The Administrator may commence an administrative proceeding at any time with respect to a matter within the Administrator’s jurisdiction. The Administrator shall commence an administrative proceeding upon the application of a person, unless:
1. The Administrator lacks jurisdiction over the subject matter;
2. Resolution of the matter requires the Administrator to exercise discretion to determine whether or not to issue an order;
3. A statute vests the Administrator with discretion to conduct or not to conduct an administrative proceeding before issuing an order to resolve the matter and, in the exercise of discretion, the Administrator determines not to conduct an administrative proceeding;
4. Resolution of the matter does not require the Administrator to issue an order that determines the person’s legal rights, duties, privileges, immunities or other legal interests;
5. The matter is not timely submitted to the Administrator; or
6. The matter is not submitted in a form substantially complying with the regulations of the Administrator.