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sents to a proposed judgment in an the discussion at the public hearing action to enjoin discharges of pollut shall be available to the public at least ants into the environment shall be 30 days before the hearing. Earlier consistent with the Statement of availability of materials relevant to Policy issued by the Department of the hearing will further assist public Justice (see Title 28, Code of Federal participation and is encouraged where Regulations, Chapter 1, $ 50.7).
(c) Locations and time. Hearings $ 25.5 Public hearings.
must be held at times and places (a) Applicability. Any non-adjudica- which, to the maximum extent feasitory public hearing, whether manda
ble, facilitate attendance by the tory or discretionary, under the three public. Accessibility of public transporActs shall meet the following mini tation, and use of evening and weekmum requirements. These require
end hearings, should be considered. In ments are subordinate to any more
the case of actions with Statewide instringent requirements found else
terest, holding more than one hearing where in this chapter or otherwise im should be considered. posed by EPA, State, interstate, or
(d) Scheduling presentations. The substate agencies. Procedures devel
agency holding the hearing shall oped for adjudicatory hearings re
schedule witnesses in advance, when quired by this chapter shall be consist
necessary, to ensure maximum particient with the public participation ob
pation and allotment of adequate time jectives of this part, to the extent
for all speakers. However, the agency practicable.
shall reserve some time for unsched(b) Notice. A notice of each hearing
uled testimony and may consider reshall be well publicized, and shall also
serving blocks of time for major catebe mailed to the appropriate portions
gories of witnesses. of the list of interested and affected
(e) Conduct of hearing. The agency parties required by $ 25.4(b)(5). Except as otherwise specifically provided else
holding the hearing shall inform the where in this chapter, these actions
audience of the issues involved in the must occur at least 45 days prior to
decision to be made, the considerthe date of the hearing. However,
ations the agency will take into acwhere EPA determines that there are
count, the agency's tentative determino substantial documents which must
nations (if any), and the information be reviewed for effective hearing par
which is particularly solicited from ticipation and that there are no com
the public. The agency should considplex or controversial matters to be ad
er allowing a question and answer dressed by the hearing, the notice re
period. Procedures shall not unduly inquirement may be reduced to no less
hibit free expression of views (for exthan 30 days. EPA may further reduce
ample, by onerous written statement or waive the hearing notice require
requirements or qualification of wit. ment in emergency situations where
nesses beyond minimum identificaEPA determines that there is an immi
tion). nent danger to public health. To the
(f) Record. The agency holding the extent not duplicative, the agency
hearing shall prepare a transcript, reholding the hearing shall also provide
cording or other complete record of informal notice to all interested per
public hearing proceedings and make sons or organizations that request it.
it available at no more than cost to The notice shall identify the matters
anyone who requests it. A copy of the to be discussed at the hearing and
record shall be available for public shall include or be accompanied by a
review. discussion of the agency's tentative determination on major issues (if any),
8 25.6 Public meetings. information on the availability of a Public meetings are any assemblies bibliography of relevant materials (if or gathering, (such as conferences, indeemed appropriate), and procedures formational sessions, seminars, workfor obtaining further information. Re- shops, or other activities) which the ports, documents and data relevant to responsible agency intends to be open
to anyone wishing to attend. Public tablish an advisory group which conmeetings are less formal than public sists of substantially equivalent prohearings. They do not require formal portions of the following four groups: presentations, scheduling of presenta- (i) Private citizens. No person may tions and a record of proceedings. The be included in this portion of the advirequirements of $ 25.5 (b) and (c) are sory group who is likely to incur a fiapplicable to public meetings, except nancial gain or loss greater than that that the agency holding the meeting of an average homeowner, taxpayer or may reduce the notice to not less than consumer as a result of any action 30 days if there is good reason that likely to be taken by the assisted longer notice cannot be provided.
agency. 8 25.7 Advisory groups.
