[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR78.11]

[Page 474-475]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 78--APPEAL PROCEDURES FOR ACID RAIN PROGRAM--Table of Contents
 
Sec. 78.11  Intervenors.

    (a) Within 30 days (or other shorter, reasonable period established 
by the Administrator when giving notice) after notice is given under 
Sec. 78.9 of this part that the petition for administrative review has 
been filed, any person listed in Sec. 78.3(a) of this part may file a 
motion for leave to intervene in the proceeding. A motion for leave to 
intervene under this section shall set forth the grounds for the 
proposed intervention and may respond to the petition for administrative 
review. Late motions to intervene may be granted only for good cause 
shown.
    (b) The Environmental Appeals Board of Presiding Officer will grant 
a motion to intervene only upon an express finding that:
    (1) The motion to intervene raises matters relevant to the factual 
or legal issues to be reviewed;
    (2) The intervenor consented to be bound by all stipulations 
previously entered into by the existing parties,

[[Page 475]]

and all orders previously issued, in the proceeding; and
    (3) The intervention will promote the interests of justice and will 
not cause undue delay or prejudice to the rights of the existing 
parties.

[58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997]