[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.11]

[Page 247]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                    Subpart B_Parties and Appearances
 
Sec. 22.11  Intervention and non-party briefs.

    (a) Intervention. Any person desiring to become a party to a 
proceeding may move for leave to intervene. A motion for leave to 
intervene that is filed after the exchange of information pursuant to 
Sec. 22.19(a) shall not be granted unless the movant shows good cause 
for its failure to file before such exchange of information. All 
requirements of these Consolidated Rules of Practice shall apply to a 
motion for leave to intervene as if the movant were a party. The 
Presiding Officer shall grant leave to intervene in all or part of the 
proceeding if: the movant claims an interest relating to the cause of 
action; a final order may as a practical matter impair the movant's 
ability to protect that interest; and the movant's interest is not 
adequately represented by existing parties. The intervenor shall be 
bound by any agreements, arrangements and other matters previously made 
in the proceeding unless otherwise ordered by the Presiding Officer or 
the Environmental Appeals Board for good cause.
    (b) Non-party briefs. Any person who is not a party to a proceeding 
may move for leave to file a non-party brief. The motion shall identify 
the interest of the applicant and shall explain the relevance of the 
brief to the proceeding. All requirements of these Consolidated Rules of 
Practice shall apply to the motion as if the movant were a party. If the 
motion is granted, the Presiding Officer or Environmental Appeals Board 
shall issue an order setting the time for filing such brief. Any party 
to the proceeding may file a response to a non-party brief within 15 
days after service of the non-party brief.