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Region 1- John F. Kennedy Federal Build

ing, Boston, Massachusetts 02203. Region II-26 Federal Plaza, New York, New

York 10007. Region III-Curtis Building. 6th and

Walnut Streets, Philadelphia, Pennsylvania 19106. Region IV-345 Courtland Street NE., At

lanta, Georgia 30308. Region V-230 South Dearborn Street, Chi

cago, Illinois 60604. Region VI-First International Building,

1201 Elm Street, Dallas, Texas 75270. Region VII–1735 Baltimore Street, Kansas

City, Missouri 64108. Region VIII-1860 Lincoln Street, Denver,

Colorado 80203. Region IX-215 Fremont Street, San Fran

cisco, California 94105. Region X-1200 6th Avenue, Seattle, Wash

ington 98101.

(e) Issuance of the complaint (1) Except as provided in paragraph (e)(3) of this section, the complainant may issue a complaint whenever he has reason to believe that any violation extends beyond the thirtieth day after service of the notice of violation.

(2) The complaint shall include, in addition to the elements stated in $ 22.14 of the Consolidated Rules, an order requiring compliance within a specified time period. The complaint shall be equivalent to the compliance order referred to in Section 3008 of the Act.

(3) Whenever a violation is of a noncontinuous or intermittent nature, the Administrator may issue a complaint, without any prior notice to the violator, pursuant to $ 22.14 of the Consolidated Rules of Practice which may also require the violator to take any and all measures necessary to offset all adverse effects to health and the environment created, directly or indirectly, as a result of the violation.

(4) Notwithstanding $ 22.15(a), any answer to the complaint must be filed with the Regional Hearing Clerk within thirty (30) days after the filing of the complaint.

(f) Subpoenas. (1) The attendance of witnesses or the production of documentary evidence may be required by subpoena. The Presiding Officer may grant a request for a subpoena upon a showing of (i) the grounds and necessity therefor, and (ii) the materiality and relevancy of the evidence to be adduced. Requests for the production of documents shall describe with specificity the documents sought.

(2) Subpoenas shall be served in accordance with $ 22.05(b)(1) of the Consolidated Rules of Practice.

(3) Witnesses summoned before the Presiding Officer shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Fees shall be paid by the party at whose instance the witness appears. Where a witness appears pursuant to a request initiated by the Presiding Officer, fees shall be paid by the Agency. (42 U.S.C. 6901, et seq.)

NOTE: At 45 FR 79808, Dec. 2, 1980, paragraphs (b), (c), (d), (e)(1) and (3) of $ 22.37 were suspended until further notice, effective Dec. 2, 1980.



Sec. 25.1 Introduction. 25.2 Scope. 25.3 Policy and objectives. 25.4 Information, notification, and consul

tation responsibilities. 25.5 Public hearings. 25.6 Public meetings. 25.7 Advisory groups. 25.8 Responsiveness summaries. 25.9 Permit enforcement. 25.10 Rulemaking. 25.11 Work elements in financial assistance

agreements. 25.12 Assuring compliance with public par

ticipation requirements. 25.13 Coordination and non-duplication. 25.14 Termination of reporting require

ments. AUTHORITY: Sec. 101(e), Clean Water Act, as amended (33 U.S.C. 1251(e)); sec. 7004(b), Resource Conservation and Recovery Act (42 U.S.C. 6974(b)); sec. 1450(a)(1), Safe Drinking Water Act, as amended (42 U.S.C. 3000-9),

SOURCE: 44 FR 10292, Feb. 16, 1979, unless otherwise noted.

8 25.1. Introduction.

