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shall be met whenever provisions of tal or public health perspective in the this chapter require use of an advisory area and which does not directly regroup by State, interstate, or substate flect the economic interests of its agencies involved in activities support- membership. ed by EPA financial assistance under (iii) Public officials. any of the three Acts.

(iv) Citizens or representatives of or(b) Role. Primary responsibility for ganizations with substantial economic decision-making in environmental pro- interests in the plan or project. grams is vested by law in the elected (2) Generally, where the activity has and appointed officials who serve on a particular geographic focus, the adpublic bodies and agencies at various visory group shall be made up of perlevels of government. However, all seg- sons who are residents of that geoments of the public must have the op- graphic area. portunity to participate in environ- (3) In order to meet the advisory mental quality planning. Accordingly, group membership requirements of where EPA identifies a need for con- paragraph (c)(1) of this section, the tinued attention of an informed core assisted agency shall: group of citizens in relation to activi- (i) Identify public interest groups, ties conducted with EPA financial as- economic interests, and public officials sistance, program regulations else- who are interested in or affected by where in this chapter will require an the assisted activity. advisory group to be appointed by the (ii) Make active efforts to inform financially assisted agency. Such advi- citizens in the affected area, and the sory groups will not be the sole mecha

persons or groups identified under nism for public participation, but will paragraph (c)(3)(i) of this section, of complement other mechanisms. They this opportunity for participation on are intended to assist elected or ap- the advisory group. This may include pointed officials with final decision- such actions as placing notices or anmaking responsibility by making rec- nouncements in the newspapers or ommendations to such officials on im- other media, mailing written notices to portant issues. In addition, advisory interested parties, contacting organizagroups should foster a constructive tions or individuals directly, requestinterchange among the various inter- ing organizations to notify their memests present on the group and enhance bers through meetings, newsletters, or the prospect of community acceptance other means. of agency action.

(iii) Where the membership compo(c) Membership. (1) The agency re- sition set forth in paragraph (c)(1) of ceiving financial assistance shall this section is not met after the above assure that the advisory group reflects actions, the assisted agency shall idena balance of interests in the affected tify the causative problems and make area. In order to meet this require- additional efforts to overcome such ment, the assisted agency shall take problems. For example, the agency positive action, in accordance with should make personal contact with paragraph (c)(3) of this section, to es- prospective participants to invite their tablish an advisory group which con- participation. sists of substantially equivalent pro- (iv) Where problems in meeting the portions of the following four groups: membership composition arise, the

(i) Private citizens. No person may agency should request advice and asbe included in this portion of the advi- sistance from EPA. sory group who is likely to incur a fi- (d) The assisted agency shall record nancial gain or loss greater than that the names and mailing addresses of of an average homeowner, taxpayer or each member of the advisory group, consumer as a result of any action with the attributes of each in relation likely to be taken by the assisted to the membership requirements set agency.

forth in paragraph (c)(1) of this sec(ii) Representatives of public interest tion, provide a copy to EPA, and make groups. A “public interest group” is an the list available to the public. In the organization which reflects a general event that the membership requirecivic, social, recreational, environmen- ments set forth in paragraph (c)(1) of this section are not met, the assisted agreed upon between the advisory agency shall append to the list a de- group and the agency. scription of its efforts to comply with (4) The assisted agency shall estabthose requirements and an explana- lish a system to make costs of reasonation of the problems which prevented ble out-of-pocket expenses of advisory compliance. EPA shall review the group participation available to group agency's efforts to comply and ap- members. Time away from work need prove the advisory group composition not be reimbursed; however, assisted or, if the agency's efforts were inad- agencies are encouraged to schedule equate, require additional actions to meetings at times and places which achieve the required membership com- will not require members to leave their position.

