[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: 40CFR179.42]



[Page 283-284]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

             Subpart C_Participation and Appearance; Conduct

 

Sec.  179.42  Notice of participation.





    (a) OPPTS shall be a party to a hearing under this part. Any other 

person may participate as a party in such a hearing to the extent 

specified by this section.

    (b) A person desiring to participate in a hearing must file with the 

hearing clerk within 30 days after publication of the Notice of Hearing 

under Sec.  179.20, a Notice of Participation in the following form:



                         Notice of Participation



Docket No. --------------------

Under 40 CFR part l79, please enter the participation of: --------------

          ----------

(Name) ----------------------------------

(Street address) --------------------------

(City and State) --------------------------

(Telephone number) --------------------

Service on the above will be accepted by: ------------------------

(Name) ----------------------------------

(Street address) --------------------------

(City and State) --------------------------

(Telephone number) --------------------

Signed: --------------------------------

Date: ------------------------



    (c) An amendment to a Notice of Participation must be filed with the 

hearing clerk and served on all parties.



[[Page 284]]



    (d) No person may participate in a hearing who has not filed a 

written Notice of Participation or whose participation has been stricken 

under paragraph (f) of this section.

    (e) The presiding officer may permit the late filing of a Notice of 

Participation upon a showing of good cause. Arrangements and agreements 

previously made in the proceeding shall apply to any party admitted 

late.

    (f) The presiding officer may strike the participation of a person 

for failure to comply with any requirement of this subpart. Any person 

whose participation is striken may obtain interlocutory review thereof 

by the Administrator.



[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992]