[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: 40CFR179.81]

[Page 290-291]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                      Subpart E--Hearing Procedures
 
Sec. 179.81  Availability of documents.

    (a) All orders, decisions, pleadings, transcripts, exhibits, and 
other docket entries shall become part of the official docket and shall 
be retained by the hearing clerk. Except as otherwise provided by 
paragraph (b) of this section or part 2 of this chapter, all documents 
that are a part of the official docket shall be made available to the 
public for reasonable inspection during Agency business hours. Copies of 
such documents may be obtained by members of the public as provided in 
part 2 of this chapter.
    (b) Whenever any information or data are required to be produced or 
examined in a hearing and any party makes

[[Page 291]]

a business confidentiality claim regarding such information under part 2 
of this chapter, the availability of such information to the other 
parties or to the public shall be determined by EPA in accordance with 
part 2 of this chapter, including specifically the procedures and 
principles set forth in Sec. 2.30l(g)(3) and (g)(4) of this chapter. The 
presiding officer shall make the determinations with respect to the 
matters referred to in Sec. 2.301(g)(3) and (g)(4) to the extent 
provided, and shall take such steps as are necessary for the protection 
of information entitled to confidential treatment or otherwise exempt 
from public disclosure, including issuance of protective orders to 
parties or taking testimony in a closed hearing.