
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC2620]

 
                      TITLE 15--COMMERCE AND TRADE
 
                  CHAPTER 53--TOXIC SUBSTANCES CONTROL
 
                SUBCHAPTER I--CONTROL OF TOXIC SUBSTANCES
 
Sec. 2620. Citizens' petitions


(a) In general

    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 2604(e) or 
2605(b)(2) of this title.

(b) Procedures

    (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 
2604(e), 2605(b)(1)(A), or 2605(b)(1)(B) 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 2604(e) or 2605(b)(2) 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 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 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.\1\
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    \1\ So in original. The period probably should be a semicolon.

the court shall order the Administrator to initiate the action requested 
by the petitioner. If the court finds that the extent of the risk to 
health or the environment alleged by the petitioner is less than the 
extent of risks to health or the environment with respect to which the 
Administrator is taking action under this chapter and there are 
insufficient resources available to the Administrator to take the action 
requested by the petitioner, the court may permit the Administrator to 
defer initiating the action requested by the petitioner until such time 
as the court prescribes.
    (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.

(Pub. L. 94-469, title I, Sec. 21, Oct. 11, 1976, 90 Stat. 2042; 
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986, 100 
Stat. 2989.)
