[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.31]

[Page 171-172]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.31  Intervention.

    (a) Motion. Any person may file a motion for leave to intervene in a 
hearing conducted under this subpart. A motion must set forth the 
grounds for the proposed intervention, the position and interest of the 
movant in the proceeding and the documents proposed to be filed pursuant 
to either Sec. 164.22 or Sec. 164.24.
    (b) When filed. A motion for leave to intervene in a hearing must 
ordinarily be filed prior to the commencement of the first prehearing 
conference. Any motion filed after that time must contain, in addition 
to the information set forth in paragraph (a) of this section, a 
statement of good cause for the failure to file the motion prior to the 
commencement of the first prehearing conference, and shall be granted 
only upon a finding (1) that extraordinary circumstances justify the 
granting of the motion, or (2) that the intervenor shall be bound by 
agreements, arrangements, and other matters previously made in the 
proceeding.
    (c) Disposition. Leave to intervene will be freely granted but only 
insofar as such leave raises matters which are pertinent to and do not 
unreasonably broaden the issues already presented. If leave is granted, 
the movant shall thereby become a party with the full status of the 
original parties to the proceedings. If leave is denied, the movant may 
request that the ruling be certified to the Environmental Appeals Board, 
pursuant to Sec. 164.100 for a speedy appeal.
    (d) Amicus curiae. Persons not parties to the proceedings wishing to 
file briefs may do so by leave of the Administrative Law Judge granted 
on motion. A

[[Page 172]]

motion for leave shall identify the interest of the applicant and shall 
state the reasons why the proposed amicus brief is desirable. Unless all 
parties otherwise consent, an amicus curiae shall file its brief within 
the time allowed the party whose position the brief will support. Upon a 
showing of good cause, the Administrator or Administrative Law Judge may 
grant permission for later filing.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5342, Feb. 13, 1992]