(ii) Representatives of public interest
groups. A “public interest group" is an (a) Applicability. The requirements
organization which reflects a general of this section on advisory groups
civic, social, recreational, environmenshall 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. (b) Role. Primary responsibility for
(iv) Citizens or representatives of or
ganizations with substantial economic decision-making in environmental programs is vested by law in the elected
interests in the plan or project. and appointed officials who serve on public bodies and agencies at various
a particular geographic focus, the adlevels of government. However, all seg.
visory group shall be made up of perments of the public must have the op
sons who are residents of that geoportunity to participate in environ
graphic area. mental quality planning. Accordingly,
(3) In order to meet the advisory where EPA identifies a need for con
group membership requirements of tinued attention of an informed core
paragraph (c)(1) of this section, the group of citizens in relation to activi. assisted agency shall: ties conducted with EPA financial as
ith EPA financial as. (i) Identify public interest groups. ance. program regulations else. economic interests, and public officials where in this chapter will require an who are interested in or affected by advisory group to be appointed by the the assisted activity. financially assisted agency. Such advi (ii) Make active efforts to inform sory groups will not be the sole mecha- citizens in the affected area, and the nism for public participation, but will persons or groups identified under complement other mechanisms. They paragraph (c)(3)(i) of this section, of are intended to assist elected or ap this opportunity for participation on pointed officials with final decision. the advisory group. This may include making responsibility by making rec- such actions as placing notices or anommendations to such officials on im- nouncements in the newspapers or portant issues. In addition, advisory other media, mailing written notices to groups should foster a constructive in interested parties, contacting organizaterchange among the various interests tions or individuals directly, requestpresent on the group and enhance the ing organizations to notify their memprospect of community acceptance of bers through meetings, newsletters, or agency action.
other means. (c) Membership. (1) The agency re (iii) Where the membership compoceiving financial assistance shall sition set forth in paragraph (c)(1) of assure that the advisory group reflects this section is not met after the above a balance of interests in the affected actions, the assisted agency shall idenarea. In order to meet this require- tify the causative problems and make ment, the assisted agency shall take additional efforts to overcome such positive action, in accordance with problems. For example, the agency paragraph (c)(3) of this section, to es- should make personal contact with
prospective participants to invite their tions to decision-making officials, and participation.
making written responses to any (iv) Where problems in meeting the formal recommendation by the advisomembership composition arise, the ry group. The agency shall make any agency should request advice and as such written responses available to the sistance from EPA.
public. To the maximum extent feasi(d) The assisted agency shall record ble, the assisted agency shall involve the names and mailing addresses of the advisory group in the development each member of the advisory group of the public participation program. with the attributes of each in relation (3) The assisted agency shall identito the membership requirements set fy professional and clerical staff time forth in paragraph (c)(1) of this sec- which the advisory group may depend tion, provide a copy to EPA, and make upon for assistance, and provide the the list available to the public. In the advisory group with an operating event that the membership require budget which may be used for techniments set forth in paragraph (c)(1) of cal assistance and other purposes this section are not met, the assisted agreed upon between the advisory agency shall append to the list a des 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 reasontion of the problems which prevented able out-of-pocket expenses of advisocompliance. EPA shall review the ry group participation available to agency's efforts to comply and ap- group members. Time away from work prove the advisory group composition need not be reimbursed; however, asor, if the agency's efforts were inad- sisted agencies are encouraged to equate, require additional actions to schedule meetings at times and places achieve the required membership com which will not require members to position.
leave their 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 at
titudes and responses to issues as they also include evaluations by the agency arise. As part of this effort, the adviso- of the effectiveness of the public parry group may, within the limitations ticipation program. Assisted agencies of available resources, conduct public shall request such evaluations from participation activities in conjunction any advisory group and provide an opwith the assisted agency; solicit out. portunity for other participating memside advice; and establish, in conjunc- bers of the public to contribute to the tion with the assisted agency, subcom- evaluation. (In the case of programs mittees, ad hoc groups, or task forces with multiple responsiveness summary to investigate and develop recommen- requirements, these analyses need dations on particular issues as they only be prepared and submitted with arise. The advisory group should un- the final summary required.) Respondertake its responsibilities fully and siveness summaries shall be forwarded promptly in accordance with the poli- to the appropriate decision-making of. cies and requirements of this part. ficial and shall be made available to Nothing shall preclude the right of
the public. Responsiveness Summaries 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 information to the newly formed advisory
program shall develop internal proce
dures for receiving evidence submitted group and may provide advice and assistance to the group throughout the
by citizens about permit violations and life of the project. EPA will develop
ensuring that it is properly considered.
