[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: 40CFR25.1]

[Page 274]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 25_PUBLIC PARTICIPATION IN PROGRAMS UNDER THE RESOURCE CONSERVATION 
 
Sec. 25.1  Introduction.

AND RECOVERY ACT, THE SAFE DRINKING WATER ACT, AND THE CLEAN WATER ACT
--Table of Contents




Sec.
25.1 Introduction.
25.2 Scope.
25.3 Policy and objectives.
25.4 Information, notification, and consultation responsibilities.
25.5 Public hearings.
25.6 Public meetings.
25.7 Advisory groups.
25.8 Responsiveness summaries.
25.9 Permit enforcement.
25.10 Rulemaking.
25.11 Work elements in financial assistance agreements.
25.12 Assuring compliance with public participation requirements.
25.13 Coordination and non-duplication.
25.14 Termination of reporting requirements.

    Authority: Sec. 101(e), Clean Water Act, as amended (33 U.S.C. 
1251(e)); sec. 7004(b), Resource Conservation and Recovery Act (42 
U.S.C. 6974(b)); sec. 1450(a)(1), Safe Drinking Water Act, as amended 
(42 U.S.C. 300j-9).

    Source: 44 FR 10292, Feb. 16, 1979, unless otherwise noted.


    This part sets forth minimum requirements and suggested program 
elements for public participation in activities under the Clean Water 
Act (Pub. L. 95-217), the Resource Conservation and Recovery Act (Pub. 
L. 94-580), and the Safe Drinking Water Act (Pub. L. 93-523). The 
applicability of the requirements of this part is as follows:
    (a) Basic requirements and suggested program elements for public 
information, public notification, and public consultation are set forth 
in Sec. 25.4. These requirements are intended to foster public 
awareness and open processes of government decisionmaking. They are 
applicable to all covered activities and programs described in Sec. 
25.2(a).
    (b) Requirements and suggested program elements which govern the 
structure of particular public participation mechanisms (for example, 
advisory groups and responsiveness summaries) are set forth in 
Sec. Sec. 25.5, 25.6, 25.7, and 25.8. This part does not mandate the 
use of these public participation mechanisms. It does, however, set 
requirements which those responsible for implementing the mechanisms 
must follow if the mechanisms are required elsewhere in this chapter.
    (c) Requirements which apply to Federal financial assistance 
programs (grants and cooperative agreements) under the three acts are 
set forth in Sec. Sec. 25.10 and 25.12(a).
    (d) Requirements for public involvement which apply to specific 
activities are set forth in Sec. 25.9 (Permit enforcement), Sec. 25.10 
(Rulemaking), and Sec. 25.12 (Assuring compliance with requirements).

[[Page 275]]