[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.13]

[Page 628-629]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
              Subpart B_Primary Enforcement Responsibility
 
Sec. 142.13  Public hearing.

    (a) The Administrator shall provide an opportunity for a public 
hearing before a final determination pursuant to Sec. 142.11 that the 
State meets or does not meet the requirements for obtaining primary 
enforcement responsibility, or a final determination pursuant to Sec. 
142.12(d)(3) to approve or disapprove a State request for approval of a 
program revision, or a final determination pursuant to Sec. 142.17 that 
a State no longer meets the requirements for primary enforcement 
responsibility.
    (b) The Administrator shall publish notice of any determination 
specified in paragraph (a) of this section in the Federal Register and 
in a newspaper or newspapers of general circulation in the State 
involved within 15 days after making such determination, with a 
statement of his reasons for the determination. Such notice shall inform 
interested persons that they may request a public hearing on the 
Administrator's determination. Such notice shall also indicate one or 
more locations in the State where information submitted by the State 
pursuant to Sec. 142.11 is available for inspection by the general 
public. A public hearing may be requested by any interested person other 
than a Federal agency. Frivolous or insubstantial requests for hearing 
may be denied by the Administrator.

[[Page 629]]

    (c) Requests for hearing submitted pursuant to paragraph (b) of this 
section shall be submitted to the Administrator within 30 days after 
publication of notice of opportunity for hearing in the Federal 
Register. Such requests shall include the following information:
    (1) The name, address and telephone number of the individual, 
organization or other entity requesting a hearing.
    (2) A brief statement of the requesting person's interest in the 
Administrator's determination and of information that the requesting 
person intends to submit at such hearing.
    (3) The signature of the individual making the request; or, if the 
request is made on behalf of an organization or other entity, the 
signature of a responsible official of the organization or other entity.
    (d) The Administrator shall give notice in the Federal Register and 
in a newspaper or newspapers of general circulation in the State 
involved of any hearing to be held pursuant to a request submitted by an 
interested person or on his own motion. Notice of the hearing shall also 
be sent to the person requesting a hearing, if any, and to the State 
involved. Notice of the hearing shall include a statement of the purpose 
of the hearing, information regarding the time and location or locations 
for the hearing and the address and telephone number of an office at 
which interested persons may obtain further information concerning the 
hearing. At least one hearing location specified in the public notice 
shall be within the involved State. Notice of hearing shall be given not 
less than 15 days prior to the time scheduled for the hearing.
    (e) Hearings convened pursuant to paragraph (d) of this section 
shall be conducted before a hearing officer to be designated by the 
Administrator. The hearing shall be conducted by the hearing officer in 
an informal, orderly and expeditious manner. The hearing officer shall 
have authority to call witnesses, receive oral and written testimony and 
take such other action as may be necessary to assure the fair and 
efficient conduct of the hearing. Following the conclusion of the 
hearing, the hearing officer shall forward the record of the hearing to 
the Administrator.
    (f) After reviewing the record of the hearing, the Administrator 
shall issue an order affirming the determination referred to in 
paragraph (a) of this section or rescinding such determination. If the 
determination is affirmed, it shall become effective as of the date of 
the Administrator's order.
    (g) If no timely request for hearing is received and the 
Administrator does not determine to hold a hearing on his own motion, 
the Administrator's determination shall become effective 30 days after 
notice is issued pursuant to paragraph (b) of this section.
    (h) If a determination of the Administrator that a State no longer 
meets the requirements for primary enforcement responsibility becomes 
effective, the State may subsequently apply for a determination that it 
meets such requirements by submitting to the Administrator information 
demonstrating that it has remedied the deficiencies found by the 
Administrator without adversely sacrificing other aspects of its program 
required for primary enforcement responsibility.

[41 FR 2918, Jan. 20, 1976, as amended at 54 FR 52140, Dec. 20, 1989; 60 
FR 33661, June 28, 1995]