jobs to attend. (e) Responsibilities of the assisted (f) Advisory group responsibilities agency. (1) The assisted agency shall and duties. The advisory group may designate a staff contact who will be select its own chairperson, adopt its responsible for day-to-day coordina- own rules of order, and schedule and tion among the advisory group, the conduct its own meetings. Advisory agency, and any agency contractors or group meetings shall be announced consultants. The financial assistance well in advance and shall be open to agreement shall include a budget item the public. At all meetings, the advisofor this staff contact. Where substan- ry group shall provide opportunity for tial portions of the assisted agency's public comment. Any minutes of adviresponsibilities will be met under con- sory group meetings and recommendatract, the agency shall require a simi- tions to the assisted agency shall be lar designation, and budget specifica- available to the public. The advisory tion, of its contractor. In the latter group should monitor the progress of event, the assisted agency does not the project and become familiar with have to designate a separate staff con- issues relevant to project development. tact on its own staff, if the Regional In the event the assisted agency and Administrator determines that the the advisory group agree that the adcontractor's designation will result in visory group will assume public paradequate coordination. The staff con- ticipation responsibilities, the group tact shall be located in the project should undertake those responsibilarea.

ities promptly. The advisory group (2) The assisted agency has such re- should make written recommendations sponsibilities as providing the advisory directly to the assisted agency and to group with information, identifying responsible decision-making officials issues for the advisory group's consid- on major decisions (including approval eration, consulting with the advisory of the public participation program) group throughout the project, request- and respond to any requests from the ing the advisory group's recommenda- agency or decision-making officials for tions prior to major decisions, trans- recommendations. The advisory group mitting advisory group recommenda- should remain aware of community attions to decision-making officials, and titudes and responses to issues as they making written responses to any arise. As part of this effort, the advisoformal recommendation by the adviso- ry group may, within the limitations ry group. The agency shall make any of available resources, conduct public such written responses available to the participation activities in conjunction public. To the maximum extent feasi- with the assisted agency; solicit outble, the assisted agency shall involve side advice; and establish, in conjuncthe advisory group in the development tion with the assisted agency, subcomof the public participation program. mittees, ad hoc groups, or task forces

(3) The assisted agency shall identi- to investigate and develop recommenfy professional and clerical staff time dations on particular issues as they which the advisory group may depend arise. The advisory group should unupon for assistance, and provide the dertake its responsibilities fully and advisory group with an operating promptly in accordance with the polibudget which may be used for techni- cies and requirements of this part. cal assistance and other purposes Nothing shall preclude the right of the advisory group from requesting shall be used as part of evaluations reEPA to perform an evaluation of the quired under this part or elsewhere in assisted agency's compliance with the this chapter. requirements of this part.

(g) Training and assistance. EPA 8 25.9 Permit enforcement. will promptly provide appropriate

Each agency administering a permit written guidance and project informa

program shall develop internal procetion to the newly formed advisory group and may provide advice and as

dures for receiving evidence submitted sistance to the group throughout the

by citizens about permit violations and life of the project. EPA will develop

ensuring that it is properly considered. and, in conjunction with the State or

Public effort in reporting violations assisted agency, carry out a program

shall be encouraged, and the agency to provide a training session for the

shall make available information on advisory group, and appropriate assist

reporting procedures. The agency ed agency representatives, promptly

shall investigate alleged violations after the advisory group is formed.

promptly. The assisted agency shall provide addi. tional needed information or assist

8 25.10 Rulemaking. ance to the advisory group.

(a) EPA shall invite and consider

written comments on proposed and in8 25.8 Responsiveness summaries.

terim regulations from any interested Each agency which conducts any ac- or affected persons and organizations. tivities required under this part shall All such comments shall be part of the prepare a Responsiveness Summary at

public record, and a copy of each comspecific decision points as specified in ment shall be available for public inprogram regulations or in the ap

spection. EPA will maintain a docket proved public participation work plan.

of comments received and any Agency Responsiveness Summaries are also re

responses. Notices of proposed and inquired for rulemaking activities under

terim rulemaking, as well as final rules $ 25.10. Each Responsiveness Summa.

