[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: 40CFR179.42]

[Page 288-289]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
            Subpart C--Participation and Appearance; Conduct
 
Sec. 179.42  Notice of participation.


    (a) OPPTS shall be a party to a hearing under this part. Any other 
person may participate as a party in such a hearing to the extent 
specified by this section.
    (b) A person desiring to participate in a hearing must file with the 
hearing clerk within 30 days after publication of the Notice of Hearing 
under Sec. 179.20, a Notice of Participation in the following form:

                         Notice of Participation

Docket No. --------------------
Under 40 CFR part l79, please enter the participation of: --------------
          ----------
(Name) ----------------------------------
(Street address) --------------------------
(City and State)--------------------------
(Telephone number) --------------------
Service on the above will be accepted by: ------------------------
(Name) ----------------------------------
(Street address) --------------------------
(City and State) --------------------------
(Telephone number) --------------------
Signed: --------------------------------
Date: ------------------------


[[Page 289]]


    (c) An amendment to a Notice of Participation must be filed with the 
hearing clerk and served on all parties.
    (d) No person may participate in a hearing who has not filed a 
written Notice of Participation or whose participation has been stricken 
under paragraph (f) of this section.
    (e) The presiding officer may permit the late filing of a Notice of 
Participation upon a showing of good cause. Arrangements and agreements 
previously made in the proceeding shall apply to any party admitted 
late.
    (f) The presiding officer may strike the participation of a person 
for failure to comply with any requirement of this subpart. Any person 
whose participation is striken may obtain interlocutory review thereof 
by the Administrator.

[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992]