[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: 40CFR750.39]

[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. 750.39  Conduct of informal hearing.

    (a) A panel of EPA employees shall preside at each hearing conducted 
under section 6(c)(2)(C) of TSCA. In appropriate cases, other Executive 
Branch employees may also sit with and assist the panel. The membership 
of the panel may change as different topics arise during the hearing. In 
general, the panel membership will consist of EPA employees with special 
responsibility for the final rule or special expertise in the topics 
under discussion. One member of the panel will be named to chair the 
proceedings and will attend throughout the hearing, unless unavoidably 
prevented by sickness or similar personal circumstances.
    (b) The panel may question any individual or group participating in 
the hearing on any subject relating to the rulemaking. Cross-examination 
by others will normally not be permitted at this stage. It may be 
granted in compelling circumstances at the sole discretion of the 
hearing panel. However, persons in the hearing audience may submit 
questions in writing for the hearing panel to ask the participants, and 
the hearing panel may, at their discretion, ask these questions.
    (c) Participants in the hearing may submit additional material for 
the hearing record and shall submit such additional material as the 
hearing panel may request. All such submissions will become part of the 
record of the hearing. A verbatim transcript of the hearing shall be 
made. Participants will be allowed to designate testimony from prior EPA 
informal rulemaking hearings concerning PCBs under TSCA. The hearing 
panel may reject repetitive testimony previously presented at such 
hearings.