Title 15 — Commerce and TradeRelease 119-73

§2691 General provisions relating to administrative proceedings

Title 15 › Chapter CHAPTER 53— - TOXIC SUBSTANCES CONTROL › Subchapter SUBCHAPTER IV— - LEAD EXPOSURE REDUCTION › § 2691

Last updated Apr 6, 2026|Official source

Summary

When the agency makes or changes a rule under this part, the Administrator must open a rulemaking file (a docket) by the day the rule is proposed. If the rule only affects one State, the agency must make the same docket in the EPA regional office for that State. The docket must be open to the public at times listed in the proposal notice. People may copy docket papers and may order copies by mail if they pay the costs, though the agency can waive fees when it serves the public interest. All written comments and documents sent during the comment period, plus hearing transcripts and later documents central to the decision, must go in the docket promptly. Drafts and comments exchanged with other agencies during review must be placed in the docket by the proposal date, and final-review drafts and comments by the date the rule is finalized. The final rule must explain big changes from the proposal and answer significant comments and new data. A final rule cannot rely on information that is not in the docket. Materials from the interagency review are not part of the court review record. These steps apply to rules proposed more than 90 days after October 28, 1992.

Full Legal Text

Title 15, §2691

Commerce and Trade — Source: USLM XML via OLRC

(a)This section applies to the promulgation or revision of any regulation issued under this subchapter.

(b)Not later than the date of proposal of any action to which this section applies, the Administrator shall establish a rulemaking docket for such action (hereinafter in this subsection referred to as a “rule”). Whenever a rule applies only within a particular State, a second (identical) docket shall be established in the appropriate regional office of the Environmental Protection Agency.

(c)(1)The rulemaking docket required under subsection (b) shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any person may copy documents contained in the docket. The Administrator shall provide copying facilities which may be used at the expense of the person seeking copies, but the Administrator may waive or reduce such expenses in such instances as the public interest requires. Any person may request copies by mail if the person pays the expenses, including personnel costs to do the copying.

(2)(A)Promptly upon receipt by the agency, all written comments and documentary information on the proposed rule received from any person for inclusion in the docket during the comment period shall be placed in the docket. The transcript of public hearings, if any, on the proposed rule shall also be included in the docket promptly upon receipt from the person who transcribed such hearings. All documents which become available after the proposed rule has been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as possible after their availability.

(B)The drafts of proposed rules submitted by the Administrator to the Office of Management and Budget for any interagency review process prior to proposal of any such rule, all documents accompanying such drafts, and all written comments thereon by other agencies and all written responses to such written comments by the Administrator shall be placed in the docket no later than the date of proposal of the rule. The drafts of the final rule submitted for such review process prior to promulgation and all such written comments thereon, all documents accompanying such drafts, and written responses thereto shall be placed in the docket no later than the date of promulgation.

(d)(1)The promulgated rule shall be accompanied by an explanation of the reasons for any major changes in the promulgated rule from the proposed rule.

(2)The promulgated rule shall also be accompanied by a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations during the comment period.

(3)The promulgated rule may not be based (in part or whole) on any information or data which has not been placed in the docket as of the date of such promulgation.

(e)The material referred to in subsection (c)(2)(B) shall not be included in the record for judicial review.

(f)The requirements of this section shall take effect with respect to any rule the proposal of which occurs after 90 days after October 28, 1992.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2691

Title 15 — Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73