§ 1.25 - Staff offices.

§ 1.25 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 monitors the Agency's equal employment opportunity program; provides advice and guidance to EPA program officials and Regional Administrators on EEO matters; serves as advocate for furthering career opportunities for minorities and women; and processes complaints of discrimination for Agency disposition. The office assures:

(1) Maximum participation of minority business enterprises under EPA contracts and grants;

(2) Equal employment opportunity under Agency service contracts, construction contracts, and grants;

(3) Compliance with the Davis-Bacon Act and related acts;

(4) Compliance with the provisions of laws affecting Agency programs requiring nondiscrimination on account of age and physical handicap and;

(5) Services or benefits are dispensed under any program or activity receiving Agency financial assistance on a nondiscrimination basis.

(c) Science Advisory Board. The Science Advisory Board, under the direction of a Director, provides expert and independent advice to the Administrator on the scientific and technical issues facing the Agency. The Office advises on broad, scientific, technical and policy matters; assesses the results of specific research efforts; assists in identifying emerging environmental problems; and advises the Administrator on the cohesiveness and currency of the Agency's scientific programs.

(d) Office of Small and Disadvantaged Business Utilization. The Office of Small and Disadvantaged Business Utilization, under the supervision of a Director, is responsible for developing policy and procedures implementing the Agency's small and disadvantaged business utilization responsibilities. The Office provides information and assistance to components of the Agency's field offices responsible for carrying out related activities. The Office develops and implements a program to provide the maximum utilization of women-owned business enterprises in all aspects of EPA contract work; in collaboration with the Procurement and Contracts Management Division, develops programs to stimulate and improve involvement of small and minority business enterprises; and recommends the assignment of technical advisers to assist designated Procurement Center Representatives of the Small Business Administration in their duties. The Office represents EPA at hearings, interagency meetings, conferences and other appropriate forums on matters related to the advancement of these cited business enterprises in EPA's Federal Contracting Program.

(e)

(1) Environmental Appeals Board. The Environmental Appeals Board is a permanent body with continuing functions composed of no more than four Board Members designated by the Administrator. The Board shall decide each matter before it in accordance with applicable statutes and regulations. The Board typically shall sit on matters before it in three-Member panels, and shall decide each matter by a majority vote. In the event that absence or recusal prevents a three-Member panel, the Board shall sit on a matter as a panel of two Members, and two Members shall constitute a quorum under such circumstances. The Board in its sole discretion shall establish panels to consider matters before it. The Board's decisions regarding panel size and composition shall not be reviewable. In the case of a tie vote, the matter shall be referred to the Administrator to break the tie.

(2) Functions.

(i)

The Environmental Appeals Board shall exercise

only that

any authority expressly delegated to it in this title.

The

With respect to any matter for which authority has not been expressly delegated to the Environmental Appeals Board,

may also

the Environmental Appeals Board shall, at the Administrator's

express

request, provide advice and consultation, make findings of fact and conclusions of law, prepare a recommended decision, or serve as the final decisionmaker, as the Administrator deems appropriate.

(ii)

In performing its functions, the Environmental Appeals Board may consult with any EPA employee concerning any matter governed by the rules set forth in this title, provided such consultation does not violate applicable ex parte rules in this title.

(

iii) The Administrator may limit the Environmental Appeals Board's authority to interpret statutes and regulations otherwise delegated to it in this title by issuing, through the General Counsel, a binding legal interpretation of any applicable statute or regulation. Nothing in this section limits the Administrator's authority to review or change any EAB decision.

(3) Final Decisions and Orders.

(i) Designation. The Environmental Appeals Board shall designate each final decision as either a published decision or an unpublished final order at the time such decision is issued.

(ii) Published decisions.

(A) Except as provided in paragraph (e)(3)(ii)(B) of this section, the Environmental Appeals Board may not publish a decision in the Environmental Appeals Decisions (E.A.D.) or on the Board's website under the heading “Published Decisions” until 15 days after the date on which the decision is issued.

(B) The Administrator may, within 15 days of the Environmental Appeals Board issuing a decision designated for publication, re-designate the decision as an unpublished final order. Once re-designated, the Environmental Appeals Board may not publish such decision in the Environmental Appeals Decisions (E.A.D.) or on the Board's website under the heading “Published Decisions”.

(4)

Qualifications. Each member of the Environmental Appeals Board shall be a graduate of an accredited law school and a member in good standing of a recognized bar association of any State or the District of Columbia. Board Members shall not be employed by the Office of Enforcement, the Office of the General Counsel, a Regional Office, or any other office directly associated with matters that could come before the Environmental Appeals Board. A Board Member shall recuse himself or herself from deciding a particular case if that Board Member in previous employment performed prosecutorial or investigative functions with respect to the case, participated in the preparation or presentation of evidence in the case, or was otherwise personally involved in the case.

(5) Term.

(i) Initial terms.

(A) The seat of the longest serving member is designated as seat one, the second longest serving member as seat two, the third longest serving member as seat three, and the most recent member as seat four. If any of the four seats are vacant as of September 21, 2020, any such seat is designated a number based on the date on which it became vacant, after seats have been designated for current members.

(B) The initial term for seat one ends three years from September 21, 2020. The initial term for seat two ends six years from September 21, 2020. The initial term for seat three ends nine years from September 21, 2020. The initial term for seat four ends twelve years after September 21, 2020. The Administrator has the option of renewing these initial terms under paragraph (e)(5)(ii) of this section.

(C) Nothing in this section prevents a member of the Environmental Appeals Board from resigning, retiring, or transferring before the expiration of the member's initial term. Similarly, nothing in this paragraph forecloses the Administrator from reassigning a member of the Environmental Appeals Board to another position, consistent with applicable requirements, prior to the expiration of the member's initial term. The Administrator shall follow the provisions in 5 CFR 317.901 in making any reassignment under this section.

(D) If a member of the Environmental Appeals Board resigns, retires, or transfers before the expiration of the member's initial term, the replacement member will serve for the remaining portion of the initial term, with an option for renewal at the end of the term. If the term of the replacement member is not renewed, the Administrator shall reassign the replacement member to another position, consistent with the provisions of 5 CFR 317.901.

(ii) 12-year terms.

(A) After the initial terms in paragraph (e)(5)(i) of this section, each member of the Environmental Appeals Board is appointed to a twelve-year term, with an option for renewal at the end of that twelve-year period. Nothing in this paragraph prevents a member of the Environmental Appeals Board from resigning, retiring, or transferring before the expiration of the member's twelve-year term. Similarly, nothing in this paragraph forecloses the Administrator from reassigning a member of the Environmental Appeals Board to another position, consistent with applicable requirements, prior to the expiration of the member's renewable twelve-year term. The Administrator shall follow the provisions in 5 CFR 317.901 in making any reassignment under this section.

(B) If a member of the Environmental Appeals Board resigns, retires, or transfers before the expiration of the member's term, the replacement member will serve for the remaining portion of the term, with an option for renewal at the end of the term. If the term of the replacement member is not renewed, the Administrator shall reassign the replacement member to another position, consistent with the provisions of 5 CFR 317.901.

[50 FR 26721, June 28, 1985, as amended at 57 FR 5323, Feb. 13, 1992; 63 FR 67780, Dec. 9, 1998; 85 FR 51655, Aug. 21, 2020; 86 FR 31176, June 11, 2021]