[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: 40CFR178.70]



[Page 280-281]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

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

 

                        Subpart D_Judicial Review

 

Sec.  178.70  Administrative record.



    (a) For purposes of judicial review, the record of an administrative 

proceeding that culminates in an order under Sec.  178.37 consists of:

    (1) The objection ruled on (and any request for hearing that was 

included with the objection).

    (2) Any order issued under Sec.  180.7(g) of this chapter to which 

the objection related, and:

    (i) Any regulation or petition denial that was the subject of that 

order.

    (ii) The petition to which such order responded.

    (iii) Any amendment or supplement of the petition.

    (iv) The data and information submitted in support of the petition.

    (v) The notice of filing of the petition.

    (3) Any order issued under Sec.  180.29(f) of this chapter to which 

the objection related, the regulation that was the subject of that 

order, and each related Notice of Proposed Rulemaking.



[[Page 281]]



    (4) Any comments submitted by members of the public in response to 

the Notice of Filing or Notice of Proposed Rulemaking, any data or 

information submitted as part of the comments, the Administrator's 

response to comments and the documents or information relied on by the 

Administrator in issuing the regulation or order.

    (5) All other documents or information submitted to the docket for 

the rulemaking in question.

    (6) The order issued under Sec.  178.37.

    (b) The record will be closed as of the date of the Administrator's 

decision unless another date for closing of the record is specified in 

the order issued under Sec.  178.37.



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