hearing Procedures
24.18 Final decision.
24.19 Final order.
24.20 Final agency action.
Authority: 42 U.S.C. sections 6912, 6928, 6991b.
Source: 53 FR 12263, Apr. 13, 1988, unless otherwise noted.
Subpart A--General
Sec. 24.01 Scope of these rules.
(a) These rules establish procedures governing issuance of
administrative orders for corrective action pursuant to sections 3008(h)
and 9003(h) of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (the Act), and conduct of administrative
hearings on such orders, except as specified in paragraphs (b) and (c)
of this section.
(b) The hearing procedures appearing at 40 CFR part 22 govern
administrative hearings on any order issued pursuant to section 3008(h)
of the Act which:
(1) Is contained within an administrative order that includes claims
under section 3008(a) of the Act; or
(2) Includes a suspension or revocation of authorization to operate
under section 3005(e) of the Act; or
(3) Seeks penalties under section 3008(h)(2) of the Act for non-
compliance with a section 3008(h) order.
(c) The hearing procedures appearing at 40 CFR part 22 govern
administrative hearings on any order issued pursuant to section 9003(h)
of the Act that is contained within an administrative order that
includes claims under section 9006 of the Act.
(d) Questions arising at any stage of the proceeding which are not
addressed in these rules shall be resolved at the discretion of the
Regional Administrator or Presiding Officer, as appropriate.
[53 FR 12263, Apr. 13, 1988, as amended at 56 FR 49380, Sept. 27, 1991]
Sec. 24.02 Issuance of initial orders; definition of final orders and orders on consent.
(a) An administrative action under section 3008(h) or 9003(h) of the
Act shall be commenced by issuance of an administrative order. When the
order is issued unilaterally, the order shall be referred to as an
initial administrative order and may be referenced as a proceeding under
section 3008(h) or 9003(h) of the Act. When the order has become
effective, either after issuance of a final order following a final
decision by the Regional Administrator, or after thirty days from
issuance if no hearing is requested, the order shall be referred to as a
final administrative order. Where the order is agreed to by the parties,
the order shall be denominated as a final administrative order on
consent.
(b) The initial administrative order shall be executed by an
authorized official of EPA (petitioner), other than the Regional
Administrator or the Assistant Administrator for the Office of Solid
Waste and Emergency Response. For orders issued by EPA Headquarters,
rather than by a Regional office, all references in these procedures to
the Regional Administrator shall be understood to be to the Assistant
Administrator for Solid Waste and Emergency Response or his delegatee.
(c) The initial administrative order shall contain:
(1) A reference to the legal authority pursuant to which the order
is issued,
(2) A concise statement of the factual basis upon which the order is
issued, and
(3) Notification of respondent's right to request a hearing with
respect to any issue of material fact or the appropriateness of the
proposed corrective action.
[53 FR 12263, Apr. 13, 1988, as amended at 56 FR 49380, Sept. 27, 1991]
Sec. 24.03 Maintenance of docket and official record.
(a) A Clerk shall be designated by the Regional Administrator to
receive all initial orders, final orders, decisions, responses,
memoranda, and documents regarding the order and to maintain the
official record and docket.
(b) On or before the date the initial order is served on respondent
the EPA office issuing the order shall deliver to the Clerk (a copy of)
the administrative record supporting the findings of fact,
determinations of law, and relief sought in the initial administrative
[[Page 271]]
order. This record shall include all relevant documents and oral
information (which has been reduced to writing), which the Agency
considered in the process of developing and issuing the order, exclusive
of privileged internal communications. The administrative record
delivered to the Clerk must have an index and be available for review in
the appropriate Agency Regional or Headquarters office during normal
business hours after the order is issued.
Sec. 24.04 Filing and service of orders, decisions, and documents.
(a) Filing of orders, decisions, and documents. The original and one
copy of the initial administrative order, the recommended decision of
the Presiding Officer, the final decision and the final administrative
order, and one copy of the administrative record and an index thereto
must be filed with the Clerk designated for 3008(h) or 9003(h) orders.
