[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR178.70]

[Page 285-286]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 178--OBJECTIONS AND REQUESTS FOR HEARINGS--Table of Contents
 
                       Subpart D--Judicial Review
 
Sec. 178.70  Administrative record.

    (a) For purposes of judicial review, the record of an administrative 
proceeding that culminates in an order under Sec. 178.37 consists of:
    (1) The objection ruled on (and any request for hearing that was 
included with the objection).
    (2) Any order issued under Sec. 177.125 of this chapter to which the 
objection related, and:
    (i) Any regulation or petition denial that was the subject of that 
order.
    (ii) The petition to which such order responded.
    (iii) Any amendment or supplement of the petition.
    (iv) The data and information submitted in support of the petition.
    (v) The notice of filing of the petition.
    (3) Any order issued under Sec. 177.130 of this chapter to which the 
objection related, the regulation that was the subject of that order, 
and each related Notice of Proposed Rulemaking.
    (4) Any order issued under Sec. 180.7(g) of this chapter to which 
the objection related, and:
    (i) Any regulation or petition denial that was the subject of that 
order.
    (ii) The petition to which such order responded.

[[Page 286]]

    (iii) Any amendment or supplement of the petition.
    (iv) The data and information submitted in support of the petition.
    (v) The notice of filing of the petition.
    (5) Any order issued under Sec. 180.29(f) of this chapter to which 
the objection related, the regulation that was the subject of that 
order, and each related Notice of Proposed Rulemaking.
    (6) Any comments submitted by members of the public in response to 
the Notice of Filing or Notice of Proposed Rulemaking, any data or 
information submitted as part of the comments, the Administrator's 
response to comments and the documents or information relied on by the 
Administrator in issuing the regulation or order.
    (7) All other documents or information submitted to the docket for 
the rulemaking in question.
    (8) The order issued under Sec. 178.37.
    (b) The record will be closed as of the date of the Administrator's 
decision unless another date for closing of the record is specified in 
the order issued under Sec. 178.37.