Title 42The Public Health and WelfareRelease 119-73

§9617 Public participation

Title 42 › Chapter CHAPTER 103— - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › Subchapter SUBCHAPTER I— - HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION › § 9617

Last updated Apr 6, 2026|Official source

Summary

Requires the President or a State to tell the public about a proposed cleanup plan before it is adopted. They must publish a short notice and summary, post the plan for people to read, and offer chances to send written comments, speak at a public meeting near the site, and hear oral comments. The meeting must be recorded and that transcript must be available to the public. Before any cleanup starts, the final plan must be published and posted. The final plan must explain any important changes from the proposal and answer the major comments people made. At minimum, notices must appear in a major local newspaper and all related documents must be available for inspection near the site. The President may give grants to affected community groups at National Priorities List sites to pay for technical help. A single grant may not exceed $50,000, and recipients normally must pay at least 20% of the costs (the President can waive the cap or the match for need). Not more than one grant may be made for the same facility, but it can be renewed.

Full Legal Text

Title 42, §9617

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

(a)Before adoption of any plan for remedial action to be undertaken by the President, by a State, or by any other person, under section 9604, 9606, 9620, or 9622 of this title, the President or State, as appropriate, shall take both of the following actions:
(1)Publish a notice and brief analysis of the proposed plan and make such plan available to the public.
(2)Provide a reasonable opportunity for submission of written and oral comments and an opportunity for a public meeting at or near the facility at issue regarding the proposed plan and regarding any proposed findings under section 9621(d)(4) of this title (relating to cleanup standards). The President or the State shall keep a transcript of the meeting and make such transcript available to the public.
(b)Notice of the final remedial action plan adopted shall be published and the plan shall be made available to the public before commencement of any remedial action. Such final plan shall be accompanied by a discussion of any significant changes (and the reasons for such changes) in the proposed plan and a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations under subsection (a).
(c)After adoption of a final remedial action plan—
(1)if any remedial action is taken,
(2)if any enforcement action under section 9606 of this title is taken, or
(3)if any settlement or consent decree under section 9606 of this title or section 9622 of this title is entered into,
(d)For the purposes of this section, publication shall include, at a minimum, publication in a major local newspaper of general circulation. In addition, each item developed, received, published, or made available to the public under this section shall be available for public inspection and copying at or near the facility at issue.
(e)(1)Subject to such amounts as are provided in appropriations Acts and in accordance with rules promulgated by the President, the President may make grants available to any group of individuals which may be affected by a release or threatened release at any facility which is listed on the National Priorities List under the National Contingency Plan. Such grants may be used to obtain technical assistance in interpreting information with regard to the nature of the hazard, remedial investigation and feasibility study, record of decision, remedial design, selection and construction of remedial action, operation and maintenance, or removal action at such facility.
(2)The amount of any grant under this subsection may not exceed $50,000 for a single grant recipient. The President may waive the $50,000 limitation in any case where such waiver is necessary to carry out the purposes of this subsection. Each grant recipient shall be required, as a condition of the grant, to contribute at least 20 percent of the total of costs of the technical assistance for which such grant is made. The President may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need and such waiver is necessary to facilitate public participation in the selection of remedial action at the facility. Not more than one grant may be made under this subsection with respect to a single facility, but the grant may be renewed to facilitate public participation at all stages of remedial action.

Reference

Citations & Metadata

Citation

42 U.S.C. § 9617

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73