
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: 42USC6976]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
                SUBCHAPTER VII--MISCELLANEOUS PROVISIONS
 
Sec. 6976. Judicial review


(a) Review of final regulations and certain petitions

    Any judicial review of final regulations promulgated pursuant to 
this chapter and the Administrator's denial of any petition for the 
promulgation, amendment, or repeal of any regulation under this chapter 
shall be in accordance with sections 701 through 706 of title 5, except 
that--
        (1) a petition for review of action of the Administrator in 
    promulgating any regulation, or requirement under this chapter or 
    denying any petition for the promulgation, amendment or repeal of 
    any regulation under this chapter may be filed only in the United 
    States Court of Appeals for the District of Columbia, and such 
    petition shall be filed within ninety days from the date of such 
    promulgation or denial, or after such date if such petition for 
    review is based solely on grounds arising after such ninetieth day; 
    action of the Administrator with respect to which review could have 
    been obtained under this subsection shall not be subject to judicial 
    review in civil or criminal proceedings for enforcement; and
        (2) in any judicial proceeding brought under this section in 
    which review is sought of a determination under this chapter 
    required to be made on the record after notice and opportunity for 
    hearing, if a party seeking review under this chapter applies to the 
    court for leave to adduce additional evidence, and shows to the 
    satisfaction of the court that the information is material and that 
    there were reasonable grounds for the failure to adduce such 
    evidence in the proceeding before the Administrator, the court may 
    order such additional evidence (and evidence in rebuttal thereof) to 
    be taken before the Administrator, and to be adduced upon the 
    hearing in such manner and upon such terms and conditions as the 
    court may deem proper; the Administrator may modify his findings as 
    to the facts, or make new findings, by reason of the additional 
    evidence so taken, and he shall file with the court such modified or 
    new findings and his recommendation, if any, for the modification or 
    setting aside of his original order, with the return of such 
    additional evidence.

(b) Review of certain actions under sections 6925 and 6926 of this title

    Review of the Administrator's action (1) in issuing, denying, 
modifying, or revoking any permit under section 6925 of this title (or 
in modifying or revoking any permit which is deemed to have been issued 
under section 6935(d)(1) \1\ of this title), or (2) in granting, 
denying, or withdrawing authorization or interim authorization under 
section 6926 of this title, may be had by any interested person in the 
Circuit Court of Appeals of the United States for the Federal judicial 
district in which such person resides or transacts such business upon 
application by such person. Any such application shall be made within 
ninety days from the date of such issuance, denial, modification, 
revocation, grant, or withdrawal, or after such date only if such 
application is based solely on grounds which arose after such ninetieth 
day. Action of the Administrator with respect to which review could have 
been obtained under this subsection shall not be subject to judicial 
review in civil or criminal proceedings for enforcement. Such review 
shall be in accordance with sections 701 through 706 of title 5.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(Pub. L. 89-272, title II, Sec. 7006, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 96-482, Sec. 27, Oct. 21, 
1980, 94 Stat. 2349; Pub. L. 98-616, title II, Sec. 241(b)(1), title IV, 
Sec. 403(d)(5), Nov. 8, 1984, 98 Stat. 3259, 3273.)

                       References in Text

    Section 6935(d)(1) of this title, referred to in subsec. (b), was in 
the original a reference to section 3012(d)(1) of Pub. L. 89-272, which 
was renumbered section 3014(d)(1) of Pub. L. 89-272 by Pub. L. 98-616 
and is classified to section 6935(d)(1) of this title.


                               Amendments

    1984--Pub. L. 98-616 inserted ``(or in modifying or revoking any 
permit which is deemed to have been issued under section 6935(d)(1) of 
this title)'' and inserted ``Action of the Administrator with respect to 
which review could have been obtained under this subsection shall not be 
subject to judicial review in civil or criminal proceedings for 
enforcement.''
    1980--Pub. L. 96-482, Sec. 27(a), designated existing provisions as 
subsec. (a), in provision preceding par. (1), included judicial review 
of Administrator's denial of any petition for promulgation, amendment, 
or repeal of any regulation in par. (1), included review of 
Administrator's denial of any petition for promulgation, amendment, or 
repeal of any regulation, and substituted ``District of Columbia, and'' 
for ``District of Columbia. Any'', ``date of such promulgation or 
denial'' for ``date of such promulgation'', ``petition for review is 
based'' for ``petition is based'', and ``; action'' for ``. Action'', 
and in par. (2), substituted ``proper; the'' for ``proper. The'', and 
added subsec. (b).

                          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 6972 of this title.
