[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: 40CFR78.8]

[Page 474]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 78--APPEAL PROCEDURES FOR ACID RAIN PROGRAM--Table of Contents
 
Sec. 78.8  Consolidation and severance of appeals proceedings.

    (a) The Environmental Appeals Board or Presiding Officer has the 
discretion to consolidate, in whole or in part, two or more proceedings 
under this part whenever it appears that a joint proceeding on any or 
all of the matters at issue in the proceedings will be in the interest 
of justice, will expedite or simplify consideration of the issues, and 
will not prejudice any party. Consolidation of proceedings under this 
paragraph (a) will not affect the right of any party to raise issues 
that might have been raised had there been no consolidation.
    (b) The Environmental Appeals Board or Presiding Officer has the 
discretion to sever issues or parties from a proceeding under this part 
whenever it appears that separate proceedings will be in the interest of 
justice, will expedite or simplify consideration of the issues, and will 
not prejudice any party.