[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: 40CFR231.4]

[Page 276-277]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 231--SECTION 404(c) PROCEDURES--Table of Contents
 
Sec. 231.4  Public comments and hearings.

    (a) The Regional Administrator shall provide a comment period of not 
less than 30 or more than 60 days following the date of public notice of 
the proposed determination. During this period any interested persons 
may submit written comments on the proposed determination. Comments 
should be directed to whether the proposed determination should become 
the final determination and corrective action that could be taken to 
reduce the adverse impact of the discharge. All such comments shall be 
considered by the Regional Administrator or his designee in preparing 
his recommended determination in Sec. 231.5.
    (b) Where the Regional Administrator finds a significant degree of 
public interest in a proposed determination or that it would be 
otherwise in the public interest to hold a hearing, or if an affected 
landowner or permit applicant or holder requests a hearing, he or his 
designee shall hold a public hearing. Public notice of that hearing 
shall be given as specified in Sec. 231.3(c). No hearing may be held 
prior to 21 days after the date of the public notice. The hearing may be 
scheduled either by the Regional Administrator at his own initiative, or 
in response to a request received during the comment period provided for 
in paragraph (a) of this section. If no public hearing is held the 
Regional Administrator shall notify any persons who requested a hearing 
of the reasons for that decision. Where practicable, hearings shall be 
conducted in the vicinity of the affected site.
    (c) Hearings held under this section shall be conducted by the 
Regional Administrator, or his designee, in an orderly and expeditious 
manner. A record of the proceeding shall be made by either tape 
recording or verbatim transcript.
    (d) Any person may appear at the hearing and submit oral or written 
statements and data and may be represented by counsel or other 
authorized representative. Any person may present written statements for 
the hearing file prior to the time the hearing file is closed to public 
submissions, and may present proposed findings and recommendations. The 
Regional Administrator or his designee shall afford the participants an 
opportunity for rebuttal.
    (e) The Regional Administrator, or his designee, shall have 
discretion to establish reasonable limits on the nature, amount or form 
of presentation of documentary material and oral presentations. No cross 
examination of any hearing participant shall be permitted, although the 
Regional Administrator, or his designee, may make appropriate inquiries 
of any such participant.
    (f) The Regional Administrator or his designee shall allow a 
reasonable time not to exceed 15 days after the close of the public 
hearing for submission of written comments. After such time has expired, 
unless such period is extended by the Regional Administrator or his 
designee for good cause, the hearing file shall be closed to additional 
public written comments.
    (g) No later than the time a public notice of proposed determination 
is

[[Page 277]]

issued, a Record Clerk shall be designated with responsibility for 
maintaining the administrative record identified in Sec. 231.5(e). 
Copying of any documents in the record shall be permitted under 
appropriate arrangements to prevent their loss. The charge for such 
copies shall be in accordance with the written schedule contained in 
part 2 of this chapter.