[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: 40CFR179.130]

[Page 328-329]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                        Subpart G_Judicial Review
 
Sec. 179.130  Administrative record.

    (a) For purposes of judicial review, the record of a hearing that 
culminates in a final decision of the Administrator under Sec. 
179.105(d) or Sec. 179.112(c) ruling on an objection shall consist of:
    (1) The objection ruled on (and any request for hearing that was 
included with the objection).

[[Page 329]]

    (2) Any order issued under Sec. 180.7(g) of this chapter to which 
the objection related, and:
    (i) The regulation or petition denial that was the subject of that 
order.
    (ii) The petition to which such order responded.
    (iii) Any amendment or supplement of the petition.
    (iv) The data and information submitted in support of the petition.
    (v) The notice of filing of the petition.
    (3) Any order issued under Sec. 180.29(f) of this chapter to which 
the objection related, the regulation that was the subject of that 
order, and each related Notice of Proposed Rulemaking.
    (4) The comments submitted by members of the public in response to 
the Notice of Filing or Notice of Proposed Rulemaking, and the 
information submitted as part of the comments, the Administrator's 
response to comments and the documents or information relied on by the 
Administrator in issuing the regulation or order.
    (5) All other documents or information submitted to the docket for 
the rulemaking in question under parts 177 or part 180 of this chapter.
    (6) The Notice of Hearing published under Sec. 179.20.
    (7) All notices of participation filed under Sec. 179.42.
    (8) Any Federal Register notice issued under this part that pertains 
to the proceeding.
    (9) All submissions filed under Sec. 179.80.
    (10) Any document of which official notice was taken under Sec. 
179.95.
    (b) The record of the administrative proceeding is closed:
    (1) With respect to the taking of evidence, when specified by the 
presiding officer.
    (2) With respect to pleadings, at the time specified in Sec. 
179.98(a) for the filing of briefs.
    (c) The presiding officer may reopen the record to receive further 
evidence at any time before the filing of the initial decision.

[55 FR 50293, Dec. 5, 1990, as amended at 70 FR 33360, June 8, 2005]