[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: 40CFR178.30]



[Page 278-279]

 

                   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.  178.30  Response by Administrator to objections and to requests for 

hearing.



    The Administrator will respond to objections, and to requests for a 

hearing on such objections, as set forth in this section.



[[Page 279]]



    (a) Denial of objections that are improperly submitted or that seek 

an unavailable form of relief. The Administrator will by order issued 

under Sec.  178.37 deny each objection and each request for a hearing 

that is included with such an objection, if:

    (1) The objection is found not to conform to Sec.  178.25.

    (2) The action requested by the objection is inconsistent with any 

provision of FFDCA.

    (3) The action requested by the objection is inconsistent with any 

generic, e.g., non-chemical specific, interpretation of a provision of 

FFDCA in any regulation in this chapter (the proper procedure in such a 

case is for the person to petition for an amendment of the regulation 

involved).

    (b) Denial of improperly submitted requests for hearing. The 

Administrator will then determine whether any objection that has not 

been denied under paragraph (a) of this section was accompanied by a 

request for an evidentiary hearing that conforms to Sec.  178.27. The 

Administrator will deny under Sec.  178.37 each request that does not 

conform to Sec.  178.27.

    (c) Grouping of certain related objections. If the Administrator 

then finds (1) That two or more undenied objections are substantially 

similar, or are related in such a way that any judicial review of the 

Administrator's action on those objections should occur at the same 

time, and (2) that one or more of those objections was accompanied by an 

undenied request for an evidentiary hearing on that objection, the 

Administrator will treat those objections as a group and will rule on 

them only after ruling under Sec.  178.32 on the associated request for 

hearing.

    (d) Rulings on objections for which a request for hearing has been 

granted. If the Administrator rules under Sec.  178.32 that an 

evidentiary hearing should be held on an objection, the Administrator 

will resolve the issues raised by any other objection grouped with it 

under paragraph (c) of this section in conjunction with the evidentiary 

hearing upon which the hearing request was granted, unless the 

Administrator for good cause determines otherwise.

    (e) Rulings on objections for which no request for hearing was 

received, or for which each request for hearing was denied. Except as 

provided in paragraphs (c) and (d) of this section, if no hearing was 

requested on an objection, or if each such request that was made is 

denied under the criteria of paragraphs (a) or (b) of this section or 

Sec.  178.32(b), the Administrator will rule on the objection under 

Sec.  178.37.