(2) EPA issuance and modification of This part sets forth minimum re

permits, and enforcement of permits

as delineated by $ 25.9; quirements and suggested program elements for public participation in ac

(3) Development by EPA of major

informational materials, such as cititivities under the Clean Water Act

zen guides or handbooks, which are (Pub. L. 95-217), the Resource Conser

expected to be used over several years vation and Recovery Act (Pub. L. 94

and which are intended to be widely 580), and the Safe Drinking Water Act

distributed to the public; (Pub. L. 93-523). The applicability of

(4) Development by EPA of strategy the requirements of this part is as fol

and policy guidance memoranda when lows:

a Deputy Assistant Administrator de(a) Basic requirements and suggest

termines it to be appropriate; ed program elements for public infor- (5) Development and implementamation, public notification, and public tion of plans, programs, standards, consultation are set forth in $ 25.4. construction, and other activities supThese requirements are intended to ported with EPA financial assistance foster public awareness and open proc (grants and cooperative agreements) esses of government decisionmaking. to State, interstate, regional and local They are applicable to all covered ac- agencies (herein after referred to as tivities and programs described in “State, interstate, and substate agen$ 25.2(a).

cies”); (b) Requirements and suggested pro- (6) The process by which EPA makes gram elements which govern the struc- a determination regarding approval of ture of particular public participation State administration of the Construcmechanisms (for example, advisory tion Grants program in lieu of Federal groups and responsiveness summaries) administration; and the administraare set forth in $8 25.5, 25.6, 25.7, and tion of the Construction Grants Pro25.8. This part does not mandate the gram by the State after EPA approval; use of these public participation mech (7) The process by which EPA makes anisms. It does, however, set require a determination regarding approval of ments which those responsible for im

State administration of the following plementing the mechanisms must

programs in lieu of Federal adminisfollow if the mechanisms are required

tration: The State Hazardous Waste elsewhere in this chapter.

Program; the NPDES Permit Pro(c) Requirements which apply to

gram; the Dredge and Fill Permit ProFederal financial assistance programs

gram; and the Underground Injection

Control Program; (grants and cooperative agreements) under the three acts are set forth in

(8) Other activities which the Assist$8 25.10 and 25.12(a).

ant Administrator for Water and (d) Requirements for public involve

Waste Management, the Assistant Ad

ministrator for Enforcement, or any ment which apply to specific activities

EPA Regional Administrator deems are set forth in § 25.9 (Permit enforcement),

appropriate in view of the Agency's re$ 25.10 (Rulemaking), and § 25.12 (Assuring compliance with re

sponsibility to involve the public in

significant decisions. quirements).

(b) Activities which are not covered 8 25.2

by this part, except as otherwise proScope.

vided under (a)(8) or (c) of this sec(a) The activities under the three tion, are activities under Parts 33 (SuActs which are covered by this part bagreements), 39 (Loan Guarantees are:

for Construction of Treatment (1) EPA rulemaking, except non- Works), 40 (Research and Developpolicy rulemaking (for example public ment Grants), 45 (Training Grants cation of funding allotments under and Manpower Forecasting) and 46 statutory formulas); and State rule. (Fellowships) of this chapter. making under the Clean Water Act (c) Some programs covered by these and Resource Conservation and Re- regulations contain further provisions covery Act;

concerning public participation. These

are found elsewhere in this chapter in $ 25.3 Policy and objectives. provisions which apply to the program

(a) EPA, State, interstate, and subof interest. Regulations which govern

state agencies carrying out activities the use and release of public informa

described in § 25.2(a) shall provide for, tion are set forth in Part 2 of this

encourage, and assist the participation chapter.

of the public. The term, "the public" (d) Specific provisions of court in the broadest sense means the orders which conflict with require people as a whole, the general popuments of this part, such as court-estab- lace. There are a number of identifilished timetables, shall take prece- able "segments of the public" which dence over the provisions in this part. may have a particular interest in a

(e) Where the State undertakes given program or decision. Interested functions in the construction grants and affected segments of the public program, the State shall be responsi may be affected directly by a decision, ble for meeting these requirements for either beneficially or adversely; they public participation, and any applica- may be affected indirectly; or they ble public participation requirements may have some other concern about found elsewhere in this chapter, to the

the decision. In addition to private same extent as EPA.

