40 CFR 209.3 - Definitions.
All terms not defined in this section shall have the meaning given them in the Act.
(a) Act means the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).
(b) Administrative law judge means an administrative law judge appointed under 5 U.S.C. 3105 (see also 5 CFR part 930, as amended by 37 FR 16787). “Administrative law judge” is synonymous with “hearing examiner” as used in Title 5 of the United States Code.
(c) Administrator means the Administrator of the Environmental Protection Agency or his or her delegate.
(e) Complainant means the Agency acting through any person authorized by the Administrator to issue a complaint to alleged violators of the Act. The complainant shall not be the judicial officer or the Administrator.
(g) Intervener means a person who files a motion to be made a party under § 209.15 or § 209.16, and whose motion is approved.
(i) Person means any individual, corporation, partnership, or association, and includes any officer, employee, department, agency or instrumentality of the United States, a State, or any political subdivision of a State.
(k) Environmental Appeals Board means the Board within the Agency described in § 1.25 of this title. The Administrator delegates authority to the Environmental Appeals Board to issue final decisions in appeals filed under this part. An appeal directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered. This delegation of authority to the Environmental Appeals Board does not preclude the Environmental Appeals Board from referring an appeal or a motion filed under this part to the Administrator for decision when the Environmental Appeals Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Administrator, all parties shall be so notified and the rules in this part referring to the Environmental Appeals Board shall be interpreted as referring to the -Administrator.
[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992]
Title 40 published on 2013-07-01
no entries appear in the Federal Register after this date.