[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: 40CFR142.44]

[Page 659-660]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
Subpart E_Variances Issued by the Administrator Under Section 1415(a) of 
 
Sec. 142.44  Public hearings on variances and schedules.

    (a) Before a variance and schedule proposed by the Administrator 
pursuant to Sec. 142.43 may take effect, the Administrator shall 
provide notice and opportunity for public hearing on the variance and 
schedule. A notice given pursuant to the preceding sentence may cover 
the granting of more than one variance and a hearing held pursuant to 
such notice shall include each of the variances covered by the notice.
    (b) Public notice of an opportunity for hearing on a variance and 
schedule shall be circulated in a manner designed to inform interested 
and potentially interested persons of the proposed variance and 
schedule, and shall include at least the following:
    (1) Posting of a notice in the principal post office of each 
municipality or area served by the public water system, and publishing 
of a notice in a newspaper or newspapers of general circulation in the 
area served by the public water system; and
    (2) Mailing of a notice to the agency of the State in which the 
system is located which is responsible for the State's water supply 
program, and to other appropriate State or local agencies at the 
Administrator's discretion.
    (3) Such notice shall include a summary of the proposed variance and 
schedule and shall inform interested persons that they may request a 
public hearing on the proposed variance and schedule.
    (c) Requests for hearing may be submitted by any interested person 
other than a Federal agency. Frivolous or insubstantial requests for 
hearing may be denied by the Administrator. Requests must be submitted 
to the Administrator within 30 days after issuance of the public notices 
provided for in paragraph (b) of this section. 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 interest of the person making the 
request in the proposed variance and schedule, and of information that 
the requester 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.

[[Page 660]]

    (d) The Administrator shall give notice in the manner set forth in 
paragraph (b) of this section 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 persons requesting the hearing, 
if any. Notice of the hearing shall include a statement of the purpose 
of the hearing, information regarding the time and location 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) A hearing 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) The variance and schedule shall become effective 30 days after 
notice of opportunity for hearing is given pursuant to paragraph (b) of 
this section if no timely request for hearing is submitted and the 
Administrator does not determine to hold a public hearing on his own 
motion.

[41 FR 2918, Jan. 20, 1976, as amended at 52 FR 20675, June 2, 1987]