40 C.F.R. § 124.12

Public hearings

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(a) (Applicable to State programs, see 40 CFR 123.25 (NPDES), 145.11 (UIC), and 271.14 (RCRA).) (1) The Director shall hold a public hearing whenever he or she finds, on the basis of requests, a significant degree of public interest in a draft permit(s);

(2) The Director may also hold a public hearing at his or her discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision;

(3) For RCRA permits only, (i) the Director shall hold a public hearing whenever he or she receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under § 124.10(b)(1); (ii) whenever possible the Director shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility;

(4) Public notice of the hearing shall be given as specified in § 124.10.

(b) Whenever a public hearing will be held and EPA is the permitting authority, the Regional Administrator shall designate a Presiding Officer for the hearing who shall be responsible for its scheduling and orderly conduct.

(c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under § 124.10 shall automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.

(d) A tape recording or written transcript of the hearing shall be made available to the public.

[48 FR 14264, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 FR 6941, Feb. 19, 1985; 54 FR 258, Jan. 4, 1989; 65 FR 30911, May 15, 2000; 89 FR 103501, Dec. 18, 2024]

Notes of Decisions

Cited in 8 cases, 1983–2018 · leading case: Matter of Nat. Resources Def. Council, Inc. v. New York State Dep't of Env't Conservation, 34 N.E.3d 782 (NY 2015).

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Matter of Nat. Resources Def. Council, Inc. v. New York State Dep't of Env't Conservation, 34 N.E.3d 782 (NY 2015). · cites it 4× “The Administrator of the EPA shall hold a hearing where the Administrator "finds, on the basis of requests, a significant degree of public interest in a draft permit(s)" (40 CFR 124.12 [a] [1]), or "at [the Administrator's] discretion, whenever, for instance, such a hearing…”

Webb v. Gorsuch, 699 F.2d 157 (4th Cir. 1983). “. Lackey Coal Co., Lexie Coal Co., Panunlid Coal Co.”

Greenpeace, Inc. v. Waste Tech. Indus., 9 F.3d 1174 (6th Cir. 1993). “40 C.F.R. § 124.12 (a)(1). If the EPA then decides to issue the permit, that decision may be appealed to the EPA Administrator, and then to the appropriate United States Circuit Court of Appeals.”

Sw. Rsch. & Info. Ctr. v. N.M. Env't Dep't, 2014 NMCA 98 (N.M. Ct. App. 2014). “42 (c)(4); Public hearings, 40 C.F.R. § 124.12 (c) (2000). “After the conclusion of the [sixty]-day comment period, [NMED] must grant or deny the permit modification request according to the permit modification procedures of 40 C.”

Sw. Rsch. & Info. Ctr. v. New Mexico Env't Dep't, 2014 NMCA 098 (N.M. Ct. App. 2014). “42 (c)(4); Public hearings, 40 C.F.R. § 124.12 (c) (2000). “After the conclusion of the [sixty]-day comment period, [NMED] must grant or deny the permit modification request according to the permit modification procedures of 40 C.”

Communities for Clean Water v. N.M. Water Quality Control Comm'n, 413 P.3d 877 (N.M. Ct. App. 2017). “]" 40 C.F.R. § 124.12 (a)(1) (2012) ; see also 40 C.”

Communities for Clean Water v. N.M. Water Quality Control Comm'n, 2018 NMCA 24 (N.M. Ct. App. 2018). “]” 40 C.F.R. §124.12 (a)(1) (2012); see also 40 C.”

Opinion No. (1983) (Mo. Att'y Gen. 1983). “40 CFR 124.12 (a) allows 45 days for the public to request a hearing.”

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