---
kind: "section"
citation: "40 C.F.R. § 17.3"
title: "40"
number: "17.3"
heading: "Proceedings covered."
url: "https://uscodex.org/cfr/40/17.3"
---

# §17.3. Proceedings covered.

- (a) These rules apply to adversary adjudications required by statute to be conducted by EPA under [5 U.S.C. 554](/usc/5/554.md). To the extent that they are adversary adjudications, the proceedings conducted by EPA to which these rules apply include:
  - (1) A hearing to consider the assessment of a noncompliance penalty under section 120 of the Clean Air Act as amended ([42 U.S.C. 7420](/usc/42/7420.md));
  - (2) A hearing to consider the termination of an individual National Pollution Discharge Elimination System permit under section 402 of the Clean Water Act as amended ([33 U.S.C. 1342](/usc/33/1342.md));
  - (3) A hearing to consider the assessment of any civil penalty under section 16(a) of the Toxic Substances Control Act ([15 U.S.C. 2615(a)](/usc/15/2615.md?p=a));
  - (4) A hearing to consider ordering a manufacturer of hazardous chemical substances or mixtures to take actions under section 6(b) of the Toxic Substances Control Act ([15 U.S.C. 2605(b)](/usc/15/2605.md?p=b)), to decrease the unreasonable risk posed by a chemical substance or mixture;
  - (5) A hearing to consider the assessment of any civil penalty under [section 14(a)](/cfr/40/14.md?p=a) of the Federal Insecticide, Fungicide, and Rodenticide Act as amended ([7 U.S.C. 1361](/usc/7/1361.md));
  - (6) A hearing to consider suspension of a registrant for failure to take appropriate steps in the development of registration data under [section 3(c)(2)(B)](/cfr/40/3.md?p=c-2-B) of the Federal Insecticide, Fungicide and Rodenticide Act as amended ([7 U.S.C. 136a](/usc/7/136a.md));
  - (7) A hearing to consider the suspension or cancellation of a registration under [section 6](/cfr/40/6.md) of the Federal Insecticide, Fungicide, and Rodenticide Act as amended ([7 U.S.C. 136d](/usc/7/136d.md));
  - (8) A hearing to consider the assessment of any civil penalty or the revocation or suspension of any permit under section [105(a)](/cfr/40/105.md?p=a) or [105(f)](/cfr/40/105.md?p=f) of the Marine Protection, Research, and Sanctuaries Act as amended (33 U.S.C. [1415(a)](/usc/33/1415.md?p=a), [33](/usc/33/33.md) U.S.C. 1415(f));
  - (9) A hearing to consider the issuance of a compliance order or the assessment of any civil penalty conducted under [section 3008](/cfr/40/3008.md) of the Resource Conservation and Recovery Act as amended ([42 U.S.C. 6928](/usc/42/6928.md));
  - (10) A hearing to consider the issuance of a compliance order under section 11(d) of the Noise Control Act as amended ([42 U.S.C. 4910(d)](/usc/42/4910.md?p=d)).
- (b) If a proceeding includes both matters covered by the Act and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues.

## Notes

### Authority

Authority: Section 504, Title 5 U.S.C., as amended by sec. 203(a)(1), Equal Access to Justice Act (Title 2 of Pub. L. 96-481, 94 Stat. 2323).

### Source

Source: 48 FR 39936, Sept. 2, 1983, unless otherwise noted.