[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: 40CFR24.14]

[Page 271-272]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 24_RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM 
STATUS CORRECTIVE ACTION ORDERS--Table of Contents
 
       Subpart C_Hearings on Orders Requiring Corrective Measures
 
Sec. 24.14  Scheduling the hearing; pre-hearing submissions by the parties.

    (a) The Presiding Officer shall establish an expeditious schedule 
for:
    (1) The submission by respondent of a memorandum, with appropriate 
affidavits and exhibits, stating and supporting respondent's position on 
the facts, law and relief, specifying the bases upon and manner in which 
such determinations or relief provisions, if erroneous, require 
modification or withdrawal of the order:

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    (2) Submission of a response by EPA; and
    (3) A public hearing.

Subject to Sec. 24.14(b), a hearing shall be scheduled within 45 days 
of the order setting the schedule. The Presiding Officer shall establish 
the date, time, location and agenda for the hearing and shall transmit 
this information to the parties along with the schedule for the hearing.
    (b) Postponement of the hearing. The Presiding Officer, as 
appropriate, may grant an extension of time for the filing of any 
document, other than a request for a hearing under Sec. 24.05(a), or 
may grant an extension of time for the conduct of the hearing, upon 
written request of either party, for good cause shown and after 
consideration of any prejudice to other parties.
    (c) Respondent's pre-hearing submission. In accordance with the 
schedule set by the Presiding Officer, the respondent shall file a 
memorandum stating and supporting respondent's position on the facts, 
law and relief. The memorandum must identify each factual allegation and 
all issues regarding the appropriateness of the terms of the relief in 
the initial order that respondent contests and for which respondent 
requests a hearing. The memorandum must clearly state respondent's 
position with respect to each such issue. Respondent must also include 
any proposals for modification of the order. The memorandum shall also 
present any arguments on the legal conclusions contained in the order.
    (d) Written questions to EPA. The respondent may file a request with 
the Presiding Officer for permission to submit written questions to the 
EPA Regional Office issuing the order concerning issues of material fact 
in the order.
    (1) Requests shall be accompanied by the proposed questions. In most 
instances, no more than twenty-five (25) questions, including 
subquestions and subparts, may be posed. The request and questions must 
be submitted to the Presiding Officer at least twenty-one (21) days 
before the hearing.
    (2) The Presiding Officer may direct EPA to respond to such 
questions as he designates. In deciding whether or not to direct the 
Agency to respond to written questions the Presiding Officer should 
consider whether such responses are required for full disclosure and 
adequate resolution of the facts. No questions shall be allowed 
regarding privileged internal communications. The Presiding Officer 
shall grant, deny, or modify such requests expeditiously. If a request 
is granted the Presiding Officer may revise questions and may limit the 
number and scope of questions. Questions may be deleted or revised in 
the discretion of the Presiding Officer for reasons, which may include 
the fact that he finds the questions to be irrelevant, redundant, 
unnecessary, or an undue burden on the Agency. The Presiding Officer 
shall transmit the questions as submitted or as modified to EPA. EPA 
shall respond to the questions within fourteen (14) calendar days of 
service of the questions by the Presiding Officer, unless an extension 
is granted.
    (e) Submission of additional information. The Presiding Officer 
shall have the discretion to order either party to submit additional 
information (including but not limited to post-hearing briefs on 
undeveloped factual, technical, or legal matters) in whatever form he 
deems appropriate either before, at, or after the hearing. The Presiding 
Officer may issue subpoenas for the attendance and testimony of persons 
and the production of relevant papers, books and documents. Since these 
hearing procedures provide elsewhere that the parties are not to engage 
in direct or cross-examination of witnesses, the subpoena power is to 
serve only as an adjunct to the Presiding Officer's authority to ask 
questions and otherwise take steps to clarify factual matters which are 
in dispute. Upon request of the respondent the Presiding Officer may, in 
his discretion, allow submittal by the respondent of additional 
information in support of its claim, if it is received by the Clerk and 
petitioner at least five (5) business days before the hearing.
    (f) Location of hearing. The hearing shall be held in the city in 
which the relevant EPA Regional Office is located, unless the Presiding 
Officer determines that there is good cause to hold it in another 
location.

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