[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: 40CFR78.5]

[Page 473]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 78--APPEAL PROCEDURES FOR ACID RAIN PROGRAM--Table of Contents
 
Sec. 78.5  Limitation on filing or presenting new evidence and raising new 
issues.

    (a) Where there was an opportunity for public comment, or a claim of 
error notification was submitted, prior to the decision that is subject 
to appeal, no evidence shall be filed or presented, and no issues 
raised, in a proceeding under this part that were not filed, presented, 
or raised during the public comment period, absent a showing of good 
cause explaining the party's failure to do so during the public comment 
period or in the claim of error notification. Good cause shall include 
any instance where the party seeking to file or present new evidence or 
raise a new issue shows that the evidence could not have reasonably been 
ascertained, filed, or presented, the issue could not have reasonably 
been ascertained or raised, or that the materiality of the new evidence 
or issue could not have reasonably been anticipated, prior to the close 
of the public comment period or the period for submitting a claim of 
error notification.
    (b) If an evidentiary hearing is granted, no evidence shall be filed 
or presented on questions of law or policy or on matters not subject to 
challenge in the evidentiary hearing.

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