[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR750.37]

[Page 576]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 750--PROCEDURES FOR RULEMAKING UNDER SECTION 6 OF THE TOXIC SUBSTANCES 
CONTROL ACT--Table of Contents
 
 Subpart C--Interim Procedural Rules for Processing and Distribution in 
                           Commerce Exemptions
 
Sec. 750.37  Subpoenas.

    (a) Where necessary, subpoenas requiring the production of 
documentary material, the attendance of persons at the hearing, or 
responses to written questions may be issued. Subpoenas may be issued 
either upon request as provided in paragraph (b) of this section or by 
EPA on its own motion.
    (b) All subpoena requests must be in writing. Hearing participants 
may request the issuance of subpoenas as follows:
    (1) Subpoenas for the attendance of persons or for the production of 
documents or responses to questions at the legislative hearing may be 
requested at any time up to the deadline for filing main comments.
    (2) Subpoenas for production of documents or answers to questions 
after the legislative hearing may be requested at any time between the 
beginning of the legislative hearing and the deadline for submitting 
reply comments.
    (c) EPA will rule on all subpoena requests filed under paragraph 
(b)(1) of this section no later than the beginning of the informal 
hearing. Such requests may be granted, denied, or deferred. EPA will 
rule on all subpoena requests filed under paragraph (b)(2) of this 
section and all deferred subpoena requests filed under paragraph (b)(1) 
of this section no later than the promulgation of the final rule. Such 
requests will be either granted or denied.

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