(e) Failure to request or obtain inter with such staff assistance as he deems locutory review does not waive the necessary and appropriate, shall rights of any party to complain of a review the entire record and prepare ruling following completin of the hear- and file a tentative decision based ing. Within five days following the thereon. The tentative decision shall close of a hearing under this Part, any include findings of fact and concluparty may apply to the Administrator sions, and shall be filed with the hear. for post-hearing review of any proce- ing clerk who shall at once transmit a dural ruling, or any ruling made by copy thereof to each party who parthe presiding officer concerning the ticipated at the hearing, or his attoradmission or exclusion of evidence to ney or other representative. which timely objection was made. (b) Upon filing of the tentative deciWithin seven days following the filing sion, the Administrator may allow a of any such application any other reasonable time for the parties to file party may file a brief in response with him any exceptions to the tenathereto.

tive decision, a brief in support of such (f) If the Administrator on review exceptions containing appropriate ref. nder paragraph (e) of this section de- erences to the record, and any protermines that evidence was improperly posed changes in the tentative deciexcluded, he may order its admission sion. Such materials shall, upon subwithout remand for further proceed- mission, become part of the record. As ings, or may remand

with such soon as practicable after the filing instructions as he deems appropriate thereof the Administrator shall preconcerning cross-examination, or op- pare and file a final decision, copies of portunity for any party to submit fur- which shall be transmitted to the parther evidence, with respect to such evi- ties or their representatives in the dence as he directs should be ad- manner prescribed in paragraph (a) of mitted. In making his determination this section. whether to remand, the Administrator (c) In the event that the Administrashall consider whether the statutory tor determines that due and timely extime restraints permit a remand, and ecution of his functions, including whether it would be constructive to compliance with time limitations esallow cross-examination or further evi- tablished by law, imperatively and undence with respect to the newly ad- avoidably so requires, he may omit the mitted evidence. If evidence is ad- preparation and filing of the tentative mitted without cross-examination, the decision and related procedures set Administrator shall consider the lack forth in paragraph (b) of this section, of opportunity for cross-examination and shall instead prepare and file a in determining the weight to be given final decision, copies of which shall be such evidence.

transmitted to the parties or their rep(g) Motions shall be brief, in writing, resentatives in the manner prescribed and may be filed at any time following in paragraph (a) of this section. the publication of the proposed efflu- (d) Any decision rendered by the Adent standards, unless otherwise or- ministrator pursuant to this Section dered by the presiding officer or the shall include a statement of his findAdministrator. Unless otherwise or- ings and conclusions, and the reasons dered or provided in these rules, re- and basis therefor, and shall indicate sponses to motions may be filed within the toxic pollutant effluent standard seven days of the actual filing of the or standards which the Administrator motion with the hearing clerk.

is promulgating or intends to promul

gate based thereon. 3 104.14 Tentative and Final Decision by The Administrator.

$ 104.15 Promulgation of Standards. (a) As soon as practicable following Upon consideration of the record, at the certification of the record and the the time of his final decision the Adfiling by the parties of briefs and pro- ministrator shall determine whether posed findings of fact and conclusions the proposed effluent standard or under $ 104.11, the Administrator, standards should be promulgated as

sistent with other requirements of the structive contributions to governmenAct in Federal and State government tal decision-making. News releases, water pollution control activities. The newsletters and other publications major objectives of such participation may be used for this purpose. Special include greater responsiveness of gov- efforts shall be made to summarize ernmental actions to public concerns complex technical materials for public and priorities, and improved popular and media use. understanding of official programs (b) Assistance to Public. Each and actions. Although the primary re- agency shall have an arrangement for sponsibility for water quality decision- providing technical and informational making is vested by law in public agen- assistance to public groups for citizen cies at the various levels of govern- education, community workshops, ment, active public involvement in and training, and dissemination of inforscrutiny of the intergovernmental de- mation to communities. Requests for cision-making process is desirable to information shall be promptly hanaccomplish these objectives. Confer- dled. ring with the public after a final (c) Consultation. Each agency shall agency decision has been made will

have standing arrangements for early not meet the requirements of this

consultation and exchange of views part. The intent of these regulations is with interested or affected persons to foster a spirit of openness and a and organizations on development or sense of mutual trust between the

revision of plans, programs, or other public and the State and Federal agen- significant actions prior to decisioncies in efforts to restore and maintain

making. Advisory groups, ad hoc comthe integrity of the Nation's waters.

mittees, or workshop meetings may

serve this purpose. § 105.3 Required program and reports.