and regulations, shall be distributed in ry shall identify the public participa

accordance with § 25.4(c) to interested tion activity conducted; describe the

or affected persons promptly after matters on which the public was con

publication. Each notice shall include sulted; summarize the public's views,

information as to the availability of significant comments, criticisms and

the full texts of rules and regulations suggestions; and set forth the agency's

(where these are not set forth in the specific responses in terms of modifi.

notice itself) and places where copying cations of the proposed action or an

facilities are available at reasonable explanation for rejection of proposals made by the public. Responsiveness

cost to the public. Under Executive

Order 12044 (March 23, 1978), further Summaries prepared by agencies receiving EPA financial assistance shall

EPA guidance will be issued concernalso include evaluations by the agency

ing public participation in EPA ruleof the effectiveness of the public par

making. A Responsiveness Summary ticipation program. Assisted agencies

shall be published as part of the preshall request such evaluations from

amble to interim and final regulations. any advisory group and provide an op

In addition to providing opportunity portunity for other participating mem

for written comments on proposed and bers of the public to contribute to the interim regulations, EPA may choose evaluation. (In the case of programs

to hold a public hearing. with multiple responsiveness summary

(b) State rulemaking specified in requirements, these analyses need § 25.2(a)(1) shall be in accord with the only be prepared and submitted with requirements of paragraph (a) of this the final summary required.) Respon- section or with the State's administrasiveness summaries shall be forwarded tive procedures act, if one exists. Howto the appropriate decision-making of- ever, in the event of conflict between a ficial and shall be made available to provision of paragraph (a) of this secthe public. Responsiveness Summaries tion and a provision of a State's ad

as

ministrative procedures act, the State's law shall apply. 8 25.11 Work elements in financial assist.

ance agreements. (a) This section is applicable to activities under $25.2(a)(5) excep otherwise provided in Part 30 or Part 35.

(b) Each applicant for EPA financial assistance shall set forth in the application a public participation work plan or work element which reflects how public participation will be provided for, encouraged, and assisted in accordance with this part. This work plan or element shall cover the project period. At a minimum, the work plan or element shall include:

(1) Staff contacts and budget resources to be devoted to public participation by category;

(2) A proposed schedule for public participation activities to impact major decisions, including consultation points where responsiveness summaries will be prepared;

(3) An identification of consultation and information mechanisms to be used;

(4) The segments of the public targeted for involvement.

(c) All reasonable costs of public participation incurred by assisted agencies which are identified in an approved public participation work plan or element, or which are otherwise approved by EPA, shall be eligible for financial assistance.

(d) The work plan or element may be revised as necessary throughout the project period with approval of the Regional Administrator.

cable public participation requirements found elsewhere in this chapter, will be met.

(2) Compliance-(i) Evaluation. EPA shall evaluate compliance with public participation requirements using the work plan, responsiveness summary, and other available information. EPA will judge the adequacy of the public participation effort in relation to the objectives and requirements of $ 25.3 and $ 25.4 and other applicable requirements. In conducting this evaluation, EPA may request additional information from the assisted agency, including records of hearings and meetings, and may invite public comment on the agency's performance. The evaluation will be undertaken as part of any mid-project review required in various programs under this chapter; where no such review is required the review shall be conducted at an approximate mid-point in continuing EPA oversight activity. EPA may, however, undertake such evaluation at any point in the project period, and will do so whenever it believes that an assisted agency may have failed to meet public participation requirements.

