[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR222.4]



[Page 194]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 222_ACTION ON OCEAN DUMPING PERMIT APPLICATIONS UNDER SECTION 102 

OF THE ACT--Table of Contents

 

Sec.  222.4  Initiation of hearings.



    (a) In the case of any permit application for which public notice in 

advance of permit issuance is required in accordance with paragraph (b) 

of Sec.  222.3, any person may, within 30 days of the date on which all 

provisions of paragraph (b) of Sec.  222.3 have been complied with, 

request a public hearing to consider the issuance or denial of, or the 

conditions to be imposed upon, such permit. Any such request for a 

public hearing shall be in writing, shall identify the person requesting 

the hearing, shall state with particularity any objections to the 

issuance or denial of, or to the conditions to be imposed upon, the 

proposed permit, and shall state the issues which are proposed to be 

raised by such person for consideration at a hearing.

    (b) Whenever (1) a written request satisfying the requirements of 

paragraph (a) of this section has been received and the Administrator or 

Regional Administrator, as the case may be, determines that such request 

presents genuine issues, or (2) the Administrator or Regional 

Administrator, as the case may be, determines in his discretion that a 

public hearing is necessary or appropriate, the Administrator or the 

Regional Administrator, as the case may be, will set a time and place 

for a public hearing in accordance with Sec.  222.5, and will give 

notice of such hearing by publication in accordance with Sec.  222.3.

    (c) In the event the Administrator or the Regional Administrator, as 

the case may be, determines that a request filed pursuant to paragraph 

(a) of this section does not comply with the requirements of such 

paragraph (a) of this section or that such request does not present 

substantial issues of public interest, he shall advise, in writing, the 

person requesting the hearing of his determination.