In addition, all memoranda and documents submitted in the proceeding
shall be filed with the clerk.
(b) Service of orders, decisions, and rulings. The Clerk (or in the
case of the initial administrative order, any other designated EPA
employee) shall arrange for the effectuation of service of the initial
administrative order, the recommended decision of the Presiding Officer,
the final decision, and final administrative order. Service of a copy of
the initial administrative order together with a copy of these
procedures, the recommended decision of the Presiding Officer, the final
decision, or a final administrative order, shall be made personally or
by certified mail, return receipt requested or, if personal service
cannot be effectuated or certified mail is returned refused or unsigned,
by regular mail, on the respondent or his representative. The Clerk
shall serve other documents from the Presiding Officer by regular mail.
(c) Service of documents filed by the parties. Service of all
documents, filed by the parties, shall be made by the parties or their
representatives on other parties or their representatives and may be
regular mail, with the original filed with the Clerk. The original of
any pleading, letter, or other document (other than exhibits) shall be
signed by the party filing or by his counsel or other representative.
The signature constitutes a representation by the signer that he has
read the pleading, letter, or other document, that to the best of his
knowledge, information, and belief, the statements made therein are
true, and that it is not interposed for delay.
(d) Service in general. Service of orders, decisions, rulings, or
documents by either the Clerk or the parties shall, in the case of a
domestic or foreign corporation, a partnership, or other unincorporated
association, which is subject to suit under a common name, be made, as
prescribed in Sec. 24.04 (b) and (c), upon an officer, partner, managing
or general agent, or any person authorized by appointment or by Federal
or State law to receive service of process.
(e) Effective date of service. Service of the initial administrative
order and final administrative order is complete upon receipt by
respondent (or the respondent's agent, attorney, representative or other
person employed by respondent and receiving such service), personally or
by certified mail, or upon mailing by regular mail, if personal service
or service by certified mail cannot be accomplished, in accordance with
Sec. 24.04(b). Service of all other pleadings and documents is complete
upon mailing, except as provided in Secs. 24.10(b) and 24.14(e).
[53 FR 12263, Apr. 13, 1988, as amended at 56 FR 49380, Sept. 27, 1991]
Sec. 24.05 Response to the initial order; request for hearing.
(a) The initial administrative order becomes a final administrative
order thirty (30) days after service of the order, unless the respondent
files with the Clerk within thirty (30) days after service of the order,
a response to the initial order and requests a hearing.
(b) The response to the initial order and request for a hearing must
be in writing and mailed to, or personally served on, the Clerk of the
Regional office which issued the order.
(c) The response to the initial order shall specify each factual or
legal determination, or relief provision in the initial order the
respondent disputes and shall briefly indicate the basis
[[Page 272]]
upon which it disputes such determination or provision.
(d) Respondent may include with its response to the initial order
and request for a hearing a statement indicating whether it believes the
subpart B or subpart C hearing procedures should be employed for the
requested hearing and the reason(s) therefore.
Sec. 24.06 Designation of Presiding Officer.
Upon receipt of a request for a hearing, the Regional Administrator
shall designate a Presiding Officer to conduct the hearing and preside
over the proceedings.
Sec. 24.07 Informal settlement conference.
The respondent may request an informal settlement conference at any
time by contacting the appropriate EPA employee, as specified in the
initial administrative order. A request for an informal conference will
not affect the respondent's obligations to timely request a hearing.
Whether or not the respondent requests a hearing, the parties may confer
informally concerning any aspect of the order. The respondent and
respondent's representatives shall generally be allowed the opportunity
at an informal conference to discuss with the appropriate Agency
technical and legal personnel all aspects of the order, and in
particular the basis for the determination that a release has occurred
and the appropriateness of the ordered corrective action.
Sec. 24.08 Selection of appropriate hearing procedures.
