
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6974]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 6974. Petition for regulations; public participation


(a) Petition

    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) Public participation

    (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.

If within 45 days the Administrator receives written notice of 
opposition to the agency's intention to issue such permit and a request 
for a hearing, or if the Administrator determines on his own initiative, 
he shall hold an informal public hearing (including an opportunity for 
presentation of written and oral views) on whether he should issue a 
permit for the proposed facility. Whenever possible the Administrator 
shall schedule such hearing at a location convenient to the nearest 
population center to such proposed facility and give notice in the 
aforementioned manner of the date, time, and subject matter of such 
hearing. No State program which provides for the issuance of permits 
referred to in this paragraph may be authorized by the Administrator 
under section 6926 of this title unless such program provides for the 
notice and hearing required by the paragraph.

(Pub. L. 89-272, title II, Sec. 7004, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 96-482, Sec. 26, Oct. 21, 
1980, 94 Stat. 2348.)


                               Amendments

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

                          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, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 6925 of this title.
