[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: 40CFR179.81]

[Page 322]
 
                   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 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.