(a) The hearing procedures set forth in subpart B of this part shall
be employed for any requested hearing if the initial order directs the
respondent----
(1) To undertake only a RCRA Facility Investigation and/or
Corrective Measures Study, which may include monitoring, surveys,
testing, information gathering, analyses, and/or studies (including
studies designed to develop recommendations for appropriate corrective
measures), or
(2) To undertake such investigations and/or studies and interim
corrective measures, and if such interim corrective measures are neither
costly nor technically complex and are necessary to protect human health
and the environment prior to development of a permanent remedy, or
(3) To undertake investigations/studies with respect to a release
from an underground storage tank.
(b) The hearing procedures set forth in subpart C of this part shall
be employed if the respondent seeks a hearing on an order directing
that----
(1) Corrective measures or such corrective measures together with
investigations/studies be undertaken, or
(2) Corrective action or such corrective action together with
investigations/studies be undertaken with respect to any release from an
underground storage tank.
(c) The procedures contained in subparts A and D of this part shall
be followed regardless of whether the initial order directs the
respondent to undertake an investigation pursuant to the procedures in
subpart B of this part, or requires the respondent to implement
corrective measures pursuant to the procedures in subpart C of this
part.
[56 FR 49380, Sept. 27, 1991]
Subpart B--Hearings on Orders Requiring Investigations or Studies
Sec. 24.09 Qualifications of Presiding Officer; ex parte discussion of the proceeding.
The Presiding Officer shall be either the Regional Judicial Officer
(as described in 40 CFR 22.04(b)) or another attorney employed by the
Agency, who has had no prior connection with the case, including the
performance of any investigative or prosecuting functions. At no time
after issuance of the initial administrative order and prior to issuance
of the final order shall the Regional Administrator, Presiding Officer,
or any person who will advise these officials in the decision on the
case, discuss ex parte the merits of the proceeding with any interested
person outside the Agency, with any Agency staff member who performs a
prosecutorial or investigative function in such proceeding or a
factually related proceeding, or with any representative of such person.
If, after issuance of the initial order and prior to issuance of the
final order, the Regional Administrator, Presiding Officer, or any
person
[[Page 273]]
who will advise these officials in the decision on the case receives
from or on behalf of any party in an ex parte communication information
which is relevant to the decision on the case and to which other parties
have not had an opportunity to respond, a summary of such information
shall be served on all other parties, who shall have an opportunity to
reply to same within ten (10) days of service of the summary.
Sec. 24.10 Scheduling the hearing; pre-hearing submissions by respondent.
(a) Date and time for hearing. The Presiding Officer shall establish
the date, time, location, and agenda for the requested public hearing
and transmit this information to the parties. Subject to Sec. 24.10(c),
the hearing shall be scheduled and held within thirty (30) days of the
Agency's receipt of the request for a public hearing.
(b) Pre-hearing submissions by respondent. At any time up to five
(5) business days before the hearing respondent may, but is not required
to, submit for inclusion in the administrative record information and
argument supporting respondent's positions on the facts, law and relief,
as each relates to the order in question. A copy of any information or
argument submitted by respondent shall be served such that the Clerk and
petitioner receive same at least five (5) business days before hearing.
(c) Postponment of hearing. The Presiding Officer may grant an
extension of time for the conduct of the hearing upon written request of
either party, for good cause shown, and after consideration of any
prejudice to other parties. The Presiding Officer may not extend the
date by which the request for hearing is due under Sec. 24.05(a).
(d) Location of hearing. The hearing shall be held in the city in
which the relevant EPA Regional Office is located, unless the Presiding
Officer determines that there is good cause to hold it in another
location.
Sec. 24.11 Hearing; oral presentations and written submissions by the parties.
The Presiding Officer shall conduct the hearing in a fair and
impartial way, taking action as needed to avoid unnecessary delay,
exclude redundant material and maintain order during the proceedings.