(d) Notification. Each agency, for its Each agency cited in § 105.1 carrying appropriate geographic area, shall out activities under the Act shall pro- maintain a current list of interested vide for and conduct a continuing pro- persons and organizations, including gram for public participation compris- any who ask to be on such list, for the ing substantially the elements listed in periodic distribution of materials in $ 105.4. Staff responsibility and budge- paragraph (a) of this section. Each tary provisions shall be identified for agency shall additionally comply, in such program in the administration connection with any public hearing or element of the annual State program other proposed action, with any submission under Part 35 Subpart B of formal or specific requirements for this chapter. Public participation ac- public notice called for in the Act or in tivities shall be reported on annually other regulations, to be supplemented and in relation to certain documents wherever possible with informal notice and actions as called for in § 105.5. to all interested persons or organiza

tions having requested in advance $ 105.4 Guidelines for agency programs. such notice.

The continuing agency program for (e) Access to Information. Each public participation shall contain agency shall provide, either directly or mechanisms or activity for each of the through others, in an appropriate loelements listed in this section. The cation or locations, one or more cenexact mechanism and extent of activi- tral public collections or depositories ty may vary in relation to resources of water quality reports and data peravailable, public response, and the tinent to the geographic area connature of issues involved.

cerned. Examples of the materials (a) Informational Materials. Each available for public reference could inagency shall provide continuing policy, clude grant and permit applications, program, and technical information at permits, effluent discharge informathe earliest practicable times and at tion, compliance schedule reports, and places easily accessible to interested or materials specified in section 308(b) of affected persons and organizations so the Act. Copying facilities at reasonthat they can make informed and con- able cost shall be available.

the records of meetings or hearings. If ing shall be well publicized and be he finds that there has been inad- mailed to interested or affected pei equate opportunity for public partici- sons and organizations as soon as th pation on the matter, he may disap- hearing or meeting is scheduled by th: prove or suspend action; or alterna

agency and in the case of a hearing, a tively take measures, or require the least thirty calendar days before th sponsoring agency to take measures,

hearing is to take place. If it should b to obtain additional public participa

necessary to allow less than thirt tion, prior to final action. Such final

days' notice prior to a hearing, th action shall include a statement of

hearing notice shall state the reason findings in regard of public participa- for such shorter time period. tion.

(e) Location and Time. In determin 8 105.7 Guidelines for public hearings.

ing the locations and times for hear

ings, consideration shall be given to Any public hearing, whether manda

easing travel hardship and to facilitat tory or discretionary, to be held under

ing attendance and testimony by & the Act shall be in conformity with

cross-section of interested or affected this section. If conflict exists between

persons and organizations. Accessibil. the minimum guidelines of this section

ity of hearing sites by public transpor and requirements of State or Federal

tation shall be considered. law or other regulations pertaining to

(f) Documents. Reports, documents, a particular hearing, the more strin

and data to be discussed at the public gent requirements shall be observed. (a) Purpose. Generally, a public

hearing shall be available to the public

for a reasonable time prior to the hearing gives persons and organizations a formal opportunity to be heard

hearing. For complex matters, a Fact on a matter prior to decision-making.

Sheet outlining major issues, tentative Although public hearing testimony

staff determinations if appropriate, may focus on the prospective action to

bibliography, and procedures for obbe taken in the form of a tentative

taining further information, for replan or decision, the final actions shall

questing a public hearing, and for benefit from and reflect consideration

other appropriate actions shall be preof the public hearing content.

pared and its availability made known (b) Public Meetings. Agencies are en

in the notice called for in paragraph couraged to hold public meetings or

(d) of this section. workshops, jointly where feasible, on (g) Agenda. The elements of the significant matters or proposed ac- public hearing, proposed time schedtions. Such meetings shall not sup- ule, and any constraints on statements plant public hearings when such are shall be specified in the notice of the required, and shall be informational in hearing. nature with opportunity for public re- (h) Scheduling. Witnesses at public sponse.

hearings shall be scheduled in advance (c) Opportunity for Hearings. Where when necessary to ensure maximum the opportunity for public hearing is participation and allotment of adecalled for in the Act, and in other ap- quate time for testimony, provided propriate instances, a public hearing

that such scheduling is not used as a shall be held if the hearing official

bar to unscheduled testimony. Blocks finds significant public interest (in

of time shall be considered for major cluding the filing of requests or peti

categories of witnesses. Evening and tions for such hearing) or pertinent in

weekend schedules shall be considered. formation to be gained. Instances of

(i) Statements. Public hearing procedoubt should be resolved in favor of

dures shall not inhibit free expression holding the hearing, or if necessary, of providing alternative opportunity for

of views by requirements of more than public participation.

one legible copy of any statement sub(d) Hearing Notices. In addition to

mitted, or for qualification of witany other formal legal requirements, a

nesses beyond that needed for identifinotice of each hearing or public meet

cation.