Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
This procedure incorporates the prehearing information exchange found in 40 CFR 22.19(a) into its own proceedings.
This requires parties to share witness lists, summaries of expected testimony, and copies of all evidence that will be introduced at the hearing.
Any other discovery requested for Superfund cases shall only be allowed upon a showing of good cause and order of the Hearing Officer. See 40 CFR 305.26(f)(4):
"(4) The Presiding Officer shall issue an order for discovery only upon a showing of good cause and upon a determination:
(i) That such discovery will not in any way unreasonably delay the proceeding;
(ii) That the information to be obtained is not otherwise obtainable; and
(iii) That such information has significant probative value."