[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: 40CFR25.10]

[Page 281-282]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 25_PUBLIC PARTICIPATION IN PROGRAMS UNDER THE RESOURCE CONSERVATION 
 
Sec. 25.10  Rulemaking.

    (a) EPA shall invite and consider written comments on proposed and 
interim regulations from any interested

[[Page 282]]

or affected persons and organizations. All such comments shall be part 
of the public record, and a copy of each comment shall be available for 
public inspection. EPA will maintain a docket of comments received and 
any Agency responses. Notices of proposed and interim rulemaking, as 
well as final rules and regulations, shall be distributed in accordance 
with Sec. 25.4(c) to interested or affected persons promptly after 
publication. Each notice shall include information as to the 
availability of the full texts of rules and regulations (where these are 
not set forth in the notice itself) and places where copying facilities 
are available at reasonable cost to the public. Under Executive Order 
12044 (March 23, 1978), further EPA guidance will be issued concerning 
public participation in EPA rulemaking. A Responsiveness Summary shall 
be published as part of the preamble to interim and final regulations. 
In addition to providing opportunity for written comments on proposed 
and interim regulations, EPA may choose to hold a public hearing.
    (b) State rulemaking specified in Sec. 25.2(a)(1) shall be in 
accord with the requirements of paragraph (a) of this section or with 
the State's administrative procedures act, if one exists. However, in 
the event of conflict between a provision of paragraph (a) of this 
section and a provision of a State's administrative procedures act, the 
State's law shall apply.