[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR179.83]

[Page 322-323]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 179_FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents
 
                      Subpart E_Hearing Procedures
 
Sec. 179.83  Disclosure of data and information.

    (a) Within 60 days of the publication of the Notice of Hearing under 
Sec. l79.20, or, if no party will be prejudiced, within another period 
set by the presiding officer, the Assistant Administrator shall file 
with the hearing clerk, in accordance with Sec. 179.80, the following 
documents numbered and organized in the manner prescribed by the 
presiding officer:
    (1) The portions of the administrative record of the proceeding 
developed under part 178 of this chapter, and under part 180 of this 
chapter, that are relevant to the issues in the hearing.
    (2) All documents in the files of OPPTS containing factual 
information or expert opinion, whether favorable or unfavorable to the 
position of OPPTS, which relate to the issues involved in the hearing. 
For purposes of this paragraph, ``files'' means the principal files in 
OPPTS in which documents relating to each of the issues in the hearing 
are ordinarily kept. Documents that are internal memoranda reflecting 
the deliberative process, or are attorney work product, or were prepared 
specifically for use in connection with the

[[Page 323]]

hearing, are not required to be submitted.
    (3) All other documentary data and information upon which OPPTS 
plans to rely upon in the hearing.
    (4) A narrative position statement on the factual issues in the 
Notice of Hearing and the nature of the supporting evidence that OPPTS 
intends to introduce.
    (5) A signed statement that, to the best knowledge and belief of the 
Assistant Administrator, the submission complies with this section.
    (b) Within 70 days of the publication of the Notice of Hearing or, 
if no party will be prejudiced, within another period of time set by the 
presiding officer, each party other than OPPTS shall submit to the 
hearing clerk in accordance with Sec. 179.80 the following documents, 
numbered and organized in the manner prescribed by the presiding 
officer:
    (1) Any objections that the administrative record filed under 
paragraph (a)(l) of this section is incomplete.
    (2) All documents (other than those filed under paragraph (a) of 
this section) in the party's files containing factual information or 
expert opinion, whether favorable or unfavorable to the party's 
position, that relates to the issues involved in the hearing. For 
purposes of this paragraph, ``files'' means the party's principal files 
in which documents relating to each of the issues in the hearing are 
ordinarily kept. Documents that are attorney work product, or were 
prepared specifically for use in connection with the hearing, are not 
required to be submitted.
    (3) All other documentary data and information the party plans to 
rely upon in the hearing.
    (4) A narrative position statement on the factual issues in the 
Notice of Hearing and the nature of the supporting evidence the party 
intends to introduce.
    (5) A signed statement that, to the best knowledge and belief of the 
party, the submission complies with this section.
    (c) Submissions required by paragraphs (a) and (b) of this section 
may be supplemented later in the proceeding, with the approval of the 
presiding officer, upon a showing that the material contained in the 
supplement was not reasonably known by or available to the party when 
the submission was made or that the relevance of the material contained 
in the supplement could not reasonably have been foreseen.
    (d) If a party fails to comply substantially and in good faith with 
this section, the presiding officer may infer that such failure was for 
the purpose of withholding information that is unfavorable to the 
party's position, and may make such further adverse inferences and 
findings with respect to such failure as are warranted.
    (e) Parties may reference each other's submissions. To reduce 
duplicative submissions, parties are encouraged to exchange and 
consolidate lists of documentary evidence. If a particular document is 
bulky or in limited supply and cannot reasonably be reproduced, and it 
constitutes relevant evidence, the presiding officer may authorize 
submission of a reduced number of copies.
    (f) The presiding officer will rule on questions relating to this 
section.

[55 FR 50293, Dec. 5, 1990, as amended at 57 FR 28087, June 24, 1992; 70 
FR 33359, June 8, 2005]