Public effort in reporting violations and, in conjunction with the State or
shall be encouraged, and the agency assisted agency, carry out a program 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.
ry group is formed promptly. The assisted agency shall provide addi
$ 25.10 Rulemaking. tional needed information or assistance 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 Sum- and regulations, shall be distributed in mary shall identify the public partici accordance with $ 25.4(c) to interested pation 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 cost to the public. Under Executive made by the public. Responsiveness Order 12044 (March 23, 1978), further Summaries prepared by agencies re- EPA guidance will be issued concernceiving EPA financial assistance shall ing public participation in EPA rulemaking. A Responsiveness Summary 8 25.12 Assuring compliance with public shall be published as part of the pre participation requirements. amble to interim and final regulations.
(a) Financial assistance programsIn addition to providing opportunity
(1) Applications. EPA shall review the for written comments on proposed and
public participation work plan (or, if interim regulations, EPA may choose
no work plan is required by this chapto hold a public hearing.
ter for the particular financial assist(b) State rulemaking specified in
ance agreement, the public participa$ 25.2(a)(1) shall be in accord with the
tion element) included in the applicarequirements of paragraph (a) of this
tion to determine consistency with all section or with the State's administra
policies and requirements of this part. tive procedures act, if one exists. How
No financial assistance shall be awardever, in the event of conflict between a
ed unless EPA is satisfied that the provision of paragraph (a) of this sec
public participation policies and retion and a provision of a State's ad
quirements of this part and, any appliministrative procedures act, the
cable public participation require. State's law shall apply.
ments found elsewhere in this chapter, 8 25.11 Work elements in financial assist
will be met. ance agreements.
(2) Compliance-(i) Evaluation. EPA
shall evaluate compliance with public (a) This section is applicable to ac
participation requirements using the tivities under $ 25.2(a)(5) except as
work plan, responsiveness summary, otherwise provided in Part 30 or Part
and other available information. EPA 35.
will judge the adequacy of the public (b) Each applicant for EPA financial
participation effort in relation to the assistance shall set forth in the appli
objectives and requirements of $ 25.3 cation a public participation work plan
and $ 25.4 and other applicable re. or work element which reflects how
quirements. In conducting this evaluapublic participation will be provided
tion, EPA may request additional infor, encouraged, and assisted in ac
formation from the assisted agency, cordance with this part. This work including records of bearings an plan or element shall cover the project
meetings, and may invite public comperiod. At a minimum, the work plan
ment on the agency's performance. or element shall include:
The evaluation will be undertaken as (1) Staff contacts and budget re
part of any mid-project review resources to be devoted to public partici
quired in various programs under this pation by category;
chapter; where no such review is re(2) A proposed schedule for public
quired the review shall be conducted participation activities to impact
at an approximate mid-point in conmajor decisions, including consultation tinuing EPA oversight activity. EPA points where responsiveness summar
may, however, undertake such evaluaies will be prepared;
tion at any point in the project period, (3) An identification of consultation
and will do so whenever it believes information mechanisms to be that an assisted agency may have used;
failed to meet public participation re(4) The segments of the public tar- quirements. geted for involvement.
(ii) Remedial actions. Whenever (c) All reasonable costs of public par. EPA determines that an assisted ticipation incurred by assisted agen- agency has not fully met public parcies which are identified in an ap- ticipation requirements, EPA shall proved public participation work plan take actions which it deems appropri. or element, or which are otherwise ap- ate to mitigate the adverse effects of proved by EPA, shall be eligible for fi the failure and assure that the failure nancial assistance.
is not repeated. For ongoing projects, (d) The work plan or element may that action shall include, at a minibe revised as necessary throughout the mum, imposing more stringent reproject period with approval of the quirements on the assisted agency for Regional Administrator.
the next budget period or other period