[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR222.10]

[Page 195-196]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 222--ACTION ON OCEAN DUMPING PERMIT APPLICATIONS UNDER SECTION 102 
OF THE ACT--Table of Contents
 
Sec. 222.10  Appeal to adjudicatory hearing.

    (a) Within 10 days following the receipt of notice of the issuance 
or denial of any permit pursuant to Sec. 222.9 after a hearing held 
pursuant to Sec. 222.7, any interested person who participated in such 
hearing may request that an adjudicatory hearing be held pursuant to 
Sec. 222.11 for the purpose of reviewing such determination, or any part 
thereof. Any such request for an adjudicatory hearing shall be filed 
with the Administrator or the Regional Administrator, as the case may 
be, and shall be in writing, shall identify the person requesting the 
adjudicatory hearing and shall state with particularity the objections 
to the determination, the basis therefor and the modification requested.

[[Page 196]]

    (b) Whenever a written request satisfying the requirements of 
paragraph (a) of this section has been received and the Administrator or 
Regional Administrator, as the case may be, determines that an 
adjudicatory hearing is warranted, the Administrator or the Regional 
Administrator, as the case may be, will set a time and place for an 
adjudicatory hearing in accordance with Sec. 222.5, and will give notice 
of such hearing by publication in accordance with Sec. 222.3.
    (c) Prior to the conclusion of the adjudicatory hearing and appeal 
process, the Administrator or the Regional Administrator, as the case 
may be, in his discretion may extend the duration of a previously issued 
permit until a final determination has been made pursuant to Sec. 222.11 
or Sec. 222.12.
    (d) In the event the Administrator or the Regional Administrator, as 
the case may be, determines that a request filed pursuant to paragraph 
(a) of this section does not comply with the requirements of such 
paragraph (a) of this section or that such request does not present 
substantial issues of public interest, he shall advise, in writing, the 
person requesting the adjudicatory hearing of his determination.
    (e) Any person requesting an adjudicatory hearing or requesting 
admission as a party to an adjudicatory hearing shall state in his 
written request, and shall by filing such request consent, that he and 
his employees and agents shall submit themselves to direct and cross-
examination at any such hearing and to the taking of an oath 
administered by the Presiding Officer.