[Code of Federal Regulations]
[Title 40, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR51.102]

[Page 144]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS--Table of Contents
 
                   Subpart F--Procedural Requirements
 
Sec. 51.102  Public hearings.

    (a) Except as otherwise provided in paragraph (c) of this section, 
States must conduct one or more public hearings on the following prior 
to adoption and submission to EPA of:
    (1) Any plan or revision of it required by Sec. 51.104(a).
    (2) Any individual compliance schedule under (Sec. 51.260).
    (3) Any revision under Sec. 51.104(d).
    (b) Separate hearings may be held for plans to implement primary and 
secondary standards.
    (c) No hearing will be required for any change to an increment of 
progress in an approved individual compliance schedule unless such 
change is likely to cause the source to be unable to comply with the 
final compliance date in the schedule. The requirements of Secs. 51.104 
and 51.105 will be applicable to such schedules, however.
    (d) Any hearing required by paragraph (a) of this section will be 
held only after reasonable notice, which will be considered to include, 
at least 30 days prior to the date of such hearing(s):
    (1) Notice given to the public by prominent advertisement in the 
area affected announcing the date(s), time(s), and place(s) of such 
hearing(s);
    (2) Availability of each proposed plan or revision for public 
inspection in at least one location in each region to which it will 
apply, and the availability of each compliance schedule for public 
inspection in at least one location in the region in which the affected 
source is located;
    (3) Notification to the Administrator (through the appropriate 
Regional Office);
    (4) Notification to each local air pollution control agency which 
will be significantly impacted by such plan, schedule or revision;
    (5) In the case of an interstate region, notification to any other 
States included, in whole or in part, in the regions which are 
significantly impacted by such plan or schedule or revision.
    (e) The State must prepare and retain, for inspection by the 
Administrator upon request, a record of each hearing. The record must 
contain, as a minimum, a list of witnesses together with the text of 
each presentation.
    (f) The State must submit with the plan, revision, or schedule a 
certification that the hearing required by paragraph (a) of this section 
was held in accordance with the notice required by paragraph (d) of this 
section.
    (g) Upon written application by a State agency (through the 
appropriate Regional Office), the Administrator may approve State 
procedures for public hearings. The following criteria apply:
    (1) Procedures approved under this section shall be deemed to 
satisfy the requirement of this part regarding public hearings.
    (2) Procedures different from this part may be approved if they--
    (i) Ensure public participation in matters for which hearings are 
required; and
    (ii) Provide adequate public notification of the opportunity to 
participate.
    (3) The Administrator may impose any conditions on approval he or 
she deems necessary.

[36 FR 22938, Nov. 25, 1971, as amended at 65 FR 8657, Feb. 22, 2000]

[[Page 145]]