[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: 40CFR25.5]

[Page 278-279]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 25_PUBLIC PARTICIPATION IN PROGRAMS UNDER THE RESOURCE CONSERVATION 
 
Sec. 25.5  Public hearings.

    (a) Applicability. Any non-adjudicatory public hearing, whether 
mandatory or discretionary, under the three Acts shall meet the 
following minimum requirements. These requirements are subordinate to 
any more stringent requirements found elsewhere in this chapter or 
otherwise imposed by EPA, State, interstate, or substate agencies. 
Procedures developed for adjudicatory hearings required by this chapter 
shall be consistent with the public participation objectives of this 
part, to the extent practicable.
    (b) Notice. A notice of each hearing shall be well publicized, and 
shall also be mailed to the appropriate portions of the list of 
interested and affected parties required by Sec. 25.4(b)(5). Except as 
otherwise specifically provided elsewhere in this chapter, these actions 
must occur at least 45 days prior to the date of the hearing. However, 
where EPA determines that there are no substantial documents which must 
be reviewed for effective hearing participation and that there are no 
complex or controversial matters to be addressed by the hearing, the 
notice requirement may be reduced to no less than 30 days. EPA may 
further reduce or waive the hearing notice requirement in emergency 
situations where EPA determines that there is an imminent danger to 
public health. To the extent not duplicative, the agency holding the 
hearing shall also provide informal notice to all interested persons or 
organizations that request it. The notice shall identify the matters to 
be discussed at the hearing and shall include or be accompanied by a 
discussion of the agency's tentative determination on major issues (if 
any), information on the availability of a bibliography of relevant 
materials (if deemed appropriate), and procedures for obtaining further 
information. Reports, documents and data relevant to the discussion at 
the public hearing shall be available to the public at least 30 days 
before the hearing. Earlier availability of materials relevant to the 
hearing will further assist public participation and is encouraged where 
possible.
    (c) Locations and time. Hearings must be held at times and places 
which, to the maximum extent feasible, facilitate attendance by the 
public. Accessibility of public transportation, and use of evening and 
weekend hearings, should be considered. In the case of actions with 
Statewide interest, holding more than one hearing should be considered.
    (d) Scheduling presentations. The agency holding the hearing shall 
schedule witnesses in advance, when necessary, to ensure maximum 
participation and allotment of adequate time for all speakers. However, 
the agency shall reserve some time for unscheduled testimony and may 
consider reserving blocks of time for major categories of witnesses.
    (e) Conduct of hearing. The agency holding the hearing shall inform 
the audience of the issues involved in the decision to be made, the 
considerations the agency will take into account, the agency's tentative 
determinations (if

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any), and the information which is particularly solicited from the 
public. The agency should consider allowing a question and answer 
period. Procedures shall not unduly inhibit free expression of views 
(for example, by onerous written statement requirements or qualification 
of witnesses beyond minimum identification).
    (f) Record. The agency holding the hearing shall prepare a 
transcript, recording or other complete record of public hearing 
proceedings and make it available at no more than cost to anyone who 
requests it. A copy of the record shall be available for public review.