Regulations last checked for updates: Nov 22, 2024

Title 40 - Protection of Environment last revised: Nov 20, 2024
§ 179.42 - Notice of participation.

(a) OCSPP shall be a party to a hearing under this part. Any other person may participate as a party in such a hearing to the extent specified by this section.

(b) A person desiring to participate in a hearing must file with the hearing clerk within 30 days after publication of the Notice of Hearing under § 179.20, a Notice of Participation in the following form:

Notice of Participation Docket No. ____________________ Under 40 CFR part l79, please enter the participation of: ________________________ (Name) __________________________________ (Street address) __________________________ (City and State) __________________________ (Telephone number) ____________________ Service on the above will be accepted by: ________________________ (Name) __________________________________ (Street address) __________________________ (City and State) __________________________ (Telephone number) ____________________ Signed: ________________________________ Date: ________________________

(c) An amendment to a Notice of Participation must be filed with the hearing clerk and served on all parties.

(d) No person may participate in a hearing who has not filed a written Notice of Participation or whose participation has been stricken under paragraph (f) of this section.

(e) The presiding officer may permit the late filing of a Notice of Participation upon a showing of good cause. Arrangements and agreements previously made in the proceeding shall apply to any party admitted late.

(f) The presiding officer may strike the participation of a person for failure to comply with any requirement of this subpart. Any person whose participation is striken may obtain interlocutory review thereof by the Administrator.

[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 77 FR 46292, Aug. 3, 2012]
authority: 21 U.S.C. 346a,371; Reorg. Plan No. 3 of 1970
source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted.
cite as: 40 CFR 179.42