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42 U.S.C. § 6974 — Petition for regulations; public participation
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925&num=0&edition=prelim), 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,
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Source file: Laws/federal/codes/united-states-code/title-42/section-6974-petition-for-regulations-public-participation--46309979a6.md
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Source location: Title 42, Chapter 82, § 6974; chapter-082-solid-waste-disposal.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim) unless such program provides for the notice and hearing required by the paragraph.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion.
(2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.
(3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal guidelines** Not later than eighteen months after October 21, 1976, the Administrator, after consultation with State authorities, shall promulgate guidelines to assist States in the Development of State hazardous waste programs.
**(b) Authorization of State program** Any State which seeks to administer and enforce a hazardous waste program pursuant to this subchapter may develop and, after notice and opportunity for public hearing, submit to the Administrator an application, in such form as he shall require, for authorization of such program. Within ninety days following submission of an application under this subsection, the Administrator shall issue a notice as to whether or not he expects such program to be authorized, and within ninety days following such notice (and after opportunity for public hearing) he shall publish his findings as to whether or not the conditions listed in items (1), (2), and (3) below have been met. Such State is authorized to carry out such program in lieu of the Federal program under this subchapter in such State and to issue and enforce permits for the storage, treatment, or disposal of hazardous waste (and to enforce permits deemed to have been issued under section 6935(d)(1) 11 See References in Text note below. of this title) unless, within ninety days following submission of the application the Administrator notifies such State that such program may not be authorized and, within ninety days following such notice and after opportunity for public hearing, he finds that (1) such State program is not equivalent to the Federal program under this subchapter, (2) such program is not consistent with the Federal or State programs applicable in other States, or (3) such program does not provide adequate enforcement of compliance w
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permit requirements** Not later than eighteen months after October 21, 1976, the Administrator shall promulgate regulations requiring each person owning or operating an existing facility or planning to construct a new facility for the treatment, storage, or disposal of hazardous waste identified or listed under this subchapter to have a permit issued pursuant to this section. Such regulations shall take effect on the date provided in [section 6930 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6930&num=0&edition=prelim) and upon and after such date the treatment, storage, or disposal of any such hazardous waste and the construction of any new facility for the treatment, storage, or disposal of any such hazardous waste is prohibited except in accordance with such a permit. No permit shall be required under this section in order to construct a facility if such facility is constructed pursuant to an approval issued by the Administrator under [section 2605(e) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/e&num=0&edition=prelim) for the incineration of polychlorinated biphenyls and any person owning or operating such a facility may, at any time after operation or construction of such facility has begun, file an application for a permit pursuant to this section authorizing such facility to incinerate hazardous waste identified or listed under this subchapter.
**(b) Requirements of permit application** Each application for a permit under this section shall contain such information as may be required under regulations promulgated by the Administrator, including information respecting—
(1) estimates with respect to the composition, quantities, and concentrations of any hazardous w
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6925
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Federal law — U.S. Code and appendices · legal_authorities
Page 7009
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6976
transportation or disposal’’ for ‘‘the alleged disposal’’
and authorized other action to be taken by the Admin-
istrator after notice including issuance of protective
orders relating to public health and the environment,
and added subsec. (b).
1978—Pub. L. 95–609 struck out ‘‘for’’ after ‘‘restrain
any person’’.
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of certain enforcement functions of Ad-
ministrator or other official of Environmental Protec-
tion 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, then to Federal Coordinator for
Alaska Natural Gas Transportation Projects, see note
set out under section 6903 of this title.
§ 6974. Petition for regulations; public participa-
tion
(a) Petition
Any person may petition the Administrator
for the promulgation, amendment, or repeal of
any regulation under this chapter. Within a rea-
sonable time following receipt of such petition,
the Administrator shall take action with re-
spect 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 pro-
gram under this chapter shall be provided for,
encouraged, and assisted by the Administrator
and the States. The Administrator, in coopera-
tion with the States, shall develop and publish
minimum guidelines for public participation in
such processes.
(2) Before the issuing of a permit to any per-
son with any respect to any facility for the
treatment, st
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6974
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