[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: 40CFR179.81]



[Page 285-286]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents

 

                      Subpart E_Hearing Procedures

 

Sec.  179.81  Availability of documents.



    (a) All orders, decisions, pleadings, transcripts, exhibits, and 

other docket entries shall become part of the official docket and shall 

be retained by the hearing clerk. Except as otherwise provided by 

paragraph (b) of this section or part 2 of this chapter, all documents 

that are a part of the official docket shall be made available to the 

public for reasonable inspection during Agency business hours. Copies of 

such documents may be obtained by members of the public as provided in 

part 2 of this chapter.

    (b) Whenever any information or data are required to be produced or 

examined in a hearing and any party makes



[[Page 286]]



a business confidentiality claim regarding such information under part 2 

of this chapter, the availability of such information to the other 

parties or to the public shall be determined by EPA in accordance with 

part 2 of this chapter, including specifically the procedures and 

principles set forth in Sec.  2.30l(g)(3) and (g)(4) of this chapter. 

The presiding officer shall make the determinations with respect to the 

matters referred to in Sec.  2.301(g)(3) and (g)(4) to the extent 

provided, and shall take such steps as are necessary for the protection 

of information entitled to confidential treatment or otherwise exempt 

from public disclosure, including issuance of protective orders to 

parties or taking testimony in a closed hearing.