[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: 40CFR231.4]



[Page 280]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 231_SECTION 404(c) PROCEDURES--Table of Contents

 

Sec.  231.4  Public comments and hearings.



    (a) The Regional Administrator shall provide a comment period of not 

less than 30 or more than 60 days following the date of public notice of 

the proposed determination. During this period any interested persons 

may submit written comments on the proposed determination. Comments 

should be directed to whether the proposed determination should become 

the final determination and corrective action that could be taken to 

reduce the adverse impact of the discharge. All such comments shall be 

considered by the Regional Administrator or his designee in preparing 

his recommended determination in Sec.  231.5.

    (b) Where the Regional Administrator finds a significant degree of 

public interest in a proposed determination or that it would be 

otherwise in the public interest to hold a hearing, or if an affected 

landowner or permit applicant or holder requests a hearing, he or his 

designee shall hold a public hearing. Public notice of that hearing 

shall be given as specified in Sec.  231.3(c). No hearing may be held 

prior to 21 days after the date of the public notice. The hearing may be 

scheduled either by the Regional Administrator at his own initiative, or 

in response to a request received during the comment period provided for 

in paragraph (a) of this section. If no public hearing is held the 

Regional Administrator shall notify any persons who requested a hearing 

of the reasons for that decision. Where practicable, hearings shall be 

conducted in the vicinity of the affected site.

    (c) Hearings held under this section shall be conducted by the 

Regional Administrator, or his designee, in an orderly and expeditious 

manner. A record of the proceeding shall be made by either tape 

recording or verbatim transcript.

    (d) Any person may appear at the hearing and submit oral or written 

statements and data and may be represented by counsel or other 

authorized representative. Any person may present written statements for 

the hearing file prior to the time the hearing file is closed to public 

submissions, and may present proposed findings and recommendations. The 

Regional Administrator or his designee shall afford the participants an 

opportunity for rebuttal.

    (e) The Regional Administrator, or his designee, shall have 

discretion to establish reasonable limits on the nature, amount or form 

of presentation of documentary material and oral presentations. No cross 

examination of any hearing participant shall be permitted, although the 

Regional Administrator, or his designee, may make appropriate inquiries 

of any such participant.

    (f) The Regional Administrator or his designee shall allow a 

reasonable time not to exceed 15 days after the close of the public 

hearing for submission of written comments. After such time has expired, 

unless such period is extended by the Regional Administrator or his 

designee for good cause, the hearing file shall be closed to additional 

public written comments.

    (g) No later than the time a public notice of proposed determination 

is issued, a Record Clerk shall be designated with responsibility for 

maintaining the administrative record identified in Sec.  231.5(e). 

Copying of any documents in the record shall be permitted under 

appropriate arrangements to prevent their loss. The charge for such 

copies shall be in accordance with the written schedule contained in 

part 2 of this chapter.