[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR178.30]

[Page 315-316]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 178_OBJECTIONS AND REQUESTS FOR HEARINGS--Table of Contents
 
   Subpart B_Procedures for Filing Objections and Requests for Hearing
 
Sec. 178.30  Response by Administrator to objections and to requests for 

hearing.

    The Administrator will respond to objections, and to requests for a 
hearing on such objections, as set forth in this section.
    (a) Denial of objections that are improperly submitted or that seek 
an unavailable form of relief. The Administrator will by order issued 
under Sec. 178.37 deny each objection and each request for a hearing 
that is included with such an objection, if:
    (1) The objection is found not to conform to Sec. 178.25.
    (2) The action requested by the objection is inconsistent with any 
provision of FFDCA.
    (3) The action requested by the objection is inconsistent with any 
generic, e.g., non-chemical specific, interpretation of a provision of 
FFDCA in any regulation in this chapter (the proper procedure in such a 
case is for the person to petition for an amendment of the regulation 
involved).
    (b) Denial of improperly submitted requests for hearing. The 
Administrator will then determine whether any objection that has not 
been denied under paragraph (a) of this section was accompanied by a 
request for an evidentiary hearing that conforms to Sec. 178.27. The 
Administrator will deny under Sec. 178.37 each request that does not 
conform to Sec. 178.27.
    (c) Grouping of certain related objections. If the Administrator 
then finds (1) That two or more undenied objections are substantially 
similar, or are related in such a way that any judicial review of the 
Administrator's action on those objections should occur at the same 
time, and (2) that one or more of those objections was accompanied by an 
undenied request for an evidentiary hearing on that objection, the 
Administrator will treat those objections as a

[[Page 316]]

group and will rule on them only after ruling under Sec. 178.32 on the 
associated request for hearing.
    (d) Rulings on objections for which a request for hearing has been 
granted. If the Administrator rules under Sec. 178.32 that an 
evidentiary hearing should be held on an objection, the Administrator 
will resolve the issues raised by any other objection grouped with it 
under paragraph (c) of this section in conjunction with the evidentiary 
hearing upon which the hearing request was granted, unless the 
Administrator for good cause determines otherwise.
    (e) Rulings on objections for which no request for hearing was 
received, or for which each request for hearing was denied. Except as 
provided in paragraphs (c) and (d) of this section, if no hearing was 
requested on an objection, or if each such request that was made is 
denied under the criteria of paragraphs (a) or (b) of this section or 
Sec. 178.32(b), the Administrator will rule on the objection under 
Sec. 178.37.