40 C.F.R. § 22.32

Motion to reconsider a final order

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Motions to reconsider a final order issued pursuant to § 22.30 shall be filed within 10 days after service of the final order. Motions must set forth the matters claimed to have been erroneously decided and the nature of the alleged errors. Motions for reconsideration under this provision shall be directed to, and decided by, the Environmental Appeals Board. Motions for reconsideration directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered, except in cases that the Environmental Appeals Board has referred to the Administrator pursuant to § 22.4(a) and in which the Administrator has issued the final order. A motion for reconsideration shall not stay the effective date of the final order unless so ordered by the Environmental Appeals Board.

Notes of Decisions

Cited in 2 cases, 1985–2009 · leading case: Panhandle Coop. Ass'n, Bridgeport, Nebraska v. Env't Prot. Agency, 771 F.2d 1149 (8th Cir. 1985).

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Panhandle Coop. Ass'n, Bridgeport, Nebraska v. Env't Prot. Agency, 771 F.2d 1149 (8th Cir. 1985). “See 40 C.F.R. § 22.32 (1984). 3 On the record before us, we cannot sustain Panhandle’s position.”

Martex Farms, S.E. v. United States Env't Prot. Agency, 559 F.3d 29 (1st Cir. 2009). “See 40 C.F.R. § 22.32 . *34 Therefore, it is not clear that this claim was properly raised below.”

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