citizens, the public may include, (f) Where the State undertakes

among others, representatives of confunctions in those programs specifical

sumer, environmental, and minority ly cited in $ 25.2(a)(7), the State shall

associations; trade, industrial, agriculbe responsible for meeting the require

tural, and labor organizations; public

health, scientific, and professional soments for public participation includ

cieties; civic associations; public offied in the applicable regulations gov

cials; and governmental and educa. erning those State programs. The re

tional associations. quirements for public participation in

(b) Public participation is that part State Hazardous Waste Programs,

of the decision-making process Dredge and Fill Permit programs, Un

through which responsible officials derground Injection Control programs

become aware of public attitudes by and NPDES permit programs are

providing ample opportunity for interfound in Part 123 of this chapter.

ested and affected parties to communiThese regulations embody the sub

cate their views. Public participation stantive requirements of this part.

includes providing access to the deci(g) These regulations apply to the sion-making process, seeking input activities of all agencies receiving EPA from and conducting dialogue with the financial assistance which is awarded public, assimilating public viewpoints after [the effective date of final regu and preferences, and demonstrating lations], and to all other covered activ that those viewpoints and preferences ities of EPA, State, interstate, and sub- have been considered by the decisionstate agencies which occur after that making official. Disagreement on sigdate. These regulations will apply to nificant issues is to be expected among ongoing grants or other covered activi government agencies and the diverse ties upon any significant change in the groups interested in and affected by activity (for example, upon a signifi- public policy decisions. Public agencies cant proposed increase in project should encourage full presentation of scope of a construction grant). Parts

issues at an early stage so that they 105 (Public Participation in Water Polo

can be resolved and timely decisions lution Control) and 249 (Public Par

can be made. In the course of this ticipation in Solid Waste Manage

process, responsible officials should

make special efforts to encourage and ment) will no longer appear in the Code of Federal Regulations; however,

assist participation by citizens repre

senting themselves and by others they will remain applicable, in uncodi

whose resources and access to deci. fied form, to grants awarded prior to

sion-making may be relatively limited. the effective date of this part and to

(c) The following are the objectives all other ongoing activities.

of EPA, State, interstate, and substate agencies in carrying out activities cov. decisions shall be clearly stated in ered by this part:

such material. Each agency shall iden(1) To assure that the public has the tify segments of the public likely to be opportunity to understand official pro affected by agency decisions and grams and proposed actions, and that should consider targeting informationthe government fully considers the al materials toward them (in addition public's concerns;

to the materials directed toward the (2) To assure that the government general public). Lengthy documents does not make any significant decision and complex technical materials that on any activity covered by this part relate to significant decisions should without consulting interested and af- be summarized for public and media fected segments of the public;

uses. Fact sheets, news releases, news(3) To assure that government letters, and other similar publications action is as responsive as possible to may be used to provide notice that mapublic concerns;

terials are available and to facilitate (4) To encourage public involvement public understanding of more complex in implementing environmental laws; documents, but shall not be a substi

(5) To keep the public informed tute for public access to the full docuabout significant issues and proposed ments. project or program changes as they (3) Each agency shall provide one or arise;

more central collections of reports, (6) To foster a spirit of openness and studies, plans, and other documents mutual trust among EPA, States, sub relating to controversial issues or sigstate agencies and the public; and

nificant decisions in a convenient loca(7) To use all feasible means to tion or locations, for example, in create opportunities for public partici- public libraries. Examples of such docpation, and to stimulate and support uments are catalogs of documents participation.

available from the agency, grant appli

cations, fact sheets on permits and $ 25.4 Information, notification, and con

permit applications, permits, effluent sultation responsibilities.

discharge information, and compliance (a) General. EPA, State, interstate, schedule reports. Copying facilities at and substate agencies shall conduct a reasonable cost should be available at continuing program for public infor- the depositories. mation and participation in the devel. (4) Whenever possible, agencies shall opment and implementation of activi- provide copies of documents of interties covered by this part. This program est to the public free of charge. shall meet the following requirements: Charges for copies should not exceed