Representatives of EPA shall introduce the administrative record and be
prepared to summarize the basis for the order. The respondent shall have
a reasonable opportunity to address relevant issues and present its
views through legal counsel or technical advisors. The Presiding Officer
may also allow technical and legal discussions and interchanges between
the parties, including responses to questions to the extent deemed
appropriate. It is not the Agency's intent to provide EPA or respondent
an opportunity to engage in direct examination or cross-examination of
witnesses. The Presiding Officer may address questions to the
respondent's or EPA's representative(s) during the hearing. Each party
shall insure that a representative(s) is (are) present at the hearing,
who is (are) capable of responding to questions and articulating that
party's position on the law and facts at issue. Where respondent can
demonstrate that through no fault of its own certain documents
supportive of its position could not have been submitted before hearing
in accordance with the requirements of Sec. 24.10(b), it may submit such
documents at the hearing. Otherwise no new documentary support may be
submitted at hearing. The Presiding Officer may upon request grant
petitioner leave to respond to submissions made by respondent pursuant
to this section or Sec. 24.10(b). The Presiding Officer shall have the
discretion to order either party to submit additional information
(including but not limited to posthearing briefs on undeveloped factual,
technical, or legal matters) in whatever form he deems appropriate
either at or after the hearing.
Sec. 24.12 Summary of hearing; Presiding Officer's recommendation.
(a) As soon as practicable after the conclusion of the hearing a
written summary of the proceeding shall be prepared. This summary shall,
at a minimum, identify:
(1) The dates of and known attendees at the hearing; and
(2) The bases upon which the respondent contested the terms of the
order.
The summary must be signed by the Presiding Officer.
[[Page 274]]
(b) The Presiding Officer will evaluate the entire administrative
record and, on the basis of that review and the representations of EPA
and respondent at the hearing, shall prepare and file a recommended
decision with the Regional Administrator. The recommended decision must
address all material issues of fact or law properly raised by
respondent, and must recommend that the order be modified, withdrawn or
issued without modification. The recommended decision must provide an
explanation with citation to material contained in the record for any
decision to modify a term of the order, to issue the order without
change, or to withdraw the order. The recommended decision shall be
based on the administrative record. If the Presiding Officer finds that
any contested relief provision in the order is not supported by a
preponderance of the evidence in the record, the Presiding Officer shall
recommend that the order be modified and issued on terms that are
supported by the record or withdrawn.
(c) At any time within twenty-one (21) days of service of the
recommended decision on the parties, the parties may file comments on
the recommended decision with the Clerk. The Clerk shall promptly
transmit any such comments received to the Regional Administrator for
his consideration in reaching a final decision.
Subpart C--Hearings on Orders Requiring Corrective Measures
Sec. 24.13 Qualifications of Presiding Officer; ex parte discussion of the proceeding.
(a) Qualifications of Presiding Officer. The Presiding Officer shall
be either the Regional Judicial Officer (as described in 40 CFR
22.04(b)) of another attorney employed by the Agency, who has had no
prior connection with the case, including the performance of any
investigative or prosecuting functions.
(b) Ex parte discussion of the proceeding. At no time after issuance
of the initial administrative order and prior to issuance of the final
order shall the Regional Administrator, Presiding Officer, or any person
who will advise these officials in the decision on the case, discuss ex
parte the merits of the proceeding with any interested person outside
the Agency, with any Agency staff member who performs a prosecutorial or
investigative function in such proceeding or a factually related
proceeding, or with any representative of such person. If, after
issuance of the initial order and prior to issuance of the final order,
the Regional Administrator, Presiding Officer, or any person who will
advise these officials in the decision on the case receives from or on
behalf of any party in an ex parte communication information which is
relevant to the decision on the case and to which other parties have not
had an opportunity to respond, a summary of such information shall be
served on all other parties, who shall have an opportunity to reply to
same within ten (10) days of service of the summary.
Sec. 24.14 Scheduling the hearing; pre-hearing submissions by the parties.
