[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: 40CFR750.40]

[Page 577-578]
 
                   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. 750.40  Cross-examination.

    (a) After the close of the informal hearing conducted under 
Sec. 750.39, any participant in that hearing may submit a written 
request for cross-examination. The request must be received by EPA 
within one week after a full transcript of the informal hearing becomes 
available and must specify:
    (1) The disputed issue(s) of material fact as to which cross-
examination is requested. This must include an explanation of why the 
questions at issue are ``factual'', rather than of an analytical or 
policy nature, the extent to which they are in ``dispute'' in the light 
of the record made thus far, and the extent to which and why they can

[[Page 578]]

reasonably be considered ``material'' to the decision on the final rule; 
and
    (2) The person(s) the participant desires to cross-examine, and an 
estimate of the time necessary. This must include a statement as to how 
the cross-examination requested can be expected to result in ``full and 
true disclosure'' resolving the issue of material fact involved.
    (b) Within one week after receipt of all requests for cross-
examination under paragraph (a), the hearing panel will rule on them. 
The ruling will be served by the Hearing Clerk on all participants who 
have requested cross-examination and will be inserted in the record. 
Written notice of the ruling will be given to all persons requesting 
cross-examination and all persons to be cross-examined. The ruling will 
specify:
    (1) The issues as to which cross-examination is granted;
    (2) The persons to be cross-examined on each issue;
    (3) The persons to be allowed to conduct cross-examination; and
    (4) Time limits for the examination of each witness by each cross-
examiner.
    (c) In issuing this ruling, the panel may determine that one or more 
participants who have requested cross-examination have the same or 
similar interests and should be required to choose a single 
representative for purposes of cross-examination by that single 
representative without identifying the representative further. Subpoenas 
for witnesses may be issued where necessary.
    (d) Within one week after the insertion into the record of the 
ruling under paragraph (b) of this section, the hearing at which the 
cross-examination will be conducted will begin. One or more members of 
the original panel will preside for EPA. The panel will have authority 
to conduct cross-examination on behalf of any participant, although as a 
general rule this right will not be exercised. The panel will also have 
authority to modify the governing ruling in any respect and to make new 
rulings on group representation under section 6(c)(3)(C) of TSCA. A 
verbatim transcript of the hearing will be made.
    (e)(1) No later than the time set for requesting cross-examination, 
a hearing participant may request that other alternative methods of 
clarifying the record (such as informal conferences or the submittal of 
additional information) be used. Such requests may be submitted either 
in lieu of cross-examination requests, or in conjunction with them.
    (2) The panel in passing on a cross-examination request may, as a 
precondition to ruling on its merits, require that alternative means of 
clarifying the record be used whether or not that has been requested 
under paragraph (e)(1) of this section. In such a case, the results of 
the use of such alternative means will be made available to the person 
requesting cross-examination for a one-week comment period, and the 
panel will make a final ruling on cross-examination within one week 
thereafter.
    (f) Waivers or extensions of any deadline in this section applicable 
to persons other than EPA may be granted on the record of the hearing by 
the person chairing it or in writing by the Hearing Chairman.