Section 1068.601 - OverviewThe regulations of this chapter involve numerous provisions that may result in EPA making a decision or judgment that you may consider adverse to your interests. For example, our decisions might require you to pay penalties, or you might consider that our decisions will limit your business activities or put you at a competitive disadvantage. As specified in the regulations in this chapter, this might involve an opportunity for an informal hearing or a formal hearing that follows specific procedures and is directed by a Presiding Officer. The regulations in this chapter generally specify when we would hold a hearing. In limited circumstances, we may grant a request for a hearing related to adverse decisions regarding regulatory provisions for which we do not specifically describe the possibility of asking for a hearing.
(a) If you request a hearing regarding our decision to assess administrative penalties under § 1068.125 , we will hold a formal hearing according to the provisions of 40 CFR 22.1 through 22.32 and 22.34 .(b) For other issues where the regulation allows for a hearing in response to an adverse decision, you may request an informal hearing as described in § 1068.650 . Sections 1068.610 through 1068.630 describe when and how to request an informal hearing under various circumstances.(c) The time limits we specify are calendar days and include weekends and holidays, except that a deadline falling on a Saturday, Sunday, or a federal holiday is understood to move to the next business day. Your filing will be considered timely based on the following criteria relative to the specified deadline: (1) The postmarked date for items sent by U.S. mail must be on or before the specified date.(2) The ship date for items sent from any location within the United States by commercial carriers must be on or before the specified date.(3) Items sent by mail or courier from outside the United States must be received by the specified date.(4) The time and date stamp on an email message must be at or before 5:00 p.m. on the specified date (in either the source or destination time zone).(5) The time and date stamp on faxed pages must be at or before 5:00 p.m. on the specified date (in either the source or destination time zone).(6) Hand-delivered items must be received by the appropriate personnel by 3:00 p.m. on the specified date.(d) See the standard-setting part for additional information. If the standard-setting part specifies any provisions that are contrary to those described in this subpart, the provisions of the standard-setting part apply instead of those described in this subpart.81 FR 74233, Oct. 25, 2016, as amended at 88 FR 4718, Jan. 24, 2023 81 FR 74233, 12/27/2016; 88 FR 4718, 3/27/2023