§6974 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Anyone can ask the Administrator to make, change, or remove a rule under this law. After getting a petition, the Administrator must act within a reasonable time and publish the decision and the reasons in the Federal Register. The Administrator and the States must provide and encourage public participation when creating, revising, carrying out, or enforcing regulations, guidelines, information, or programs under this law, and must publish basic rules for how the public can take part. Before issuing any permit under section 6925 for a hazardous-waste treatment, storage, or disposal facility, the Administrator must put notice in major local newspapers and on local radio and send written notice to each local government with authority over the area and to each State agency that has authority over building or operating the facility.

Title 42, §6974

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Any person may petition the Administrator for the promulgation, amendment, or repeal of any regulation under this chapter. Within a reasonable time following receipt of such petition, the Administrator shall take action with respect to such petition and shall publish notice of such action in the Federal Register, together with the reasons therefor.

(b)(1)Public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under this chapter shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and publish minimum guidelines for public participation in such processes.

(2)Before the issuing of a permit to any person with any respect to any facility for the treatment, storage, or disposal of hazardous wastes under section 6925 of this title, the Administrator shall—

(A)cause to be published in major local newspapers of general circulation and broadcast over local radio stations notice of the agency’s intention to issue such permit, and

(B)transmit in writing notice of the agency’s intention to issue such permit to each unit of local government having jurisdiction over the area in which such facility is proposed to be located and to each State agency having any authority under State law with respect to the construction or operation of such facility.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1980—Subsec. (b). Pub. L. 96–482 designated existing provisions as par. (1) and added par. (2).

Executive Documents

Transfer of Functions

For transfer of certain

Enforcement

functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

§6974 Petition for regulations; public participation