[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: 40CFR750.38]

[Page 577]
 
                   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. 750.38  Participation in informal    hearing.

    (a) Each person or organization desiring to participate in the 
informal hearing required by section 6(c)(2)(C) of TSCA must file a 
written request to participate with the Hearing Clerk. This request must 
be received no later than seven days prior to the scheduled start of the 
hearing. The hearing will begin seven days after the close of the thirty 
day comment period or as soon thereafter as practicable. The request 
must include:
    (1) A brief statement of the interest of the person or organization 
in the proceeding;
    (2) A brief outline of the points to be addressed;
    (3) An estimate of the time required; and
    (4) If the request comes from an organization, a nonbinding list of 
the persons to take part in the presentation. Organizations are 
requested to bring with them, to the extent possible, employees with 
individual expertise in and responsibility for each of the areas to be 
addressed. No organization not filing main comments in the rulemaking 
will be allowed to participate at the hearing, unless a waiver of this 
requirement is granted in writing by the Hearing Chairman or the 
organization is appearing at the request of EPA or under subpoena.
    (b) No later than three days prior to the start of the hearing, the 
Hearing Clerk will make a hearing schedule publicly available and mail 
or deliver it to each of the persons who requested to appear at the 
hearing. This schedule will be subject to change during the course of 
the hearing at the discretion of those presiding over it.
    (c) Opening statements should be brief, and restricted either to 
points that could not have been made in main comments or to emphasizing 
points which are made in main comments, but which the participant 
believes can be more forcefully urged in the hearing context.