(b) Information and assistance re- prevailing commercial copying costs. quirements. (1) Providing information EPA requirements governing charges to the public is a necessary prerequi for information and documents prosite to meaningful, active public in vided to the public in response to revolvement. Agencies shall design infor- quests made under the Freedom of Inmational activities to encourage and formation Act are set forth in Part 2 facilitate the public's participation in of this chapter. Consistent with the all significant decisions covered by objectives of $ 25.3(b), agencies may $ 25.2(a), particularly where alterna- reserve their supply of free copies for tive courses of action are proposed

private citizens and others whose re(2) Each agency shall provide the sources are limited. public with continuing policy, pro (5) Each agency shall develop and gram, and technical information and maintain a list of persons and organiassistance beginning at the earliest zations who have expressed an interest practicable time. Informational mate- in or may, by the nature of their purrials shall highlight significant issues poses, activities or members, be affectthat will be the subject of decision- ed by or have an interest in any cov. making. Whenever possible, consistent ered activity. Generally, this list will with applicable statutory require be most useful where subdivided by ments, the social, economic, and envi area of interest or geographic area. ronmental consequences of proposed Whenever possible, the list should include representatives of the several continuing public consultation in any categories of interests listed under siginificant action covered by this $ 25.3(a). Those on the list, or relevant part. Merely conferring with the portions if the list is subdivided, shall public after an agency decision does receive timely and periodic notifica- not meet this requirement. In addition tion of the availability of materials to holding hearings and meetings as under $ 25.4(b)(2).

specifically required in this chapter, a (c) Public notification. Each agency hearing or meeting shall be held if shall notify interested and affected EPA, the State, interstate, or substate parties, including appropriate portions agency determines that there is sig. of the list required by paragraph nificant public interest or that a hear(b)(5) of this section, and the media in ing or meeting would be useful. advance of times at which major deci (e) Public information concerning sions not covered by notice require legal proceedings. EPA, State, interments for public meetings or public

state, and substate agencies shall prohearings are being considered. Gener

vide full and open information on ally, notices should include the timeta

legal proceedings to the extent not inble in which a decision will be reached,

consistent with court requirements, the issues under consideration, any al

and where such disclosure would not ternative courses of action or tentative

prejudice the conduct of the litigation. determinations which the agency has

EPA actions with regard to affording made, a brief listing of the applicable

opportunities for public comment laws or regulations, the location where

before the Department of Justice conrelevant documents may be reviewed

sents to a proposed judgment in an or obtained, identification of any asso

action to enjoin discharges of pollutciated public participation opportuni

ants into the environment shall be ties such as workshops or meetings,

consistent with the Statement of the name of an individual to contact

Policy issued by the Department of for additional information, and any

Justice (see Title 28, Code of Federal other appropriate information. All ad

Regulations, Chapter 1, $ 50.7). vance notifications under this paragraph must be provided far enough in

8 25.5 Public hearings. advance of agency action to permit time for public response; generally

(a) Applicability. Any non-adjudicathis should not be less than 30 days.

tory public hearing, whether manda(d) Public consultation. For the pur

tory or discretionary, under the three poses of this part, "public consulta

Acts shall meet the following minition" means an exchange of veiws be

mum requirements. These requiretween governmental agencies and in

ments are subordinate to any more terested or affected persons and orga

stringent requirements found elsenizations in order to meet the objec

where in this chapter or otherwise imtives set forth in $ 25.3. Requirements

posed by EPA, State, interstate, or for three common forms of public con substate agencies. Procedures develsultation (public hearings, public oped for adjudicatory hearings remeetings, and advisory groups) are set quired by this chapter shall be consistforth in 88 25.5, 25.6, and 25.7. Other ent with the public participation obless formal consultation mechanisms jectives of this part, to the extent may include but are not limited to practicable. review groups, ad hoc committees, task (b) Notice. A notice of each hearing forces, workshops, seminars and infor- shall be well publicized, and shall also mal personal communications with in be mailed to the appropriate portions dividuals and groups. Public consulta of the list of interested and affected tion must be preceded by timely distri parties required by $ 25.4(b)(5). Except bution of information and must occur as otherwise specifically provided else. sufficiently in advance of decision where in this chapter, these actions making to allow the agency to assimi. must occur at least 45 days prior to late public views into agency action. the date of the hearing. However, EPA, State, interstate, and substate where EPA determines that there are agencies shall provide for early and no substantial documents which must

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