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Notes

40 C.F.R. §§ 178.20–178.27

3 sections in range

§178.20. Right to submit objections and requests for a hearing.

40 C.F.R. § 178.20

(a)
On or before the 60th day after the date of publication in the Federal Register of an order under part 180 of this chapter establishing, modifying, or revoking a regulation, or denying all or any portion of a petition, a person adversely affected by such order or petition denial may submit, in accordance with § 178.25, one or more written objections to the order (or to the action that is the subject of the order).
(b)
A person may include with any such objection a written request for an evidentiary hearing on such objection in accordance with § 178.27
(c)
A person who submits objections need not request a hearing. For instance, if the person's objections are of a purely legal or policy nature, a hearing request would be inappropriate; the purpose of an evidentiary hearing is to resolve factual disputes. The Administrator will rule on the objections, whether or not a hearing is requested.
(d)
As a matter of discretion, the Administrator may order a hearing on an objection even though no person has requested a hearing.
Notes, amendments, and revision history

Amendments

[55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]

Authority

Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

Source

Source: 55 FR 50291, Dec. 5, 1990, unless otherwise noted.

Amendments

[55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]

§178.25. Form and manner of submission of objections.

40 C.F.R. § 178.25

(a)
To be considered by the Administrator, an objection must—
(1)
Be in writing.
(2)
Specify with particularity the provision(s) of the order, regulation, or denial objected to, the basis for the objection(s), and the relief sought.
(3)
Be signed by the objector.
(4)
State the objector's name and mailing address.
(5)
Be accompanied by the fee prescribed by § 180.33(i) of this chapter, if the objection is to an order or regulation issued under part 180 of this chapter.
(6)
Be submitted to the hearing clerk.
(7)
Be received by the Hearing Clerk not later than the close of business of the 60th day following the date of the publication in the Federal Register of the order to which the objection is taken (or, if such 60th day is a Saturday, Sunday, or Federal holiday, not later than the close of business of the next government business day after such 60th day).
(b)
Submissions to the hearing clerk shall be made as follows:
(1)
Mailed submissions should be addressed to— Office of the Hearing Clerk (1900L), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
(2)
For hand/courier delivery the Office of the Hearing Clerk is located at Suite 350, 1099 14 th St., NW., Washington, DC 20005.
Notes, amendments, and revision history

Amendments

[55 FR 50291, Dec. 5, 1990, as amended at 69 FR 39864, July 1, 2004; 70 FR 33359, June 8, 2005; 71 FR 35546, June 21, 2006]

Authority

Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

Source

Source: 55 FR 50291, Dec. 5, 1990, unless otherwise noted.

Amendments

[55 FR 50291, Dec. 5, 1990, as amended at 69 FR 39864, July 1, 2004; 70 FR 33359, June 8, 2005; 71 FR 35546, June 21, 2006]

§178.27. Form and manner of submission of request for evidentiary hearing.

40 C.F.R. § 178.27

To be considered by the Administrator, a request for an evidentiary hearing must meet the criteria in § 178.32, and must:
(a)
Be submitted as a part of, and specifically request an evidentiary hearing on an objection that complies with the requirements of § 178.25.
(b)
Include a statement of the factual issue(s) on which a hearing is requested and the requestor's contentions on each such issue.
(c)
Include a copy of any report, article, survey, or other written document (or the pertinent pages thereof) upon which the objector relies to justify an evidentiary hearing, unless the document is an EPA document that is routinely available to any member of the public.
(d)
Include a summary of any evidence not described in paragraph (a)(3) of this section upon which the objector relies to justify an evidentiary hearing.
(e)
Include a discussion of the relationship between the factual issues and the relief requested by the objection.
Notes, amendments, and revision history

Authority

Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

Source

Source: 55 FR 50291, Dec. 5, 1990, unless otherwise noted.