(a) The Presiding Officer shall establish an expeditious schedule
for:
(1) The submission by respondent of a memorandum, with appropriate
affidavits and exhibits, stating and supporting respondent's position on
the facts, law and relief, specifying the bases upon and manner in which
such determinations or relief provisions, if erroneous, require
modification or withdrawal of the order:
(2) Submission of a response by EPA; and
(3) A public hearing.
Subject to Sec. 24.14(b), a hearing shall be scheduled within 45 days of
the order setting the schedule. The Presiding Officer shall establish
the date, time, location and agenda for the hearing and shall transmit
this information to the parties along with the schedule for the hearing.
(b) Postponement of the hearing. The Presiding Officer, as
appropriate, may grant an extension of time for the filing of any
document, other than a request for a hearing under Sec. 24.05(a), or may
grant an extension of time for the conduct of the hearing, upon written
request of either party, for good cause shown and after consideration of
any prejudice to other parties.
[[Page 275]]
(c) Respondent's pre-hearing submission. In accordance with the
schedule set by the Presiding Officer, the respondent shall file a
memorandum stating and supporting respondent's position on the facts,
law and relief. The memorandum must identify each factual allegation and
all issues regarding the appropriateness of the terms of the relief in
the initial order that respondent contests and for which respondent
requests a hearing. The memorandum must clearly state respondent's
position with respect to each such issue. Respondent must also include
any proposals for modification of the order. The memorandum shall also
present any arguments on the legal conclusions contained in the order.
(d) Written questions to EPA. The respondent may file a request with
the Presiding Officer for permission to submit written questions to the
EPA Regional Office issuing the order concerning issues of material fact
in the order.
(1) Requests shall be accompanied by the proposed questions. In most
instances, no more than twenty-five (25) questions, including
subquestions and subparts, may be posed. The request and questions must
be submitted to the Presiding Officer at least twenty-one (21) days
before the hearing.
(2) The Presiding Officer may direct EPA to respond to such
questions as he designates. In deciding whether or not to direct the
Agency to respond to written questions the Presiding Officer should
consider whether such responses are required for full disclosure and
adequate resolution of the facts. No questions shall be allowed
regarding privileged internal communications. The Presiding Officer
shall grant, deny, or modify such requests expeditiously. If a request
is granted the Presiding Officer may revise questions and may limit the
number and scope of questions. Questions may be deleted or revised in
the discretion of the Presiding Officer for reasons, which may include
the fact that he finds the questions to be irrelevant, redundant,
unnecessary, or an undue burden on the Agency. The Presiding Officer
shall transmit the questions as submitted or as modified to EPA. EPA
shall respond to the questions within fourteen (14) calendar days of
service of the questions by the Presiding Officer, unless an extension
is granted.
(e) Submission of additional information. The Presiding Officer
shall have the discretion to order either party to submit additional
information (including but not limited to post-hearing briefs on
undeveloped factual, technical, or legal matters) in whatever form he
deems appropriate either before, at, or after the hearing. The Presiding
Officer may issue subpoenas for the attendance and testimony of persons
and the production of relevant papers, books and documents. Since these
hearing procedures provide elsewhere that the parties are not to engage
in direct or cross-examination of witnesses, the subpoena power is to
serve only as an adjunct to the Presiding Officer's authority to ask
questions and otherwise take steps to clarify factual matters which are
in dispute. Upon request of the respondent the Presiding Officer may, in
his discretion, allow submittal by the respondent of additional
information in support of its claim, if it is received by the Clerk and
petitioner at least five (5) business days before the hearing.
(f) Location of hearing. The hearing shall be held in the city in
which the relevant EPA Regional Office is located, unless the Presiding
Officer determines that there is good cause to hold it in another
location.
Sec. 24.15 Hearing; oral presentations and written submissions by the parties.
