[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: 40CFR178.37]

[Page 285]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 178--OBJECTIONS AND REQUESTS FOR HEARINGS--Table of Contents
 
  Subpart B--Procedures for Filing Objections and Requests for Hearing
 
Sec. 178.37  Order responding to objections on which a hearing was not 
requested or was denied.

    (a) The Administrator will publish in the Federal Register an order 
under FFDCA section 408(d)(5) or 409(f)(1) setting forth the 
Administrator's determination on each denial of a request for a hearing, 
and on each objection submitted under Sec. 178.20 on which:
    (1) A hearing was not requested.
    (2) A hearing was requested, but denied.
    (b) Each order published under paragraph (a) of this section must 
state the reasons for the Administrator's determination. If the order 
denies a request for a hearing on the objection, the order also must 
state the reason for that denial (e.g., why the request for a hearing 
did not conform to Sec. 178.27, or why the request was denied under 
Sec. 178.32).
    (c) Each order published under paragraph (a) of this section must 
state its effective date, which must not be earlier than the 90th day 
after the order is published unless the order contains the 
Administrator's findings as to the existence of emergency conditions 
that necessitate an earlier effective date.

Subpart C [Reserved]