---
kind: "section"
citation: "40 C.F.R. § 281.42"
title: "40"
number: "281.42"
heading: "Requirements for public participation."
url: "https://uscodex.org/cfr/40/281.42"
---

# §281.42. Requirements for public participation.


Any state administering a program must provide for public participation in the state enforcement process by providing any one of the following three options:

- (a) Authority that allows intervention analogous to Federal [Rule 24(a)(2)](/cfr/40/24.md?p=a-2) from Title IV of the Federal Rules of Civil Procedure, and assurance by the state that it will not oppose intervention under the state analogue to [Rule 24(a)(2)](/cfr/40/24.md?p=a-2) on the ground that the applicant's interest is adequately represented by the state.
- (b) Authority that allows intervention of right in any civil action to obtain the remedies specified in [§ 281.41](/cfr/40/281.41.md) by any citizen having an interest that is or may be adversely affected; or
- (c) **Assurance by the appropriate state agency that—**
  - (1) It will provide notice and opportunity for public comment on all proposed settlements of civil enforcement actions (except where immediate action is necessary to adequately protect human health and the environment);
  - (2) It will investigate and provide responses to citizen complaints about violations; and
  - (3) It will not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.

## Notes

### Authority

Authority: 42 U.S.C. 6912, 6991(c), 6991(d), 6991(e), 6991(i), 6991(k).

### Source

Source: 80 FR 41677, July 15, 2015, unless otherwise noted.