(a) The Presiding Officer shall conduct the hearing in a fair and
impartial manner, take action to avoid unnecessary delay in the
disposition of the proceedings, and maintain order. The Presiding
Officer shall permit oral statements on behalf of the respondent and
EPA. The Presiding Officer may address questions to the respondent's or
the EPA's representative(s) during the hearing. Each party shall ensure
that a representative(s) is (are) present at the hearing, who is (are)
capable of responding to questions and articulating that party's
position on the law and facts at issue. Apart from questions by the
Presiding Officer, no direct examination or cross-examination shall be
allowed.
[[Page 276]]
(b) Upon commencement of the hearing, a representative of EPA shall
introduce the order and record supporting issuance of the order, and
summarize the basis for the order. The respondent may respond to the
administrative record and offer any facts, statements, explanations or
documents which bear on any issue for which the hearing has been
requested. Any such presentation by respondent may include new documents
only to the extent that respondent can demonstrate that, through no
fault of its own, such documents could not have been submitted before
hearing in accordance with the requirements of Sec. 24.14 (c) and (e).
The Agency may then present matters solely in rebuttal to matters
previously presented by the respondent. The Presiding Officer may allow
the respondent to respond to any such rebuttal submitted. The Presiding
Officer may exclude repetitive or irrelevant matter. The Presiding
Officer may upon request grant petitioner leave to respond to
submissions made by respondent pursuant to this paragraph or
Sec. 24.14(e).
Sec. 24.16 Transcript or recording of hearing.
(a) The hearing shall be either transcribed stenographically or tape
recorded. Upon written request, such transcript or tape recording shall
be made available for inspection or copying.
(b) The transcript or recording of the hearing and all written
submittals filed with the Clerk by the parties subsequent to initial
issuance of the order including post-hearing submissions will become
part of the administrative record for the proceeding, for consideration
by the Presiding Officer and Regional Administrator.
Sec. 24.17 Presiding Officer's recommendation.
(a) The Presiding Officer will, as soon as practicable after the
conclusion of the hearing, evaluate the entire administrative record
and, on the basis of the administrative record, prepare and file a
recommended decision with the Regional Administrator. The recommended
decision must address all material issues of fact or law properly raised
by respondent, and must recommend that the order be modified, withdrawn
or issued without modification. The recommended decision must provide an
explanation, with citation to material contained in the record for any
decision to modify a term of the order, to issue the order without
change or to withdraw the order. The recommended decision shall be based
on the administrative record. If the Presiding Officer finds that any
contested relief provision in the order is not supported by a
preponderance of the evidence in the record, the Presiding Officer shall
recommend that the order be modified and issued on terms that are
supported by the record, or withdrawn.
(b) At any time within twenty-one (21) days of service of the
recommended decision on the parties, the parties may file comments on
the recommended decision with the Clerk. The Clerk shall promptly
transmit any such comments received to the Regional Administrator for
his consideration in reaching a final decision.
Subpart D--Post-Hearing Procedures
Sec. 24.18 Final decision.
As soon as practicable after receipt of the recommended decision,
the Regional Administrator will either sign or modify such recommended
decision, and issue it as a final decision. If the Regional
Administrator modifies the recommended decision, he shall insure that
the final decision indicates the legal and factual basis for the
decision as modified. The Regional Administrator's decision shall be
based on the administrative record.
Sec. 24.19 Final order.
If the Regional Administrator does not adopt portions of the initial
order, or finds that modification of the order is necessary, the
signatory official on the initial administrative order shall modify the
order in accordance with the terms of the final decision and file
[[Page 277]]
and serve a copy of the final administrative order. If the Regional
Administrator finds the initial order appropriate as originally issued,
the final decision shall declare the initial administrative order to be
a final order, effective upon service of the final decision. If the
Regional Administrator declares that the initial order must be
withdrawn, the signatory official on the initial administrative order
will file and serve a withdrawal of the initial administrative order.
This may be done without prejudice.
Sec. 24.20 Final agency action.
The final decision and the final administrative order are final
agency actions that are effective on filing and service. These actions
are not appealable to the Administrator.