[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR124.12]

[Page 282]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 124--PROCEDURES FOR DECISIONMAKING--Table of Contents
 
                 Subpart A--General Program Requirements
 
Sec. 124.12  Public hearings.

    (a) (Applicable to State programs, see Secs. 123.25 (NPDES), 145.11 
(UIC), 233.26 (404), and 271.14 (RCRA).) (1) The Director shall hold a 
public hearing whenever he or she finds, on the basis of requests, a 
significant degree of public interest in a draft permit(s);
    (2) The Director may also hold a public hearing at his or her 
discretion, whenever, for instance, such a hearing might clarify one or 
more issues involved in the permit decision;
    (3) For RCRA permits only, (i) the Director shall hold a public 
hearing whenever he or she receives written notice of opposition to a 
draft permit and a request for a hearing within 45 days of public notice 
under Sec. 124.10(b)(1); (ii) whenever possible the Director shall 
schedule a hearing under this section at a location convenient to the 
nearest population center to the proposed facility;
    (4) Public notice of the hearing shall be given as specified in 
Sec. 124.10.
    (b) Whenever a public hearing will be held and EPA is the permitting 
authority, the Regional Administrator shall designate a Presiding 
Officer for the hearing who shall be responsible for its scheduling and 
orderly conduct.
    (c) Any person may submit oral or written statements and data 
concerning the draft permit. Reasonable limits may be set upon the time 
allowed for oral statements, and the submission of statements in writing 
may be required. The public comment period under Sec. 124.10 shall 
automatically be extended to the close of any public hearing under this 
section. The hearing officer may also extend the comment period by so 
stating at the hearing.
    (d) A tape recording or written transcript of the hearing shall be 
made available to the public.

[48 FR 14264, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 
FR 6941, Feb. 19, 1985; 54 FR 258, Jan. 4, 1989; 65 FR 30911, May 15, 
2000]