§2620 — Title 15 Commerce and Trade | U.S. Code

Summary

Anyone can ask the Administrator to start making, changing, or canceling certain rules or orders under sections 2603, 2604(e) or (f), 2605, or 2607. The request must be filed at the Administrator’s main office and must explain the facts that show the change is needed. The Administrator can hold a public hearing or investigate. Within 90 days after the request is filed, the Administrator must either say yes and begin the proper rulemaking, or say no and publish the reasons in the Federal Register. If the Administrator denies the request or does not decide within 90 days, the requester can sue in a U.S. district court. The lawsuit must be filed within 60 days after the denial or within 60 days after the 90-day period ends. The court will consider the request again. The requester must prove by a preponderance of the evidence that either (a) for actions under 2603 or for orders under 2603 or 2604(e) there is not enough information to judge health or environmental effects and, without that information, the chemical might pose an unreasonable risk or is made or released in large amounts, or (b) for actions under 2605(a), 2607, or orders under 2604(f) the chemical or mixture poses an unreasonable risk to health or the environment under its uses, including risk to sensitive groups, without looking at costs. The court may order payment of court costs and reasonable attorney or expert fees if appropriate. These remedies do not replace other legal rights.

Title 15, §2620

Commerce and Trade — Source: USLM XML via OLRC

(a)Any person may petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a rule under section 2603, 2605, or 2607 of this title or an order under section 2603 or 2604(e) or (f) of this title.

(b)(1)Such petition shall be filed in the principal office of the Administrator and shall set forth the facts which it is claimed establish that it is necessary to issue, amend, or repeal a rule under section 2603, 2605, or 2607 of this title or an order under section 2603 or 2604(e) or (f) of this title.

(2)The Administrator may hold a public hearing or may conduct such investigation or proceeding as the Administrator deems appropriate in order to determine whether or not such petition should be granted.

(3)Within 90 days after filing of a petition described in paragraph (1), the Administrator shall either grant or deny the petition. If the Administrator grants such petition, the Administrator shall promptly commence an appropriate proceeding in accordance with section 2603, 2604, 2605, or 2607 of this title. If the Administrator denies such petition, the Administrator shall publish in the Federal Register the Administrator’s reasons for such denial.

(4)(A)If the Administrator denies a petition filed under this section (or if the Administrator fails to grant or deny such petition within the 90-day period) the petitioner may commence a civil action in a district court of the United States to compel the Administrator to initiate a rulemaking proceeding as requested in the petition. Any such action shall be filed within 60 days after the Administrator’s denial of the petition or, if the Administrator fails to grant or deny the petition within 90 days after filing the petition, within 60 days after the expiration of the 90-day period.

(B)In an action under subparagraph (A) respecting a petition to initiate a proceeding to issue a rule under section 2603, 2605, or 2607 of this title or an order under section 2603 or 2604(e) or (f) of this title, the petitioner shall be provided an opportunity to have such petition considered by the court in a de novo proceeding. If the petitioner demonstrates to the satisfaction of the court by a preponderance of the evidence that—

(i)in the case of a petition to initiate a proceeding for the issuance of a rule under section 2603 of this title or an order under section 2603 or 2604(e) of this title—

(I)information available to the Administrator is insufficient to permit a reasoned evaluation of the health and environmental effects of the chemical substance to be subject to such rule or order; and

(II)in the absence of such information, the substance may present an unreasonable risk to health or the environment, or the substance is or will be produced in substantial quantities and it enters or may reasonably be anticipated to enter the environment in substantial quantities or there is or may be significant or substantial human exposure to it; or

(ii)in the case of a petition to initiate a proceeding for the issuance of a rule under section 2605(a) or 2607 of this title or an order under section 2604(f) of this title, the chemical substance or mixture to be subject to such rule or order presents an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use.11 So in original. The period probably should be a semicolon.

(C)The court in issuing any final order in any action brought pursuant to subparagraph (A) may award costs of suit and reasonable fees for attorneys and expert witnesses if the court determines that such an award is appropriate. Any court, in issuing its decision in an action brought to review such an order, may award costs of suit and reasonable fees for attorneys if the court determines that such an award is appropriate.

(5)The remedies under this section shall be in addition to, and not in lieu of, other remedies provided by law.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (a). Pub. L. 114–182, § 19(o)(1), substituted “order under section 2603 or 2604(e) or (f) of this title” for “order under section 2604(e) or 2605(b)(2) of this title”. Subsec. (b)(1). Pub. L. 114–182, § 19(o)(2)(A), substituted “order under section 2603 or 2604(e) or (f) of this title” for “order under section 2604(e), 2605(b)(1)(A), or 2605(b)(1)(B) of this title”. Subsec. (b)(4)(B). Pub. L. 114–182, § 19(o)(2)(B)(i), substituted “order under section 2603 or 2604(e) or (f) of this title” for “order under section 2604(e) or 2605(b)(2) of this title” in introductory provisions. Subsec. (b)(4)(B)(i). Pub. L. 114–182, § 19(o)(2)(B)(ii), substituted “order under section 2603 or 2604(e) of this title” for “order under section 2604(e) of this title” in introductory provisions. Subsec. (b)(4)(B)(ii). Pub. L. 114–182, § 19(o)(2)(B)(iii), substituted “section 2605(a) or 2607 of this title or an order under section 2604(f) of this title, the chemical substance or mixture to be subject to such rule or order presents an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use” for “section 2605 or 2607 of this title or an order under section 2605(b)(2) of this title, there is a reasonable basis to conclude that the issuance of such a rule or order is necessary to protect health or the environment against an unreasonable risk of injury to health or the environment”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

§2620 Citizens’ Petitions