[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR178.20]



[Page 278]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 178_OBJECTIONS AND REQUESTS FOR HEARINGS--Table of Contents

 

   Subpart B_Procedures for Filing Objections and Requests for Hearing

 

Sec.  178.20  Right to submit objections and requests for a hearing.





    (a) On or before the 60th day after the date of publication in the 

Federal Register of an order under part 180 of this chapter 

establishing, modifying, or revoking a regulation, or denying all or any 

portion of a petition, a person adversely affected by such order or 

petition denial may submit, in accordance with Sec.  178.25, one or more 

written objections to the order (or to the action that is the subject of 

the order).

    (b) A person may include with any such objection a written request 

for an evidentiary hearing on such objection in accordance with Sec.  

178.27

    (c) A person who submits objections need not request a hearing. For 

instance, if the person's objections are of a purely legal or policy 

nature, a hearing request would be inappropriate; the purpose of an 

evidentiary hearing is to resolve factual disputes. The Administrator 

will rule on the objections, whether or not a hearing is requested.

    (d) As a matter of discretion, the Administrator may order a hearing 

on an objection even though no person has requested a hearing.



[55 FR 50291, Dec. 5, 1990, as amended at 70 FR 33359, June 8, 2005]