(ii) Remedial actions. Whenever EPA determines that an assisted agency has not fully met public par. ticipation requirements, EPA shall take actions which it deems appropriate to mitigate the adverse effects of the failure and assure that the failure is not repeated. For ongoing projects, that action shall include, at a minimum, imposing more stringent requirements on the assisted agency for the next budget period or other period of the project (including such actions as more specific output requirements and milestone schedules for output achievement; interim EPA review of public participation activities and materials prepared by the agency, and phased release of funds based on compliance with milestone schedules.) EPA may terminate or suspend part or all financial assistance for non-compliance with public participation requirements, and may take any further actions that it determines to be appropriate in accordance with Parts 30 and 35 of this chapter (see, in particular, $$ 30.340, Noncompliance and 30.615

8 25.12 Assuring compliance with public

participation requirements. (a) Financial assistance programs(1) Applications. EPA shall review the public participation work plan (or, if no work plan is required by this chapter for the particular financial assistance agreement, the public participation element) included in the application to determine consistency with all policies and requirements of this part. No financial assistance shall be awarded unless EPA is satisfied that the public participation policies and requirements of this part and, any appli

8 25.14 Termination of reporting require

ments. All reporting requirements specifically established by this part will terminate on (5 years from date of publication) unless EPA acts to extend the requirements beyond that date.

PART 27 - PROGRAM FRAUD CIVIL

REMEDIES

3, Withholding of Payments, and Subpart H of Part 30, Modification, Suspension, and Termination).

(b) State programs approved in lieu of Federal programs. State compliance with applicable public participation requirements in programs specified in $ 25.2(a) (6) and (7) and administered by approved States shall be monitored by EPA during the annual review of the State's program, and during any financial or program audit or review of these programs. EPA may withdraw an approved program from a State for failure to comply with applicable public participation requirements.

(c) Other covered programs. Assuring compliance with these public participation requirements for programs not covered by paragraphs (a) and (b) of this section is the responsibility of the Administrator of EPA. Citizens with information concerning alleged failures to comply with the public participation requirements should notify the Administrator. The Administrator will assure that instances of alleged noncompliance are promptly investigated and that corrective action is taken where necessary.

8 25.13 Coordination and non-duplication.

The public participation activities and materials that are required under this part should be coordinated or combined with those of closely related programs or activities wherever this will enhance the economy, the effectiveness, or the timeliness of the effort; enhance the clarity of the issue; and not be detrimental to participation by the widest possible public. Hearings and meetings on the same matter may be held jointly by more than one agency where this does not conflict with the policy of this paragraph. Special efforts shall be made to coordinate public participation procedures under this part and applicable regulations elsewhere in this chapter with environmental assessment and analysis procedures under 40 CFR Part 6. EPA encourages interstate agencies in particular to develop combined proceedings for the States concerned.

Sec. 27.1 Basis and purpose. 27.2 Definitions. 27.3 Basis for civil penalties and assess

ments. 27.4 Investigation. 27.5 Review by the reviewing official. 27.6 Prerequisites for issuing a complaint. 27.7 Complaint. 27.8 Service of complaint. 27.9 Answer. 27.10 Default upon failure to file an

answer. 27.11 Referral of complaint and answer to

the presiding officer. 27.12 Notice of hearing. 27.13 Parties to the hearing. 27.14 Separation of functions. 27.15 Ex parte contacts. 27.16 Disqualification of the reviewing offi

cial or presiding officer. 27.17 Rights of parties. 27.18 Authority of the presiding officer. 27.19 Prehearing conferences. 27.20 Disclosure of documents. 27.21 Discovery. 27.22 Exchange of witness lists, state

ments, and exhibits. 27.23 Subpoenas for attendance at hearing. 27.24 Protective order. 27.25 Fees. 27.26 Form, filing and service of papers. 27.27 Computation of time. 27.28 Motions. 27.29 Sanctions. 27.30 The hearing and burden of proof. 27.31 Determining the amount of penalties

and assessments. 27.32 Location of hearing. 27.33 Witnesses. 27.34 Evidence. 27.35 The record. 27.36 Post-hearing briefs. 27.37 Initial decision. 27.38 Reconsideration of initial decision. 27.39 Appeal to authority head. 27.40 Stays ordered by the Department of

Justice. 27.41 Stay pending appeal. 27.42 Judicial review.

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